CERTIFICATION OF ENROLLMENT

              ENGROSSED SUBSTITUTE HOUSE BILL 2451

                   Chapter 359, Laws of 2002

                         (partial veto)

                        57th Legislature

                      2002 Regular Session

TRANSPORTATION FUNDING

                    EFFECTIVE DATE:  4/4/02

Passed by the House March 14, 2002   Yeas 93   Nays 5               FRANK CHOPP Speaker of the House of Representatives Passed by the Senate March 14, 2002   Yeas 48   Nays 0	CERTIFICATE I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2451 as passed by the House of Representatives and the Senate on the dates hereon set forth.            CYNTHIA ZEHNDER                           Chief Clerk
BRAD OWEN President of the Senate

Approved April 4, 2002, with the exception of subsections 208(4) and 208(5), pages 9-10; 216(8), pages 17-18; and 405(5), page 34, which are vetoed.Place Style On Codes above, and Style Off Codes below.	FILED                             April 4, 2002 - 3:03 p.m.
GARY LOCKE Governor of the State of Washington	Secretary of State                  State of Washington

          _______________________________________________

               ENGROSSED SUBSTITUTE HOUSE BILL 2451

          _______________________________________________

                     AS AMENDED BY THE SENATE

             Passed Legislature - 2002 Regular Session

State of Washington      57th Legislature     2002 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Fisher, Chase and Ogden; by request of Governor Locke)

Read first time .  Referred to Committee on .

Making supplemental transportation appropriations.        

    AN ACT Relating to transportation funding and appropriations; amending 2001 2nd sp.s. c 14 ss 102, 203, 204, 205, 206, 202, 207, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 301, 401, 402, 403, 406, and 407 (uncodified); amending 2000 2nd sp.s. c 1 s 724 (uncodified); adding new sections to 2001 2nd sp.s. c 14 (uncodified); creating a new section; making appropriations; and declaring an emergency.

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

                         2001-03 BIENNIUM

              GENERAL GOVERNMENT AGENCIES-‑OPERATING

    Sec. 1.  2001 2nd sp.s. c 14 s 102 (uncodified) is amended to read as follows:

FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM

Motor Vehicle Account‑-State Appropriation.......... $ ((1,676,000))

488,000

    ((The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:  $1,188,000 of the motor vehicle account‑-state appropriation is provided for the implementation of House Bill No. 2269 in the form enacted by the legislature.  If House Bill No. 2269 is not enacted in the form passed by the legislature by July 31, 2001, this funding will lapse.))

                           (End of part)

                      TRANSPORTATION AGENCIES

NEW SECTION. Sec. 201.  A new section is added to 2001 2nd sp.s. c 14 (uncodified) to read as follows:

FOR THE COUNTY ROAD ADMINISTRATION BOARD‑-OPERATING PROGRAM

Rural Arterial Trust Account‑-State

    Appropriation.............................. $          741,000

Motor Vehicle Account‑-State Appropriation..... $        1,886,000

County Arterial Preservation Account‑-

    State Appropriation........................ $          700,000

           TOTAL APPROPRIATION................. $        3,327,000

    Sec. 202.  2001 2nd sp.s. c 14 s 203 (uncodified) is amended to read as follows:

FOR THE COUNTY ROAD ADMINISTRATION BOARD‑-CAPITAL PROGRAM

Rural Arterial Trust Account‑-State

    Appropriation.............................. $   ((50,182,000))

56,965,000

Motor Vehicle Account‑-State Appropriation..... $    ((1,887,000))

368,000

County Arterial Preservation Account‑-

    State Appropriation........................ $   ((28,551,000))

28,681,000

           TOTAL APPROPRIATION................. $   ((80,620,000))

86,014,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    ((It is the intent of the legislature that the county road administration board receive separate programmatic appropriations for the operating program and the capital program for the 2001-03 biennium, and thereafter.  Agency administrative costs may not be charged against projects or funded from the capital program appropriations.

    (1) $1,540,000 of the motor vehicle account‑‑state appropriation, $870,000 of the county arterial preservation account‑‑state appropriation, and $917,000 of the rural arterial trust account‑‑state appropriation are provided for the operations program.  Of the motor vehicle account‑-state appropriation, $368,000 is provided for county ferries as set forth in RCW 47.56.724(4).

    (2) $347,000 of the motor vehicle account‑‑state appropriation, $27,681,000 of the county arterial preservation account‑‑state appropriation, and $49,265,000 of the rural arterial trust account‑‑state appropriation are provided for the capital program.))

$368,000 of the motor vehicle account‑-state appropriation is provided for county ferries as set forth in RCW 47.56.724(4).

NEW SECTION. Sec. 203.  A new section is added to 2001 2nd sp.s. c 14 (uncodified) to read as follows:

FOR THE TRANSPORTATION IMPROVEMENT BOARD‑-OPERATING PROGRAM

Urban Arterial Trust Account‑-State

    Appropriation.............................. $        1,552,000

Transportation Improvement Account‑-

    State Appropriation........................ $        1,551,000

           TOTAL APPROPRIATION................. $        3,103,000

    Sec. 204.  2001 2nd sp.s. c 14 s 204 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION IMPROVEMENT BOARD‑-CAPITAL PROGRAM

Urban Arterial Trust Account‑-State

    Appropriation.............................. $   ((94,690,000))

105,622,000

Transportation Improvement Account‑-

    State Appropriation........................ $  ((118,605,000))

130,456,000

           TOTAL APPROPRIATION................. $  ((213,295,000))

236,078,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    ((It is the intent of the legislature that the transportation improvement board receive separate programmatic appropriations for the operating program and the capital program for the 2001-03 biennium, and thereafter.  Agency administrative costs may not be charged against projects or funded from the capital program appropriations.

    (1) $1,551,000 of the transportation improvement account‑‑state appropriation and $1,552,000 of the urban arterial trust account‑‑state appropriation are provided for the operations program.

    (2) $117,054,000 of the transportation improvement account‑‑state appropriation and $93,138,000 of the urban arterial trust account‑‑state appropriation are provided for the capital program.

    (3))) The transportation improvement account‑-state appropriation includes (($47,325,000)) $34,030,000 in proceeds from the sale of bonds authorized in RCW 47.26.500.  The transportation improvement board may authorize the use of current revenues available to the agency in-lieu of bond proceeds for any part of the state appropriation.

    Sec. 205.  2001 2nd sp.s. c 14 s 205 (uncodified) is amended to read as follows:

FOR THE LEGISLATIVE TRANSPORTATION COMMITTEE

Motor Vehicle Account--State Appropriation..... $        3,596,000

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) $2,823,000 of the motor vehicle account--state appropriation is provided for the operation of the house of representatives transportation committee.

    (2) To the extent possible, this appropriation shall utilize funds allocated under RCW 46.68.110(2).

    (3) The house of representatives transportation committee shall conduct a study of the use of motorized scooters.  The study shall, at a minimum, identify and analyze the safety issues associated with use of motorized scooters, including use by children, commuters, and the disabled.   House of representatives transportation committee cochairs shall each appoint one member from their respective caucus to serve as cochair of the study group.  The chair of the senate transportation committee may also appoint two members from the senate transportation committee, one from each caucus, to participate in the study.  The study shall be staffed by house of representatives transportation committee staff.  The study group shall report back to the house of representatives transportation committee by January 1, 2002.

    (4) The house of representatives transportation committee shall conduct a study of the effect of the weight of fire-fighting apparatus on state roadways.  The study shall determine, at a minimum, the various types of fire-fighting apparatus currently in use on state roadways; the size, weight and load effect of fire-fighting apparatus that are currently in use or that potentially could be in use on the state roadways, as well as on state bridges; and the effect on public safety.  The study may examine state and federal laws that affect fire-fighting apparatuses.  House of representatives transportation committee cochairs shall each appoint one member from their respective caucus to serve as cochair of the study group.  The study shall be staffed by house of representatives transportation committee staff.  The study group will report back to the house of representatives transportation committee by January 1, 2002.

    (5) The legislative transportation committee shall conduct a feasibility study of potential for economic partnerships between the Washington state ferries and local government entities, including but not limited to port districts.  The study is intended to improve ferry terminals.  The study shall, at a minimum, identify the market, physical, and economic factors that should be examined in determining whether an economic or commercial development partnership project on or around Washington state ferry terminals is likely to produce revenue for the partners.  The study shall apply those factors to an analysis of each terminal used by Washington state ferries and recommend whether further exploration of state and local partnerships would be of potential economic benefit to the partners.  The entity selected to perform the study through the request for proposals process will report back to the transportation committees of the legislature by December 1, 2001.

    (6) The legislative transportation committee, in cooperation with an areawide transportation system or systems, shall undertake an evaluation of providing locally sponsored transit services in a local community supplemental to those services provided by an areawide system.  The evaluation shall address:

    (a) The costs and benefits of providing such services;

    (b) The impact of such service on ridership on the areawide system and on any regional systems;

    (c) Funding options for supplemental services; and

    (d) Institutional arrangements affecting the institution of supplemental services.

    The committee shall work with the department of transportation, areawide transit providers, community officials, private businesses, labor organizations, and others as appropriate in conducting the evaluation, and in developing a pilot project if feasible.  The committee shall also conduct a study of local transit systems with the purpose of making recommendations to make local transit services more seamless and efficient.  The committee shall provide an interim progress report to the legislature by January 2002.  The committee shall report its findings to the legislature not later than December 1, 2002.

(7) The legislative transportation committee shall undertake an evaluation of the statutory exemptions for transportation taxes, including but not limited to motor vehicle fuel taxes.  The committee shall report its findings to the legislature by December 1, 2003.

(8) The legislative transportation committee will convene a working group to review the costs, processes, and other considerations relating to special vehicle license plates.  The working group will also review special license plate tabs and emblems.  The committee will report its findings to the legislature by December 1, 2002.

(9) The legislative transportation committee shall form a working group to evaluate the feasibility of developing an alternative corridor to Interstate 5 and Interstate 405 to expedite the movement of commerce between the Canadian border, the central Puget Sound region, the south Puget Sound region, and more southerly areas.  The corridor would run from approximately the Canadian border in the north to approximately Lewis county in the south.  This alternative corridor analysis shall address truck, rail, pipeline, and other utility needs for the corridor, to determine the feasibility of financing and constructing such a corridor, taking into consideration:  (a) Anticipated present and future freight demand as well as freight traffic relief for existing state highway and rail routes; (b) the potential for carrying general purpose traffic to provide relief for other state highway routes; (c) a cost-benefit analysis detailing various funding possibilities, including federal funds and the use of charges and tolls to fund construction and operation of the corridor as a utility corridor and a toll facility; (d) an analysis detailing possible right of way locations, including but not limited to property donations, trades, or credits between or among the public and private sector; and (e) possible private sector, local, or other partnerships that may be used to fund the project.  The working group shall report its findings to the full committee by December 15, 2002.

    Sec. 206.  2001 2nd sp.s. c 14 s 207 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION COMMISSION

Motor Vehicle Account‑-State Appropriation..... $          773,000

    Sec. 207.  2001 2nd sp.s. c 14 s 209 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-FIELD OPERATIONS BUREAU

State Patrol Highway Account‑-

    State Appropriation........................ $  ((162,081,000))

164,147,000

State Patrol Highway Account‑-

    Federal Appropriation...................... $    ((7,084,000))

7,278,000

State Patrol Highway Account‑-

    Private/Local Appropriation................ $          169,000

           TOTAL APPROPRIATION................. $  ((169,334,000))

171,594,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities of the field operations bureau:

    (1) As a result of the elimination of the vehicle inspection number (VIN) program, no permanent Washington state patrol employee shall be displaced from employment without the opportunity to fill a vacant patrol position for which he or she has a preference and meets the minimum qualifications.  For the purpose of the VIN program elimination, the guidelines under chapter 356-26 WAC (Registers-Certifications) shall be suspended for those employees holding the classification of VIN 1 or 2.

    (2) To the extent possible, the agency shall transfer displaced VIN personnel into the 20 newly created school bus inspection and motor carrier safety assistance program positions.  The agency shall fill existing vacant positions within the commercial vehicle division with displaced VIN personnel.  The agency shall report by December 31, 2001, to the senate and house of representatives transportation committees on efforts to relocate displaced VIN personnel.

    *Sec. 208.  2001 2nd sp.s. c 14 s 210 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-SUPPORT SERVICES BUREAU

Multimodal Transportation Account‑-State

Appropriation.............................. $ 5,247,000

State Patrol Highway Account‑-

    State Appropriation........................ $   ((69,960,000))

71,736,000

State Patrol Highway Account‑-

    Private/Local Appropriation................ $          735,000

           TOTAL APPROPRIATION................. $   ((70,695,000))

77,718,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities of the support services bureau:

(1) $67,000 of the state patrol highway account‑-state appropriation is provided solely for the patrol to work jointly with the department of transportation, the military department, and the department of natural resources, in coordination with the state interoperability executive committee, on the development and implementation of a secure geographical information system database to illustrate locations and specifications of statewide radio and microwave towers

(2) $5,247,000 of the multimodal transportation account‑-state appropriation and $2,299,000 of the state patrol highway account‑-state appropriation is a one time funding of general fund activities.  The general fund will resume funding these activities beginning in the 2003-05 biennium.

(3) The Washington state patrol shall review the policy of allowing commissioned uniformed officers to use personally assigned vehicles for commuting purposes.  This provision applies to every Washington state patrol officer except the chief and any officer that requires use of a vehicle for work performed throughout the day.  The agency shall submit to the house of representatives and senate transportation committees by December 1, 2002, a list of officers that use vehicles for commuting purposes and any revisions to the vehicle use policy resulting from the review required under this subsection.

(4) The Washington state patrol shall contract with an independent consulting firm to develop a cost allocation system to identify which agency activities qualify as a "highway purpose" under Article II, section 40 of the state Constitution.  The consulting firm shall present findings and recommendations to the legislative transportation committee during the 2002 legislative interim.  The legislative transportation committee shall approve or reject those findings and recommendations.

(5) The final cost allocation system and processes must be utilized to develop the Washington state patrol's request budget for 2003-05.

*Sec. 208 was partially vetoed.  See message at end of chapter.

NEW SECTION. Sec. 209.  A new section is added to 2001 2nd sp.s. c 14 (uncodified) to read as follows:

FOR THE WASHINGTON STATE PATROL‑-INVESTIGATIVE SERVICES BUREAU

Multimodal Transportation Account‑-State

    Appropriation.............................. $        5,088,000

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for the activities referenced:  $5,088,000 of the multimodal transportation account‑-state appropriation is a one time funding of general fund activities.  The general fund will resume funding these activities beginning in the 2003-05 biennium.

    Sec. 210.  2001 2nd sp.s. c 14 s 211 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-MANAGEMENT AND SUPPORT SERVICES

Marine Fuel Tax Refund Account‑-State

    Appropriation.............................. $        ((7,000))

3,000

Motorcycle Safety Education Account‑-

    State Appropriation........................ $      ((114,000))

88,000

Wildlife Account‑-State Appropriation.......... $       ((89,000))

81,000

Highway Safety Account‑-State Appropriation.... $    ((7,740,000))

7,724,000

Highway Safety Account‑-Federal Appropriation...                 $ 55,000

Motor Vehicle Account‑-State Appropriation..... $    ((4,230,000))

4,400,000

Licensing Services Account‑-State

    Appropriation.............................. $      ((123,000))

173,000

           TOTAL APPROPRIATION................. $   ((12,303,000))

12,524,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities referenced:

(1) $6,000 of the motor vehicle account‑-state appropriation is provided solely for the implementation of Senate Bill No. 5354 in the form passed by the legislature.  If Senate Bill No. 5354 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(2) $14,000 of the motor vehicle account‑-state appropriation and $3,000 of the highway safety account‑‑state appropriation are provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature.  If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amounts provided in this subsection shall lapse.

(3) $26,000 of the motor vehicle account‑-state appropriation and $1,000 of the highway safety account‑-state appropriation are provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature.  If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(4) $2,000 of the motor vehicle account‑-state appropriation and $4,000 of the highway safety account‑-state appropriation is provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature.  If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(5) $11,000 of the highway safety account‑-state appropriation is provided solely for the implementation of Senate Bill No. 6461 in the form passed by the legislature.  If Senate Bill No. 6461 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

    Sec. 211.  2001 2nd sp.s. c 14 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-INFORMATION SYSTEMS

Marine Fuel Tax Refund Account‑-State

    Appropriation.............................. $            2,000

Motorcycle Safety Education Account‑-

    State Appropriation........................ $       ((50,000))

13,000

Wildlife Account‑-State Appropriation.......... $           34,000

Highway Safety Account‑-State Appropriation.... $    ((5,655,000))

5,735,000

Highway Safety Account‑-Federal Appropriation...                 $ 31,000

Motor Vehicle Account‑-State Appropriation..... $    ((3,304,000))

3,695,000

Licensing Services Account‑-State

    Appropriation.............................. $      ((292,000))

213,000

           TOTAL APPROPRIATION................. $    ((9,337,000))

9,723,000

    The appropriations in this section are subject to the following conditions and limitations:

(1) The department of licensing shall report to the legislative transportation committees on the progress of the expanded internet service no later than December 15, 2002.

(2) $4,000 of the motor vehicle account‑‑state appropriation is provided solely for the implementation of Senate Bill No. 5354 in the form passed by the legislature.  If Senate Bill No. 5354 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(3) $4,000 of the motor vehicle account‑-state appropriation and $2,000 of the highway safety account‑-state appropriation are provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature.  If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amounts provided in this subsection shall lapse.

(4) $19,000 of the motor vehicle account‑-state appropriation and $1,000 of the highway safety account‑-state appropriation are provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature.  If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amounts provided in this subsection shall lapse.

(5) $1,000 of the motor vehicle account‑-state appropriation and $3,000 of the highway safety account‑-state appropriation are provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature.  If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(6) $8,000 of the highway safety account‑-state appropriation is provided solely for the implementation of Senate Bill No. 6461 in the form passed by the legislature.  If Senate Bill No. 6461 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

    Sec. 212.  2001 2nd sp.s. c 14 s 213 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-VEHICLE SERVICES

Marine Fuel Tax Refund Account‑-

    State Appropriation........................ $           26,000

Wildlife Account‑-State Appropriation.......... $          578,000

Motor Vehicle Account‑-State Appropriation..... $   ((57,043,000))

58,191,000

Licensing Services Account‑-State

    Appropriation.......................... ... $    ((3,123,000))

4,240,000

           TOTAL APPROPRIATION................. $   ((60,770,000))

63,035,000

The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities referenced:

(1) $82,000 of the motor vehicle account‑-state appropriation is provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature.  If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(2) $376,000 of the motor vehicle account‑-state appropriation is provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature.  If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(3) $77,000 of the motor vehicle account‑-state appropriation is provided solely for the implementation of Senate Bill No. 5354 in the form passed by the legislature.  If Senate Bill No. 5354 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(4) The department shall work cooperatively with the national guard to develop and make available a national guard sticker which may be affixed to a license plate.  The stickers shall be available upon application.  The department shall charge a fee for the stickers sufficient to defray the costs of production.

(5) The department shall work cooperatively with the Washington state council of fire fighters to develop and make available a fire fighter sticker which may be affixed to a license plate.  The stickers shall be available upon application to members of the international association of fire fighters.  The department shall charge a fee for the stickers sufficient to defray the costs of production.

(6) $22,000 of the motor vehicle account‑-state appropriation is provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature.  If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

    Sec. 213.  2001 2nd sp.s. c 14 s 214 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-DRIVER SERVICES

Motorcycle Safety Education Account‑-

    State Appropriation........................ $    ((2,223,000))

2,573,000

Highway Safety Account‑-State Appropriation.... $   ((81,366,000))

82,175,000

Highway Safety Account‑-Federal Appropriation...                 $ 788,000

           TOTAL APPROPRIATION................. $   ((83,589,000))

85,536,000

    The appropriations in this section are subject to the following conditions and limitations:

(1) The department of licensing shall prepare a capital project plan adopting a process for using certificates of participation to purchase licensing services offices if the combined principle and interest payments are the same or less than existing or future leases on comparable facilities.

(2) $21,000 of the highway safety fund‑-state appropriation is provided solely for the implementation of Senate Bill No. 6748 in the form passed by the legislature.  If Senate Bill No. 6748 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(3) $36,000 of the highway safety fund‑-state appropriation is provided solely for the implementation of Senate Bill No. 6814 in the form passed by the legislature.  If Senate Bill No. 6814 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(4) $162,000 of the highway safety account‑-state appropriation is provided solely for the implementation of Senate Bill No. 6461 in the form passed by the legislature.  If Senate Bill No. 6461 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

(5) $56,000 of the highway safety account‑-state appropriation is provided solely for the implementation of Senate Bill No. 5626 in the form passed by the legislature.  If Senate Bill No. 5626 is not enacted in the form passed by the legislature the amount provided in this subsection shall lapse.

    Sec. 214.  2001 2nd sp.s. c 14 s 215 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MANAGEMENT AND FACILITIES‑-PROGRAM D‑-OPERATING

Motor Vehicle Account‑-State Appropriation..... $   ((50,649,000))

50,644,000

Motor Vehicle Account‑-Federal Appropriation... $          400,000

           TOTAL APPROPRIATION................. $   ((51,049,000))

51,044,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:  $3,296,000 of the motor vehicle account‑‑state appropriation is provided solely for the implementation of Engrossed Senate Bill No. 6188.

    Sec. 215.  2001 2nd sp.s. c 14 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-AVIATION‑-PROGRAM F

Aeronautics Account‑-State Appropriation........                 $...................................... ((4,852,000))

5,349,000

Aircraft Search and Rescue Safety and

    Education Account‑-State Appropriation..... $          160,000

           TOTAL APPROPRIATION................. $    ((5,012,000))

5,509,000

    *Sec. 216.  2001 2nd sp.s. c 14 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-IMPROVEMENTS‑-PROGRAM I

Motor Vehicle Account‑-State Appropriation..... $  ((508,936,000))

417,472,000

Motor Vehicle Account‑-Federal Appropriation... $  ((219,538,000))

230,929,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $   ((40,904,000))

48,872,000

Tacoma Narrows Toll Bridge Account‑-State

Appropriation.............................. $ 839,000,000

Special Category C Account‑-State

    Appropriation.............................. $   ((72,608,000))

49,608,000

((Multimodal Transportation Account‑-State

    Appropriation.............................. $      4,880,000))

           TOTAL APPROPRIATION................. $  ((846,866,000))

1,585,881,000

    The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030.  The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The special category C account‑-state appropriation of (($72,608,000)) $49,608,000 includes (($63,500,000)) $41,500,000 in proceeds from the sale of bonds authorized in RCW 47.10.812.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (2) The department shall report December 1st and June 1st of each year to the senate and the house of representatives transportation committees and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit.  This report shall provide a description of all department activities related to the regional transit authority including investments in state‑owned infrastructure.

    (3) The motor vehicle account‑-state appropriation includes (($391,637,000)) $348,364,000 in proceeds from the sale of bonds authorized by RCW 47.10.843.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (4) ((At least $554,714,000 of the total appropriation is provided for the construction phase of the improvement program.

    (5))) $4,880,000 of the ((multimodal transportation)) motor vehicle account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board.

    (((6))) (5) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match.  Fund transfers authorized under this subsection shall not affect project prioritization status.  Appropriations shall initially be allotted as appropriated in this act.  The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management.  The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2002.

(6) The motor vehicle account--state appropriation includes $3,898,000 in unexpended proceeds from the January 2001 bond sale authorized in RCW 47.10.834 for the Tacoma Narrows bridge project.  The transportation commission may authorize the use of current revenues available to the department of transportation in-lieu of bond proceeds for any part of the state appropriation.

(7) The Tacoma narrows toll bridge account‑-state appropriation includes $800,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843.

(8) Upon completion of the Vancouver high-occupancy vehicle lanes pilot project that began on October 28, 2001, and concludes October 28, 2002, the department of transportation may only proceed with future high-occupancy vehicle lane projects in counties with a population of 300,000 or more that border the state of Oregon, when vehicle spaces at park and ride lots within the county are two and one-half times the capacity in existence on January 1, 2002, or if the Interstate 5 bridge over the Columbia River is retrofitted to include four southbound general purpose lanes.

*Sec. 216 was partially vetoed.  See message at end of chapter.

    Sec. 217.  2001 2nd sp.s. c 14 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION ECONOMIC PARTNERSHIPS‑-PROGRAM K‑‑OPERATING

Motor Vehicle Account‑-State Appropriation..... $    ((1,153,000))

1,448,000

The appropriation in this section is subject to the following conditions and limitations:  $300,000 of the motor vehicle account‑-state appropriation is provided solely for a study of private-public partnerships in transportation.  The department of transportation shall provide staff support to a legislative oversight committee that will manage a study of public-private partnerships in transportation.  The legislative oversight committee will consist of three members from each caucus in each house of the legislature, appointed by the leadership of the legislators' respective caucus.  The legislative oversight committee shall analyze and make recommendations on:  (1) The barriers that prevent the private sector from providing transportation services, which could include ferry, bus, or monorail; (2) the use of public-private partnerships nationally and the experiences of other states in using public-private partnerships; (3) the public-private opportunities for transportation projects in Washington; and (4) the advantages and disadvantages of the financing options available for public-private partnerships.  The legislative oversight committee shall report its findings and recommendations to the legislature by December 1, 2003.

    Sec. 218.  2001 2nd sp.s. c 14 s 220 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MAINTENANCE‑-PROGRAM M

Motor Vehicle Account‑-State Appropriation..... $  ((275,394,000))

275,380,000

Motor Vehicle Account‑-Federal Appropriation... $          512,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $        4,067,000

           TOTAL APPROPRIATION................. $  ((279,973,000))

279,959,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

    (2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account‑-state into unallotted status.  This exchange shall not affect the amount of funding available for snow and ice removal.

    Sec. 219.  2001 2nd sp.s. c 14 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PRESERVATION‑-PROGRAM P

Motor Vehicle Account‑-State Appropriation..... $   ((90,760,000))

139,334,000

Motor Vehicle Account‑-Federal Appropriation... $  ((318,795,000))

341,124,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $    ((8,717,000))

7,202,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((64,218,000))

14,000,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $   ((95,682,000))

56,000,000

           TOTAL APPROPRIATION................. $  ((578,172,000))

557,660,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) If portions of the appropriations in this section are required to fund preservation work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

    (2) The motor vehicle account‑-state appropriation includes (($6,524,000 for earthquake repairs and to match federal emergency relief funds.  This amount includes)) $3,750,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (3) The motor vehicle account‑-state appropriation includes $9,183,000 in proceeds from the sale of bonds authorized by RCW 47.10.843.  The transportation commission may authorize the use of current revenues available to the department in lieu of bond proceeds for any part of the state appropriation.

(4) The department of transportation is authorized to maximize the use of federal and state funds to implement the provisions of this section.

    (((4) $471,763,000 of the total appropriation is provided for the construction phase of the preservation program.))

    (5) The motor vehicle account‑-federal appropriation and the multimodal transportation account‑-federal appropriation are transferable between each other to ensure efficient funds management and program delivery.

(6) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match.  Fund transfers authorized under this subsection shall not affect project prioritization status.  Appropriations shall initially be allotted as appropriated in this act.  The department may not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management.  The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2002.

(7) The department of transportation, with approval of the transportation commission, shall expend up to $3,000,000 of the motor vehicle account‑-state appropriation on the incident response program.  Spending on other projects within the preservation program shall be adjusted to accommodate these expenditures.

(8) The department of transportation, with approval of the transportation commission, shall expend funds appropriated under this section on the Alaska Way viaduct.  Spending on other projects within the preservation program shall be adjusted to accommodate these expenditures.

    Sec. 220.  2001 2nd sp.s. c 14 s 222 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRAFFIC OPERATIONS‑-PROGRAM Q‑‑OPERATING

Motor Vehicle Account‑-State Appropriation..... $       32,402,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $          125,000

           TOTAL APPROPRIATION................. $       32,527,000

The appropriations in this section are subject to the following conditions and limitations:  If Senate Bill No. 5949 is enacted in the form passed by the legislature, $518,000 of the motor vehicle account‑-state appropriation shall lapse.

    Sec. 221.  2001 2nd sp.s. c 14 s 224 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

State Patrol Highway Account‑-State

    Appropriation.............................. $          926,000

Motor Vehicle Account‑-State Appropriation..... $   ((94,632,000))

95,755,000

Motor Vehicle Account‑-Federal Appropriation... $        2,654,000

Puget Sound Ferry Operations Account‑-

    State Appropriation........................ $        6,642,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $    ((2,082,000))

1,397,000

           TOTAL APPROPRIATION................. $  ((106,936,000))

107,374,000

The appropriations in this section are subject to the following conditions and limitations:  $67,000 of the motor vehicle account‑-state appropriation is provided solely for the department of transportation to work jointly with the department of natural resources, the military department, and the Washington state patrol, in coordination with the state interoperability executive committee, on the development and implementation of a secure geographical information system (GIS) database to illustrate locations and specifications of statewide radio and microwave towers.

    Sec. 222.  2001 2nd sp.s. c 14 s 225 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION PLANNING, DATA, AND RESEARCH‑-PROGRAM T

Motor Vehicle Account‑-State Appropriation..... $   ((18,250,000))

11,496,000

Motor Vehicle Account‑-Federal Appropriation... $       18,800,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $          987,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $        2,000,000

           TOTAL APPROPRIATION................. $   ((40,037,000))

33,283,000

    The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:

    (((1))) The motor vehicle account‑‑state appropriation includes $1,000,000 distributed under RCW 46.68.110(2):

    (((a))) (1) $500,000 of the distribution under RCW 46.68.110(2) is to be used solely by the department of transportation to collect and enter collision reports into the statewide collision reporting system for local roadway planning and safety analysis.

    (((b))) (2) $500,000 of the distribution under RCW 46.68.110(2) is provided solely to the department of transportation for the Washington strategic freight transportation analysis.  The department shall work with the transportation research center to conduct an origin and destination study to determine the impacts of trade-related truck traffic and other truck impacts on the highway system.  The department may also conduct other research elements, including, but not limited to, freight corridor identification, strategic resource access, and road network review.

    (((2) $6,754,000 of the motor vehicle account‑‑state appropriation is provided for the implementation of Senate Bill No. 5749 in the form enacted by the legislature.  If Senate Bill No. 5749 is not enacted in the form passed by the legislature by July 31, 2001, this funding shall lapse.))

    Sec. 223.  2001 2nd sp.s. c 14 s 226 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-CHARGES FROM OTHER AGENCIES‑-PROGRAM U

    Payments in this section represent charges from other state agencies to the department of transportation.

    (1) FOR PAYMENT OF DEPARTMENT OF GENERAL ADMINISTRATION OFFICE OF RISK MANAGEMENT FEES

Motor Vehicle Account‑‑State Appropriation..... $          464,000

Puget Sound Ferry Operations‑‑State

    Appropriation.............................. $          154,000

    (2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Account‑-State Appropriation..... $      ((731,000))

713,000

    (3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES

Motor Vehicle Account‑-State Appropriation..... $    ((4,128,000))

4,047,000

    (4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Account‑-State Appropriation..... $    ((2,240,000))

2,237,000

    (5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Account‑-State Appropriation..... $   ((13,892,000))

28,755,000

Motor Vehicle Fund‑-Puget Sound Ferry Operations Account‑-

    State Appropriation........................ $        4,204,000

    The office of risk management shall evaluate the risk pool premium assessments to ensure that proper tracking, measuring, and reporting methods have been utilized to ensure funding equity has been maintained.  "Funding equity" includes but is not limited to demonstrating that premiums assessed to the department of transportation will, over time, not exceed claims paid in order to ensure that premiums paid by the department of transportation are not unconstitutionally expended for nonhighway purposes.  The office of risk management shall make a full report of its findings to the legislature no later than January 15, 2002.

    (6) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

Motor Vehicle Account‑-State Appropriation..... $          251,000

    (7) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Account‑-State Appropriation..... $        1,547,000

    (8) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Account‑-State Appropriation..... $      ((469,000))

457,000

           TOTAL APPROPRIATION................. $   ((28,080,000))

42,829,000

    Sec. 224.  2001 2nd sp.s. c 14 s 227 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PUBLIC TRANSPORTATION‑-PROGRAM V

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((11,160,000))

10,960,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $        3,074,000

Multimodal Transportation Account‑‑

    Private/Local Appropriation................ $          205,000

           TOTAL APPROPRIATION................. $   ((14,439,000))

14,239,000

    Sec. 225.  2001 2nd sp.s. c 14 s 228 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-WASHINGTON STATE FERRIES CONSTRUCTION‑-PROGRAM W

Motor Vehicle Account‑-State

    Appropriation.............................. $  ((144,404,000))

134,390,000

Motor Vehicle Account‑-Federal

    Appropriation.............................. $       37,472,000

Passenger Ferry Account‑-State Appropriation... $        1,500,000

Passenger Ferry Account‑-Federal

    Appropriation.............................. $        4,000,000

           TOTAL APPROPRIATION................. $  ((187,376,000))

177,362,000

    The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements.  The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The motor vehicle account‑-state appropriation includes $50,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries.  The transportation commission may authorize the use of current revenues available to the motor vehicle account in lieu of bond proceeds for any part of the state appropriation.

    (2) Appropriations in this section include funding for the purchase or lease-purchase of one passenger ferry and assume the proceeds of the sale of the MV Kalama and MV Skagit passenger ferries shall be deposited in the passenger ferry account.

    (3) The department shall provide staff support to a legislative oversight committee that will manage a study of the Eagle Harbor maintenance facility.  The legislative oversight committee shall consist of two members from each caucus in each house of the legislature, appointed by the leadership of the members' respective caucus.  The department shall issue a request for proposals on behalf of the legislative oversight committee for an outside consulting firm to conduct a study on the preservation, replacement, or supplementation of the Eagle Harbor maintenance facility.  The study must analyze:  (a) The costs and benefits to preserve and maintain or relocate the facility; (b) the impact of Eagle Harbor employment on the local community and Kitsap county; and (c) a recommendation on future investment in the Eagle Harbor maintenance facility or possible alternatives.  The contractor and the legislative oversight committee must report back to the legislature's transportation committees no later than December 10, 2002.

    Sec. 226.  2001 2nd sp.s. c 14 s 229 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Puget Sound Ferry Operations Account‑-State

    Appropriation.............................. $  ((321,673,000))

311,312,000

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The appropriation is based on the budgeted expenditure of (($46,881,000)) $35,159,000 for vessel operating fuel in the 2001-2003 biennium.  If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended.  If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

    (2) The appropriation provides for the compensation of ferry employees.  The expenditures for compensation paid to ferry employees during the 2001-2003 biennium may not exceed (($206,696,000)) $207,065,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $432.82 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2001-2003 biennium.  For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

    The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 2001, and thereafter, as established in the 2001-2003 general fund operating budget.

    (3) The department shall issue a request for information from entities interested in purchasing advertising on board Washington state ferry vessels.  The department shall evaluate the proposals and report back to the legislature's transportation committees in January 2002 regarding the potential for revenue from different types of advertising.

    (4) The department may enter into contracts with private vendors to sell ferry tickets and medium at locations other than Washington state ferry terminals or facilities.

    (a) The department may enter into the contracts only (i) with private vendors that are already established businesses offering goods for sale to the general public; and (ii) if it determines that the vendor's established location has the potential to serve a significant percentage of the customers using a particular ferry route.

    (b) The department may adopt necessary rules and procedures to allow the use of credit and debit cards to purchase ferry tickets or medium from a private vendor who has contracted with the department to sell ferry tickets or medium.  The department may establish a convenience fee to be paid by all persons purchasing ferry tickets and medium at locations other than Washington state ferry terminals or facilities.  The convenience fee must be sufficient to offset the charges imposed on the department by the credit and debit card companies.  In no event may the use of credit or debit cards authorized by this section create a loss of revenue to the state.  The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.

    (5) ((The legislature recognizes that projected revenues to the Puget Sound ferry operating account for the 2001-2003 biennium may be up to $30,000,000 less than what is required to fund the appropriation provided in this section.  The legislature intends to fully evaluate the extent of the shortfall and make a supplemental appropriation during the 2002 legislative session.))  The legislature recognizes the value of a regional fare collection system to promote intermodal travel throughout Washington state ferries' Puget Sound service area and therefore encourages the department to resume participation in the regional fare coordination project (smart card).  The department shall develop a request for funding of the on‑going operating costs associated with the regional fare coordination project and shall present this request to the 2003 legislature.  The request for funding shall be sufficient to support a system that prevents the disclosure of personally identifying information of persons who use a smart card to facilitate payment of ferry fares.  The requested system may facilitate the disclosure of aggregate information on fare collection to governmental agencies or groups concerned with public transportation or public safety as long as the data does not contain any personally identifying information.  The requested system shall not prevent the release of personally identifying information to law enforcement agencies when required by a subpoena.

    Sec. 227.  2001 2nd sp.s. c 14 s 230 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-RAIL‑-PROGRAM Y‑‑OPERATING

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((32,704,000))

33,001,000

    Sec. 228.  2001 2nd sp.s. c 14 s 231 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-RAIL‑-PROGRAM Y‑‑CAPITAL

Essential Rail Assistance Account‑-State

    Appropriation.............................. $      ((200,000))

600,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((11,610,000))

10,710,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $        9,630,000

Washington Fruit Express Account‑-State

    Appropriation.............................. $          500,000

    TOTAL APPROPRIATION........................ $   ((21,940,000))

21,440,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

(1) $2,000,000 of the multimodal transportation account‑-state appropriation is provided solely for the Grays Harbor loop project.

(2) The entire Washington fruit express account is provided solely to promote the shipment of a variety of agricultural products, including, but not limited to, apples, pears, and potatoes.

    Sec. 229.  2001 2nd sp.s. c 14 s 232 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z‑‑OPERATING

Motor Vehicle Account‑-State Appropriation..... $    ((6,231,000))

6,383,000

Motor Vehicle Account‑-Federal Appropriation... $        2,569,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $          150,000

    TOTAL APPROPRIATION........................ $    ((8,950,000))

9,102,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The motor vehicle account‑-state appropriation includes $150,000 distributed under RCW 46.68.110(2) that is provided to the Whatcom county council of governments for the sole purpose of developing and implementing a model of regional transportation governance.  This model shall be developed in accordance with Recommendation 6 of the Blue Ribbon Commission on Transportation's final report.

    The council shall develop a model that can be used in other parts of the state and shall report to the transportation committees in the senate and house of representatives on the positive and negative aspects of the model as well as costs associated with it no later than June 30, 2002.

    (2) $250,000 of the motor vehicle account‑-state appropriation is provided solely for a study of concurrency issues in urban areas marked by multiple contiguous jurisdictions.  The study, lead by the city of Bellevue, will focus on the jurisdictions of Bellevue, Kirkland, Issaquah, and Redmond and will look at existing and unused methodologies for including development in neighboring jurisdictions in concurrency calculations.  The study will also investigate what changes in state and local laws are needed in order to provide a more effective way of dealing with concurrency issues.  By November 1, 2003, a report of the findings will be made to the transportation committees of the legislature.  The appropriation in this subsection shall lapse unless the participating cities provide $100,000 for the study.  To the extent possible, state funding for this subsection shall utilize funds allocated under RCW 46.68.110(2).

    (3) Up to $500,000 of the motor vehicle account‑-state appropriation is provided solely for the study of alternatives for repairing or replacing the Seattle sea wall.  The department's expenditure of funds provided in this subsection may not exceed the matching contribution provided by the city of Seattle for the study.

    Sec. 230.  2001 2nd sp.s. c 14 s 233 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z‑‑CAPITAL

Motor Vehicle Account‑-State Appropriation..... $   ((77,371,000))

77,221,000

Highway Infrastructure Account‑-State

    Appropriation.............................. $          234,000

Highway Infrastructure Account‑-Federal

    Appropriation.............................. $        1,500,000

Urban Arterial Trust Account‑-State

    Appropriation.............................. $    ((4,674,000))

4,332,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((10,150,000))

10,300,000

    TOTAL APPROPRIATION........................ $   ((93,929,000))

93,587,000

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (((2))) (1) $10,000,000 of the multimodal transportation account‑-state appropriation is provided solely to fund the first phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river.  The department shall not expend the appropriation in this section unless agreement on ocean disposal sites has been reached which protects the state's commercial crab fishery.  The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.

    (((3))) (2) The motor vehicle account‑-state appropriation includes (($12,000,000)) $46,090,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 in addition to $16,420,000 in unexpended proceeds from the January 2001 sale.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (((4))) (3) $4,159,000 of the motor vehicle account‑-state appropriation is provided solely for additional small city pavement preservation program grants, to be administered by the department's highways and local programs division.

    (((5))) (4) $2,000,000 of the motor vehicle account‑-state appropriation is provided solely for additional traffic and pedestrian safety improvements near schools.  The highways and local programs division within the department of transportation shall administer this program.

(5) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match.  Fund transfers authorized under this subsection shall not affect project prioritization status.  Appropriations shall initially be allotted as appropriated in this act.  The department may not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management.  The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2002.

                           (End of part)

            TRANSPORTATION AGENCIES CAPITAL FACILITIES

    Sec. 301.  2001 2nd sp.s. c 14 s 301 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL

State Patrol Highway Account‑-State

    Appropriation.............................. $          780,000

Motor Vehicle Account‑-State Appropriation..... $    ((2,705,000))

1,830,000

           TOTAL APPROPRIATION................. $    ((3,485,000))

2,610,000

                           (End of part)

                    TRANSFERS AND DISTRIBUTIONS

    Sec. 401.  2001 2nd sp.s. c 14 s 401 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation...                 $........................................... ((207,900,000))

208,206,000

Ferry Bond Retirement Account Appropriation.... $   ((48,675,000))

52,473,000

Transportation Improvement Board Bond Retirement

    Account‑-State Appropriation............... $       40,856,000

Motor Vehicle Account‑-State Appropriation..... $    ((4,537,000))

4,588,000

Special Category C Account‑-State Appropriation $      ((635,000))

631,000

Transportation Improvement Account‑-State

    Appropriation.............................. $      ((473,000))

340,000

           TOTAL APPROPRIATION................. $  ((303,076,000))

307,094,000

    Sec. 402.  2001 2nd sp.s. c 14 s 402 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Motor Vehicle Account‑-State Appropriation..... $      ((450,000))

459,000

Special Category C Account Appropriation........                 $...................................... ((63,000))

41,000

Transportation Improvement Account‑-State

    Appropriation.............................. $       ((47,000))

34,000

           TOTAL APPROPRIATION................. $      ((560,000))

534,000

    Sec. 403.  2001 2nd sp.s. c 14 s 403 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-STATE REVENUES FOR DISTRIBUTION

((Motor Vehicle Account Appropriation for

motor vehicle fuel tax refunds and

distributions.................................. $    458,895,000))

Motor Vehicle Account Appropriation for

motor vehicle fuel tax distributions to

cities and counties............................ $  ((428,546,000))

428,981,000

((Motor Vehicle Account Appropriation for

license, permit, and fee distribution to

other accounts................................. $    349,936,000))

    *Sec. 404.  2001 2nd sp.s. c 14 s 406 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-TRANSFERS

    (1) RV Account‑-State Appropriation:

For transfer to the Motor Vehicle Fund‑-State...                 $........................................... ((1,135,000))

1,344,000

    The department of transportation shall only transfer funds provided under subsection (1) of this section on an as‑needed basis.

    (2) Public Transportation Systems Account‑-

State Appropriation:  For transfer to the

Multimodal Transportation Account--State........                 $...................................... 1,911,000

    (3) State Patrol Highway Account‑-State

Appropriation:  For transfer to the Motor

Vehicle Account................................ $   ((38,657,000))

48,657,000

(4) Motor Vehicle Account‑-State

Appropriation:  For motor vehicle fuel tax

refunds and transfers.......................... $ 453,279,000

(5) Motor Vehicle Account‑-State

Appropriation:  For license, permit, and

fee transfers to other accounts................ $ 350,669,000

(6) Urban Arterial Trust Account‑-State

Appropriation:  For transfer of excess City

Hardship Assistance Program revenues to

cities......................................... $ 1,500,000

(7) Highway Safety Account‑-State

Appropriation:  For transfer to the multimodal

transportation account......................... $ 20,000,000

(8) Motor Vehicle Account‑-State

Appropriation:  For transfer to the Tacoma

Narrows toll bridge account.................... $ 839,000,000

(9) Highway Safety Account‑-State

Appropriation:  For transfer to the motor

vehicle  account‑-state........................ $ $5,000,000

    ((If House Bill No. 2216 or Senate Bill No. 5078 is enacted in the form passed by the legislature, the $38,737,000 transfer from the state patrol highway account‑-state to the motor vehicle account is null and void.  If neither House Bill No. 2216 nor Senate Bill No. 5078 is enacted in the form passed by the legislature, the state treasurer shall transfer funds from the state patrol highway account to the motor vehicle account on a quarterly basis.)) (1) If Senate Bill No. 6814 is enacted in the form passed by the legislature, $16,191,000 of the transfer from the Washington state patrol account‑-state to the motor vehicle account‑-state shall lapse.  The state treasurer shall perform the transfers from the state patrol highway account to the motor vehicle account on a quarterly basis.

(2) The department of transportation is authorized to sell up to $800,000,000 in bonds authorized by RCW 47.10.843 for the Tacoma Narrows bridge project.  Proceeds from the sale of the bonds shall be deposited into the motor vehicle account.  The department of transportation shall inform the treasurer of the amount to be deposited.

*Sec. 404 was partially vetoed.  See message at end of chapter.

    Sec. 405.  2001 2nd sp.s. c 14 s 407 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSFERS

    (1) Motor Vehicle Fund--State Appropriation:

For transfer to Puget Sound Ferry Operations

Account........................................ $   ((27,000,000))

38,300,000

    (2) Advanced Right of Way Revolving Account

Appropriation:  For transfer to the Motor

Vehicle Fund........................................ $  15,000,000

                           (End of part)

         PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS

NEW SECTION. Sec. 501.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 502.  The following bills are necessary to implement this act:  Senate Bill No. 6814 in the form enacted by the legislature.

    Sec. 503.  2000 2nd sp.s. c 1 s 724 (uncodified) is amended to read as follows:

    FOR THE OFFICE OF FINANCIAL MANAGEMENT--REGIONAL TRANSIT AUTHORITY.  (1) The sum of twelve million seven hundred thousand dollars is appropriated from the general fund--state for fiscal year 2001 solely for allocation to Sound Transit regional transit authority for the King street rail maintenance facility to be built in partnership with Amtrak.  The appropriation in this subsection is conditioned on the execution of agreements between the department of transportation, Amtrak, Sound Transit, and other participating parties that will assure that the maintenance and operation of the maintenance facility will not require state funding except for billings for maintenance of state-owned passenger trains.

    (2) The sum of fifteen million dollars is appropriated from the state general fund for fiscal year 2000 solely for allocation to Sound Transit regional transit authority as a state contribution to the extension of Sounder passenger rail service to Everett.

    (3) The amounts appropriated in this section constitute a transfer of local government costs under RCW 43.135.060(2).

NEW SECTION. Sec. 504.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

                           (End of part)

INDEX           APPROXIMATE PAGE NO.

COUNTY ROAD ADMINISTRATION BOARD

CAPITAL PROGRAM................................................. 3

OPERATING PROGRAM............................................... 3

DEPARTMENT OF LICENSING

DRIVER SERVICES................................................ 14

INFORMATION SYSTEMS............................................ 11

MANAGEMENT AND SUPPORT SERVICES................................ 10

VEHICLE SERVICES............................................... 13

DEPARTMENT OF TRANSPORTATION

AVIATION--PROGRAM F............................................ 15

CHARGES FROM OTHER AGENCIES--PROGRAM U......................... 23

HIGHWAY MAINTENANCE--PROGRAM M................................. 18

HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING........ 15

IMPROVEMENTS--PROGRAM I........................................ 16

LOCAL PROGRAMS--PROGRAM Z.................................. 29, 30

MARINE--PROGRAM X.............................................. 26

PRESERVATION--PROGRAM P........................................ 19

PUBLIC TRANSPORTATION--PROGRAM V............................... 24

RAIL--PROGRAM Y................................................ 28

TRAFFIC OPERATIONS--PROGRAM Q.................................. 21

TRANSFERS...................................................... 35

TRANSPORTATION ECONOMIC PARTNERSHIPS--PROGRAM K................ 18

TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S............... 21

TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T......... 22

WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W............... 24

LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM............... 1

LEGISLATIVE TRANSPORTATION COMMITTEE............................ 5

OFFICE OF FINANCIAL MANAGEMENT

REGIONAL TRANSIT AUTHORITY..................................... 37

STATE TREASURER

BOND RETIREMENT AND INTEREST................................... 33

STATE REVENUES FOR DISTRIBUTION................................ 34

TRANSFERS...................................................... 34

TRANSPORTATION COMMISSION....................................... 8

TRANSPORTATION IMPROVEMENT BOARD

CAPITAL PROGRAM................................................. 4

OPERATING PROGRAM............................................... 4

WASHINGTON STATE PATROL........................................ 32

FIELD OPERATIONS BUREAU......................................... 8

INVESTIGATIVE SERVICES BUREAU.................................. 10

SUPPORT SERVICES BUREAU......................................... 9

    Passed the House March 14, 2002.

    Passed the Senate March 14, 2002.

Approved by the Governor April 4, 2002, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State April 4, 2002.

    Note:  Governor's explanation of partial veto is as follows:

    "I am returning herewith, without my approval as to subsections 208(4) and 208(5), pages 9-10; 216(8), pages 17-18; and 404(5), page 34, Engrossed Substitute House Bill No. 2451 entitled:

"AN ACT Relating to transportation funding and appropriations;"

Subsections 208(4) and 208(5), pages 9-10 (Washington State PatrolCSupport Services Bureau)

Subsections 4 and 5 of section 208 would have required the Washington State Patrol to contract with an independent consulting firm to develop a cost allocation system to qualify activities as "highway purposes" under Article II, Section 40 of the State Constitution B the 18^th amendment B and that such findings shall be utilized in the development of the agency's 2003-05 budget request.

No additional funds were provided to conduct this study.  In addition, the competitive selection of a consulting firm, familiarizing the contractor with agency programs, and the development of a cost allocation system would involve many agency staff members, and could not be done quickly.  It is unlikely a thoughtful product could be developed within the time frame required in the proviso.

While I have vetoed these subsections, I direct the Washington State Patrol to provide the Legislative Transportation Committee with an overview of its application of the constitutional limitations imposed on the spending of 18^th amendment funds.  This is of paramount importance in maintaining the integrity and sustainability of the Patrol's budget, given the large influx of one-time transportation funds to offset what had been omnibus appropriations.

Subsection 216(8), pages 17-18 (Department of Transportation--Improvements--Program I)

Subsection 216(8) would have prevented state investment in high-occupancy vehicle (HOV) lanes in Clark County until there are two and one-half times as many park and ride lot vehicle spaces as were in existence on January 1, 2002, or until the I-5 bridge is retrofitted to include four southbound general-purpose lanes.

The provisions outlined in this subsection would unnecessarily limit the criteria by which decisions to move forward with future HOV lanes in Clark County should be made.  The Department of Transportation (DOT) is currently conducting a pilot project in Clark County to evaluate the effectiveness of HOV lanes on Interstate 5.  I have vetoed this subsection to provide the DOT, the City of Vancouver, and the Regional Transportation Council of Clark County the opportunity to consider the results of the pilot project and other factors, such as lane usage, before the decision to continue HOV lane projects in Clark County is made.

Subsection 404(5), page 34 (For the State TreasurerCTransfers)

Subsection 404(5) would provide the State Treasurer with the authority to distribute license, permit, and fee revenues from the Motor Vehicle Account to other accounts.  The collection and distribution of these revenues, however, is already authorized in statute for the Department of Licensing and the Department of Transportation. This provision would have been in conflict with existing statutory direction.

    For these reasons, I have vetoed subsections 208(4) and 208(5), pages 9-10; 216(8), pages 17-18; and 404(5), page 34 of Engrossed Substitute House Bill No. 2451.

    With the exception of subsections 208(4) and 208(5), pages 9-10; 216(8), pages 17-18; and 404(5), page 34, Engrossed Substitute House Bill No. 2451 is approved."