BILL REQ. #: Z-0508.2
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/29/2003. Referred to Committee on Transportation.
AN ACT Relating to the creation of the local transportation grant board; amending RCW 36.78.010, 36.78.070, 36.78.110, 36.79.010, 36.79.110, 43.99M.080, 46.68.120, 46.68.124, 47.06A.010, 47.26.044, 47.26.170, 47.26.185, 47.26.260, 47.26.270, 47.26.282, 47.26.320, 47.26.325, 47.26.426, 47.26.427, 47.26.440, 47.26.506, 47.26.507, and 82.44.150; reenacting and amending RCW 43.84.092 and 82.44.180; adding a new chapter to Title 47 RCW; creating new sections; repealing RCW 36.78.030, 36.78.090, 36.78.100, 36.79.030, 36.79.040, 36.79.050, 36.79.060, 36.79.070, 36.79.080, 47.26.121, 47.26.130, 47.26.140, 47.26.150, 47.26.160, 47.26.167, 47.06A.001, 47.06A.030, 47.06A.040, 47.06A.070, and 47.06A.900; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that transportation is
of critical importance to the economic health of the state of
Washington, and to the quality of life of its citizens. Congestion on
state highways, county roads, and city streets has reached
unprecedented proportions in several parts of the state, some roads and
bridges are in poor condition and need improvement, and the revenues
that state and local governments have traditionally used to fund
projects are declining.
The legislature further finds that an integrated transportation
system is a necessity and recommends that streamlined operations and
agency efficiencies be accomplished whenever possible.
Therefore, it is the legislature's intent to create the local
transportation grant board. It is the legislature's further intent
that many of the functions and duties of the transportation improvement
board, the county road administration board, and the freight mobility
strategic investment board be consolidated into the local
transportation grant board. It is the legislature's intent that the
process for transitioning the three boards into the local
transportation grant board take advantage of the technical, electronic,
and process advancements of each board; ensure that projects, funding,
and programs currently in process are not adversely affected; and
identify and pursue innovations that may emerge through the transition
process.
NEW SECTION. Sec. 2 As used in this chapter, unless the context
indicates otherwise, "board" means the local transportation grant board
created in section 3 of this act.
NEW SECTION. Sec. 3 (1) The local transportation grant board is
created.
(2) The board is composed of fifteen members. The following
thirteen members are appointed by the governor for terms of four years,
except that six members initially are appointed for terms of two years:
(a) Two elected county officials, appointed from a list of at least
four persons nominated by the Washington state association of counties
or its successor;
(b) Two elected officials from cities and towns, appointed from a
list of at least four persons nominated jointly by the association of
Washington cities or its successor and city councils of any
jurisdiction not represented by the association of Washington cities;
(c) One member appointed as a representative of the trucking
industry from a list of two persons recommended by the Washington
trucking association or its successor;
(d) One member appointed as a representative of the railroads;
(e) Two members appointed as representatives of the ports,
appointed from a list of at least two persons nominated by the
Washington public ports association or its successor;
(f) Two engineers or planners employed by a city or town and
appointed from a list of at least four persons nominated by the
association of Washington cities;
(g) Two county engineers or planners employed by a county and
appointed from a list of at least four persons nominated by the
Washington state association of counties or its successor;
(h) One representative of the private sector who has some expertise
in transportation issues.
(3) The board must also include the following two representatives:
(a) One member representing the department of transportation; and
(b) One member appointed by the governor.
(4) In making appointments to the board, the governor shall ensure
that each geographic region of the state is represented.
(5) If a vacancy on the board occurs by death, resignation, or
otherwise, the governor shall fill the vacant position for the
unexpired term. Each vacancy in a position appointed from lists
provided by the associations under subsection (2) of this section must
be filled from a list of persons nominated by the appropriate
association or associations.
(6) The governor may not remove members from the board before the
expiration of their terms unless for cause based upon a determination
of incapacity, incompetence, neglect of duty, or malfeasance in office
by the Thurston county superior court, upon petition and show cause
proceedings brought for that purpose in that court and directed to the
board member in question.
(7) No member may be appointed for more than two consecutive four-year terms.
NEW SECTION. Sec. 4 (1) The board shall meet at least once
quarterly and upon the call of its chair. It may adopt its own rules
and may establish its own procedures. It shall act collectively in
harmony with recorded resolutions or motions adopted by the majority
vote of at least nine members.
(2) The board shall elect one of its members as the chair for a
term of two years. The chair may vote on all matters before the board.
(3) Members of the board shall receive no compensation for their
service on the board, but shall be reimbursed for travel expenses
incurred while attending meetings of the board or while engaged on
other business of the board when authorized by the board in accordance
with RCW 43.03.050 and 43.03.060.
(4) The board shall keep proper records and is subject to audit by
the state auditor.
NEW SECTION. Sec. 5 The board shall appoint an executive
director who shall serve at its pleasure and whose salary shall be set
by the board. The executive director may employ additional staff as
needed to carry out the work of the board within appropriated funds.
All costs associated with staff, together with travel expenses in
accordance with RCW 43.03.050 and 43.03.060, shall be paid as
appropriated from the transportation improvement account, rural
arterial trust account, urban arterial trust account, county arterial
preservation account, and motor vehicle account.
NEW SECTION. Sec. 6 The board shall oversee and approve funding
for improvements on state, city, and county arterials as specified by
law. The board shall also prioritize and select funding partnerships
for freight transportation projects and work to minimize the impact of
freight movement on local communities.
NEW SECTION. Sec. 7 The board shall:
(1) Adopt rules necessary to implement the board's responsibilities
relating to the allocation of funds; and
(2) Adopt reasonably uniform design standards for city and county
arterials.
Sec. 8 RCW 36.78.010 and 1965 ex.s. c 120 s 1 are each amended to
read as follows:
"Board" ((shall)) means the ((county road administration)) local
transportation grant board created ((by)) in section 3 of this
((chapter)) act.
Sec. 9 RCW 36.78.070 and 1999 c 269 s 1 are each amended to read
as follows:
The ((county road administration board)) local transportation grant
board, with support from the highways and local programs division of
the department of transportation, shall:
(1) ((Establish by rule, standards of good practice for the
administration of county roads and the efficient movement of people and
goods over county roads;))
Assist counties in developing uniform and efficient transportation-related information technology resources;
(2) Establish reporting requirements for counties with respect to
the standards of good practice adopted by the board;
(3) Receive and review reports from counties and reports from its
executive director to determine compliance with legislative directives
and the standards of good practice adopted by the board;
(4) Advise counties on issues relating to county roads and the safe
and efficient movement of people and goods over county roads and
(((5))) (2) Report annually before the fifteenth day of January,
and throughout the year as appropriate, to the state department of
transportation and to the chairs of the legislative transportation
committee and the house and senate transportation committees, and to
other entities as appropriate on the activities of the local
transportation grant board, and on the general status of county ((road
administration in each county, including one copy to the staff of each
of the committees. The annual report shall contain recommendations for
improving administration of the county road programs)) roads, city
streets, and other infrastructure essential for freight mobility, and
recommendations for improving such facilities and the programs and
services that support them;
(((6))) (3) Within one year after the effective date of this
section, submit to the governor and the legislature an assessment of
the feasibility of developing a street log for cities and towns similar
to the county road log. The feasibility assessment should include an
estimate of the additional resources necessary to accomplish the
collection, organization, and management of data, and other
requirements necessary to accomplish this task;
(4) Administer the ((rural arterial program established by chapter
36.79 RCW and the)) program funded by the county arterial preservation
account established by RCW 46.68.090((, as well as any other programs
provided for in law)).
Sec. 10 RCW 36.78.110 and 1990 c 266 s 3 are each amended to read
as follows:
All expenses incurred by the board ((including salaries of
employees shall be paid upon voucher forms provided by the office of
financial management or pursuant to a regular payroll signed by the
chairman and the executive director of the board. All expenses of the
board)) in carrying out the provisions of this chapter shall be paid
out of that portion of the motor vehicle fund allocated to the counties
and withheld for use by the department of transportation and the
((county road administration)) board under the provisions of RCW
46.68.120(1)((, as now or hereafter amended)).
Sec. 11 RCW 36.79.010 and 1997 c 81 s 1 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Rural arterial program" means improvement projects on those
county roads in rural areas classified as rural arterials and
collectors in accordance with the federal functional classification
system and the construction of replacement bridges funded by the
federal bridge replacement program on access roads in rural areas.
(2) "Rural area" means every area of the state outside of areas
designated as urban areas by the state transportation commission with
the approval of the secretary of the United States department of
transportation in accordance with federal law.
(3) "Board" means the ((county road administration)) local
transportation grant board created ((by RCW 36.78.030)) in section 3 of
this act.
Sec. 12 RCW 36.79.110 and 1988 c 167 s 7 are each amended to read
as follows:
The ((county road administration board and the transportation
improvement)) board shall ((jointly adopt rules to assure)) ensure
coordination of ((their respective)) programs especially with respect
to projects proposed by the group of incorporated cities outside the
boundaries of federally approved urban areas, and to encourage the
system development of county-city arterials in rural areas.
Sec. 13 RCW 43.84.092 and 2002 c 242 s 2, 2002 c 114 s 24, and
2002 c 56 s 402 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of retirement systems
expense account, the drinking water assistance account, the drinking
water assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the emergency reserve fund,
the federal forest revolving account, the health services account, the
public health services account, the health system capacity account, the
personal health services account, the state higher education
construction account, the higher education construction account, the
highway infrastructure account, the industrial insurance premium refund
account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the
local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account,
the mobile home park relocation fund, the multimodal transportation
account, the municipal criminal justice assistance account, the
municipal sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the Puyallup tribal settlement account, the
regional transportation investment district account, the resource
management cost account, the site closure account, the special wildlife
account, the state employees' insurance account, the state employees'
insurance reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts, the
supplemental pension account, the Tacoma Narrows toll bridge account,
the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco
prevention and control account, the tobacco settlement account, the
transportation infrastructure account, the tuition recovery trust fund,
the University of Washington bond retirement fund, the University of
Washington building account, the volunteer fire fighters' and reserve
officers' relief and pension principal fund, the volunteer fire
fighters' and reserve officers' administrative fund, the Washington
fruit express account, the Washington judicial retirement system
account, the Washington law enforcement officers' and fire fighters'
system plan 1 retirement account, the Washington law enforcement
officers' and fire fighters' system plan 2 retirement account, the
Washington school employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts. All
earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, ((the public transportation systems account,)) the
Puget Sound capital construction account, the Puget Sound ferry
operations account, the recreational vehicle account, the rural
arterial trust account, the safety and education account, the special
category C account, the state patrol highway account, the
transportation equipment fund, the transportation fund, the
transportation improvement account, the local transportation
((improvement)) grant board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 14 RCW 43.99M.080 and 1997 c 456 s 37 are each amended to
read as follows:
The local transportation ((improvement)) grant board bond
retirement account is created in the state treasury. This account
shall be exclusively devoted to the payment of principal and interest
on and retirement of the bonds authorized by the legislature.
Sec. 15 RCW 46.68.120 and 1991 sp.s. c 15 s 47 are each amended
to read as follows:
Funds to be paid to the counties of the state shall be subject to
deduction and distribution as follows:
(1) One and one-half percent of such funds shall be deducted
monthly as such funds accrue and set aside for the use of the
((department of transportation and the county road administration))
local transportation grant board for the administrative costs of the
board, and for the department of transportation for the supervision of
work and expenditures of such counties on the county roads thereof,
including the supervision and administration of federal-aid programs
for which the department of transportation has responsibility:
PROVIDED, That any funds so retained and not expended shall be credited
in the succeeding biennium to the counties in proportion to deductions
herein made;
(2) All sums required to be repaid to counties composed entirely of
islands shall be deducted;
(3) Thirty-three one-hundredths of one percent of such funds shall
be deducted monthly, as such funds accrue, and set aside for the use of
the department of transportation for the purpose of funding the
counties' share of the costs of highway jurisdiction studies and other
studies. Any funds so retained and not expended shall be credited in
the succeeding biennium to the counties in proportion to the deductions
made;
(4) The balance of such funds remaining to the credit of counties
after such deductions shall be paid to the several counties monthly, as
such funds accrue, in accordance with RCW 46.68.122 and 46.68.124.
Sec. 16 RCW 46.68.124 and 2001 c 212 s 28 are each amended to
read as follows:
(1) The equivalent population for each county shall be computed as
the sum of the population residing in the county's unincorporated area
plus twenty-five percent of the population residing in the county's
incorporated area. Population figures required for the computations in
this subsection shall be certified by the director of the office of
financial management on or before July 1st of each odd-numbered year.
(2) The total annual road cost for each county shall be computed as
the sum of one twenty-fifth of the total estimated county road
replacement cost, plus the total estimated annual maintenance cost.
Appropriate costs for bridges and ferries shall be included. The
((county road administration)) local transportation grant board shall
be responsible for establishing a uniform system of roadway categories
for both maintenance and construction and also for establishing a
single statewide cost per mile rate for each roadway category. The
total annual cost for each county will be based on the established
statewide cost per mile and associated mileage for each category. The
mileage to be used for these computations shall be as shown in the
county road log as maintained by the ((county road administration))
local transportation grant board as of July 1, 1985, and each two years
thereafter. Each county shall be responsible for submitting changes,
corrections, and deletions as regards the county road log to the
((county road administration)) local transportation grant board. Such
changes, corrections, and deletions shall be subject to verification
and approval by the ((county road administration)) local transportation
grant board prior to inclusion in the county road log.
(3) The money need factor for each county shall be the county's
total annual road cost less the following four amounts:
(a) One-half the sum of the actual county road tax levied upon the
valuation of all taxable property within the county road districts
pursuant to RCW 36.82.040, including any amount of such tax diverted
under chapter 39.89 RCW, for the two calendar years next preceding the
year of computation of the allocation amounts as certified by the
department of revenue;
(b) One-half the sum of all funds received by the county road fund
from the federal forest reserve fund pursuant to RCW 28A.520.010 and
28A.520.020 during the two calendar years next preceding the year of
computation of the allocation amounts as certified by the state
treasurer;
(c) One-half the sum of timber excise taxes received by the county
road fund pursuant to chapter 84.33 RCW in the two calendar years next
preceding the year of computation of the allocation amounts as
certified by the state treasurer;
(d) One-half the sum of motor vehicle license fees and motor
vehicle and special fuel taxes refunded to the county, pursuant to RCW
46.68.080 during the two calendar years next preceding the year of
computation of the allocation amounts as certified by the state
treasurer.
(4) The state treasurer and the department of revenue shall furnish
to the ((county road administration)) local transportation grant board
the information required by subsection (3) of this section on or before
July 1st of each odd-numbered year.
(5) The ((county road administration)) local transportation grant
board, shall compute and provide to the counties the allocation factors
of the several counties on or before September 1st of each year based
solely upon the sources of information herein before required:
PROVIDED, That the allocation factor shall be held to a level not more
than five percent above or five percent below the allocation factor in
use during the previous calendar year. Upon computation of the actual
allocation factors of the several counties, the ((county road
administration)) local transportation grant board shall provide such
factors to the state treasurer to be used in the computation of the
counties' fuel tax allocation for the succeeding calendar year. The
state treasurer shall adjust the fuel tax allocation of each county on
January 1st of every year based solely upon the information provided by
the ((county road administration)) local transportation grant board.
Sec. 17 RCW 47.06A.010 and 1998 c 175 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the ((freight mobility strategic investment))
local transportation grant board created in ((RCW 47.06A.030)) section
3 of this act.
(2) "Department" means the department of transportation.
(3) "Freight mobility" means the safe, reliable, and efficient
movement of goods within and through the state to ensure the state's
economic vitality.
(4) "Local governments" means cities, towns, counties, special
purpose districts, port districts, and any other municipal corporations
or quasi-municipal corporations in the state excluding school
districts.
(5) "Public entity" means a state agency, city, town, county, port
district, or municipal or regional planning organization.
(6) "Strategic freight corridor" means a transportation corridor of
great economic importance within an integrated freight system that:
(a) Serves international and domestic interstate and intrastate
trade;
(b) Enhances the state's competitive position through regional and
global gateways;
(c) Carries freight tonnages of at least:
(i) Four million gross tons annually on state highways, city
streets, and county roads;
(ii) Five million gross tons annually on railroads; or
(iii) Two and one-half million net tons on waterways; and
(d) Has been designated a strategic corridor by the board under RCW
47.06A.020(3). However, new alignments to, realignments of, and new
links to strategic corridors that enhance freight movement may qualify,
even though no tonnage data exists for facilities to be built in the
future.
Sec. 18 RCW 47.26.044 and 1994 c 179 s 6 are each amended to read
as follows:
((The term)) "Board" as used in this chapter means the local
transportation ((improvement)) grant board.
Sec. 19 RCW 47.26.170 and 1994 c 179 s 16 are each amended to
read as follows:
Each county having within its boundaries an urban area and cities
and towns shall prepare and submit to the ((transportation
improvement)) board arterial inventory data required to determine the
long-range arterial construction needs. The counties, cities, and
towns shall revise the arterial inventory data every four years to show
the current arterial construction needs through the advanced planning
period, and as revised shall submit them to the ((transportation
improvement)) board during the first week of January every four years
beginning in 1996. The inventory data shall be prepared pursuant to
guidelines established by the ((transportation improvement)) board. As
information is updated, it shall be made available to the ((commission
and the legislative)) transportation committees of the house of
representatives and the senate.
Sec. 20 RCW 47.26.185 and 1994 c 179 s 17 are each amended to
read as follows:
The ((transportation improvement)) board may adopt rules
establishing qualifications for cities and counties administering and
supervising the design and construction of projects financed in part
from funds administered by the board. The rules establishing
qualification shall take into account the resources and population of
the city or county, its permanent engineering staff, its design and
construction supervision experience, and other factors the board deems
appropriate. Any city or county failing to meet the qualifications
established by the board for administering and supervising a project
shall contract with a qualified city or county or the department for
the administration and supervision of the design and construction of
any approved project as a condition for receiving funds for the
project.
Sec. 21 RCW 47.26.260 and 1994 c 179 s 19 are each amended to
read as follows:
The ((transportation improvement)) board shall adopt rules
providing for the approval of payments of funds in the accounts to a
county, city, town, or transportation benefit district for costs of
predesign, design, engineering, and costs of construction of an
approved project from time to time as work progresses. These payments
shall at no time exceed the account share of the costs incurred to the
date of the voucher covering such payment.
Sec. 22 RCW 47.26.270 and 1994 c 179 s 20 are each amended to
read as follows:
Counties, cities, towns, and transportation benefit districts
receiving funds from the board shall provide such matching funds as
established by rules adopted by the ((transportation improvement))
board. When determining matching requirements, the board shall
consider (1) financial resources available to counties and cities to
meet arterial needs, (2) the amounts and percentages of funds available
for road or street construction traditionally expended by counties and
cities on arterials, (3) in the case of counties, the relative needs of
arterials lying outside urban areas, and (4) the requirements necessary
to avoid diversion of funds traditionally expended for arterial
construction to other street or road purposes or to nonhighway
purposes.
Sec. 23 RCW 47.26.282 and 2002 c 189 s 5 are each amended 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.
Sec. 24 RCW 47.26.320 and 2001 c 201 s 1 are each amended to read
as follows:
The term "advance right-of-way acquisition" as used in this chapter
means the acquisition of property and property rights, together with
the engineering costs necessary for the advance right-of-way
acquisition. Property or property rights purchased must be for
projects approved by the ((transportation improvement)) board ((or the
county road administration board)) as part of a city or county six-year
plan or program.
Sec. 25 RCW 47.26.325 and 2001 c 201 s 2 are each amended to read
as follows:
The city and county advance right-of-way revolving fund is created
in the custody of the treasurer. The ((transportation improvement))
board is the administrator of the fund and may deposit directly and
spend without appropriation.
The ((transportation improvement)) board ((and the county road
administration board)), in consultation with the association of
Washington cities and the Washington association of counties, shall
adopt reasonable rules and develop policies to implement this program.
Sec. 26 RCW 47.26.426 and 1999 c 268 s 1 are each amended to read
as follows:
At least one year ((prior to)) before the date any interest is due
and payable on such first authorization bonds, series II bonds, and
series III bonds or before the maturity date of any such bonds, the
state finance committee shall estimate, subject to the provisions of
RCW 47.26.425, 47.26.4252, and 47.26.4254 the percentage of the
receipts in money of the motor vehicle fund, resulting from collection
of excise taxes on motor vehicle and special fuels, for each month of
the year which shall be required to meet interest or bond payments
hereunder when due, and shall notify the state treasurer of such
estimated requirement. The state treasurer, subject to RCW 47.26.425,
47.26.4252, and 47.26.4254, shall thereafter from time to time each
month as such funds are paid into the motor vehicle fund, transfer such
percentage of the monthly receipts from excise taxes on motor vehicle
and special fuels of the motor vehicle fund to the local transportation
((improvement)) grant board bond retirement account, maintained in the
office of the state treasurer, which fund shall be available for
payment of interest or bonds when due. If in any month it shall appear
that the estimated percentage of money so made is insufficient to meet
the requirements for interest or bond retirement, the treasurer shall
notify the state finance committee forthwith and such committee shall
adjust its estimates so that all requirements for interest and
principal of all bonds issued shall be fully met at all times.
Sec. 27 RCW 47.26.427 and 1999 c 268 s 2 are each amended to read
as follows:
Whenever the percentage of the motor vehicle fund arising from
excise taxes on motor vehicle and special fuels payable into the local
transportation ((improvement)) grant board bond retirement account,
shall prove more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may, in the
discretion of the state finance committee, be available for the prior
redemption of any bonds or remain available in the ((fund [account]))
account to reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment period.
Sec. 28 RCW 47.26.440 and 1994 c 179 s 25 are each amended to
read as follows:
Not later than November 1st of each even-numbered year the
((transportation improvement)) board shall prepare and present to the
commission for comment and recommendation an adopted budget for
expenditures from funds administered by the board during the ensuing
biennium. The budget shall contain an estimate of the revenues to be
credited to the several accounts and the amount, if any, of bond
proceeds which the board determines should be made available through
the sale of bonds in the ensuing biennium.
Sec. 29 RCW 47.26.506 and 1997 c 456 s 24 are each amended to
read as follows:
At least one year prior to the date any interest is due and payable
on such bonds or before the maturity date of any such bonds, the state
finance committee shall estimate, subject to the provisions of RCW
47.26.505 the percentage of the receipts in money of the motor vehicle
fund, resulting from collection of excise taxes on motor vehicle and
special fuels, for each month of the year which shall be required to
meet interest or bond payments under RCW 47.26.500 through 47.26.507
when due, and shall notify the state treasurer of such estimated
requirement. The state treasurer, subject to RCW 47.26.505, shall
thereafter from time to time each month as such funds are paid into the
motor vehicle fund, transfer such percentage of the monthly receipts
from excise taxes on motor vehicle and special fuels of the motor
vehicle fund to the local transportation ((improvement)) grant board
bond retirement account, maintained in the office of the state
treasurer, which account shall be available for payment of principal
and interest or bonds when due. If in any month it shall appear that
the estimated percentage of money so made is insufficient to meet the
requirements for interest or bond retirement, the treasurer shall
notify the state finance committee forthwith and such committee shall
adjust its estimates so that all requirements for interest and
principal of all bonds issued shall be fully met at all times.
Sec. 30 RCW 47.26.507 and 1999 c 268 s 3 are each amended to read
as follows:
Whenever the percentage of the motor vehicle fund arising from
excise taxes on motor vehicle and special fuels payable into the local
transportation ((improvement)) grant board bond retirement account,
shall prove more than is required for the payment of interest on bonds
when due, or current retirement of bonds, any excess may, in the
discretion of the state finance committee, be available for the prior
redemption of any bonds or remain available in the ((fund [account]))
account to reduce the requirements upon the fuel excise tax portion of
the motor vehicle fund at the next interest or bond payment period.
Sec. 31 RCW 82.44.150 and 1999 c 94 s 30 are each amended to read
as follows:
(1) The director of licensing shall, on the twenty-fifth day of
February, May, August, and November of each year, advise the state
treasurer of the total amount of motor vehicle excise taxes imposed by
RCW 82.44.020(1) remitted to the department during the preceding
calendar quarter ending on the last day of March, June, September, and
December, respectively, except for those payable under RCW 82.44.030,
from motor vehicle owners residing within each municipality which has
levied a tax under RCW 35.58.273, which amount of excise taxes shall be
determined by the director as follows:
The total amount of motor vehicle excise taxes remitted to the
department, except those payable under RCW 82.44.020(2) and 82.44.030,
from each county shall be multiplied by a fraction, the numerator of
which is the population of the municipality residing in such county,
and the denominator of which is the total population of the county in
which such municipality or portion thereof is located. The product of
this computation shall be the amount of excise taxes from motor vehicle
owners residing within such municipality or portion thereof. Where the
municipality levying a tax under RCW 35.58.273 is located in more than
one county, the above computation shall be made by county, and the
combined products shall provide the total amount of motor vehicle
excise taxes from motor vehicle owners residing in the municipality as
a whole. Population figures required for these computations shall be
supplied to the director by the office of financial management, who
shall adjust the fraction annually.
(2) On the first day of the months of January, April, July, and
October of each year, the state treasurer based upon information
provided by the department shall, from motor vehicle excise taxes
deposited in the transportation fund under RCW 82.44.110, ((make the
following deposits:)) deposit to the high capacity transportation account created
in RCW 47.78.010, a sum equal to four and five-tenths percent of the
special excise tax levied under RCW 35.58.273 by those municipalities
authorized to levy a special excise tax within each county that has a
population of one hundred seventy-five thousand or more and has an
interstate highway within its borders; except that in a case of a
municipality located in a county that has a population of one hundred
seventy-five thousand or more that does not have an interstate highway
located within its borders, that sum shall be deposited in the
passenger ferry account((
(a);)).
(b) To the public transportation systems account created in RCW
82.44.180, for revenues distributed after June 30, 1999, within a
county with a population of one million or more and a county with a
population of from two hundred thousand to less than one million
bordering a county with a population of one million or more with which
it shares a border of more than five miles, a sum equal to 6.8688
percent of the special excise tax distributed under RCW 35.58.273; and
(c) To the public transportation systems account created in RCW
82.44.180, for revenues distributed after June 30, 1999, within
counties not described in (b) of this subsection, a sum equal to 1.0534
percent of the special excise tax levied and collected under RCW
35.58.273
(3) On the first day of the months of January, April, July, and
October of each year, the state treasurer, based upon information
provided by the department, shall remit motor vehicle excise tax
revenues imposed and collected under RCW 35.58.273 as follows:
(a) The amount required to be remitted by the state treasurer to
the treasurer of any municipality levying the tax shall not exceed in
any calendar year the amount of locally-generated tax revenues,
excluding (i) the excise tax imposed under RCW 35.58.273 for the
purposes of this section, which shall have been budgeted by the
municipality to be collected in such calendar year for any public
transportation purposes including but not limited to operating costs,
capital costs, and debt service on general obligation or revenue bonds
issued for these purposes; and (ii) the sales and use tax equalization
distributions provided under RCW 82.14.046; and
(b) In no event may the amount remitted in a single calendar
quarter exceed the amount collected on behalf of the municipality under
RCW 35.58.273 during the calendar quarter next preceding the
immediately preceding quarter, excluding the sales and use tax
equalization distributions provided under RCW 82.14.046.
(4) At the close of each calendar year accounting period, but not
later than April 1, each municipality that has received motor vehicle
excise taxes under subsection (3) of this section shall transmit to the
director of licensing and the state auditor a written report showing by
source the previous year's budgeted tax revenues for public
transportation purposes as compared to actual collections. Any
municipality that has not submitted the report by April 1 shall cease
to be eligible to receive motor vehicle excise taxes under subsection
(3) of this section until the report is received by the director of
licensing. If a municipality has received more or less money under
subsection (3) of this section for the period covered by the report
than it is entitled to receive by reason of its locally-generated
collected tax revenues, the director of licensing shall, during the
next ensuing quarter that the municipality is eligible to receive motor
vehicle excise tax funds, increase or decrease the amount to be
remitted in an amount equal to the difference between the locally-generated budgeted tax revenues and the locally-generated collected tax
revenues. In no event may the amount remitted for a calendar year
exceed the amount collected on behalf of the municipality under RCW
35.58.273 during that same calendar year excluding the sales and use
tax equalization distributions provided under RCW 82.14.046. At the
time of the next fiscal audit of each municipality, the state auditor
shall verify the accuracy of the report submitted and notify the
director of licensing of any discrepancies.
(5) The motor vehicle excise taxes imposed under RCW 35.58.273 and
required to be remitted under this section and RCW 82.14.046 shall be
remitted without legislative appropriation.
(6) Any municipality levying and collecting a tax under RCW
35.58.273 which does not have an operating, public transit system or a
contract for public transportation services in effect within one year
from the initial effective date of the tax shall return to the state
treasurer all motor vehicle excise taxes received under subsection (3)
of this section.
Sec. 32 RCW 82.44.180 and 1999 c 402 s 5 and 1999 c 94 s 31 are
each reenacted and amended to read as follows:
(((1))) The transportation fund is created in the state treasury.
Revenues under RCW 82.44.110 and 82.50.510 shall be deposited into the
fund as provided in those sections.
Moneys in the fund may be spent only after appropriation.
Expenditures from the fund may be used only for transportation purposes
and activities and operations of the Washington state patrol not
directly related to the policing of public highways and that are not
authorized under Article II, section 40 of the state Constitution.
(((2) There is hereby created the public transportation systems
account within the transportation fund. Moneys deposited into the
account under RCW 82.44.150(2) (b) and (c) shall be appropriated to the
transportation improvement board and allocated by the transportation
improvement board to public transportation projects submitted by the
public transportation systems as defined by chapters 36.56, 36.57, and
36.57A RCW and RCW 35.84.060 and 81.112.030, and the Washington state
ferry system, solely for:))
(a) Planning;
(b) Development of capital projects;
(c) Development of high capacity transportation systems as defined
in RCW 81.104.015;
(d) Development of high occupancy vehicle lanes and related
facilities as defined in RCW 81.100.020;
(e) Other public transportation system-related roadway projects on
state highways, county roads, or city streets;
(f) Public transportation system contributions required to fund
projects under federal programs and those approved by the
transportation improvement board from other fund sources; and
(g) Reimbursement to the general fund of tax credits authorized
under RCW 82.04.4453 and 82.16.048, subject to appropriation.
NEW SECTION. Sec. 33 The executive directors of the
transportation improvement board, the freight mobility strategic
investment board, and the county road administration board; the chairs
of the transportation improvement board, the county road administration
board, and the freight mobility strategic investment board; or their
designees, shall develop an interim plan and time schedule to implement
the provisions of this act. The plan shall include steps to ensure
that the new local transportation grant board takes advantage of the
technical, electronic, and process advancements of each board; ensures
that projects, funding, and programs currently in process are not
adversely affected through the transition; identifies and pursues
innovations that may emerge through the transition process; and uses
other items essential to the transition process.
NEW SECTION. Sec. 34 On or before July 1, 2004, the local
transportation grant board shall submit a report to the legislature and
governor on issues related to the consolidation under this act,
including any recommendations regarding implementation of this act.
NEW SECTION. Sec. 35 The following acts or parts of acts are
each repealed:
(1) RCW 36.78.030 (Board created -- Number -- Appointment -- Terms--Vacancies) and 1971 ex.s. c 85 s 5 & 1965 ex.s. c 120 s 3;
(2) RCW 36.78.090 (Certificates of good practice -- Withholding of
motor vehicle tax distribution) and 1984 c 7 s 33, 1977 ex.s. c 257 s
1, & 1965 ex.s. c 120 s 9;
(3) RCW 36.78.100 (Conditional certificates) and 1977 ex.s. c 257
s 2 & 1965 ex.s. c 120 s 10;
(4) RCW 36.79.030 (Apportionment of rural arterial trust account
funds -- Regions established) and 1983 1st ex.s. c 49 s 3;
(5) RCW 36.79.040 (Apportionment of rural arterial trust account
funds -- Apportionment formula) and 1997 c 81 s 3 & 1983 1st ex.s. c 49
s 4;
(6) RCW 36.79.050 (Apportionment of rural arterial trust account
funds -- Establishment of apportionment percentages) and 1997 c 81 s 4,
1988 c 26 s 3, & 1983 1st ex.s. c 49 s 5;
(7) RCW 36.79.060 (Powers and duties of board) and 1998 c 245 s 31,
1997 c 81 s 5, 1988 c 26 s 4, & 1983 1st ex.s. c 49 s 6;
(8) RCW 36.79.070 (Board may contract with department of
transportation for staff services and facilities) and 1983 1st ex.s. c
49 s 7;
(9) RCW 36.79.080 (Six-year program for rural arterial
improvements -- Selection of priority improvement projects) and 1983 1st
ex.s. c 49 s 8;
(10) RCW 47.26.121 (Transportation improvement board -- Membership--Chair -- Expenses) and 1996 c 49 s 1, 1995 c 269 s 2603, 1994 c 179 s 13,
& 1993 c 172 s 1;
(11) RCW 47.26.130 (Transportation improvement board -- Travel
expenses) and 1988 c 167 s 15, 1975-'76 2nd ex.s. c 34 s 139, 1975 1st
ex.s. c 1 s 2, 1969 ex.s. c 171 s 2, & 1967 ex.s. c 83 s 19;
(12) RCW 47.26.140 (Transportation improvement board -- Executive
director, staff -- Finances) and 1999 c 94 s 19, 1996 c 49 s 2, 1995 c
269 s 2605, 1994 c 179 s 14, 1988 c 167 s 16, 1977 ex.s. c 151 s 58,
1975-'76 2nd ex.s. c 34 s 140, 1969 ex.s. c 171 s 3, & 1967 ex.s. c 83
s 20;
(13) RCW 47.26.150 (Transportation improvement board -- Meetings) and
1988 c 167 s 17;
(14) RCW 47.26.160 (Transportation improvement board -- Powers and
duties) and 1995 c 269 s 2607, 1994 c 179 s 15, 1988 c 167 s 18, 1987
c 505 s 51, 1984 c 7 s 155, 1977 ex.s. c 235 s 17, 1971 ex.s. c 291 s
1, & 1967 ex.s. c 83 s 22;
(15) RCW 47.26.167 (Jurisdictional transfers) and 1991 c 342 s 62;
(16) RCW 47.06A.001 (Findings) and 1998 c 175 s 1;
(17) RCW 47.06A.030 (Board -- Creation -- Membership) and 1999 c 216 s
2 & 1998 c 175 s 4;
(18) RCW 47.06A.040 (Board -- Administration and staffing) and 1999
c 216 s 3 & 1998 c 175 s 5;
(19) RCW 47.06A.070 (Records) and 1998 c 175 s 8; and
(20) RCW 47.06A.900 (Severability -- 1998 c 175) and 1998 c 175 s 15.
NEW SECTION. Sec. 36 Sections 1 through 7 of this act constitute
a new chapter in Title 47 RCW.
NEW SECTION. Sec. 37 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
July 1, 2003, except for sections 1 through 7 and 33 of this act which
take effect immediately.