BILL REQ. #: S-2254.2
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/10/03.
AN ACT Relating to the roles and responsibilities of transportation agencies; amending RCW 47.01.041, 47.01.071, 47.01.260, 47.01.081, 47.80.030, 47.80.060, 47.80.070, 47.05.030, 43.88.020, 43.88.030, 43.88.122, and 43.88.150; reenacting and amending RCW 47.01.101; adding a new section to chapter 47.06 RCW; adding new sections to chapter 43.88 RCW; creating new sections; repealing RCW 47.08.010, 44.40.070, and 44.40.080; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each
amended to read as follows:
The executive head of the department of transportation shall be the
secretary of transportation, who shall be appointed by the
transportation commission, and shall be paid a salary to be fixed by
the governor in accordance with the provisions of RCW 43.03.040. The
secretary shall be an ex officio member of the commission without a
vote. The secretary shall be the chief executive officer of the
commission and be responsible to it, and shall be guided by policies
established by it. The secretary shall serve ((until)) at the pleasure
of the commission and may be removed by the commission((, but only for
incapacity, incompetence, neglect of duty, malfeasance in office, or
failure to carry out the commission's policies)). Before a motion for
dismissal shall be acted on by the commission, the secretary shall be
granted a hearing on formal written charges before the full commission.
An action by the commission to remove the secretary shall be final.
Sec. 2 RCW 47.01.071 and 1981 c 59 s 2 are each amended to read
as follows:
The transportation commission shall have the following functions,
powers, and duties:
(1) To propose policies to be adopted by the legislature designed
to assure the development and maintenance of a comprehensive and
balanced statewide transportation system which will meet the needs of
the people of this state for safe and efficient transportation
services. Wherever appropriate the policies shall provide for the use
of integrated, intermodal transportation systems to implement the
social, economic, and environmental policies, goals, and objectives of
the people of the state, and especially to conserve nonrenewable
natural resources including land and energy. To this end the
commission shall:
(a) Develop transportation policies which are based on the
policies, goals, and objectives expressed and inherent in existing
state laws, including direction by the legislature as expressed in the
omnibus transportation budgets;
(b) Inventory the adopted policies, goals, and objectives of the
local and area-wide governmental bodies of the state and define the
role of the state, regional, and local governments in determining
transportation policies, in transportation planning, and in
implementing the state transportation plan;
(c) Propose a transportation policy for the state((, and after
notice and public hearings, submit the proposal to the legislative
transportation committee and the senate and house transportation
committees by January 1, 1978, for consideration in the next
legislative session)) to be adopted by the legislature;
(d) Establish a procedure for review and revision of the state
transportation policy and for submission of proposed changes to the
legislature;
(e) To integrate the statewide transportation plan with the needs
of the elderly and handicapped, and to coordinate federal and state
programs directed at assisting local governments to answer such needs;
(2) To establish the policy of the department to be followed by the
secretary on each of the following items:
(a) To provide for the effective coordination of state
transportation planning with national transportation policy, state and
local land use policies, and local and regional transportation plans
and programs;
(b) To provide for public involvement in transportation designed to
elicit the public's views both with respect to adequate transportation
services and appropriate means of minimizing adverse social, economic,
environmental, and energy impact of transportation programs;
(c) To provide for the administration of grants in aid and other
financial assistance to counties and municipal corporations for
transportation purposes;
(d) To provide for the management, sale, and lease of property or
property rights owned by the department which are not required for
transportation purposes;
(3)(a) To direct the secretary to ((prepare and submit to the
commission a comprehensive and balanced statewide transportation plan
which shall be based on the transportation policy adopted by the
legislature and applicable state and federal laws. After public notice
and hearings, the commission shall adopt the plan and submit it to the
legislative transportation committee and to the house and senate
standing committees on transportation before January 1, 1980, for
consideration in the 1980 regular legislative session)) provide to the
commission technical research, studies, and a needs analysis for
preparation of the statewide transportation plan.
(b) The plan shall be reviewed and revised prior to each regular
session of the legislature during an even-numbered year ((thereafter.
A preliminary plan shall be submitted to such committees by January 1,
1979)) for adoption by the legislature under section 3 of this act.
(c) The plan, including any revisions, shall take into account the
state transportation policy adopted by the legislature, including
direction by the legislature as expressed in the omnibus transportation
budgets, and federal law and regulations relating to the planning,
construction, and operation of transportation facilities;
(4) To propose to the governor and the legislature prior to the
convening of each regular session held in an odd-numbered year a
recommended budget for the operations of the commission as required by
RCW 47.01.061;
(5) To approve and propose to the governor and to the legislature
prior to the convening of each regular session during an odd-numbered
year a recommended budget for the operation of the department and for
carrying out the program of the department for the ensuing biennium.
The proposed budget shall separately state the appropriations to be
made from the motor vehicle fund for highway purposes in accordance
with constitutional limitations and appropriations and expenditures to
be made from the general fund, or accounts thereof, and other available
sources for other operations and programs of the department;
(6) To review and authorize all departmental requests for
legislation;
(7) To approve the issuance and sale of all bonds authorized by the
legislature for capital construction of state highways, toll
facilities, Columbia Basin county roads (for which reimbursement to the
motor vehicle fund has been provided), urban arterial projects, and
aviation facilities;
(8) To adopt such rules, regulations, and policy directives as may
be necessary to carry out reasonably and properly those functions
expressly vested in the commission by statute;
(9) To delegate any of its powers to the secretary of
transportation whenever it deems it desirable for the efficient
administration of the department and consistent with the purposes of
this title;
(10) Beginning January 1, 2004, to review the statewide
transportation improvement program that is developed and submitted by
the state for federal transportation planning purposes. The commission
shall make recommendations regarding the plan and shall ensure that the
commission's recommendations are consistent with the policies stated in
the statewide transportation plan as adopted by the legislature;
(11) Beginning January 1, 2004, to review metropolitan
transportation improvement programs that are approved by the governor
for federal transportation planning purposes. The commission shall
make recommendations regarding the metropolitan transportation
improvement program before approval by the governor, and shall ensure
that the commission's recommendations are consistent with the policies
stated in the statewide transportation plan as adopted by the
legislature; and
(12) To exercise such other specific powers and duties as may be
vested in the transportation commission by this or any other provision
of law.
NEW SECTION. Sec. 3 A new section is added to chapter 47.06 RCW
to read as follows:
The legislature shall adopt the statewide transportation plan under
RCW 47.01.071(3), including any revisions to the plan, in order to
ensure that it clearly enumerates the state transportation policy.
NEW SECTION. Sec. 4 (1) The legislative transportation committee
and the transportation commission shall establish a joint work group to
develop a work plan for the 2003 legislative interim for the purpose of
recommending revisions to the statewide transportation plan under RCW
47.01.071. The work group shall at a minimum develop recommendations
that:
(a) Propose changes to chapter 47.06 RCW, regarding statewide
transportation planning;
(b) Propose changes to chapter 47.05 RCW, regarding priority
programming for highway development;
(c) Improve the needs analysis process in RCW 47.05.030;
(d) Integrate the needs analysis process in RCW 47.05.030 and the
benchmark measures of RCW 47.01.012 (section 101, chapter 5, Laws of
2002); and
(e) Develop guidelines for regional transportation planning
organizations to incorporate state policies into long-range
transportation plans.
(2) The work group shall submit its recommendations under this
section to the legislature and the governor by December 1, 2003.
Sec. 5 RCW 47.01.260 and 1983 c 29 s 1 are each amended to read
as follows:
(1) The department of transportation, under the direction of the
commission pursuant to legislative direction, shall exercise all the
powers and perform all the duties necessary, convenient, or incidental
to the planning, locating, designing, constructing, improving,
repairing, operating, and maintaining state highways, including bridges
and other structures, culverts, and drainage facilities and channel
changes necessary for the protection of state highways, and shall
examine and allow or disallow bills for any work or services performed
or materials, equipment, or supplies furnished.
(2) Subject to the limitations of RCW 4.24.115, the department, in
the exercise of any of its powers, may include in any authorized
contract a provision for indemnifying the other contracting party
against specific loss or damages arising out of the performance of the
contract.
(3) The department is authorized to acquire property as provided by
law and to construct and maintain thereon any buildings or structures
necessary or convenient for the planning, design, construction,
operation, maintenance, and administration of the state highway system
and to acquire property and to construct and maintain any buildings,
structures, appurtenances, and facilities necessary or convenient to
the health and safety and for the accommodation of persons traveling
upon state highways.
(4) The department is authorized to engage in planning surveys and
may collect, compile, and analyze statistics and other data relative to
existing and future highways and highway needs throughout the state,
and shall conduct research, investigations, and testing as it deems
necessary to improve the methods of construction and maintenance of
highways and bridges.
(5) The department's authority under this section is subject to the
policies adopted by the legislature in the statewide transportation
plan and transportation budgets, and the transportation commission's
direction provided under RCW 47.01.071.
NEW SECTION. Sec. 6 The legislative transportation committee
shall establish a joint work group with the transportation commission
and a representative of the office of financial management to develop
a revised budgeting format for the omnibus transportation budgets
adopted by the legislature. The revised format should help improve
understanding and communication of legislative policies and priorities,
as reflected in the budget document. The work group shall submit its
recommendations to the legislative transportation committee by December
1, 2003.
NEW SECTION. Sec. 7 The legislative transportation committee and
the transportation commission shall establish a joint work group to
define and designate highways of statewide significance under RCW
47.06.140. The work group shall consider the minimum criteria for
designation of highways of statewide significance as provided under RCW
47.05.021(3). The work group shall submit its recommendations to the
legislature by December 1, 2003.
Sec. 8 RCW 47.01.081 and 1984 c 48 s 1 are each amended to read
as follows:
(1) Initially the department shall be organized into divisions,
including the division of highways, the division of public
transportation, the division of aeronautics, the division of marine
transportation, and the division of transportation planning and budget.
(2) The secretary may reorganize divisions in order to attain the
maximum possible efficiency in the operation of the department. Each
division shall be headed by an assistant secretary to be appointed by
the secretary. The secretary may also appoint a deputy secretary as
may be needed for the performance of the duties and functions vested in
the department and may also appoint up to twelve ferry system
management positions as defined in RCW 47.64.011. The secretary may
delegate to officers within the several divisions of the department
authority to employ personnel necessary to discharge the
responsibilities of the department.
(3) The officers appointed under this section shall be exempt from
the provisions of the state civil service law and shall be paid
salaries to be fixed by the governor in accordance with the procedure
established by law for the fixing of salaries for officers exempt from
the operation of the state civil service law.
(4) The authority under this section regarding the organization of
the department is subject to oversight by the transportation
commission.
Sec. 9 RCW 47.01.101 and 1987 c 505 s 48 and 1987 c 179 s 1 are
each reenacted and amended to read as follows:
The secretary shall have the authority and it shall be his or her
duty, subject to policy guidance from the commission:
(1) To serve as chief executive officer of the department with full
administrative authority to direct all its activities;
(2) To organize the department as he or she may deem necessary to
carry out the work and responsibilities of the department effectively.
The authority under this section regarding the organization of the
department is subject to oversight by the transportation commission;
(3) To designate and establish such transportation district or
branch offices as may be necessary or convenient, and to appoint
assistants and delegate any powers, duties, and functions to them or
any officer or employee of the department as deemed necessary to
administer the department efficiently;
(4) To direct and coordinate the programs of the various divisions
of the department to assure that they achieve the greatest possible
mutual benefit, produce a balanced overall effort, and eliminate
unnecessary duplication of activity;
(5) To adopt all department rules that are subject to the adoption
procedures contained in the state administrative procedure act, except
rules subject to adoption by the commission pursuant to statute;
(6) To maintain and safeguard the official records of the
department, including the commission's recorded resolutions and orders;
(7) To provide full staff support to the commission to assist it in
carrying out its functions, powers, and duties and to execute the
policy established by the commission pursuant to its legislative
authority;
(8) To execute and implement the biennial operating budget for the
operation of the department in accordance with chapter 43.88 RCW and
with legislative appropriation and, in such manner as prescribed
therein, to make and report to the commission and the chairs of the
transportation committees of the senate and house of representatives,
including one copy to the staff of each of the committees, deviations
from the planned biennial category A and H highway construction
programs necessary to adjust to unexpected delays or other
unanticipated circumstances((.));
(9) To exercise all other powers and perform all other duties as
are now or hereafter provided by law.
NEW SECTION. Sec. 10 The legislative transportation committee
and the transportation commission shall establish a joint work group to
plan for the implementation in 2005 of the Personnel System Reform Act
of 2002 (chapter 354, Laws of 2002), as it relates to transportation
agencies. The work group shall submit its recommendations to the
legislative transportation committee by December 1, 2004.
Sec. 11 RCW 47.80.030 and 1998 c 171 s 9 are each amended to read
as follows:
(1) Each regional transportation planning organization shall
develop, in cooperation with the department of transportation,
providers of public transportation and high capacity transportation,
ports, and local governments within the region, adopt, and periodically
update a regional transportation plan that:
(a) Is consistent with the statewide transportation plan adopted by
the legislature;
(b) Is based on a least cost planning methodology that identifies
the most cost-effective facilities, services, and programs;
(((b))) (c) Identifies existing or planned transportation
facilities, services, and programs, including but not limited to major
roadways including state highways and regional arterials, transit and
nonmotorized services and facilities, multimodal and intermodal
facilities, marine ports and airports, railroads, and noncapital
programs including transportation demand management that should
function as an integrated regional transportation system, giving
emphasis to those facilities, services, and programs that exhibit one
or more of the following characteristics:
(i) Crosses member county lines;
(ii) Is or will be used by a significant number of people who live
or work outside the county in which the facility, service, or project
is located;
(iii) Significant impacts are expected to be felt in more than one
county;
(iv) Potentially adverse impacts of the facility, service, program,
or project can be better avoided or mitigated through adherence to
regional policies;
(v) Transportation needs addressed by a project have been
identified by the regional transportation planning process and the
remedy is deemed to have regional significance; and
(vi) Provides for system continuity;
(((c))) (d) Establishes level of service standards for state
highways and state ferry routes, with the exception of transportation
facilities of statewide significance as defined in RCW 47.06.140.
These regionally established level of service standards for state
highways and state ferries shall be developed jointly with the
department of transportation, to encourage consistency across
jurisdictions. In establishing level of service standards for state
highways and state ferries, consideration shall be given for the
necessary balance between providing for the free interjurisdictional
movement of people and goods and the needs of local commuters using
state facilities;
(((d))) (e) Includes a financial plan demonstrating how the
regional transportation plan can be implemented, indicating resources
from public and private sources that are reasonably expected to be made
available to carry out the plan, and recommending any innovative
financing techniques to finance needed facilities, services, and
programs;
(((e))) (f) Assesses regional development patterns, capital
investment and other measures necessary to:
(i) Ensure the preservation of the existing regional transportation
system, including requirements for operational improvements,
resurfacing, restoration, and rehabilitation of existing and future
major roadways, as well as operations, maintenance, modernization, and
rehabilitation of existing and future transit, railroad systems and
corridors, and nonmotorized facilities; and
(ii) Make the most efficient use of existing transportation
facilities to relieve vehicular congestion and maximize the mobility of
people and goods;
(((f))) (g) Sets forth a proposed regional transportation approach,
including capital investments, service improvements, programs, and
transportation demand management measures to guide the development of
the integrated, multimodal regional transportation system; and
(((g))) (h) Where appropriate, sets forth the relationship of high
capacity transportation providers and other public transit providers
with regard to responsibility for, and the coordination between,
services and facilities.
(2) The organization shall review the regional transportation plan
biennially for currency and forward the adopted plan along with
documentation of the biennial review to the state department of
transportation.
(3) All transportation projects, programs, and transportation
demand management measures within the region that have an impact upon
regional facilities or services must be consistent with the plan and
with the adopted regional growth and transportation strategies.
Sec. 12 RCW 47.80.060 and 1992 c 101 s 31 are each amended to
read as follows:
In order to qualify for state planning funds available to regional
transportation planning organizations, the regional transportation
planning organizations containing any county with a population in
excess of one million shall provide voting membership on its executive
board to the state transportation commission, the state department of
transportation, and the three largest public port districts within the
region as determined by gross operating revenues. It shall further
assure that at least fifty percent of the county and city local elected
officials who serve on the executive board also serve on transit agency
boards or on a regional transit authority. Transportation commission
members shall represent the state policies reflected in the statewide
transportation plan adopted by the legislature.
Sec. 13 RCW 47.80.070 and 1994 c 158 s 5 are each amended to read
as follows:
In order to ensure statewide consistency in the regional
transportation planning process, the state department of
transportation, in conformance with the statewide transportation plan
adopted by the legislature and chapter 34.05 RCW, shall:
(1) In cooperation with regional transportation planning
organizations, establish minimum standards for development of a
regional transportation plan;
(2) Facilitate coordination between regional transportation
planning organizations; and
(3) Through the regional transportation planning process, and
through state planning efforts as required by RCW 47.01.071, identify
and jointly plan improvements and strategies within those corridors
important to moving people and goods on a regional or statewide basis.
Sec. 14 RCW 47.05.030 and 2002 c 5 s 402 are each amended to read
as follows:
The transportation commission shall adopt a comprehensive six-year
investment program specifying program objectives and performance
measures for the preservation and improvement programs defined in this
section. In the specification of investment program objectives and
performance measures, the transportation commission, in consultation
with the Washington state department of transportation, shall define
and adopt standards for effective programming and prioritization
practices including a needs analysis process. The needs analysis
process must ensure the identification of problems and deficiencies,
the evaluation of alternative solutions and trade-offs, the
identification of unconstrained demand for mobility, and estimations of
the costs and benefits of prospective projects. The investment
program, including the needs analysis process, must be revised
biennially((, effective on July 1st of odd-numbered years)) before each
regular session of the legislature during an odd-numbered year. The
investment program must be based upon the needs identified in the
state-owned highway component of the statewide transportation plan as
defined in RCW 47.01.071(3).
(1) The preservation program consists of those investments
necessary to preserve the existing state highway system and to restore
existing safety features, giving consideration to lowest life cycle
costing. The preservation program must require use of the most cost-effective pavement surfaces, considering:
(a) Life-cycle cost analysis;
(b) Traffic volume;
(c) Subgrade soil conditions;
(d) Environmental and weather conditions;
(e) Materials available; and
(f) Construction factors.
The comprehensive six-year investment program for preservation must
identify projects for two years and an investment plan for the
remaining four years.
(2) The improvement program consists of investments needed to
address identified deficiencies on the state highway system to increase
mobility, address congestion, and improve safety, support for the
economy, and protection of the environment. The six-year investment
program for improvements must identify projects for two years and major
deficiencies proposed to be addressed in the six-year period giving
consideration to relative benefits and life cycle costing. The
transportation commission shall give higher priority for correcting
identified deficiencies on those facilities classified as facilities of
statewide significance as defined in RCW 47.06.140. Project
prioritization must be based primarily upon cost-benefit analysis,
where appropriate.
The transportation commission shall approve and present the
comprehensive six-year investment program to the legislature in support
of the biennial budget request under ((RCW 44.40.070 and 44.40.080))
sections 17, 18, and 20 of this act.
Sec. 15 RCW 43.88.020 and 2000 2nd sp.s. c 4 s 11 are each
amended to read as follows:
(1) "Budget" means a proposed plan of expenditures for a given
period or purpose and the proposed means for financing these
expenditures.
(2) "Budget document" means a formal statement, either written or
provided on any electronic media or both, offered by the governor to
the legislature, as provided in RCW 43.88.030.
(3) "Director of financial management" means the official appointed
by the governor to serve at the governor's pleasure and to whom the
governor may delegate necessary authority to carry out the governor's
duties as provided in this chapter. The director of financial
management shall be head of the office of financial management which
shall be in the office of the governor.
(4) "Agency" means and includes every state office, officer, each
institution, whether educational, correctional, or other, and every
department, division, board, and commission, except as otherwise
provided in this chapter.
(5) "Public funds", for purposes of this chapter, means all moneys,
including cash, checks, bills, notes, drafts, stocks, and bonds,
whether held in trust, for operating purposes, or for capital purposes,
and collected or disbursed under law, whether or not such funds are
otherwise subject to legislative appropriation, including funds
maintained outside the state treasury.
(6) "Regulations" means the policies, standards, and requirements,
stated in writing, designed to carry out the purposes of this chapter,
as issued by the governor or the governor's designated agent, and which
shall have the force and effect of law.
(7) "Ensuing biennium" means the fiscal biennium beginning on July
1st of the same year in which a regular session of the legislature is
held during an odd-numbered year pursuant to Article II, section 12 of
the Constitution and which biennium next succeeds the current biennium.
(8) "Dedicated fund" means a fund in the state treasury, or a
separate account or fund in the general fund in the state treasury,
that by law is dedicated, appropriated, or set aside for a limited
object or purpose; but "dedicated fund" does not include a revolving
fund or a trust fund.
(9) "Revolving fund" means a fund in the state treasury,
established by law, from which is paid the cost of goods or services
furnished to or by a state agency, and which is replenished through
charges made for such goods or services or through transfers from other
accounts or funds.
(10) "Trust fund" means a fund in the state treasury in which
designated persons or classes of persons have a vested beneficial
interest or equitable ownership, or which was created or established by
a gift, grant, contribution, devise, or bequest that limits the use of
the fund to designated objects or purposes.
(11) "Administrative expenses" means expenditures for: (a)
Salaries, wages, and related costs of personnel and (b) operations and
maintenance including but not limited to costs of supplies, materials,
services, and equipment.
(12) "Fiscal year" means the year beginning July 1st and ending the
following June 30th.
(13) "Lapse" means the termination of authority to expend an
appropriation.
(14) "Legislative fiscal committees" means the joint legislative
audit and review committee, the legislative evaluation and
accountability program committee, the ways and means and transportation
committees of the senate and house of representatives, and, where
appropriate, the legislative transportation committee.
(15) "Fiscal period" means the period for which an appropriation is
made as specified within the act making the appropriation.
(16) "Primary budget driver" means the primary determinant of a
budget level, other than a price variable, which causes or is
associated with the major expenditure of an agency or budget unit
within an agency, such as a caseload, enrollment, workload, or
population statistic.
(17) "State tax revenue limit" means the limitation created by
chapter 43.135 RCW.
(18) "General state revenues" means the revenues defined by Article
VIII, section 1(c) of the state Constitution.
(19) "Annual growth rate in real personal income" means the
estimated percentage growth in personal income for the state during the
current fiscal year, expressed in constant value dollars, as published
by the office of financial management or its successor agency.
(20) "Estimated revenues" means estimates of revenue in the most
recent official economic and revenue forecast prepared under RCW
82.33.020, and prepared by the office of financial management for those
funds, accounts, and sources for which the office of the economic and
revenue forecast council does not prepare an official forecast
including estimates of revenues to support financial plans under ((RCW
44.40.070)) section 17 of this act, that are prepared by the office of
financial management in consultation with the transportation revenue
forecast council.
(21) "Estimated receipts" means the estimated receipt of cash in
the most recent official economic and revenue forecast prepared under
RCW 82.33.020, and prepared by the office of financial management for
those funds, accounts, and sources for which the office of the economic
and revenue forecast council does not prepare an official forecast.
(22) "State budgeting, accounting, and reporting system" means a
system that gathers, maintains, and communicates fiscal information.
The system links fiscal information beginning with development of
agency budget requests through adoption of legislative appropriations
to tracking actual receipts and expenditures against approved plans.
(23) "Allotment of appropriation" means the agency's statement of
proposed expenditures, the director of financial management's review of
that statement, and the placement of the approved statement into the
state budgeting, accounting, and reporting system.
(24) "Statement of proposed expenditures" means a plan prepared by
each agency that breaks each appropriation out into monthly detail
representing the best estimate of how the appropriation will be
expended.
(25) "Undesignated fund balance (or deficit)" means unreserved and
undesignated current assets or other resources available for
expenditure over and above any current liabilities which are expected
to be incurred by the close of the fiscal period.
(26) "Internal audit" means an independent appraisal activity
within an agency for the review of operations as a service to
management, including a systematic examination of accounting and fiscal
controls to assure that human and material resources are guarded
against waste, loss, or misuse; and that reliable data are gathered,
maintained, and fairly disclosed in a written report of the audit
findings.
(27) "Performance verification" means an analysis that (a) verifies
the accuracy of data used by state agencies in quantifying intended
results and measuring performance toward those results, and (b)
verifies whether or not the reported results were achieved.
(28) "Performance audit" has the same meaning as it is defined in
RCW 44.28.005.
(29) "Transportation budget" means a proposed plan of expenditures
for a given period for the purposes of funding the state's expenditures
supporting the movement of goods and people as well as the proposed
means for financing these expenditures. For the purposes of this
chapter the transportation budget includes the major programs of state
agencies dealing with transportation activities, including the
department of transportation, the Washington state patrol, the
department of licensing, the traffic safety commission, the board of
pilotage, the transportation improvement board and the county road
administration board or successor agencies, and any other programs or
agencies as determined by the legislative evaluation and accountability
program committee in consultation with the legislative transportation
committee.
NEW SECTION. Sec. 16
(2) The governor's budget must outline proposed six-year financial
policies, as well as the revenues necessary to support the six-year
transportation program and financial plan. In estimating related
revenues, the office of financial management shall rely on information
and advice from the transportation revenue forecast council.
(3) Both supplemental and biennial budget documents must reflect a
six-year expenditure plan consistent with estimated revenues from
existing sources and at existing rates for those agencies required to
submit six-year programs and financial plans under section 17 of this
act. Any additional revenue resulting from proposed changes to
existing statutes must be separately identified within the document as
well as related expenditures for the six-year period.
NEW SECTION. Sec. 17
The comprehensive six-year program and financial plan must state
the general objectives and needs of each agency's major transportation
programs, including workload and performance estimates.
NEW SECTION. Sec. 18
NEW SECTION. Sec. 19
NEW SECTION. Sec. 20
A copy of the revenue estimates must be simultaneously submitted to
the economic and revenue forecast work group when required by the
office of the economic and revenue forecast council.
Sec. 21 RCW 43.88.030 and 2002 c 371 s 911 are each amended to
read as follows:
(1) The director of financial management shall provide all agencies
with a complete set of instructions for submitting biennial budget
requests to the director at least three months before agency budget
documents are due into the office of financial management. The
director shall provide agencies and committees that are required under
((RCW 44.40.070)) section 17 of this act to develop comprehensive six-year program and financial plans with a complete set of instructions
for submitting these program and financial plans at the same time that
instructions for submitting other budget requests are provided. The
budget document or documents shall consist of the governor's budget
message which shall be explanatory of the budget and shall contain an
outline of the proposed financial policies of the state for the ensuing
fiscal period, as well as an outline of the proposed six-year financial
policies where applicable, and shall describe in connection therewith
the important features of the budget. The message shall set forth the
reasons for salient changes from the previous fiscal period in
expenditure and revenue items and shall explain any major changes in
financial policy. Attached to the budget message shall be such
supporting schedules, exhibits and other explanatory material in
respect to both current operations and capital improvements as the
governor shall deem to be useful to the legislature. The budget
document or documents shall set forth a proposal for expenditures in
the ensuing fiscal period, or six-year period where applicable, based
upon the estimated revenues and caseloads as approved by the economic
and revenue forecast council and caseload forecast council or upon the
estimated revenues and caseloads of the office of financial management
for those funds, accounts, sources, and programs for which the forecast
councils do not prepare an official forecast, including those revenues
anticipated to support the six-year programs and financial plans under
((RCW 44.40.070)) section 17 of this act. In estimating revenues to
support financial plans under ((RCW 44.40.070)) section 17 of this act,
the office of financial management shall rely on information and advice
from the transportation revenue forecast council. Revenues shall be
estimated for such fiscal period from the source and at the rates
existing by law at the time of submission of the budget document,
including the supplemental budgets submitted in the even-numbered years
of a biennium. However, the estimated revenues and caseloads for use
in the governor's budget document may be adjusted to reflect budgetary
revenue transfers and revenue and caseload estimates dependent upon
budgetary assumptions of enrollments, workloads, and caseloads. All
adjustments to the approved estimated revenues and caseloads must be
set forth in the budget document. The governor may additionally
submit, as an appendix to each supplemental, biennial, or six-year
agency budget or to the budget document or documents, a proposal for
expenditures in the ensuing fiscal period from revenue sources derived
from proposed changes in existing statutes.
Supplemental and biennial documents shall reflect a six-year
expenditure plan consistent with estimated revenues from existing
sources and at existing rates for those agencies required to submit
six-year program and financial plans under ((RCW 44.40.070)) section 17
of this act. Any additional revenue resulting from proposed changes to
existing statutes shall be separately identified within the document as
well as related expenditures for the six-year period.
The budget document or documents shall also contain:
(a) Revenues classified by fund and source for the immediately past
fiscal period, those received or anticipated for the current fiscal
period, those anticipated for the ensuing biennium, and those
anticipated for the ensuing six-year period to support the six-year
programs and financial plans required under ((RCW 44.40.070)) section
17 of this act;
(b) The undesignated fund balance or deficit, by fund;
(c) Such additional information dealing with expenditures,
revenues, workload, performance, and personnel as the legislature may
direct by law or concurrent resolution;
(d) Such additional information dealing with revenues and
expenditures as the governor shall deem pertinent and useful to the
legislature;
(e) Tabulations showing expenditures classified by fund, function,
activity, and agency. However, documents submitted for the 2003-05
biennial budget request need not show expenditures by activity;
(f) A delineation of each agency's activities, including those
activities funded from nonbudgeted, nonappropriated sources, including
funds maintained outside the state treasury;
(g) Identification of all proposed direct expenditures to implement
the Puget Sound water quality plan under chapter 90.71 RCW, shown by
agency and in total; and
(h) Tabulations showing each postretirement adjustment by
retirement system established after fiscal year 1991, to include, but
not be limited to, estimated total payments made to the end of the
previous biennial period, estimated payments for the present biennium,
and estimated payments for the ensuing biennium.
(2) The budget document or documents shall include detailed
estimates of all anticipated revenues applicable to proposed operating
or capital expenditures and shall also include all proposed operating
or capital expenditures. The total of beginning undesignated fund
balance and estimated revenues less working capital and other reserves
shall equal or exceed the total of proposed applicable expenditures.
The budget document or documents shall further include:
(a) Interest, amortization and redemption charges on the state
debt;
(b) Payments of all reliefs, judgments, and claims;
(c) Other statutory expenditures;
(d) Expenditures incident to the operation for each agency;
(e) Revenues derived from agency operations;
(f) Expenditures and revenues shall be given in comparative form
showing those incurred or received for the immediately past fiscal
period and those anticipated for the current biennium and next ensuing
biennium, as well as those required to support the six-year programs
and financial plans required under ((RCW 44.40.070)) section 17 of this
act;
(g) A showing and explanation of amounts of general fund and other
funds obligations for debt service and any transfers of moneys that
otherwise would have been available for appropriation;
(h) Common school expenditures on a fiscal-year basis;
(i) A showing, by agency, of the value and purpose of financing
contracts for the lease/purchase or acquisition of personal or real
property for the current and ensuing fiscal periods; and
(j) A showing and explanation of anticipated amounts of general
fund and other funds required to amortize the unfunded actuarial
accrued liability of the retirement system specified under chapter
41.45 RCW, and the contributions to meet such amortization, stated in
total dollars and as a level percentage of total compensation.
(3) A separate capital budget document or schedule shall be
submitted that will contain the following:
(a) A statement setting forth a long-range facilities plan for the
state that identifies and includes the highest priority needs within
affordable spending levels;
(b) A capital program consisting of proposed capital projects for
the next biennium and the two biennia succeeding the next biennium
consistent with the long-range facilities plan. Insomuch as is
practical, and recognizing emergent needs, the capital program shall
reflect the priorities, projects, and spending levels proposed in
previously submitted capital budget documents in order to provide a
reliable long-range planning tool for the legislature and state
agencies;
(c) A capital plan consisting of proposed capital spending for at
least four biennia succeeding the next biennium;
(d) A strategic plan for reducing backlogs of maintenance and
repair projects. The plan shall include a prioritized list of specific
facility deficiencies and capital projects to address the deficiencies
for each agency, cost estimates for each project, a schedule for
completing projects over a reasonable period of time, and
identification of normal maintenance activities to reduce future
backlogs;
(e) A statement of the reason or purpose for a project;
(f) Verification that a project is consistent with the provisions
set forth in chapter 36.70A RCW;
(g) A statement about the proposed site, size, and estimated life
of the project, if applicable;
(h) Estimated total project cost;
(i) For major projects valued over five million dollars, estimated
costs for the following project components: Acquisition, consultant
services, construction, equipment, project management, and other costs
included as part of the project. Project component costs shall be
displayed in a standard format defined by the office of financial
management to allow comparisons between projects;
(j) Estimated total project cost for each phase of the project as
defined by the office of financial management;
(k) Estimated ensuing biennium costs;
(l) Estimated costs beyond the ensuing biennium;
(m) Estimated construction start and completion dates;
(n) Source and type of funds proposed;
(o) Estimated ongoing operating budget costs or savings resulting
from the project, including staffing and maintenance costs;
(p) For any capital appropriation requested for a state agency for
the acquisition of land or the capital improvement of land in which the
primary purpose of the acquisition or improvement is recreation or
wildlife habitat conservation, the capital budget document, or an
omnibus list of recreation and habitat acquisitions provided with the
governor's budget document, shall identify the projected costs of
operation and maintenance for at least the two biennia succeeding the
next biennium. Omnibus lists of habitat and recreation land
acquisitions shall include individual project cost estimates for
operation and maintenance as well as a total for all state projects
included in the list. The document shall identify the source of funds
from which the operation and maintenance costs are proposed to be
funded;
(q) Such other information bearing upon capital projects as the
governor deems to be useful;
(r) Standard terms, including a standard and uniform definition of
normal maintenance, for all capital projects;
(s) Such other information as the legislature may direct by law or
concurrent resolution.
For purposes of this subsection (3), the term "capital project"
shall be defined subsequent to the analysis, findings, and
recommendations of a joint committee comprised of representatives from
the house capital appropriations committee, senate ways and means
committee, legislative transportation committee, legislative evaluation
and accountability program committee, and office of financial
management.
(4) No change affecting the comparability of agency or program
information relating to expenditures, revenues, workload, performance
and personnel shall be made in the format of any budget document or
report presented to the legislature under this section or RCW
43.88.160(1) relative to the format of the budget document or report
which was presented to the previous regular session of the legislature
during an odd-numbered year without prior legislative concurrence.
Prior legislative concurrence shall consist of (a) a favorable majority
vote on the proposal by the standing committees on ways and means of
both houses if the legislature is in session or (b) a favorable
majority vote on the proposal by members of the legislative evaluation
and accountability program committee if the legislature is not in
session.
Sec. 22 RCW 43.88.122 and 2000 2nd sp.s. c 4 s 14 are each
amended to read as follows:
Where there are variances of revenue forecasts between the office
of financial management and the transportation revenue forecast
council, for those transportation agencies that are required to develop
plans under ((RCW 44.40.070)) section 17 of this act, the office of
financial management shall submit (1) a reconciliation of the
differences between the revenue forecasts and (2) the assumptions used
by the office of financial management to the transportation committees
of the senate and the house of representatives.
Sec. 23 RCW 43.88.150 and 1995 c 6 s 1 are each amended to read
as follows:
(1) For those agencies that make expenditures from both
appropriated and nonappropriated funds for the same purpose, the
governor shall direct such agencies to charge their expenditures in
such ratio, as between appropriated and nonappropriated funds, as will
conserve appropriated funds. This subsection does not apply to
institutions of higher education, as defined in RCW 28B.10.016.
(2) Unless otherwise provided by law, if state moneys are
appropriated for a capital project and matching funds or other
contributions are required as a condition of the receipt of the state
moneys, the state moneys shall be disbursed in proportion to and only
to the extent that the matching funds or other contributions have been
received and are available for expenditure.
(3) The office of financial management shall adopt guidelines for
the implementation of this section. The guidelines may account for
federal matching requirements or other requirements to spend other
moneys in a particular manner.
(4) This section does not apply to appropriations made in the
transportation budget.
NEW SECTION. Sec. 24 The following acts or parts of acts are
each repealed:
(1) RCW 47.08.010 (Control of allocated funds) and 1984 c 7 s 92 &
1961 c 13 s 47.08.010;
(2) RCW 44.40.070 (State transportation agencies -- Comprehensive
programs and financial plans) and 1998 c 245 s 87, 1988 c 167 s 10,
1979 ex.s. c 192 s 3, 1979 c 158 s 112, 1977 ex.s. c 235 s 9, & 1973
1st ex.s. c 201 s 1; and
(3) RCW 44.40.080 (State transportation agencies -- Recommended
budget -- Preparation and presentation -- Contents) and 1973 1st ex.s. c
201 s 2.
NEW SECTION. Sec. 25 Sections 16 through 20 of this act are each
added to and designated as a subchapter of chapter 43.88 RCW under the
subchapter designation "Transportation."
NEW SECTION. Sec. 26 Captions used in this act are not part of
the law.
NEW SECTION. Sec. 27 Sections 4, 6, and 7 of this act expire on
January 1, 2004. Section 10 of this act expires on January 1, 2005.
NEW SECTION. Sec. 28 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.