READ FIRST TIME 02/10/04.   

     AN ACT Relating to distribution of SAFETEA funds; adding a new section to chapter 47.01 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The existing distribution of Transportation Equity Act for the 21st century (TEA-21) flexible funds has allowed the state and its local governments to strengthen Washington's economy by making important investments in our transportation systems. The same distribution method will be used to allocate flexible funds provided under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2003 (SAFETEA), or authorized under any federal surface transportation act that extends or succeeds the Transportation Equity Act for the 21st century (TEA-21); except that state transportation grants will initiate economic vitality through a newly created freight investment program.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.01 RCW to read as follows:
     The highways and local programs division of the department shall administer surface transportation program flexible funds or similar program funds anticipated to be authorized in the extension or reauthorization of the Transportation Equity Act for the 21st Century (TEA-21). The department shall distribute the funds as follows:
     (1) Nineteen percent of the flexible funding identified in this section must be appropriated to the freight investment account and allocated for projects in the freight investment program created in Senate Bill No. 6680. If Senate Bill No. 6680 has not become law by July 1, 2004, then nineteen percent of the flexible funding identified in this section must be directed into a state freight investment program administered by the department. The transportation improvement board will prioritize and select projects for the state freight investment program using the following criteria not necessarily ranked in order of importance:
     (a) A freight benefit, including corridor completion and reduction in roadway conflicts between freight and the general public. First and greatest consideration must be given to projects previously identified by the freight mobility strategic investment board. Projects so identified by the freight mobility strategic investment board must receive no less than two-thirds of the total points or weight that may be assigned under this criteria;
     (b) The creation of economic opportunities, including improved access to freight generators and development or expansion of freight facilities;
     (c) The potential for project delivery, including full funding at time of the grant award and the leveraging of additional local, state, or federal funds;
     (d) The potential to attract federal funding, including projects on corridors of national significance, highway connection projects between the national highway system and intermodal freight facilities, grade separation projects, projects that support intermodal rail capacity, and projects that sustain multiple gateways for national emergencies.
     (2) Thirty-eight percent of the flexible funding identified in this section must be allocated to the department for projects in the improvement, maintenance, and preservation programs.
     (3) Nineteen percent of the flexible funding identified in this section must be allocated to metropolitan planning organizations, regional transportation planning organizations, and county lead agencies using the same population formula implemented under TEA-21.
     (4) Twenty-four percent of the flexible funding identified in this section must be allocated to a statewide competitive program to be administered by the department. The transportation improvement board shall select projects under the same criteria and methods used to manage the statewide competitive program distribution of flexible funding under TEA-21.

NEW SECTION.  Sec. 3   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.