2531-S.EAMSHTS5181.2ESHB 2531S COMM AMDBy Committee on Highways & TransportationNOT ADOPTED 03/10/2004 Strike everything after the enacting clause and insert thefollowing:PART I TOLLING PROVISIONSSec. RCW 36.120.020 and 2002 c 56 s 102 are each amended toread as follows: The definitions in this section apply throughout this chapterunless the context clearly requires otherwise. (1) "Board" means the governing body of a regional transportationinvestment district. (2) "Department" means the Washington state department oftransportation. (3) "Highway of statewide significance" means an existing orproposed state route or federal interstate designated as a highway ofstatewide significance by the transportation commission, its successorentity, or the legislature. (4) "Lead agency" means a public agency that by law can plan,design, and build a transportation project and has been so designatedby the district. (5) "Regional transportation investment district" or "district"means a municipal corporation whose boundaries are coextensive with twoor more contiguous counties and that has been created by countylegislative authorities and a vote of the people under this chapter toimplement a regional transportation investment plan. (6) "Regional transportation investment district planningcommittee" or "planning committee" means the advisory committee createdunder RCW 36.120.030 to create and propose to county legislativeauthorities a regional transportation investment plan to develop,finance, and construct transportation projects. (7) "Regional transportation investment plan" or "plan" means a 1 plan to develop, construct, and finance a transportation project orprojects. (8) "Transportation project" means: (a) A capital improvement or improvements to a highway that hasbeen designated, in whole or in part, as a highway of statewidesignificance, including an extension, that: (i) Adds a lane or new lanes to an existing state or federalhighway; or (ii) Repairs or replaces a lane or lanes damaged by an eventdeclared an emergency by the governor before January 1, 2002. (b) A capital improvement or improvements to all or a portion of ahighway of statewide significance, including an extension, and mayinclude the following associated multimodal capital improvements: (i) Approaches to highways of statewide significance; (ii) Highoccupancy vehicle lanes; (iii) Flyover ramps; (iv) Park and ride lots; (v) Bus pullouts; (vi) Vans for vanpools; (vii) Buses; and (viii) Signalization, ramp metering, and other transportationsystem management improvements. (c) A capital improvement or improvements to all or a portion of acity street, county road, or existing highway or the creation of a newhighway that intersects with a highway of statewide significance, ifall of the following conditions are met: (i) The project is included in a plan that makes highwayimprovement projects that add capacity to a highway or highways ofstatewide significance; (ii) The secretary of transportation determines that the projectwould better relieve traffic congestion than investing that same moneyin adding capacity to a highway of statewide significance; (iii) Matching money equal to onethird of the total cost of theproject is provided by local entities, including but not limited to ametropolitan planning organization, county, city, port, or privateentity in which a county participating in a plan is located. Localentities may use federal grants to meet this matching requirement; (iv) In no case may the cumulative regional transportation 2 investment district contribution to all projects constructed under thissubsection (8)(c) exceed ten percent of the revenues generated by thedistrict; (v) In no case may the cumulative regional transportationinvestment district contribution to all projects constructed under thissubsection (8)(c) exceed one billion dollars; and (vi) The specific projects are included within the plan andsubmitted as part of the plan to a vote of the people. (d) Operations, preservation, and maintenance are excluded fromthis definition and may not be included in a regional transportationinvestment plan. However, operations, preservation, and maintenance oftollrelated facilities where toll revenues have been pledged for thepayment of contracts is expressly authorized and may be included in aregional transportation investment plan. (9) "Weighted vote" means a vote that reflects the population eachboard or planning committee member represents relative to thepopulation represented by the total membership of the board or planningcommittee. Population will be determined using the federal 2000 censusor subsequent federal census data.Sec. RCW 36.120.050 and 2003 c 350 s 4 are each amended toread as follows: (1) A regional transportation investment district planningcommittee may, as part of a regional transportation investment plan,recommend the imposition of some or all of the following revenuesources, which a regional transportation investment district may imposeupon approval of the voters as provided in this chapter: (a) A regional sales and use tax, as specified in RCW 82.14.430, ofup to 0.5 percent of the selling price, in the case of a sales tax, orvalue of the article used, in the case of a use tax, upon theoccurrence of any taxable event in the regional transportationinvestment district; (b) A local option vehicle license fee, as specified under RCW82.80.100, of up to one hundred dollars per vehicle registered in thedistrict. As used in this subsection, "vehicle" means motor vehicle asdefined in RCW 46.04.320. Certain classes of vehicles, as definedunder chapter 46.04 RCW, may be exempted from this fee; (c) A parking tax under RCW 82.80.030; 3 (d) A local motor vehicle excise tax under RCW 81.100.060 andchapter 81.104 RCW; (e) A local option fuel tax under RCW 82.80.120; (f) An employer excise tax under RCW 81.100.030; and (g) Vehicle tolls on new or reconstructed facilities or, in thecase of improvements to a bridge or viaduct, any approaches orconnectors to the bridge or viaduct. Unless otherwise specified by lawor contract, the department shall administer the collection of vehicletolls on designated facilities, and the state transportationcommission, or its successor, shall be the tolling authority. (2) Taxes, fees, and tolls may not be imposed without anaffirmative vote of the majority of the voters within the boundaries ofthe district voting on a ballot proposition as set forth in RCW36.120.070. Revenues from these taxes and fees may be used only toimplement the plan as set forth in this chapter. A district maycontract with the state department of revenue or other appropriateentities for administration and collection of any of the taxes or feesauthorized in this section. (3) Existing statewide motor vehicle fuel and special fuel taxes,at the distribution rates in effect on January 1, 2001, are notintended to be altered by this chapter.Sec. RCW 47.56.076 and 2002 c 56 s 403 are each amended toread as follows: Upon approval of a majority of the voters within its boundariesvoting on the ballot proposition, and only for the purposes authorizedin RCW 36.120.050(1)(((f))) (g), a regional transportation investmentdistrict may impose vehicle tolls on state routes where improvementsfinanced in whole or in part by a regional transportation investmentdistrict add additional lanes to, or reconstruct lanes on, a highway ofstatewide significance, and in the case of improving a bridge orviaduct, any approaches or connectors to the bridge or viaduct. Thedepartment shall administer the collection of vehicle tolls ondesignated facilities unless otherwise specified in law or by contract,and the state transportation commission, or its successor, shall ((bethe tolling authority)) set and impose the tolls in amounts sufficientto implement the plan and issue bonds and maintain and operate the tollfacility within the scope and intent of the regional transportationinvestment plan. 4 NEW SECTION.Sec. A new section is added to chapter 47.56RCW to read as follows: Notwithstanding any provision to the contrary in this chapter, aregional transportation investment district may impose vehicle tolls oneither Lake Washington bridge upon approval of a majority of the votersvoting on a regional transportation investment plan ballot measurewithin its boundaries as authorized in chapter 36.120 RCW and RCW47.56.076.PART II BALLOT MEASURESSec. RCW 36.120.070 and 2002 c 56 s 107 are each amended toread as follows: Two or more contiguous county legislative authorities, upon receiptof the regional transportation investment plan under RCW 36.120.040,may ((certify the plan to the ballot, including identification of thetax options)) submit to the voters of the proposed district a singleballot measure that approves formation of the district, approves theregional transportation investment plan, and approves the revenuesources necessary to ((fund)) finance the plan. ((County legislativeauthorities)) The planning committee may draft ((a ballot title,)) theballot measure on behalf of the county legislative authorities, and thecounty legislative authorities may give notice as required by law forballot measures, and perform other duties as required to ((put the planbefore)) submit the measure to the voters of the proposed district fortheir approval or rejection ((as a single ballot measure that bothapproves formation of the district and approves the plan)). Countiesmay negotiate interlocal agreements necessary to implement the plan.The electorate will be the voters voting within the boundaries of theparticipating counties. A simple majority of the total persons votingon the single ballot measure ((to approve the plan, establish thedistrict, and approve the taxes and fees)) is required for approval ofthe measure.PART III MOTOR VEHICLE SURCHARGESec. RCW 81.100.060 and 2002 c 56 s 411 are each amended toread as follows: A county with a population of one million or more and a county with 5 a population of from two hundred ten thousand to less than one millionthat is adjoining a county with a population of one million or more,having within their boundaries existing or planned highoccupancyvehicle lanes on the state highway system, or a regional transportationinvestment district for capital improvements, but only to the extentthat the surcharge has not already been imposed by the county, may,with voter approval, impose a local surcharge of not more than ((threetenths)) sixtenths of one percent of the value on vehicles registeredto a person residing within the county and not more than 13.64 percenton the state sales and use taxes paid under the rate in RCW82.08.020(2) on retail car rentals within the county or investmentdistrict. A county may impose the surcharge only to the extent that ithas not been imposed by the district. No surcharge may be imposed onvehicles licensed under RCW 46.16.070 except vehicles with an unladenweight of six thousand pounds or less, RCW 46.16.079, 46.16.085, or46.16.090. Additionally, no surcharge may be imposed on new vehicles,except that the surcharge shall apply to the initial registration of avehicle previously licensed in another jurisdiction. Counties or investment districts imposing a tax under this sectionshall contract, before the effective date of the resolution orordinance imposing a surcharge, administration and collection to thestate department of licensing, and department of revenue, asappropriate, which shall deduct an amount, as provided by contract, foradministration and collection expenses incurred by the department. Alladministrative provisions in chapters 82.03, 82.32, and 82.44 RCWshall, insofar as they are applicable to motor vehicle excise taxes, beapplicable to surcharges imposed under this section. Alladministrative provisions in chapters 82.03, 82.08, 82.12, and 82.32RCW shall, insofar as they are applicable to state sales and use taxes,be applicable to surcharges imposed under this section. If the tax authorized in RCW 81.100.030 is also imposed, the totalproceeds from tax sources imposed under this section and RCW 81.100.030each year shall not exceed the maximum amount which could be collectedunder this section.Sec. RCW 81.100.080 and 1990 c 43 s 19 are each amended toread as follows: Funds collected under RCW 81.100.030 or 81.100.060 and anyinvestment earnings accruing thereon shall be used by the county or the 6 regional transportation investment district in a manner consistent withthe regional transportation plan only for costs of collection, costs ofpreparing, adopting, and enforcing agreements under RCW 81.100.030(3),for construction of high occupancy vehicle lanes and relatedfacilities, mitigation of environmental concerns that result fromconstruction or use of high occupancy vehicle lanes and relatedfacilities, payment of principal and interest on bonds issued for thepurposes of this section, for high occupancy vehicle programs asdefined in RCW 81.100.020(5), and for commuter rail projects inaccordance with RCW 81.104.120. Except for funds raised by regionaltransportation investment districts, no funds collected under RCW81.100.030 or 81.100.060 after June 30, 2000, may be pledged for thepayment or security of the principal or interest on any bonds issuedfor the purposes of this section. Not more than ten percent of thefunds may be used for transit agency high occupancy vehicle programs. Priorities for construction of high occupancy vehicle lanes andrelated facilities shall be as follows: (1)(a) To accelerate construction of high occupancy vehicle laneson the interstate highway system, as well as related facilities; (b) To finance or accelerate construction of high occupancy vehiclelanes on the noninterstate state highway system, as well as relatedfacilities. (2) To finance construction of high occupancy vehicle lanes onlocal arterials, as well as related facilities. Moneys received by an agency under this chapter shall be used inaddition to, and not as a substitute for, moneys currently used by theagency for the purposes specified in this section. Counties and regional transportation investment districts maycontract with cities or the state department of transportation forconstruction of high occupancy vehicle lanes and related facilities,and may issue general obligation bonds to fund such construction anduse funds received under this chapter to pay the principal and intereston such bonds. 7 ESHB 2531S COMM AMDBy Committee on Highways & TransportationNOT ADOPTED 03/10/2004 On page 1, line 1 of the title, after districts; strike theremainder of the title and insert amending RCW 36.120.020, 36.120.050,47.56.076, 36.120.070, 81.100.060, and 81.100.080; and adding a newsection to chapter 47.56 RCW.--- END --- 8