ESSB 6800 -
By Committee on Transportation
ADOPTED 03/02/2006
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 47.01.031 and 1988 c 167 s 11 are each amended to
read as follows:
(1) There is created a department of state government to be known
as the department of transportation.
(2) All powers, duties, and functions vested by law in the
department of highways, the state highway commission, the
transportation commission, the director of highways, the Washington
toll bridge authority, the aeronautics commission, the director of
aeronautics, and the canal commission, and the transportation related
powers, duties, and functions of the ((planning and community affairs
agency)) department of community, trade, and economic development, are
transferred to the jurisdiction of the department, except those powers,
duties, and functions which are expressly retained or directed
elsewhere ((in this or in any other act of the 1977 legislature)).
(3) The board of pilotage commissioners is transferred to the
jurisdiction of the department for its staff support and
administration((: PROVIDED, That)). Nothing in this section shall be
construed as transferring any policy making powers of the board of
pilotage commissioners to the transportation commission or the
department of transportation.
Sec. 2 RCW 47.01.051 and 1977 ex.s. c 151 s 5 are each amended to
read as follows:
There is hereby created a transportation commission, which shall
consist of seven members appointed by the governor, with the consent of
the senate. ((The present five members of the highway commission shall
serve as five initial members of the transportation commission until
their terms of office as highway commission members would have expired.
The additional two members provided herein for the transportation
commission shall be appointed for initial terms to expire on June 30,
1982, and June 30, 1983. Thereafter)) All terms for commission
members appointed after the effective date of this act shall be for
((six)) four years. No elective state official or state officer ((or
state employee)) shall be a member of the commission, and not more than
four members of the commission shall at the time of appointment or
thereafter during their respective terms of office be members of the
same major political party. At the time of appointment or thereafter
during their respective terms of office, four members of the commission
shall reside in the western part of the state and three members shall
reside in the eastern part of the state as divided north and south by
the summit of the Cascade mountains. No more than two members of the
commission shall reside in the same county. Commissioners ((shall
not)) may be removed from office by the governor before the expiration
of their terms ((unless for a disqualifying change of residence or for
cause based upon a determination of incapacity, incompetence, neglect
of duty, or malfeasance in office by the superior court of the state of
Washington in and for Thurston county upon petition and show cause
proceedings duly brought therefor in said court and directed to the
commissioner in question. No member shall be appointed for more than
two consecutive terms)) for cause.
Sec. 3 RCW 47.01.061 and 2005 c 319 s 4 are each amended to read
as follows:
(1) The commission shall meet at such times as it deems advisable
((but at least once every month. It may adopt its own rules and
regulations and may establish its own procedure)). It shall act
collectively in harmony with recorded resolutions or motions adopted by
majority vote of at least four members. The commission may appoint an
administrative secretary((, and shall elect one of its members chairman
for a term of one year)). The governor shall appoint the chair of the
commission. The ((chairman shall be able to)) chair may vote on all
matters before the commission. The commission may ((from time to
time)) retain planners, consultants, and other technical personnel to
advise it in the performance of its duties.
(2) The commission shall submit to each regular session of the
legislature held in an odd-numbered year and to the office of financial
management its own budget proposal necessary for the commission's
operations ((separate from that proposed for the department)).
(3) Each member of the commission shall be compensated in
accordance with RCW 43.03.250 and shall be reimbursed for actual
necessary traveling and other expenses in going to, attending, and
returning from meetings of the commission, and actual and necessary
traveling and other expenses incurred in the discharge of such duties
as may be requested by a majority vote of the commission or by the
((secretary of transportation)) chair, but in no event shall a
commissioner be compensated in any year for more than one hundred
twenty days, except the ((chairman of the commission)) chair who may be
paid compensation for not more than one hundred fifty days. Service on
the commission shall not be considered as service credit for the
purposes of any public retirement system.
(4) Each member of the commission shall disclose any actual or
potential conflict of interest, if applicable under the circumstance,
regarding any commission business.
Sec. 4 RCW 47.01.071 and 2005 c 319 s 5 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 governor and 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:)) In conjunction with the provisions under RCW 47.01.075, 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;
(a) Develop transportation policies which are based on the
policies, goals, and objectives expressed and inherent in existing
state laws;
(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;
(d) Establish a procedure for review and revision of the state
transportation policy and for submission of proposed changes to the
governor and 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 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;
(3)
(((4))) (2) To ((prepare a)) review, consider, and gather public
input on the statewide comprehensive and balanced statewide
transportation plan ((which shall be based on the transportation policy
adopted by the governor and the legislature and applicable state and
federal laws. The plan shall be reviewed and revised, and submitted to
the governor and the house of representatives and senate standing
committees on transportation, prior to each regular session of the
legislature during an even-numbered year thereafter.)) prepared by the department as provided in RCW
47.01.101(12);
The plan shall take into account federal law and regulations
relating to the planning, construction, and operation of transportation
facilities
(((5))) (3) 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;
(((6) 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;)) (4) To adopt such rules((
(7), regulations, and policy
directives)) as may be necessary to carry out reasonably and properly
those functions expressly vested in the commission by statute;
(((8))) (5) To contract with the office of financial management or
other appropriate state agencies for administrative support, accounting
services, computer services, and other support services necessary to
carry out its other statutory duties;
(((9))) (6) To exercise such other specific powers and duties as
may be vested in the transportation commission by this or any other
provision of law.
Sec. 5 RCW 47.01.075 and 2005 c 319 s 6 are each amended to read
as follows:
(1) The transportation commission shall provide a forum ((for the
development of)) to gather public input regarding transportation policy
in Washington state, including input on the statewide comprehensive
transportation plan. It may recommend to the secretary of
transportation, the governor, and the legislature means for obtaining
appropriate citizen ((and professional)) involvement in ((all))
transportation policy formulation ((and other matters related to the
powers and duties of the department)). It may ((further)) hold
hearings and explore ways to improve the mobility of the citizenry.
((At least every five years, the commission shall convene regional
forums to gather citizen input on transportation issues.)) (2) In order to promote a better transportation system, the
commission ((
(2) Every two years, in coordination with the development of the
state biennial budget, the commission shall prepare the statewide
multimodal transportation progress report that outlines the
transportation priorities of the ensuing biennium. The report must:
(a) Consider the citizen input gathered at the forums;
(b) Be developed with the assistance of state transportation-related agencies and organizations;
(c) Be developed with the input from state, local, and regional
jurisdictions, transportation service providers, and key transportation
stakeholders;
(d) Be considered by the secretary of transportation and other
state transportation-related agencies in preparing proposed agency
budgets and executive request legislation;
(e) Be submitted by the commission to the governor by October 1st
of each even-numbered year for consideration by the governor.
(3) In fulfilling its responsibilities under this section, the
commission may create ad hoc committees or other such committees of
limited duration as necessary.
(4)shall offer policy guidance and)) may make recommendations
to the governor and the legislature in key issue areas, including but
not limited to:
(a) Transportation finance;
(b) Preserving, maintaining, and operating the statewide
transportation system;
(c) Transportation infrastructure needs;
(d) Promoting best practices for adoption and use by
transportation-related agencies and programs;
(e) Transportation efficiencies that will improve service delivery
and/or coordination;
(f) Improved planning and coordination among transportation
agencies and providers; and
(g) Use of intelligent transportation systems and other technology-based solutions.
Sec. 6 RCW 47.01.091 and 1977 ex.s. c 151 s 9 are each amended to
read as follows:
The secretary shall establish such advisory councils as are
necessary to carry out the purposes of this ((1977 amendatory act))
title, and to insure adequate public participation in the planning and
development of transportation facilities. Members of such councils
shall serve at the pleasure of the secretary and may receive per diem
and necessary expenses, in accordance with RCW 43.03.050 and 43.03.060,
as now or hereafter amended.
Sec. 7 RCW 47.01.101 and 2005 c 319 s 7 are each amended to read
as follows:
The secretary shall have the authority and it shall be his or her
duty:
(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;
(3) To designate and establish such transportation district,
region, 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, under contract or interagency agreement, ((full))
staff support on a reimbursable basis to the commission to assist it in
carrying out its functions, powers, and duties;
(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;
(9) To advise the governor, the office of financial management, and
the legislature with respect to matters under the jurisdiction of the
department; ((and))
(10) To exercise all other powers and perform all other duties as
are now or hereafter provided by law;
(11) To integrate government performance and accountability tools
in the planning, coordination, and performance of its duties,
including, but not limited to, performance reviews, performance-based
budgeting, and quality assessments; and
(12) To prepare a comprehensive and balanced statewide
transportation plan which shall be based on the transportation policy
adopted by the legislature, applicable state and federal laws, and the
biennial priorities of government as adopted by the governor. The plan
shall take into account federal law and regulations relating to the
planning, construction, and operation of transportation facilities.
The secretary shall ensure that local and regional transportation
issues are integrated and considered in the plan. The plan shall be
submitted to the commission for its review and for it to gather public
input.
Sec. 8 RCW 47.01.250 and 1998 c 245 s 92 are each amended to read
as follows:
((The chief of the Washington state patrol, the director of the
traffic safety commission, the executive director of the county road
administration board, and the director of licensing are designated as
official consultants to the transportation commission so that the goals
and activities of their respective agencies which relate to
transportation are fully coordinated with other related
responsibilities of the department of transportation. In this
capacity, the chief of the Washington state patrol, the director of the
traffic safety commission, the executive director of the county road
administration board, and the director of licensing shall consult with
the transportation commission and the secretary of transportation on
the implications and impacts on the transportation related functions
and duties of their respective agencies of any proposed comprehensive
transportation plan, program, or policy.))
In order to develop fully integrated, balanced, and coordinated
transportation plans, programs, and budgets the chief of the Washington
state patrol, the director of the traffic safety commission, the
executive director of the county road administration board, and the
director of licensing shall consult with the secretary of
transportation on the matter of relative priorities during the
development of their respective agencies' plans, programs, and budgets
as they pertain to transportation activities.
Sec. 9 RCW 47.01.280 and 2005 c 319 s 121 are each amended to
read as follows:
(1) Upon receiving an application for improvements to an existing
state highway or highways pursuant to RCW 43.160.074 from the community
economic revitalization board, the ((transportation commission))
department shall, in a timely manner, determine whether or not the
proposed state highway improvements:
(a) Meet the safety and design criteria of the department of
transportation;
(b) Will impair the operational integrity of the existing highway
system; and
(c) Will affect any other improvements planned by the department((;
and)).
(d) Will be consistent with its policies developed pursuant to RCW
47.01.071
(2) Upon completion of its determination of the factors contained
in subsection (1) of this section and any other factors it deems
pertinent, the ((transportation commission)) department shall forward
its approval, as submitted or amended or disapproval of the proposed
improvements to the board, along with any recommendation it may wish to
make concerning the desirability and feasibility of the proposed
development. If the ((transportation commission)) department
disapproves any proposed improvements, it shall specify its reasons for
disapproval.
(3) Upon notification from the board of an application's approval
pursuant to RCW 43.160.074, the ((transportation commission))
department shall ((direct the department of transportation to)) carry
out the improvements in coordination with the applicant.
Sec. 10 RCW 47.05.021 and 2005 c 319 s 8 are each amended to read
as follows:
(1) The department shall conduct periodic analyses of the entire
state highway system((,)) and report to the ((commission)) office of
financial management and the chairs of the transportation committees of
the senate and house of representatives, any subsequent recommendations
to subdivide, classify, and subclassify all designated state highways
into the following three functional classes:
(a) The "principal arterial system" shall consist of a connected
network of rural arterial routes with appropriate extensions into and
through urban areas, including all routes designated as part of the
interstate system, which serve corridor movements having travel
characteristics indicative of substantial statewide and interstate
travel;
(b) The "minor arterial system" shall, in conjunction with the
principal arterial system, form a rural network of arterial routes
linking cities and other activity centers which generate long distance
travel, and, with appropriate extensions into and through urban areas,
form an integrated network providing interstate and interregional
service; and
(c) The "collector system" shall consist of routes which primarily
serve the more important intercounty, intracounty, and intraurban
travel corridors, collect traffic from the system of local access roads
and convey it to the arterial system, and on which, regardless of
traffic volume, the predominant travel distances are shorter than on
arterial routes.
(2) The ((transportation commission)) department shall adopt a
functional classification of highways. The ((commission)) department
shall consider ((the recommendations of the department and testimony))
comments from the public and local municipalities. The ((commission))
department shall give consideration to criteria consistent with this
section and federal regulations relating to the functional
classification of highways, including but not limited to the following:
(a) Urban population centers within and without the state
stratified and ranked according to size;
(b) Important traffic generating economic activities, including but
not limited to recreation, agriculture, government, business, and
industry;
(c) Feasibility of the route, including availability of alternate
routes within and without the state;
(d) Directness of travel and distance between points of economic
importance;
(e) Length of trips;
(f) Character and volume of traffic;
(g) Preferential consideration for multiple service which shall
include public transportation;
(h) Reasonable spacing depending upon population density; and
(i) System continuity.
(3) The ((transportation commission)) department or the legislature
shall designate state highways of statewide significance under RCW
47.06.140. If the ((commission)) department designates a state highway
of statewide significance, it shall submit a list of such facilities
for adoption by the legislature. This statewide system shall include
at a minimum interstate highways and other statewide principal
arterials that are needed to connect major communities across the state
and support the state's economy.
(4) The ((transportation commission)) department shall designate a
freight and goods transportation system. This statewide system shall
include state highways, county roads, and city streets. The
((commission)) department, in cooperation with cities and counties,
shall review and make recommendations to the legislature regarding
policies governing weight restrictions and road closures which affect
the transportation of freight and goods.
Sec. 11 RCW 47.05.030 and 2005 c 319 s 9 are each amended to read
as follows:
The ((transportation commission)) department, in consultation with
the office of financial management, shall ((adopt)) develop a
comprehensive ((ten-year)) sixteen-year investment program specifying
program objectives and performance measures for the preservation and
improvement programs defined in this section. The ((adopted ten-year))
sixteen-year investment program must be forwarded as a recommendation
to the governor and the legislature. 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 analysis process must ensure the identification of
problems and deficiencies, the evaluation of alternative solutions and
trade-offs, and estimations of the costs and benefits of prospective
projects. ((The investment program must be revised based on directions
by the office of financial management.)) The investment program must
be based upon the needs identified in the state-owned highway component
of the statewide comprehensive 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 ((ten-year)) sixteen-year investment program for
preservation must identify projects for two years and an investment
plan for the remaining eight 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 ((ten-year)) sixteen-year investment program for improvements must identify projects for two
years and major deficiencies proposed to be addressed in the ((ten-year)) sixteen-year period giving consideration to relative benefits
and life-cycle costing. The ((transportation commission)) program
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)) department shall ((approve and
present)) submit the comprehensive ((ten-year)) sixteen-year investment
program to the governor and the legislature as directed by the office
of financial management.
Sec. 12 RCW 47.05.035 and 2005 c 319 s 10 are each amended to
read as follows:
(1) The department shall use the transportation demand modeling
tools developed under subsection (2) of this section to evaluate
investments based on the best mode or improvement, or mix of modes and
improvements, to meet current and future long-term demand within a
corridor or system for the lowest cost. The end result of these demand
modeling tools is to provide a cost-benefit analysis by which the
department can determine the relative mobility improvement and
congestion relief each mode or improvement under consideration will
provide and the relative investment each mode or improvement under
consideration will need to achieve that relief.
(2) The department will participate in the refinement, enhancement,
and application of existing transportation demand modeling tools to be
used to evaluate investments. This participation and use of
transportation demand modeling tools will be phased in.
(3) In developing program objectives and performance measures, the
department shall evaluate investment trade-offs between the
preservation and improvement programs. In making these investment
trade-offs, the department shall evaluate, using cost-benefit
techniques, roadway and bridge maintenance activities as compared to
roadway and bridge preservation program activities and adjust those
programs accordingly.
(4) The department shall allocate the estimated revenue between
preservation and improvement programs giving primary consideration to
the following factors:
(a) The relative needs in each of the programs and the system
performance levels that can be achieved by meeting these needs;
(b) The need to provide adequate funding for preservation to
protect the state's investment in its existing highway system;
(c) The continuity of future transportation development with those
improvements previously programmed; and
(d) The availability of dedicated funds for a specific type of
work.
(5) The ((commission)) office of financial management shall review
the results of the department's findings and shall consider those
findings in the development of the ((ten-year)) sixteen-year program.
Sec. 13 RCW 47.05.051 and 2005 c 319 s 11 are each amended to
read as follows:
(((1))) The comprehensive ((ten-year)) sixteen-year investment
program shall be based upon the needs identified in the state-owned
highway component of the statewide ((multimodal)) comprehensive
transportation plan ((as defined in RCW 47.01.071(4))) and priority
selection systems that incorporate the following criteria:
(((a))) (1) Priority programming for the preservation program shall
take into account the following, not necessarily in order of
importance:
(((i))) (a) Extending the service life of the existing highway
system, including using the most cost-effective pavement surfaces,
considering:
(((A))) (i) Life-cycle cost analysis;
(((B))) (ii) Traffic volume;
(((C))) (iii) Subgrade soil conditions;
(((D))) (iv) Environmental and weather conditions;
(((E))) (v) Materials available; and
(((F))) (vi) Construction factors;
(((ii))) (b) Ensuring the structural ability to carry loads imposed
upon highways and bridges; and
(((iii))) (c) Minimizing life-cycle costs. ((The transportation
commission in carrying out the provisions of this section may delegate
to the department of transportation the authority to select
preservation projects to be included in the ten-year program.)) (2) Priority programming for the improvement program must be
based primarily upon the following, not necessarily in order of
importance:
(b)
(((i))) (a) Traffic congestion, delay, and accidents;
(((ii))) (b) Location within a heavily traveled transportation
corridor;
(((iii))) (c) Except for projects in cities having a population of
less than five thousand persons, synchronization with other potential
transportation projects, including transit and multimodal projects,
within the heavily traveled corridor; and
(((iv))) (d) Use of benefit/cost analysis wherever feasible to
determine the value of the proposed project.
(((c))) (3) Priority programming for the improvement program may
also take into account:
(((i))) (a) Support for the state's economy, including job creation
and job preservation;
(((ii))) (b) The cost-effective movement of people and goods;
(((iii))) (c) Accident and accident risk reduction;
(((iv))) (d) Protection of the state's natural environment;
(((v))) (e) Continuity and systematic development of the highway
transportation network;
(((vi))) (f) Consistency with local comprehensive plans developed
under chapter 36.70A RCW including the following if they have been
included in the comprehensive plan:
(((A))) (i) Support for development in and revitalization of
existing downtowns;
(((B))) (ii) Extent that development implements local comprehensive
plans for rural and urban residential and nonresidential densities;
(((C))) (iii) Extent of compact, transit-oriented development for
rural and urban residential and nonresidential densities;
(((D))) (iv) Opportunities for multimodal transportation; and
(((E))) (v) Extent to which the project accommodates planned growth
and economic development;
(((vii))) (g) Consistency with regional transportation plans
developed under chapter 47.80 RCW;
(((viii))) (h) Public views concerning proposed improvements;
(((ix))) (i) The conservation of energy resources;
(((x))) (j) Feasibility of financing the full proposed improvement;
(((xi))) (k) Commitments established in previous legislative
sessions;
(((xii))) (l) Relative costs and benefits of candidate programs.
(((d) Major projects addressing capacity deficiencies which
prioritize allowing for preliminary engineering shall be reprioritized
during the succeeding biennium, based upon updated project data.
Reprioritized projects may be delayed or canceled by the transportation
commission if higher priority projects are awaiting funding.))
(e) Major project approvals which significantly increase a
project's scope or cost from original prioritization estimates shall
include a review of the project's estimated revised priority rank and
the level of funding provided. Projects may be delayed or canceled by
the transportation commission if higher priority projects are awaiting
funding.
(2) The commission may depart from the priority programming
established under subsection (1) of this section: (a) To the extent
that otherwise funds cannot be utilized feasibly within the program;
(b) as may be required by a court judgment, legally binding agreement,
or state and federal laws and regulations; (c) as may be required to
coordinate with federal, local, or other state agency construction
projects; (d) to take advantage of some substantial financial benefit
that may be available; (e) for continuity of route development; or (f)
because of changed financial or physical conditions of an unforeseen or
emergent nature. The commission or secretary of transportation shall
maintain in its files information sufficient to show the extent to
which the commission has departed from the established priority.
(3) The commission shall identify those projects that yield freight
mobility benefits or that alleviate the impacts of freight mobility
upon affected communities.
Sec. 14 RCW 36.57A.191 and 2003 c 363 s 304 are each amended to
read as follows:
As a condition of receiving state funding, a public transportation
benefit area authority shall submit a maintenance and preservation
management plan for certification by the ((transportation commission or
its successor entity)) department of transportation's office of transit
mobility. The plan must inventory all transportation system assets
within the direction and control of the authority, and provide a
preservation plan based on lowest life-cycle cost methodologies.
Sec. 15 RCW 36.78.121 and 2003 c 363 s 307 are each amended to
read as follows:
The county road administration board, or its successor entity,
shall establish a standard of good practice for maintenance of
transportation system assets. This standard must be implemented by all
counties no later than December 31, 2007. The board shall develop a
model maintenance management system for use by counties. The board
shall develop rules to assist the counties in the implementation of
this system. Counties shall annually submit their maintenance plans to
the board. The board shall compile the county data regarding
maintenance management and annually submit it to the ((transportation
commission or its successor entity)) department of transportation's
office of transit mobility.
Sec. 16 RCW 36.79.120 and 1988 c 26 s 6 are each amended to read
as follows:
Counties receiving funds from the rural arterial trust account for
construction of arterials and the construction of replacement bridges
funded by the federal bridge replacement program on access roads in
rural areas shall provide such matching funds as established by rules
recommended by the board, subject to review, revision, and final
approval by the ((state)) department of transportation ((commission)).
Matching requirements shall be established after appropriate studies by
the board, taking into account financial resources available to
counties to meet arterial needs.
Sec. 17 RCW 36.79.130 and 1983 1st ex.s. c 49 s 13 are each
amended to read as follows:
Not later than November 1st of each even-numbered year the board
shall prepare and present to the ((state)) department of transportation
((commission)) a recommended budget for expenditures from the rural
arterial trust account during the ensuing biennium. The budget shall
contain an estimate of the revenues to be credited to the rural
arterial trust account.
The ((state transportation commission)) department shall review the
budget as recommended, revise the budget as it deems proper, and
include the budget as revised as a separate section of the
transportation budget which it shall submit to the governor pursuant to
chapter 43.88 RCW.
Sec. 18 RCW 36.120.020 and 2002 c 56 s 102 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Board" means the governing body of a regional transportation
investment district.
(2) "Department" means the Washington state department of
transportation.
(3) "Highway of statewide significance" means an existing or
proposed state route or federal interstate designated as a highway of
statewide significance by the transportation commission, ((its
successor entity)) the department, 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 designated
by the district.
(5) "Regional transportation investment district" or "district"
means a municipal corporation whose boundaries are coextensive with two
or more contiguous counties and that has been created by county
legislative authorities and a vote of the people under this chapter to
implement a regional transportation investment plan.
(6) "Regional transportation investment district planning
committee" or "planning committee" means the advisory committee created
under RCW 36.120.030 to create and propose to county legislative
authorities a regional transportation investment plan to develop,
finance, and construct transportation projects.
(7) "Regional transportation investment plan" or "plan" means a
plan to develop, construct, and finance a transportation project or
projects.
(8) "Transportation project" means:
(a) A capital improvement or improvements to a highway that has
been designated, in whole or in part, as a highway of statewide
significance, including an extension, that:
(i) Adds a lane or new lanes to an existing state or federal
highway; or
(ii) Repairs or replaces a lane or lanes damaged by an event
declared an emergency by the governor before January 1, 2002.
(b) A capital improvement or improvements to all or a portion of a
highway of statewide significance, including an extension, and may
include the following associated multimodal capital improvements:
(i) Approaches to highways of statewide significance;
(ii) High-occupancy 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 transportation
system management improvements.
(c) A capital improvement or improvements to all or a portion of a
city street, county road, or existing highway or the creation of a new
highway that intersects with a highway of statewide significance, if
all of the following conditions are met:
(i) The project is included in a plan that makes highway
improvement projects that add capacity to a highway or highways of
statewide significance;
(ii) The secretary of transportation determines that the project
would better relieve traffic congestion than investing that same money
in adding capacity to a highway of statewide significance;
(iii) Matching money equal to one-third of the total cost of the
project is provided by local entities, including but not limited to a
metropolitan planning organization, county, city, port, or private
entity in which a county participating in a plan is located. Local
entities may use federal grants to meet this matching requirement;
(iv) In no case may the cumulative regional transportation
investment district contribution to all projects constructed under this
subsection (8)(c) exceed ten percent of the revenues generated by the
district;
(v) In no case may the cumulative regional transportation
investment district contribution to all projects constructed under this
subsection (8)(c) exceed one billion dollars; and
(vi) The specific projects are included within the plan and
submitted as part of the plan to a vote of the people.
(d) Operations, preservation, and maintenance are excluded from
this definition and may not be included in a regional transportation
investment plan.
(9) "Weighted vote" means a vote that reflects the population each
board or planning committee member represents relative to the
population represented by the total membership of the board or planning
committee. Population will be determined using the federal 2000 census
or subsequent federal census data.
Sec. 19 RCW 36.120.060 and 2002 c 56 s 106 are each amended to
read as follows:
(1) The planning committee shall consider the following criteria
for selecting transportation projects to improve corridor performance:
(a) Reduced level of congestion and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period person and vehicle trip
capacity;
(e) Reductions in person and vehicle delay;
(f) Improved freight mobility; and
(g) Cost-effectiveness of the investment.
(2) These criteria represent only minimum standards that must be
considered in selecting transportation improvement projects. The board
shall also consider rules and standards for benchmarks adopted by the
((transportation commission or its successor)) department as approved
by the office of financial management.
Sec. 20 RCW 43.10.101 and 2005 c 319 s 104 are each amended to
read as follows:
The attorney general shall prepare annually a report to the
transportation committees of the legislature, ((the transportation
commission)) the governor, the office of financial management, and
((the transportation performance audit board)) the Washington state
department of transportation comprising a comprehensive summary of all
cases involving tort claims against the department of transportation
involving highways which were concluded and closed in the previous
calendar year. The report shall include for each case closed:
(1) A summary of the factual background of the case;
(2) Identification of the attorneys representing the state and the
opposing parties;
(3) A synopsis of the legal theories asserted and the defenses
presented;
(4) Whether the case was tried, settled, or dismissed, and in whose
favor;
(5) The approximate number of attorney hours expended by the state
on the case, together with the corresponding dollar amount billed
therefore; and
(6) Such other matters relating to the case as the attorney general
deems relevant or appropriate, especially including any comments or
recommendations for changes in statute law or agency practice that
might effectively reduce the exposure of the state to such tort claims.
Sec. 21 RCW 46.44.042 and 1996 c 116 s 1 are each amended to read
as follows:
Subject to the maximum gross weights specified in RCW 46.44.041, it
is unlawful to operate any vehicle upon the public highways with a
gross weight, including load, upon any tire concentrated upon the
surface of the highway in excess of six hundred pounds per inch width
of such tire. An axle manufactured after July 31, 1993, carrying more
than ten thousand pounds gross weight must be equipped with four or
more tires. ((Effective January 1, 1997,)) An axle carrying more than
ten thousand pounds gross weight must have four or more tires,
regardless of date of manufacture. Instead of the four or more tires
per axle requirements of this section, an axle may be equipped with two
tires limited to five hundred pounds per inch width of tire. This
section does not apply to vehicles operating under oversize or
overweight permits, or both, issued under RCW 46.44.090, while carrying
a nonreducible load.
The following equipment may operate at six hundred pounds per inch
width of tire: (1) A nonliftable steering axle or axles on the power
unit; (2) a tiller axle on fire fighting apparatus; (3) a rear booster
trailing axle equipped with two tires on a ready-mix concrete transit
truck; and (4) a straddle trailer manufactured before January 1, 1996,
equipped with single-tire axles or a single axle using a walking beam
supported by two in-line single tires and used exclusively for the
transport of fruit bins between field, storage, and processing. A
straddle trailer manufactured after January 1, 1996, meeting this use
criteria may carry five hundred fifteen pounds per inch width of tire
on sixteen and one-half inch wide tires.
For the purpose of this section, the width of tire in case of solid
rubber or hollow center cushion tires, so long as the use thereof may
be permitted by the law, shall be measured between the flanges of the
rim. For the purpose of this section, the width of tires in case of
pneumatic tires shall be the maximum overall normal inflated width as
stipulated by the manufacturer when inflated to the pressure specified
and without load thereon.
The department of transportation, ((under rules adopted by the
transportation commission)) by rule with respect to state highways, and
a local authority, with respect to a public highway under its
jurisdiction, may extend the weight table in RCW 46.44.041 to one
hundred fifteen thousand pounds. However, the extension must be in
compliance with federal law, and vehicles operating under the extension
must be in full compliance with the 1997 axle and tire requirements
under this section.
Sec. 22 RCW 46.44.080 and 1977 ex.s. c 151 s 29 are each amended
to read as follows:
Local authorities with respect to public highways under their
jurisdiction may prohibit the operation thereon of motor trucks or
other vehicles or may impose limits as to the weight thereof, or any
other restrictions as may be deemed necessary, whenever any such public
highway by reason of rain, snow, climatic or other conditions, will be
seriously damaged or destroyed unless the operation of vehicles thereon
be prohibited or restricted or the permissible weights thereof reduced:
PROVIDED, That whenever a highway has been closed generally to vehicles
or specified classes of vehicles, local authorities shall by general
rule or by special permit authorize the operation thereon of school
buses, emergency vehicles, and motor trucks transporting perishable
commodities or commodities necessary for the health and welfare of
local residents under such weight and speed restrictions as the local
authorities deem necessary to protect the highway from undue damage:
PROVIDED FURTHER, That the governing authorities of incorporated cities
and towns shall not prohibit the use of any city street designated ((by
the transportation commission as forming)) a part of the route of any
primary state highway through any such incorporated city or town by
vehicles or any class of vehicles or impose any restrictions or
reductions in permissible weights unless such restriction, limitation,
or prohibition, or reduction in permissible weights be first approved
in writing by the department of transportation.
The local authorities imposing any such restrictions or
limitations, or prohibiting any use or reducing the permissible weights
shall do so by proper ordinance or resolution and shall erect or cause
to be erected and maintained signs designating the provisions of the
ordinance or resolution in each end of the portion of any public
highway affected thereby, and no such ordinance or resolution shall be
effective unless and until such signs are erected and maintained.
The department shall have the same authority as hereinabove granted
to local authorities to prohibit or restrict the operation of vehicles
upon state highways. The department shall give public notice of
closure or restriction. The department may issue special permits for
the operation of school buses and motor trucks transporting perishable
commodities or commodities necessary for the health and welfare of
local residents under specified weight and speed restrictions as may be
necessary to protect any state highway from undue damage.
Sec. 23 RCW 46.44.090 and 2001 c 262 s 1 are each amended to read
as follows:
The department of transportation, pursuant to its rules ((adopted
by the transportation commission)) with respect to state highways, and
local authorities, with respect to public highways under their
jurisdiction, may, upon application in writing and good cause being
shown therefor, issue a special permit in writing, or electronically,
authorizing the applicant to operate or move a vehicle or combination
of vehicles of a size, weight of vehicle, or load exceeding the maximum
set forth in RCW 46.44.010, 46.44.020, 46.44.030, 46.44.034, and
46.44.041 upon any public highway under the jurisdiction of the
authority granting such permit and for the maintenance of which such
authority is responsible.
Sec. 24 RCW 46.44.092 and 1989 c 398 s 2 are each amended to read
as follows:
Special permits may not be issued for movements on any state
highway outside the limits of any city or town in excess of the
following widths:
On two-lane highways, fourteen feet;
On multiple-lane highways where a physical barrier serving as a
median divider separates opposing traffic lanes, twenty feet;
On multiple-lane highways without a physical barrier serving as a
median divider, thirty-two feet.
These limits apply except under the following conditions:
(1) In the case of buildings, the limitations referred to in this
section for movement on any two lane state highway other than the
national system of interstate and defense highways may be exceeded
under the following conditions: (a) Controlled vehicular traffic shall
be maintained in one direction at all times; (b) the maximum distance
of movement shall not exceed five miles; additional contiguous permits
shall not be issued to exceed the five-mile limit: PROVIDED, That when
the department of transportation((, pursuant to general rules adopted
by the transportation commission,)) determines a hardship would result,
this limitation may be exceeded upon approval of the department of
transportation; (c) prior to issuing a permit a qualified
transportation department employee shall make a visual inspection of
the building and route involved determining that the conditions listed
herein shall be complied with and that structures or overhead
obstructions may be cleared or moved in order to maintain a constant
and uninterrupted movement of the building; (d) special escort or other
precautions may be imposed to assure movement is made under the safest
possible conditions, and the Washington state patrol shall be advised
when and where the movement is to be made;
(2) Permits may be issued for widths of vehicles in excess of the
preceding limitations on highways or sections of highways which have
been designed and constructed for width in excess of such limitations;
(3) Permits may be issued for vehicles with a total outside width,
including the load, of nine feet or less when the vehicle is equipped
with a mechanism designed to cover the load pursuant to RCW 46.61.655;
(4) These limitations may be rescinded when certification is made
by military officials, or by officials of public or private power
facilities, or when in the opinion of the department of transportation
the movement or action is a necessary movement or action: PROVIDED
FURTHER, That in the judgment of the department of transportation the
structures and highway surfaces on the routes involved are capable of
sustaining widths in excess of such limitation;
(5) These limitations shall not apply to movement during daylight
hours on any two lane state highway where the gross weight, including
load, does not exceed eighty thousand pounds and the overall width of
load does not exceed sixteen feet: PROVIDED, That the minimum and
maximum speed of such movements, prescribed routes of such movements,
the times of such movements, limitation upon frequency of trips (which
limitation shall be not less than one per week), and conditions to
assure safety of traffic may be prescribed by the department of
transportation or local authority issuing such special permit.
The applicant for any special permit shall specifically describe
the vehicle or vehicles and load to be operated or moved and the
particular state highways for which permit to operate is requested and
whether such permit is requested for a single trip or for continuous
operation.
Sec. 25 RCW 46.44.096 and 1996 c 92 s 1 are each amended to read
as follows:
In determining fees according to RCW 46.44.0941, mileage on state
primary and secondary highways shall be determined from the planning
survey records of the department of transportation, and the gross
weight of the vehicle or vehicles, including load, shall be declared by
the applicant. Overweight on which fees shall be paid will be gross
loadings in excess of loadings authorized by law or axle loadings in
excess of loadings authorized by law, whichever is the greater. Loads
which are overweight and oversize shall be charged the fee for the
overweight permit without additional fees being assessed for the
oversize features.
Special permits issued under RCW 46.44.047, 46.44.0941, or
46.44.095, may be obtained from offices of the department of
transportation, ports of entry, or other agents appointed by the
department.
The department may appoint agents for the purposes of selling
special motor vehicle permits, temporary additional tonnage permits,
and log tolerance permits. Agents so appointed may retain three
dollars and fifty cents for each permit sold to defray expenses
incurred in handling and selling the permits. If the fee is collected
by the department of transportation, the department shall certify the
fee so collected to the state treasurer for deposit to the credit of
the motor vehicle fund.
The department may select a third party contractor, by means of
competitive bid, to perform the department's permit issuance function,
as provided under RCW 46.44.090. Factors the department shall
consider, but is not limited to, in the selection of a third party
contractor are economic benefit to both the department and the motor
carrier industry, and enhancement of the overall level of permit
service. For purposes of this section, "third party contractor" means
a business entity that is authorized by the department to issue special
permits. The department of transportation ((commission)) may adopt
rules specifying the criteria that a business entity must meet in order
to qualify as a third party contractor under this section.
Fees established in RCW 46.44.0941 shall be paid to the political
body issuing the permit if the entire movement is to be confined to
roads, streets, or highways for which that political body is
responsible. When a movement involves a combination of state highways,
county roads, and/or city streets the fee shall be paid to the
((state)) department of transportation. When a movement is confined
within the city limits of a city or town upon city streets, including
routes of state highways on city streets, all fees shall be paid to the
city or town involved. A permit will not be required from city or town
authorities for a move involving a combination of city or town streets
and state highways when the move through a city or town is being
confined to the route of the state highway. When a move involves a
combination of county roads and city streets the fee shall be paid to
the county authorities, but the fee shall not be collected nor the
county permit issued until valid permits are presented showing that the
city or town authorities approve of the move in question. When the
movement involves only county roads the fees collected shall be paid to
the county involved. Fees established shall be paid to the political
body issuing the permit if the entire use of the vehicle during the
period covered by the permit shall be confined to the roads, streets,
or highways for which that political body is responsible.
Sec. 26 RCW 46.61.450 and 1977 ex.s. c 151 s 39 are each amended
to read as follows:
It shall be unlawful for any person to operate a vehicle or any
combination of vehicles over any bridge or other elevated structure or
through any tunnel or underpass constituting a part of any public
highway at a rate of speed or with a gross weight or of a size which is
greater at any time than the maximum speed or maximum weight or size
which can be maintained or carried with safety over any such bridge or
structure or through any such tunnel or underpass when such bridge,
structure, tunnel, or underpass is sign posted as hereinafter provided.
The secretary of transportation, if it be a bridge, structure, tunnel,
or underpass upon a state highway, or the governing body or authorities
of any county, city, or town, if it be upon roads or streets under
their jurisdiction, may restrict the speed which may be maintained or
the gross weight or size which may be operated upon or over any such
bridge or elevated structure or through any such tunnel or underpass
with safety thereto. The secretary or the governing body or
authorities of any county, city, or town having jurisdiction shall
determine and declare the maximum speed or maximum gross weight or size
which such bridge, elevated structure, tunnel, or underpass can
withstand or accommodate and shall cause suitable signs stating such
maximum speed or maximum gross weight, or size, or either, to be
erected and maintained on the right hand side of such highway, road, or
street and at a distance of not less than one hundred feet from each
end of such bridge, structure, tunnel, or underpass and on the approach
thereto: PROVIDED, That in the event that any such bridge, elevated
structure, tunnel, or underpass is upon a city street designated by the
department of transportation ((commission)) as forming a part of the
route of any state highway through any such incorporated city or town
the determination of any maximum speed or maximum gross weight or size
which such bridge, elevated structure, tunnel, or underpass can
withstand or accommodate shall not be enforceable at any speed, weight,
or size less than the maximum allowed by law, unless with the approval
in writing of the secretary. Upon the trial of any person charged with
a violation of this section, proof of either violation of maximum speed
or maximum weight, or size, or either, and the distance and location of
such signs as are required, shall constitute conclusive evidence of the
maximum speed or maximum weight, or size, or either, which can be
maintained or carried with safety over such bridge or elevated
structure or through such tunnel or underpass.
Sec. 27 RCW 46.68.113 and 2003 c 363 s 305 are each amended to
read as follows:
During the 2003-2005 biennium, cities and towns shall provide to
the transportation commission, or its successor entity, preservation
rating information on at least seventy percent of the total city and
town arterial network. Thereafter, the preservation rating information
requirement shall increase in five percent increments in subsequent
biennia. The rating system used by cities and towns must be based upon
the Washington state pavement rating method or an equivalent standard
approved by the department of transportation ((commission or its
successor entity)). Beginning January 1, 2007, the preservation rating
information shall be submitted to the department.
Sec. 28 RCW 47.68.410 and 2005 c 316 s 3 are each amended to read
as follows:
(1) Upon completion of both the statewide assessment and analysis
required under RCW 47.68.390 and 47.68.400, and to the extent funds are
appropriated to the department for this purpose, the governor shall
appoint an aviation planning council to consist of the following
members: (a) The director of the aviation division of the department
of transportation, or a designee; (b) the director of the department of
community, trade, and economic development, or a designee; (c) ((a
member of the transportation commission,)) an at large who shall be the
chair of the council; (d) two members of the general public familiar
with airport issues, including the impacts of airports on communities,
one of whom must be from western Washington and one of whom must be
from eastern Washington; (e) a technical expert familiar with federal
aviation administration airspace and control issues; (f) a commercial
airport operator; (g) a member of a growth management hearings board;
(h) a representative of the Washington airport management association;
and (i) an airline representative. The chair of the council may
designate another councilmember to serve as the acting chair in the
absence of the chair. The department of transportation shall provide
all administrative and staff support for the council.
(2) The purpose of the council is to make recommendations, based on
the findings of the assessment and analysis completed under RCW
47.68.390 and 47.68.400, regarding how best to meet the statewide
commercial and general aviation capacity needs, as determined by the
council. The council shall determine which regions of the state are in
need of improvement regarding the matching of existing, or projected,
airport facilities, and the long-range capacity needs at airports
within the region expected to reach capacity before the year 2030.
After determining these areas, the council shall make recommendations
regarding the placement of future commercial and general aviation
airport facilities designed to meet the need for improved aviation
planning in the region. The council shall include public input in
making final recommendations.
(3) The council shall submit its recommendations to the appropriate
standing committees of the legislature, the governor, ((the
transportation commission,)) and applicable regional transportation
planning organizations.
(4) This section expires July 1, 2009.
Sec. 29 RCW 47.28.010 and 1977 ex.s. c 151 s 59 are each amended
to read as follows:
Whenever the general route of any state highway shall be designated
and laid out as running to or by way of certain designated points,
without specifying the particular route to be followed to or by way of
such points, the ((transportation commission)) department shall
determine the particular route to be followed by said state highway to
or by way of said designated points, and shall be at liberty to select
and adopt as a part of such state highway, the whole or any part of any
existing public highway previously designated as a county road, primary
road, or secondary road or now or hereafter classified as a county
road. The ((commission)) department need not select and adopt the
entire routes for such state highways at one time, but may select and
adopt parts of such routes from time to time as it deems advisable.
Where a state highway is designated as passing by way of a certain
point, this shall not require the ((commission)) department to cause
such state highway to pass through or touch such point but such
designation is directional only and may be complied with by location in
the general vicinity. The department ((of transportation)) is
empowered to construct as a part of any state highway as designated and
in addition to any portion meeting the limits of any incorporated city
or town a bypass section either through or around any such incorporated
city or town.
Sec. 30 RCW 47.28.170 and 1990 c 265 s 1 are each amended to read
as follows:
(1) Whenever the department finds that as a consequence of
accident, natural disaster, or other emergency, an existing state
highway is in jeopardy or is rendered impassible in one or both
directions and the department further finds that prompt reconstruction,
repair, or other work is needed to preserve or restore the highway for
public travel, the department may obtain at least three written bids
for the work without publishing a call for bids, and the secretary of
transportation may award a contract forthwith to the lowest responsible
bidder.
The department shall notify any association or organization of
contractors filing a request to regularly receive notification.
Notification to an association or organization of contractors shall
include: (a) The location of the work to be done; (b) the general
anticipated nature of the work to be done; and (c) the date determined
by the department as reasonable in view of the nature of the work and
emergent nature of the problem after which the department will not
receive bids.
(2) Whenever the department finds it necessary to protect a highway
facility from imminent damage or to perform emergency work to reopen a
highway facility, the department may contract for such work on a
negotiated basis not to exceed force account rates for a period not to
exceed thirty working days.
(3) The secretary shall review any contract exceeding ((two)) seven
hundred thousand dollars awarded under subsection (1) or (2) of this
section with the ((transportation commission at its next regularly
scheduled meeting)) office of financial management within thirty days
of the contract award.
(4) Any person, firm, or corporation awarded a contract for work
must be prequalified pursuant to RCW 47.28.070 and may be required to
furnish a bid deposit or performance bond.
Sec. 31 RCW 47.38.060 and 1996 c 172 s 1 are each amended to read
as follows:
The ((transportation commission)) department may designate
interstate safety rest areas, as appropriate, as locations for memorial
signs to prisoners of war and those missing in action. The
((commission)) department shall adopt policies for the placement of
memorial signs on interstate safety rest areas and may disapprove any
memorial sign that it determines to be inappropriate or inconsistent
with the policies. The policies shall include, but are not limited to,
guidelines for the size and location of and inscriptions on memorial
signs. The secretary shall adopt rules for administering this program.
Nonprofit associations may have their name identified on a memorial
sign if the association bears the cost of supplying and maintaining the
memorial sign.
Sec. 32 RCW 47.52.133 and 1987 c 200 s 2 are each amended to read
as follows:
Except as provided in RCW 47.52.134, the ((transportation
commission)) department and the highway authorities of the counties and
incorporated cities and towns, with regard to facilities under their
respective jurisdictions, prior to the establishment of any limited
access facility, shall hold a public hearing within the county, city,
or town wherein the limited access facility is to be established to
determine the desirability of the plan proposed by such authority.
Notice of such hearing shall be given to the owners of property
abutting the section of any existing highway, road, or street being
established as a limited access facility, as indicated in the tax rolls
of the county, and in the case of a state limited access facility, to
the county and/or city or town. Such notice shall be by United States
mail in writing, setting forth a time for the hearing, which time shall
be not less than fifteen days after mailing of such notice. Notice of
such hearing also shall be given by publication not less than fifteen
days prior to such hearing in one or more newspapers of general
circulation within the county, city, or town. Such notice by
publication shall be deemed sufficient as to any owner or reputed owner
or any unknown owner or owner who cannot be located. Such notice shall
indicate a suitable location where plans for such proposal may be
inspected.
Sec. 33 RCW 47.52.145 and 1981 c 95 s 2 are each amended to read
as follows:
((Whenever)) After ((the)) final adoption of a ((plan for a))
limited access highway by the ((transportation commission)) department,
an additional design public hearing with respect to the facility or any
portion thereof is conducted pursuant to federal law resulting in a
revision of the design of the limited access plan, the ((commission))
department may modify the previously adopted limited access plan to
conform to the revised design without further public hearings providing
the following conditions are met:
(1) As compared with the previously adopted limited access plan,
the revised plan will not require additional or different right of way
with respect to that section of highway for which the design has been
revised, in excess of five percent by area; and
(2) If the previously adopted limited access plan was modified by
a board of review convened at the request of a county, city, or town,
the legislative authority of the county, city, or town shall approve
any revisions of the plan which conflict with modifications ordered by
the board of review.
Sec. 34 RCW 47.52.210 and 1981 c 95 s 3 are each amended to read
as follows:
(1) Whenever the ((transportation commission)) department adopts a
plan for a limited access highway to be constructed within the
corporate limits of a city or town which incorporates existing city or
town streets, title to such streets shall remain in the city or town,
and the provisions of RCW 47.24.020 as now or hereafter amended shall
continue to apply to such streets until such time that the highway is
operated as either a partially or fully controlled access highway.
Title to and full control over that portion of the city or town street
incorporated into the limited access highway shall be vested in the
state upon a declaration by the secretary of transportation that such
highway is operational as a limited access facility, but in no event
prior to the acquisition of right of way for such highway including
access rights, and not later than the final completion of construction
of such highway.
(2) Upon the completion of construction of a state limited access
highway within a city or town, the department of transportation may
relinquish to the city or town streets constructed or improved as a
functional part of the limited access highway, slope easements,
landscaping areas, and other related improvements to be maintained and
operated by the city or town in accordance with the limited access
plan. Title to such property relinquished to a city or town shall be
conveyed by a deed executed by the secretary of transportation and duly
acknowledged. Relinquishment of such property to the city or town may
be expressly conditioned upon the maintenance of access control
acquired by the state and the continued operation of such property as
a functional part of the limited access highway.
Sec. 35 RCW 47.60.330 and 2003 c 374 s 5 are each amended to read
as follows:
(1) Before a substantial expansion or curtailment in the level of
service provided to ferry users, or a revision in the schedule of ferry
tolls or charges, the department ((of transportation)) shall consult
with affected ferry users. The consultation shall be: (a) By public
hearing in affected local communities; (b) by review with the affected
ferry advisory committees pursuant to RCW 47.60.310; (c) by conducting
a survey of affected ferry users; or (d) by any combination of (a)
through (c). Promotional, discount, and special event fares that are
not part of the published schedule of ferry charges or tolls are
exempt. The department shall report an accounting of all exempt
revenues to the transportation commission and the office of financial
management each fiscal year.
(2) There is created a ferry system productivity council consisting
of a representative of each ferry advisory committee empanelled under
RCW 47.60.310, elected by the members thereof, and two representatives
of employees of the ferry system appointed by mutual agreement of all
of the unions representing ferry employees, which shall meet from time
to time with ferry system management to discuss means of improving
ferry system productivity.
(3) Before increasing ferry tolls the department of transportation
shall consider ((all possible)) cost reductions with full public
participation as provided in subsection (1) of this section and,
consistent with public policy, shall consider adapting service levels
equitably on a route-by-route basis to reflect trends in and forecasts
of traffic usage. ((Forecasts of traffic levels shall be developed by
the bond covenant traffic engineering firm appointed under the
provisions of RCW 47.60.450. Provisions of this section shall not
alter obligations under RCW 47.60.450.)) Before including any toll
increase in a budget proposal ((by the commission)), the department
((of transportation)) shall consult with affected ferry users in the
manner prescribed in (1)(b) of this section plus the procedure of
either (1)(a) or (c) of this section.
Sec. 36 RCW 47.68.390 and 2005 c 316 s 1 are each amended to read
as follows:
(1) The aviation division of the department of transportation shall
conduct a statewide airport capacity and facilities assessment. The
assessment must include a statewide analysis of existing airport
facilities, and passenger and air cargo transportation capacity,
regarding both commercial aviation and general aviation; however, the
primary focus of the assessment must be on commercial aviation. The
assessment must at a minimum address the following issues:
(a) Existing airport facilities, both commercial and general
aviation, including air side, land side, and airport service
facilities;
(b) Existing air and airport capacity, including the number of
annual passengers and air cargo operations;
(c) Existing airport services, including fixed based operator
services, fuel services, and ground services; and
(d) Existing airspace capacity.
(2) The department shall consider existing information, technical
analyses, and other research the department deems appropriate. The
department may contract and consult with private independent
professional and technical experts regarding the assessment.
(3) The department shall submit the assessment to the appropriate
standing committees of the legislature, the governor, ((the
transportation commission,)) and regional transportation planning
organizations by July 1, 2006.
Sec. 37 RCW 47.68.400 and 2005 c 316 s 2 are each amended to read
as follows:
(1) After submitting the assessment under RCW 47.68.390, the
aviation division of the department of transportation shall conduct a
statewide airport capacity and facilities market analysis. The
analysis must include a statewide needs analysis of airport facilities,
passenger and air cargo transportation capacity, and demand and
forecast market needs over the next twenty-five years with a more
detailed analysis of the Puget Sound, southwest Washington, Spokane,
and Tri-Cities regions. The analysis must address the forecasted needs
of both commercial aviation and general aviation; however, the primary
focus of the analysis must be on commercial aviation. The analysis
must at a minimum address the following issues:
(a) A forecast of future airport facility needs based on passenger
and air cargo operations and demand, airline planning, and a
determination of aviation trends, demographic, geographic, and market
factors that may affect future air travel demand;
(b) A determination of when the state's existing commercial service
airports will reach their capacity;
(c) The factors that may affect future air travel and when capacity
may be reached and in which location;
(d) The role of the state, metropolitan planning organizations,
regional transportation planning organizations, the federal aviation
administration, and airport sponsors in addressing statewide airport
facilities and capacity needs; and
(e) Whether the state, metropolitan planning organizations,
regional transportation planning organizations, the federal aviation
administration, or airport sponsors have identified options for
addressing long-range capacity needs at airports, or in regions, that
will reach capacity before the year 2030.
(2) The department shall consider existing information, technical
analyses, and other research the department deems appropriate. The
department may contract and consult with private independent
professional and technical experts regarding the analysis.
(3) The department shall submit the analysis to the appropriate
standing committees of the legislature, the governor, ((the
transportation commission,)) and regional transportation planning
organizations by July 1, 2007.
Sec. 38 RCW 81.112.086 and 2003 c 363 s 306 are each amended to
read as follows:
As a condition of receiving state funding, a regional transit
authority shall submit a maintenance and preservation management plan
for certification by the ((transportation commission or its successor
entity)) department of transportation's office of transit mobility.
The plan must inventory all transportation system assets within the
direction and control of the transit authority, and provide a plan for
preservation of assets based on lowest life-cycle cost methodologies.
Sec. 39 RCW 35.58.2795 and 1994 c 158 s 6 are each amended to
read as follows:
By April 1st of each year, the legislative authority of each
municipality, as defined in RCW 35.58.272, and each regional transit
authority shall prepare a six-year transit development plan for that
calendar year and the ensuing five years. The program shall be
consistent with the comprehensive plans adopted by counties, cities,
and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the
inherent authority of a first class city or charter county derived from
its charter, or chapter 36.70A RCW. The program shall contain
information as to how the municipality intends to meet state and local
long-range priorities for public transportation, capital improvements,
significant operating changes planned for the system, and how the
municipality intends to fund program needs. The six-year plan for each
municipality and regional transit authority shall specifically set
forth those projects of regional significance for inclusion in the
transportation improvement program within that region. Each
municipality and regional transit authority shall file the six-year
program with the state department of transportation's office of transit
mobility, the state auditor, the transportation improvement board, and
cities, counties, and regional planning councils within which the
municipality is located.
In developing its program, the municipality and the regional
transit authority shall consider those policy recommendations affecting
public transportation contained in the state transportation policy plan
((approved by the state transportation commission)) and, where
appropriate, adopted by the legislature. The municipality shall
conduct one or more public hearings while developing its program and
for each annual update.
Sec. 40 RCW 36.56.121 and 2003 c 363 s 303 are each amended to
read as follows:
As a condition of receiving state funding, a county that has
assumed the transportation functions of a metropolitan municipal
corporation shall submit a maintenance and preservation management plan
for certification by the ((transportation commission or its successor
entity)) department of transportation's office of transit mobility.
The plan must inventory all transportation system assets within the
direction and control of the county, and provide a preservation plan
based on lowest life-cycle cost methodologies.
Sec. 41 RCW 36.57A.070 and 1985 c 6 s 5 are each amended to read
as follows:
The comprehensive transit plan adopted by the authority shall be
reviewed by the state ((transportation commission to)) department of
transportation's office of transit mobility and the state auditor.
Upon reviewing the plan, the office of transit mobility shall
determine:
(1) The completeness of service to be offered and the economic
viability of the transit system proposed in such comprehensive transit
plan;
(2) Whether such plan integrates the proposed transportation system
with existing transportation modes and systems that serve the benefit
area;
(3) Whether such plan coordinates that area's system and service
with nearby public transportation systems;
(4) Whether such plan is eligible for matching state or federal
funds((;)).
After reviewing the comprehensive transit plan, the state
transportation commission shall have sixty days in which to approve
such plan and to certify to the state treasurer that such public
transportation benefit area shall be eligible to receive the motor
vehicle excise tax proceeds authorized pursuant to RCW 35.58.273, as
now or hereafter amended in the manner prescribed by chapter 82.44 RCW,
as now or hereafter amended. To be approved a plan shall provide for
coordinated transportation planning, the integration of such proposed
transportation program with other transportation systems operating in
areas adjacent to, or in the vicinity of the proposed public
transportation benefit area, and be consistent with the public
transportation coordination criteria adopted pursuant to the urban mass
transportation act of 1964 as amended as of July 1, 1975. In the event
such comprehensive plan is disapproved and ruled ineligible to receive
motor vehicle tax proceeds, the state transportation commission shall
provide written notice to the authority within thirty days as to the
reasons for such plan's disapproval and such ineligibility. The
authority may resubmit such plan upon reconsideration and correction of
such deficiencies in the plan cited in such notice of disapproval
Sec. 42 RCW 47.29.010 and 2005 c 317 s 1 are each amended to read
as follows:
(1) The legislature finds that the public-private
(([transportation])) transportation initiatives act created under
chapter 47.46 RCW has not met the needs and expectations of the public
or private sectors for the development of transportation projects. The
legislature intends to phase out chapter 47.46 RCW coincident with the
completion of the Tacoma Narrows Bridge - SR 16 public-private
partnership. From July 24, 2005, this chapter will provide a more
desirable and effective approach to developing transportation projects
in partnership with the private sector by applying lessons learned from
other states and from this state's ten-year experience with chapter
47.46 RCW.
(2) It is the legislature's intent to achieve the following goals
through the creation of this new approach to public-private
partnerships:
(a) To provide a well-defined mechanism to facilitate the
collaboration between public and private entities in transportation;
(b) To bring innovative thinking from the private sector and other
states to bear on public projects within the state;
(c) To provide greater flexibility in achieving the transportation
projects; and
(d) To allow for creative cost and risk sharing between the public
and private partners.
(3) The legislature intends that the powers granted in this chapter
to the commission or department are in addition to any powers granted
under chapter 47.56 RCW.
(4) It is further the intent of the legislature that ((the
commission shall be responsible for receiving, reviewing, and approving
proposals with technical support of the department; rule making; and
for oversight of contract execution. The department shall be
responsible for evaluating proposals and negotiating contracts)) an
expert review panel be established for each project developed under
this act. Expert review panels shall be responsible for reviewing
selected proposals, analyzing and reviewing tentative agreements, and
making recommendations to the governor on the advisability of executing
agreements under this act.
Sec. 43 RCW 47.29.020 and 2005 c 317 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter.
(1) (("Authority" means the transportation commission.)) "Department" means the department of transportation.
(2) "Commission" means the transportation commission.
(3)
(((4))) (2) "Eligible project" means any project eligible for
development under RCW 47.29.050.
(((5))) (3) "Eligible public works project" means only a project
that meets the criteria of either RCW 47.29.060 (3) or (4).
(((6))) (4) "Expert review panel" means a panel established by the
governor to review tentative agreements and make recommendations to the
governor for approval, rejection, or continued negotiations on a
proposed project agreement.
(5) "Private sector partner" and "private partner" ((means)) mean
a person, entity, or organization that is not the federal government,
a state, or a political subdivision of a state.
(((7))) (6) "Public funds" means all moneys derived from taxes,
fees, charges, tolls, etc.
(((8))) (7) "Public sector partner" and "public partner" ((means))
mean any federal or state unit of government, bistate transportation
organization, or any other political subdivision of any state.
(((9))) (8) "Transportation innovative partnership program" or
"program" means the program as outlined in RCW 47.29.040.
(((10))) (9) "Transportation project" means a project, whether
capital or operating, where the state's primary purpose for the project
is to preserve or facilitate the safe transport of people or goods via
any mode of travel. However, this does not include projects that are
primarily for recreational purposes, such as parks, hiking trails, off-road vehicle trails, etc.
(((11))) (10) "Unit of government" means any department or agency
of the federal government, any state or agency, office, or department
of a state, any city, county, district, commission, authority, entity,
port, or other public corporation organized and existing under
statutory law or under a voter-approved charter or initiative, and any
intergovernmental entity created under chapter 39.34 RCW or this
chapter.
Sec. 44 RCW 47.29.030 and 2005 c 317 s 3 are each amended to read
as follows:
In addition to the powers it now possesses, the ((commission))
department shall:
(1) ((Approve or review contracts or agreements authorized in this
chapter;)) Adopt rules to carry out this chapter and govern the program,
which at a minimum must address the following issues:
(2)
(a) The types of projects allowed; however, all allowed projects
must be included in the Washington transportation plan or identified by
the authority as being a priority need for the state;
(b) The types of contracts allowed, with consideration given to the
best practices available;
(c) The composition of the team responsible for the evaluation of
proposals to include:
(i) ((Washington state)) Department ((of transportation)) staff;
(ii) An independent representative of a consulting or contracting
field with no interests in the project that is prohibited from becoming
a project manager for the project and bidding on any part of the
project;
(iii) An observer from the state auditor's office or the joint
legislative audit and review committee;
(iv) A person ((appointed by the commission, if the secretary of
transportation is a cabinet member, or)) appointed by the governor ((if
the secretary of transportation is not a cabinet member)); and
(v) A financial expert;
(d) Minimum standards and criteria required of all proposals;
(e) Procedures for the proper solicitation, acceptance, review, and
evaluation of projects;
(f) Criteria to be considered in the evaluation and selection of
proposals that includes:
(i) Comparison with the department's internal ability to complete
the project that documents the advantages of completing the project as
a partnership versus solely as a public venture; and
(ii) Factors such as, but not limited to: Priority, cost, risk
sharing, scheduling, and management conditions;
(g) The protection of confidential proprietary information while
still meeting the need for public disclosure that is consistent with
RCW 47.29.190;
(h) Protection for local contractors to participate in
subcontracting opportunities;
(i) Specifying that maintenance issues must be resolved in a manner
consistent with the personnel system reform act, chapter 41.80 RCW;
(j) Specifying that provisions regarding patrolling and law
enforcement on a public facility are subject to approval by the
Washington state patrol;
(((3))) (2) Adopt guidelines to address security and performance
issues.
Preliminary rules and guidelines developed under this section must
be submitted to the chairs and ranking members of both transportation
committees by November 30, 2005, for review and comment. All final
rules and guidelines must be submitted to the full legislature during
the 2006 session for review.
Sec. 45 RCW 47.29.090 and 2005 c 317 s 9 are each amended to read
as follows:
(1) Subject to subsection (2) of this section, the ((commission))
department may:
(a) Solicit concepts or proposals for eligible projects from
private entities and units of government;
(b) On or after January 1, 2007, accept unsolicited concepts or
proposals for eligible projects from private entities and units of
government, subject to RCW 47.29.170;
(c) ((Direct the department to)) Evaluate projects for inclusion in
the transportation innovative partnerships program that are already
programmed or identified for traditional development by the state;
(d) ((Direct the department to)) Evaluate the concepts or proposals
received under this section; and
(e) Select potential projects based on the concepts or proposals.
The evaluation under this subsection must include consultation with any
appropriate unit of government.
(2) Before undertaking any of the activities contained in
subsection (1) of this section, the ((commission)) department must
((have)):
(a) ((Completed)) Wait for completion of the tolling feasibility
study before proceeding with any projects that might utilize tolls; and
(b) ((Adopted)) Adopt rules specifying procedures for the proper
solicitation, acceptance, review, and evaluation of projects, which
procedures must include:
(i) A comparison with the department's internal ability to complete
the project that documents the advantages of completing the project as
a partnership versus solely as a public venture; and
(ii) Factors such as priority, cost, risk sharing, scheduling, and
management conditions.
Sec. 46 RCW 47.29.100 and 2005 c 317 s 10 are each amended to
read as follows:
The department may charge a reasonable administrative fee for the
evaluation of an unsolicited project proposal. The amount of the fee
will be established in rules ((of the commission)).
Sec. 47 RCW 47.29.120 and 2005 c 317 s 12 are each amended to
read as follows:
The ((commission and)) department may consult with legal,
financial, and other experts inside and outside the public sector in
the evaluation, negotiation, and development of projects under this
chapter, consistent with RCW 43.10.040 where applicable.
Sec. 48 RCW 47.29.160 and 2005 c 317 s 16 are each amended to
read as follows:
(1) Before ((approving an)) approval of any agreement under
subsection (2) of this section, ((the commission, with the technical
assistance of)) the department((,)) must:
(a) Prepare a financial analysis that fully discloses all project
costs, direct and indirect, including costs of any financing;
(b) Publish notice and make available the contents of the
agreement, with the exception of patent information, at least twenty
days before the public hearing required in (c) of this subsection; and
(c) Hold a public hearing on the proposed agreement, with proper
notice provided at least twenty days before the hearing. The public
hearing must be held within the boundaries of the county seat of the
county containing the project.
(2) The ((commission)) department must allow at least twenty days
from the public hearing on the proposed agreement required under
subsection (1)(c) of this section before approving and executing any
agreements authorized under this chapter.
NEW SECTION. Sec. 49 A new section is added to chapter 47.29 RCW
to read as follows:
(1) The department shall establish an expert review panel to
review, analyze, and make recommendations to the governor on whether to
approve, reject, or continue negotiations on a proposed project
agreement. The department shall provide staff to support the expert
review panel, if requested by the panel. The expert review panel may
utilize any of the consultants under contract for the department, and
the expert review panel may contract for consulting expertise in
specific areas as it deems necessary to ensure a thorough and critical
review of any proposed project agreement.
(2) The governor shall appoint members of an expert review panel
that have experience in large capital project delivery, public private
partnerships, public financing of infrastructure improvements, or other
areas of expertise that will benefit the panel. The panel shall
consist of no less than three but no more than five members, as
determined by the governor.
NEW SECTION. Sec. 50 A new section is added to chapter 47.29 RCW
to read as follows:
Upon receiving the recommendations of the expert review panel as
provided in section 49 of this act, the governor shall execute the
proposed project agreement, reject the proposed agreement, or return
the agreement for continued negotiations between the state and a
private partner. The execution of any agreement or the rejection of
any agreement shall constitute a final action for legal or
administrative purposes.
Sec. 51 RCW 47.29.170 and 2005 c 317 s 17 are each amended to
read as follows:
Before accepting any unsolicited project proposals, the
((commission)) department must adopt rules to facilitate the
acceptance, review, evaluation, and selection of unsolicited project
proposals. These rules must include the following:
(1) Provisions that specify unsolicited proposals must meet
predetermined criteria;
(2) Provisions governing procedures for the cessation of
negotiations and consideration;
(3) Provisions outlining that unsolicited proposals are subject to
a two-step process that begins with concept proposals and would only
advance to the second step, which are fully detailed proposals, if the
((commission)) department so directed;
(4) Provisions that require concept proposals to include at least
the following information: Proposers' qualifications and experience;
description of the proposed project and impact; proposed project
financing; and known public benefits and opposition; and
(5) Provisions that specify the process to be followed if the
((commission)) department is interested in the concept proposal, which
must include provisions:
(a) Requiring that information regarding the potential project
would be published for a period of not less than thirty days, during
which time entities could express interest in submitting a proposal;
(b) Specifying that if letters of interest were received during the
thirty days, then an additional sixty days for submission of the fully
detailed proposal would be allowed; and
(c) Procedures for what will happen if there are insufficient
proposals submitted or if there are no letters of interest submitted in
the appropriate time frame.
The ((commission)) department may adopt other rules as necessary to
avoid conflicts with existing laws, statutes, or contractual
obligations of the state.
The ((commission)) department may not accept or consider any
unsolicited proposals before January 1, 2007.
Sec. 52 RCW 47.29.180 and 2005 c 317 s 18 are each amended to
read as follows:
For projects with costs, including financing costs, of three
hundred million dollars or greater, advisory committees are required.
(1) The ((commission)) department must ((establish)) support an
advisory committee to advise with respect to eligible projects. An
advisory committee must consist of not fewer than five and not more
than nine members, as determined by the public partners. Members must
be appointed by the ((commission)) governor, or for projects with joint
public sector participation, in a manner agreed to by the
((commission)) governor and any participating unit of government. In
making appointments to the committee, the ((commission)) department
shall consider persons or organizations offering a diversity of
viewpoints on the project.
(2) An advisory committee shall review concepts or proposals for
eligible projects and submit comments to the public sector partners.
(3) An advisory committee shall meet as necessary at times and
places fixed by the department, but not less than twice per year. The
state shall provide personnel services to assist the advisory committee
within the limits of available funds. An advisory committee may adopt
rules to govern its proceedings and may select officers.
(4) An advisory committee must be dissolved once the project has
been fully constructed and debt issued to pay for the project has been
fully retired.
Sec. 53 RCW 47.29.250 and 2005 c 317 s 25 are each amended to
read as follows:
(1) In addition to any authority the commission or department has
to issue and sell bonds and other similar obligations, this section
establishes continuing authority for the issuance and sale of bonds and
other similar obligations in a manner consistent with this section. To
finance a project in whole or in part, the ((commission)) secretary of
the department of transportation may request that the state treasurer
issue revenue bonds on behalf of the public sector partner. The bonds
must be secured by a pledge of, and a lien on, and be payable only from
moneys in the transportation innovative partnership account established
in RCW 47.29.230, and any other revenues specifically pledged to
repayment of the bonds. Such a pledge by the public partner creates a
lien that is valid and binding from the time the pledge is made.
Revenue bonds issued under this section are not general obligations of
the state or local government and are not secured by or payable from
any funds or assets of the state other than the moneys and revenues
specifically pledged to the repayment of such revenue bonds.
(2) Moneys received from the issuance of revenue bonds or other
debt obligations, including any investment earnings thereon, may be
spent:
(a) For the purpose of financing the costs of the project for which
the bonds are issued;
(b) To pay the costs and other administrative expenses of the
bonds;
(c) To pay the costs of credit enhancement or to fund any reserves
determined to be necessary or advantageous in connection with the
revenue bonds; and
(d) To reimburse the public sector partners for any costs related
to carrying out the projects authorized under this chapter.
Sec. 54 RCW 47.10.861 and 2003 c 147 s 1 are each amended to read
as follows:
In order to provide funds necessary for the location, design, right
of way, and construction of selected projects or improvements that are
identified as transportation 2003 projects or improvements in the
omnibus transportation budget, there shall be issued and sold upon the
request of the secretary of the department of transportation
((commission)) a total of two billion six hundred million dollars of
general obligation bonds of the state of Washington.
Sec. 55 RCW 47.10.862 and 2003 c 147 s 2 are each amended to read
as follows:
Upon the request of the secretary of the department of
transportation ((commission)), as appropriate, the state finance
committee shall supervise and provide for the issuance, sale, and
retirement of the bonds in RCW 47.10.861 through 47.10.866 in
accordance with chapter 39.42 RCW. Bonds authorized by RCW 47.10.861
through 47.10.866 shall be sold in the manner, at time or times, in
amounts, and at the price as the state finance committee shall
determine. No bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the bonds
during the life of the project for which they were issued.
Sec. 56 RCW 47.10.843 and 1998 c 321 s 16 are each amended to
read as follows:
In order to provide funds necessary for the location, design, right
of way, and construction of state and local highway improvements, there
shall be issued and sold upon the request of the ((Washington state))
secretary of the department of transportation ((commission)) a maximum
of one billion nine hundred million dollars of general obligation bonds
of the state of Washington.
Sec. 57 RCW 47.10.844 and 1998 c 321 s 17 are each amended to
read as follows:
Upon the request of the secretary of the department of
transportation ((commission)), the state finance committee shall
supervise and provide for the issuance, sale, and retirement of the
bonds authorized by RCW 47.10.843 through 47.10.848 in accordance with
chapter 39.42 RCW. Bonds authorized by RCW 47.10.843 through 47.10.848
shall be sold in such manner, at such time or times, in such amounts,
and at such price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the bonds
during the life of the project for which they were issued.
Sec. 58 RCW 47.10.834 and 1995 2nd sp.s. c 15 s 2 are each
amended to read as follows:
In order to provide funds necessary to implement the public-private
transportation initiatives authorized by chapter 47.46 RCW, there shall
be issued and sold upon the request of the ((Washington state))
secretary of the department of transportation ((commission)) a total of
twenty-five million six hundred twenty-five thousand dollars of general
obligation bonds of the state of Washington.
Sec. 59 RCW 47.10.835 and 1994 c 183 s 3 are each amended to read
as follows:
Upon the request of the secretary of the department of
transportation ((commission)), the state finance committee shall
supervise and provide for the issuance, sale, and retirement of the
bonds authorized by RCW 47.10.834 through 47.10.841 in accordance with
chapter 39.42 RCW. Bonds authorized by RCW 47.10.834 through 47.10.841
shall be sold in such manner, at such time or times, in such amounts,
and at such price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds. In making
such appropriation of the net proceeds of the sale of the bonds, the
legislature shall specify what portion of the appropriation is provided
for possible loans and what portion of the appropriation is provided
for other forms of cash contributions to projects.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the bonds
during the life of the project for which they were issued.
Sec. 60 RCW 47.10.819 and 1993 c 432 s 1 are each amended to read
as follows:
In order to provide funds necessary for the location, design, right
of way, and construction of selected interstate and other highway
improvements, there shall be issued and sold upon the request of the
((Washington state)) secretary of the department of transportation
((commission)) a total of one hundred million dollars of general
obligation bonds of the state of Washington for the following purposes
and specified sums:
(1) Not to exceed twenty-five million dollars to pay the state's
and local governments' share of matching funds for the ten
demonstration projects identified in the Intermodal Surface
Transportation Efficiency Act of 1991.
(2) Not to exceed fifty million dollars to temporarily pay the
regular federal share of construction in advance of federal-aid
apportionments as authorized by this section.
(3) Not to exceed twenty-five million dollars for loans to local
governments to provide the required matching funds to take advantage of
available federal funds. These loans shall be on such terms and
conditions as determined by the ((Washington state)) secretary of the
department of transportation ((commission)), but in no event may the
loans be for a period of more than ten years. The interest rate on the
loans authorized under this subsection shall be equal to the interest
rate on the bonds sold for such purposes.
Sec. 61 RCW 47.10.820 and 1993 c 432 s 2 are each amended to read
as follows:
Upon the request of the secretary of the department of
transportation ((commission)), the state finance committee shall
supervise and provide for the issuance, sale, and retirement of the
bonds authorized by RCW 47.10.819 through 47.10.824 in accordance with
chapter 39.42 RCW. Bonds authorized by RCW 47.10.819 through 47.10.824
shall be sold in such manner, at such time or times, in such amounts,
and at such price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the bonds
during the life of the project for which they were issued.
Sec. 62 RCW 47.02.120 and 1990 c 293 s 1 are each amended to read
as follows:
For the purpose of providing funds for the acquisition of
headquarters facilities for district 1 of the department of
transportation and costs incidental thereto, together with all
improvements and equipment required to make the facilities suitable for
the department's use, there shall be issued and sold upon the request
of the ((Washington transportation commission)) secretary of the
department of transportation a total of fifteen million dollars of
general obligation bonds of the state of Washington.
Sec. 63 RCW 47.02.140 and 1990 c 293 s 3 are each amended to read
as follows:
Upon the request of the secretary of the department of
transportation ((commission)), the state finance committee shall
supervise and provide for the issuance, sale, and retirement of the
bonds authorized by RCW 47.02.120 through 47.02.190 in accordance with
chapter 39.42 RCW. Bonds authorized by RCW 47.02.120 through 47.02.190
shall be sold in such manner, at such time or times, in such amounts,
and at such price as the state finance committee shall determine.
Except for the purpose of repaying the loan from the motor vehicle
fund, no such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the bonds
during the life of the project for which they were issued.
Sec. 64 RCW 44.75.030 and 2005 c 319 s 17 are each amended to
read as follows:
(1) The transportation performance audit board is created.
(2) The board will consist of four legislative members, three
citizen members with transportation-related expertise, two citizen
members with performance measurement expertise, ((one member of the
transportation commission,)) the director of financial management or
the director's designee, one ex officio nonvoting member, and one at
large member. ((The legislative auditor is the ex officio nonvoting
member.)) The majority and minority leaders of the house and senate
transportation committees, or their designees, are the legislative
members. The governor shall appoint the at large member to serve for
a term of four years. The citizen members must be appointed by the
governor for terms of four years, except that at least half the initial
appointments will be for terms of two years. The citizen members may
not be currently, or within one year, employed by the Washington state
department of transportation. The governor, when appointing the
citizen members with transportation-related expertise, may consult with
appropriate professional associations and shall consider the following
transportation-related experiences:
(a) Construction project planning, including permitting and
assuring regulatory compliance;
(b) Construction means and methods and construction management,
crafting and implementing environmental mitigation plans, and
administration;
(c) Construction engineering services, including construction
management, materials testing, materials documentation, contractor
payments, inspection, surveying, and project oversight;
(d) Project management, including design estimating, contract
packaging, and procurement; and
(e) Transportation planning and congestion management.
(3) 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, of 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.
(4) No member may be appointed for more than three consecutive
terms.
Sec. 65 RCW 44.75.040 and 2005 c 319 s 18 are each amended to
read as follows:
(1) The board shall meet periodically. 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 a majority vote
of the members.
(2) Each member of the transportation performance audit board will
be compensated ((from the general appropriation for the transportation
commission in accordance with RCW 43.03.250 and)) in an amount not to
exceed one hundred dollars for each day during which the member attends
an official meeting of the group or performs statutorily prescribed
duties approved by the chairperson. A person shall not receive
compensation for a day of service under this section if the person (a)
occupies a position, normally regarded as full-time in nature, in any
agency of the federal government, Washington state government, or
Washington state local government, and (b) receives any compensation
from such government for working that day. A member shall be
reimbursed for actual necessary traveling and other expenses in going
to, attending, and returning from meetings of the board or that are
incurred in the discharge of duties requested by the chair. However,
in no event may a board member be compensated in any year for more than
one hundred twenty days, except the chair may be compensated for not
more than one hundred fifty days. Service on the board does not
qualify as a service credit for the purposes of a public retirement
system.
(3) The transportation performance audit board shall keep proper
records and is subject to audit by the state auditor or other auditing
entities.
(4) Staff support to the transportation performance audit board
must be provided by the transportation commission, which shall provide
professional support for the duties, functions, responsibilities, and
activities of the board, including but not limited to information
technology systems; data collection, processing, analysis, and
reporting; project management; and office space, equipment, and
secretarial support. Additionally, the commission shall designate,
subject to board approval, a staff person to serve as the board
administrator. The board administrator serves as an exempt employee
and at the pleasure of the board.
(5) Each member of the transportation performance audit board shall
disclose any actual or potential conflict of interest, if applicable
under the circumstance, regarding all performance reviews and
performance audits conducted under this chapter.
NEW SECTION. Sec. 66 A new section is added to chapter 44.75 RCW
to read as follows:
(1) The office of financial management shall assume all powers and
functions of the transportation performance audit board to review the
performance and outcome measures of transportation-related agencies
under RCW 44.75.050 through 44.75.090. Effective July 1, 2007: (a)
Any appropriations made to the transportation performance audit board
for carrying out the powers, functions, and duties transferred under
this subsection shall be transferred and credited to the office of
financial management; (b) all rules and all pending business before the
transportation performance audit board pertaining to the powers,
functions, and duties transferred under this subsection shall be
continued and acted upon by the office of financial management; and (c)
all existing contracts and obligations pertaining to the powers,
functions, and duties transferred under this subsection shall remain in
full force and shall be performed by the office of financial
management.
(2) The state auditor shall assume all powers and functions of the
transportation performance audit board to conduct performance audits of
transportation-related agencies under RCW 44.75.080 through 44.75.800.
Effective July 1, 2007: (a) Any appropriations made to the
transportation performance audit board for carrying out the powers,
functions, and duties transferred under this subsection shall be
transferred and credited to the state auditor; (b) all rules and all
pending business before the transportation performance audit board
pertaining to the powers, functions, and duties transferred under this
subsection shall be continued and acted upon by the state auditor; and
(c) all existing contracts and obligations pertaining to the powers,
functions, and duties transferred under this subsection shall remain in
full force and shall be performed by the state auditor.
(3) By June 30, 2007, the transportation performance audit board
shall: (a) Assist the office of financial management as needed to
transfer all performance measure review functions under RCW 44.75.050
through 44.75.090 to the office of financial management; and (b) assist
the state auditor as needed to transfer all performance audit functions
under RCW 44.75.080 through 44.75.800 to the state auditor.
NEW SECTION. Sec. 67 A new section is added to chapter 43.88 RCW
to read as follows:
The office of financial management shall, after reviewing the
performance or outcome measures and benchmarks of a transportation
agency or department under chapter 44.75 RCW, create a report on the
results of such review, including a recommendation of whether a full
performance or functional audit of the agency or department is
warranted, and submit the report annually to the state auditor and to
the standing committees on transportation of the house of
representatives and senate.
NEW SECTION. Sec. 68 A new section is added to chapter 43.09 RCW
to read as follows:
After reviewing the report of the office of financial management on
the performance or outcome measures and benchmarks of a transportation-related agency or department, the state auditor may conduct a full
performance or functional audit of the agency or department reviewed,
or a specific program within the agency or department.
Sec. 69 RCW 47.10.873 and 2005 c 315 s 1 are each amended to read
as follows:
In order to provide funds necessary for the location, design, right
of way, and construction of selected projects or improvements that are
identified as 2005 transportation partnership projects or improvements
in the omnibus transportation budget (([2005 c 313])) (2005 c 313),
there shall be issued and sold upon the request of the secretary of the
department of transportation a total of five billion one hundred
million dollars of general obligation bonds of the state of Washington.
Sec. 70 RCW 47.10.874 and 2005 c 315 s 2 are each amended to read
as follows:
Upon the request of the secretary of the department of
transportation, as appropriate, the state finance committee shall
supervise and provide for the issuance, sale, and retirement of the
bonds in RCW 47.10.873 through 47.10.878 in accordance with chapter
39.42 RCW. Bonds authorized by RCW 47.10.873 through 47.10.878 shall
be sold in the manner, at time or times, in amounts, and at the price
as the state finance committee shall determine. No bonds may be
offered for sale without prior legislative appropriation of the net
proceeds of the sale of the bonds.
The state finance committee shall consider the issuance of short-term obligations in lieu of long-term obligations for the purposes of
more favorable interest rates, lower total interest costs, and
increased marketability and for the purpose of retiring the bonds
during the life of the project for which they were issued.
NEW SECTION. Sec. 71 The following acts or parts of acts, as now
existing or hereafter amended, are each repealed effective June 30,
2007:
(1) RCW 44.75.030 (Board created -- Membership) and 2006 c ... s 64
(section 64 of this act), 2005 c 319 s 17, & 2003 c 362 s 3; and
(2) RCW 44.75.040 (Procedures, compensation, support) and 2006 c
... s 65 (section 65 of this act), 2005 c 319 s 18, & 2003 c 362 s 4.
NEW SECTION. Sec. 72 This act takes effect July 1, 2006."
Correct the title.
EFFECT: Modifies the composition, qualifications, and procedures of the Washington Transportation Commission (Commission). Moves the following functions from the Commission to the Department of Transportation (DOT): (1) Developing the statewide transportation plan; (2) day-to-day functions of the Transportation Innovative Partnerships (TIP) program, with oversight and approval by the Governor; (3) proposing state transportation policy; (4) approving the issuance and sale of bonds secured by TIP projects, in addition to approving the issuance and sale of bonds for capital construction; (5) developing a sixteen-year comprehensive investment program. Extends the Transportation Performance Audit Board (TPAB) one year, during which time its performance review function transitions to the Office of Financial Management and its performance audit function transitions to the State Auditor. Reinstates language providing $4 million to the State Auditor for purpose of conducting transportation-related performance audits. Makes ministerial changes regarding agencies that review local maintenance and preservation management plans. Omits intent language.