BILL REQ. #: H-2229.4
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/07/05.
AN ACT Relating to authorizing the financing of regional transportation improvements by counties; amending RCW 81.104.140, 81.100.030, 81.100.060, 81.100.080, 82.14.430, 82.80.005, 82.80.010, 82.80.030, 82.80.070, 82.80.080, 82.80.100, 82.80.110, 82.80.120, 47.56.075, and 47.56.076; adding a new section to chapter 47.80 RCW; adding a new section to chapter 82.80 RCW; adding a new section to chapter 47.56 RCW; adding a new chapter to Title 36 RCW; creating new sections; and repealing RCW 36.120.010, 36.120.020, 36.120.030, 36.120.040, 36.120.050, 36.120.060, 36.120.070, 36.120.080, 36.120.090, 36.120.100, 36.120.110, 36.120.120, 36.120.130, 36.120.140, 36.120.150, 36.120.160, 36.120.170, 36.120.180, 36.120.190, 36.120.200, 36.120.900, and 36.120.901.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101
(1) The capacity of many of Washington state's transportation
facilities have failed to keep up with the state's growth, particularly
in major urban regions;
(2) The state cannot by itself fund, in a timely way, many of the
major capacity and other improvements required on highways of statewide
significance in the state's largest urbanized area;
(3) Providing a transportation system that provides efficient
mobility for persons and freight requires a shared partnership and
responsibility between the state, local, and regional governments and
the private sector;
(4) Timely construction and development of significant
transportation improvement projects can best be achieved through
enhanced funding options for governments at the county and regional
levels, using already existing tax authority together with innovative
funding approaches to address critical transportation needs and to
provide authority for regions and counties to address transportation
projects of regional and statewide significance; and
(5) The development of transportation improvements will require
both state, and regional and local efforts. This chapter is intended
to enhance this partnership, and not to replace the need for resources
to be provided by the state.
NEW SECTION. Sec. 102
(1) "High-priority project" means the restoration, reconstruction,
or improvement of a transportation facility of statewide or regional
significance that has failed or is an identified risk for failure in
terms of its design life expectancy or other factors.
(2) "Lead agency" means a public agency designated by an authority
to plan, design, build, and operate a project.
(3) "Transportation improvement projects" or "projects" means
projects contained in the transportation plan of the state or a
regional transportation planning organization that are of statewide or
regional significance. Projects may include investment in new or
existing highways of statewide significance, principal arterials of
regional significance, high-capacity transportation, public
transportation, and other transportation projects and programs of
regional or statewide significance including transportation demand
management. Projects may also include the operation, preservation, and
maintenance of these facilities or programs.
(4) "Regional transportation improvement authority" or "authority"
means a municipal corporation whose boundaries are coextensive, to the
extent deemed appropriate by the authority, with the urban growth
boundaries of two or more contiguous counties, or an authority whose
boundaries are contiguous with the boundaries of a single county, and
that has been created by county legislative authorities, or in the case
of a single-county authority, a county legislative authority, and a
vote of the people under this chapter to implement a regional
transportation improvement plan.
(5) "Regional transportation improvement authority board" or
"board" means the board created under section 104 of this act to adopt
and propose to county legislative authorities a regional transportation
improvement plan to develop, finance, and construct transportation
projects.
(6) "Regional transportation improvement plan" or "plan" means a
plan to develop, construct, and finance a transportation project or
projects.
(7) "Regional transportation planning organization" means that
organization as defined in chapter 47.80 RCW.
NEW SECTION. Sec. 103
(2) In developing a prioritized list of projects for the plan the
organization shall:
(a) Consider regional transportation needs, including high-priority
transportation projects;
(b) Provide for improvements in safety and mobility based on
addressing transportation improvement projects;
(c) Recommend the appropriate mix of transportation investment
choices to address the mobility needs of the region, based on the
criteria set forth in section 105(4) of this act;
(d) Address geographic equity and land use planning;
(e) Coordinate its activities with the department of
transportation, which shall provide services, data, and personnel to
assist in this planning as desired by the organization; and
(f) Coordinate with local government entities within the boundaries
of the requesting county or group of counties that engage in
transportation planning and providing transportation services.
NEW SECTION. Sec. 104
(a) The boundaries of the authority must be, to the extent deemed
appropriate, the area within the urban growth areas within each county.
After voters within the authority boundaries have approved a plan
under section 107 of this act, elections to add areas to the authority
boundaries may be called by the resolution of the authority, after
consultation with the regional transportation planning organization and
affected transit agencies and with the concurrence of the legislative
authority of the city or town if the area is incorporated or with the
concurrence of the county legislative authority if the area is
unincorporated. The election may include a single ballot measure
providing annexation to the authority, approval of the plan, and
approval of revenue sources necessary to finance the plan. This option
for annexation applies to areas within the counties initially
establishing an authority and also to areas within a county having a
population over two hundred thirty thousand persons and whose
boundaries abut three counties eligible to form an authority under this
subsection.
(b) The governing board consists of the members of the county
legislative authorities whose districts are wholly or partially within
the authority boundaries and the county executive of each county within
the authority, with all members acting ex officio and independently.
Councilmembers have weighted votes based on the population of their
council districts within the authority boundaries relative to the total
population of the authority. The executive of each county has a
weighted vote equivalent to the vote of the councilmember from the same
county of the executive, having the most heavily weighted vote. A
representative from the city having the greatest population in each
county and any other city within the authority that has a population
greater than one hundred ten thousand persons are nonvoting members of
the board. The executive of any county with a population over one
million five hundred thousand persons shall also designate a city, with
a population over fifty thousand persons, whose representative shall
serve as a nonvoting member of the board and who shall represent the
geographic diversity of the county. The secretary of transportation,
or the appropriate regional administrator of the department, as named
by the secretary, shall serve on the authority as a nonvoting member.
(2) A county with a population over one million five hundred
thousand persons or a county having a population over five hundred
thousand persons adjoining a county with a population over one million
five hundred thousand persons, and a county having a population over
two hundred thirty thousand persons and whose boundaries abut three
counties eligible to form an authority under this chapter, may create,
by adoption of an ordinance of the county legislative authority, a
regional transportation improvement authority.
(a) The boundaries of the authority must be contiguous with the
boundaries of the county.
(b) The governing board consists of the members of the county
legislative authority and the county executive, and if the county has
not adopted a home rule charter, the county legislative authority, with
all members acting ex officio and independently. The county executive,
in the case of a home rule charter county, has a vote equal to that of
a councilmember. A representative from the city having the greatest
population in the authority and any other city within the authority
that has a population greater than one hundred ten thousand persons are
nonvoting members of the board. The executive of any county with a
population over one million five hundred thousand persons shall also
designate a city, with a population over fifty thousand persons, whose
representative shall serve as a nonvoting member of the board and who
shall represent the geographic diversity of the county. The secretary
of transportation, or the appropriate regional administrator of the
department, as named by the secretary, shall serve on the authority as
a nonvoting member.
(3) The members of the authority under this chapter will receive no
compensation for serving on the board, but may be reimbursed for travel
and incidental expenses as the authority deems appropriate.
(4) A regional transportation improvement authority may be entitled
to state funding, as appropriated by the legislature, for start-up
funding to pay for expenses incurred by the authority and through
contracts with the regional transportation planning organization in
selecting transportation projects under this chapter. Upon voter
approval of a regional transportation improvement authority plan and
revenue sources under section 106 of this act, the authority shall
within one year reimburse the state for any sums advanced for these
start-up costs from the state.
(5) The board shall conduct its affairs and formulate, with
assistance from the appropriate regional transportation planning
organization, a regional transportation improvement plan as provided
under section 105 of this act.
(6) A regional transportation improvement authority may elect
officers and provide for the adoption of rules and other operating
procedures.
(7) Governance of and decisions by a regional transportation
improvement authority must be by a sixty percent weighted majority vote
of the board membership.
(8) The authority may dissolve itself at any time by a two-thirds
weighted majority vote of the board membership.
NEW SECTION. Sec. 105
(2) The board may coordinate its activities with the regional
transportation planning organization, which shall provide services,
data, and personnel to assist in this planning as requested by the
board. In addition, the board may coordinate with the department of
transportation and affected cities, towns, and other local governments
that engage in transportation planning.
(3) The board shall:
(a) Conduct public meetings that are needed to assure active public
participation in the development of the plan;
(b) Adopt a plan:
(i) Ratifying the creation of the regional transportation
improvement authority;
(ii) Identifying transportation improvement projects to be funded;
(iii) Recommending sources of revenue authorized by section 106 of
this act and a financing plan to fund the transportation projects in
the plan. The overall plan of the authority must leverage the
authority's financial contributions so that in combination with
federal, state, local, and other revenue sources, the plan is funded.
The plan may include provisions for delaying the imposition of regional
taxes and fees, or delay of projects identified in the plan, pending
the financial participation of other parties necessary to accomplish
the plan.
(4) The authority shall use the following criteria for selecting
transportation improvement projects to improve transportation system
performance:
(a) Reduced risk of transportation facility failure and improved
safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment; and
(h) Other criteria, as adopted by the board with a sixty-percent
majority of weighted votes.
(5) Before adopting the plan, the authority, with assistance from
the department and other lead agencies, shall work with the lead agency
to develop accurate cost estimates for transportation projects. This
project costing methodology must be integrated with revenue forecasts
in developing the financial plan and must at a minimum include
estimated project costs in current dollars as well as year of
expenditure dollars, the range of project costs reflected by the level
of project design, project contingencies, identification of mitigation
costs, the range of revenue forecasts, and project and plan cash flow
and bond analysis. The plan submitted to the voters must provide cost
estimates for each project, including contingency costs. Plans
submitted to the voters must provide that the maximum amount possible
of the funds raised will be used to fund projects in the plan,
including environmental improvements and mitigation, and that
administrative costs be minimized. If actual revenue exceeds actual
plan costs, the excess revenues must be used to retire any outstanding
debt associated with the plan.
(6) The authority shall transmit the plan to the county legislative
authority or authorities, which shall act within ninety days to adopt
or not adopt the plan. In the case of a multicounty authority, if a
county by ordinance with its county legislative authority opts not to
adopt the plan or participate in the regional transportation
improvement authority, but one or more contiguous counties do choose to
continue to participate, then the authority may, within ninety days,
redefine the regional transportation improvement plan and the ballot
measure to be submitted to the people to reflect elimination of the
county, and submit the redefined plan to the legislative authorities of
the remaining counties for their decision as to whether to continue to
adopt the redefined plan and participate. This action must be
completed within sixty days after receipt of the redefined plan.
(7) Once adopted, the plan must be forwarded to the participating
county legislative authorities or authority to initiate, through
adoption of an ordinance, the election process under section 107 of
this act. The authority shall at the same time provide notice to each
city and town within the authority, the governor, the chairs of the
transportation committees of the legislature, the secretary of
transportation, and each legislator whose legislative district is
partially or wholly within the boundaries of the authority.
(8) If the ballot measure is not approved, the board may redefine
the selected transportation projects, financing plan, and the ballot
measure. The county legislative authorities or authority may approve
the new plan and ballot measure, and may then submit the revised
proposition to the voters at the next election or a special election.
NEW SECTION. Sec. 106
(a) A regional sales and use tax, as specified in RCW 82.14.430, of
up to 0.2 percent of the selling price, in the case of a sales tax, or
value of the article used, in the case of a use tax, upon the
occurrence of any taxable event in the regional transportation
improvement authority. The purposes for which these tax rates may be
imposed is limited as follows:
(i) 0.1 percent only for high-priority projects;
(ii) 0.1 percent only for public transportation purposes, commute
trip reduction programs, or high-priority projects, or a combination
thereof; but
(iii) Notwithstanding (a)(i) and (ii) of this subsection, any and
all revenues derived from this tax may be pledged to general obligation
bonds, other evidences of indebtedness, or pledging agreements under
section 112 of this act, with or without any other taxes, fees, and
tolls authorized to be imposed under this section. Expenditure of bond
proceeds allocable to the regional sales and use tax imposed under this
section is limited as described in (a)(i) and (ii) of this subsection.
(b) A local option vehicle license fee, as specified under RCW
82.80.100, of up to one hundred dollars per vehicle registered in the
authority. As used in this subsection, "vehicle" means motor vehicle
as defined in RCW 46.04.320. Certain classes of vehicles, as defined
under chapter 46.04 RCW, may be exempted from this fee;
(c) A parking tax under RCW 82.80.030;
(d) A local motor vehicle excise tax under RCW 81.100.060;
(e) A local option fuel tax under RCW 82.80.120;
(f) A mileage charge under section 316 of this act;
(g) An employer excise tax under RCW 81.100.030; and
(h) With the approval of the transportation commission, or its
successor, vehicle tolls on a local or regional arterial or state or
federal highway within the boundaries of the authority. The plan must
identify the facilities to be tolled and the purpose of the toll.
Unless otherwise specified by law or contract, the department shall
administer the collection of vehicle tolls on designated facilities,
and the state transportation commission, or its successor, shall be the
tolling authority.
(2) Taxes, fees, and the authority to impose tolls may not be
imposed without an affirmative vote of the majority of the voters
within the boundaries of the authority voting on a ballot proposition
as set forth in section 107 of this act. Revenues from these taxes and
fees may be used only to implement the plan as set forth in this
chapter. An authority may contract with the state department of
revenue or other appropriate entities for administration and collection
of any of the taxes or fees authorized in this section. In authorizing
these revenue sources, it is the intent of the legislature to provide
a range of options that can be tailored to meet the transportation
needs identified by local elected officials, with voter approval.
(3) Existing statewide motor vehicle fuel and special fuel taxes,
at the distribution rates in effect on January 1, 2005, are not
intended to be altered by this chapter.
NEW SECTION. Sec. 107
NEW SECTION. Sec. 108
NEW SECTION. Sec. 109
(1) The time and place of regular meetings;
(2) Rules for calling special meetings;
(3) The method of keeping records of proceedings and official acts;
(4) Procedures for the safekeeping and disbursement of funds; and
(5) Any other provisions the board finds necessary to include.
NEW SECTION. Sec. 110
(a) Impose taxes and fees authorized by authority voters;
(b) Enter into agreements with state, local, and regional agencies
and departments as necessary to accomplish authority purposes and
protect the authority's investment in transportation projects;
(c) Accept and expend gifts, grants, or other contributions of
funds that will support the purposes and programs of the authority;
(d) Monitor and audit the progress and execution of transportation
projects to protect the investment of the public and annually make
public its findings;
(e) Pay for services and enter into leases and contracts, including
professional service contracts;
(f) Contract with an existing agency or hire a limited staff to
administer and provide oversight of contracts to implement the plan;
and
(g) Exercise other powers and duties as may be reasonable to carry
out the purposes of the authority.
(2) It is the intent of the legislature that existing staff
resources of lead agencies be used in implementing this chapter. An
authority may coordinate its activities with the department, which
shall provide services, data, and personnel to assist as desired by the
regional transportation improvement authority. Lead agencies for
transportation projects that are not state facilities shall also
provide staff support for the board.
(3) An authority may not acquire, hold, or dispose of real
property.
(4) An authority may not own, operate, or maintain an ongoing
facility, road, or transportation system.
(5) It is the intent of the legislature that administrative and
overhead costs of a regional transportation improvement authority be
minimized.
(6) Lead agencies implementing authority projects may use the
design-build procedure for transportation projects developed by it. As
used in this section, "design-build procedure" means a method of
contracting under which the authority contracts with another party for
that party to both design and build the structures, facilities, and
other items specified in the contract. The requirements and
limitations of RCW 47.20.780 and 47.20.785 do not apply to the
transportation projects under this chapter.
NEW SECTION. Sec. 111
In addition to the account established in section 301 of this act,
the treasurer may establish a special account, into which may be paid
authority funds. The treasurer may disburse authority funds only on
warrants issued by the authority upon orders or vouchers approved by
the authority.
If the treasurer of the authority is the treasurer of a county, all
authority funds must be deposited with a county depositary under the
same restrictions, contracts, and security as provided for county
depositaries. If the treasurer of the authority is some other person,
all funds must be deposited in a bank or banks authorized to do
business in this state qualified for insured deposits under any federal
deposit insurance act as the authority, by resolution, designates.
The authority may provide and require a reasonable bond of any
other person handling moneys or securities of the authority, but the
authority shall pay the premium on the bond.
NEW SECTION. Sec. 112
(b) With the approval of three-fifths of the voters voting at an
election, an authority may contract indebtedness or borrow money for
authority purposes and may issue general obligation bonds or other
evidences of indebtedness as long as the total indebtedness of the
authority does not exceed five percent of the value of the taxable
property within the authority, including indebtedness authorized under
(a) of this subsection. The bonds must be issued and sold in
accordance with chapter 39.46 RCW.
(2) The authority may at any time issue revenue bonds or other
evidences of indebtedness, secured by the pledge of one or more of the
revenues authorized to be collected by the authority, to provide funds
to carry out its authorized functions without submitting the matter to
the voters of the authority. These obligations must be issued and sold
in accordance with chapter 39.46 RCW.
(3) The authority may enter into agreements with the lead agencies
or the state of Washington, when authorized by the plan, to pledge
taxes or other revenues of the authority for the purpose of paying in
part or whole principal and interest on bonds issued by the lead agency
or the state of Washington. The agreements pledging revenues and taxes
are binding for their terms, and no tax pledged by an agreement may be
eliminated or modified if it would impair the pledge made in any
agreement. The term of the bonds may not exceed thirty years.
(4) Once construction of capital projects in the plan has been
completed, revenues collected by the authority may only be used for the
following purposes: (a) Payment of principal and interest on
outstanding indebtedness of the authority; (b) to make payments
required under a pledging agreement; (c) to make payments for
maintenance and operations of toll facilities as may be required by
toll bond covenants; and (d) to continue other programs as defined in
the plan.
NEW SECTION. Sec. 113
(1) The board adopts a resolution to modify the plan and the
counties submit to the voters in the authority, in the same manner as
provided for in section 107 of this act, a ballot measure that
redefines the scope of the plan, its projects, its schedule, its costs,
or the revenue sources; or
(2) The board, with a minimum seventy-five percent majority of the
weighted votes of the board, redefines the scope of the plan, its
projects, its schedule, or its costs.
NEW SECTION. Sec. 114
(2) To assure accountability to the public for the timely
accomplishment of the transportation improvement project or projects
within scope and cost projections, the authority shall issue a report,
at least annually, to the public and copies of the report to newspapers
of record in the authority. In the report, the authority shall
indicate the status of transportation project costs, transportation
project expenditures, revenues, and construction schedules. The report
must also include an explanation of the material change policy and
actions taken thereon and may also include progress towards meeting the
performance criteria provided under this chapter.
NEW SECTION. Sec. 115
NEW SECTION. Sec. 116
NEW SECTION. Sec. 117
(2) All of the powers granted the department under Title 47 RCW
relating to highway construction may, at the request of an authority
participating in a plan, be used to implement a regional transportation
improvement plan and construct transportation projects.
NEW SECTION. Sec. 118 A new section is added to chapter 47.80
RCW to read as follows:
NEW SECTION. Sec. 201
Sec. 202 RCW 81.104.140 and 2002 c 56 s 202 are each amended to
read as follows:
(1) Agencies authorized to provide high capacity transportation
service, including transit agencies and regional transit authorities,
and regional transportation ((investment districts)) improvement
authorities acting with the agreement of an agency, are hereby granted
dedicated funding sources for such systems. These dedicated funding
sources, as set forth in RCW 81.104.150, 81.104.160, and 81.104.170,
are authorized only for agencies located in (a) each county with a
population of two hundred ten thousand or more and (b) each county with
a population of from one hundred twenty-five thousand to less than two
hundred ten thousand except for those counties that do not border a
county with a population as described under (a) of this subsection. In
any county with a population of one million or more or in any county
having a population of four hundred thousand or more bordering a county
with a population of one million or more, these funding sources may be
imposed only by a regional transit authority or a regional
transportation ((investment district)) improvement authority. Regional
transportation ((investment districts)) improvement authorities may,
with the approval of the regional transit authority wholly or partly
within its boundaries, impose the taxes authorized under this chapter,
but only upon approval of the voters and to the extent that the maximum
amount of taxes authorized under this chapter have not been imposed.
(2) Agencies planning to construct and operate a high capacity
transportation system should also seek other funds, including federal,
state, local, and private sector assistance.
(3) Funding sources should satisfy each of the following criteria
to the greatest extent possible:
(a) Acceptability;
(b) Ease of administration;
(c) Equity;
(d) Implementation feasibility;
(e) Revenue reliability; and
(f) Revenue yield.
(4) Agencies participating in regional high capacity transportation
system development are authorized to levy and collect the following
voter-approved local option funding sources:
(a) Employer tax as provided in RCW 81.104.150, other than by
regional transportation investment districts; and
(b) ((Special motor vehicle excise tax as provided in RCW
81.104.160; and)) Sales and use tax as provided in RCW 81.104.170.
(c)
Revenues from these taxes may be used only to support those
purposes prescribed in subsection (10) of this section. Before the
date of an election authorizing an agency to impose any of the taxes
enumerated in this section and authorized in RCW 81.104.150,
81.104.160, and 81.104.170, the agency must comply with the process
prescribed in RCW 81.104.100 (1) and (2) and 81.104.110. No
construction on exclusive right of way may occur before the
requirements of RCW 81.104.100(3) are met.
(5) Authorization in subsection (4) of this section shall not
adversely affect the funding authority of transit agencies not provided
for in this chapter. Local option funds may be used to support
implementation of interlocal agreements with respect to the
establishment of regional high capacity transportation service. Except
when a regional transit authority exists, local jurisdictions shall
retain control over moneys generated within their boundaries, although
funds may be commingled with those generated in other areas for
planning, construction, and operation of high capacity transportation
systems as set forth in the agreements.
(6) Agencies planning to construct and operate high capacity
transportation systems may contract with the state for collection and
transference of voter-approved local option revenue.
(7) Dedicated high capacity transportation funding sources
authorized in RCW 81.104.150, 81.104.160, and 81.104.170 shall be
subject to voter approval by a simple majority. A single ballot
proposition may seek approval for one or more of the authorized taxing
sources. The ballot title shall reference the document identified in
subsection (8) of this section.
(8) Agencies shall provide to the registered voters in the area a
document describing the systems plan and the financing plan set forth
in RCW 81.104.100. It shall also describe the relationship of the
system to regional issues such as development density at station
locations and activity centers, and the interrelationship of the system
to adopted land use and transportation demand management goals within
the region. This document shall be provided to the voters at least
twenty days prior to the date of the election.
(9) For any election in which voter approval is sought for a high
capacity transportation system plan and financing plan pursuant to RCW
81.104.040, a local voter's pamphlet shall be produced as provided in
chapter ((29.81A)) 29A.32 RCW.
(10) Agencies providing high capacity transportation service shall
retain responsibility for revenue encumbrance, disbursement, and
bonding. Funds may be used for any purpose relating to planning,
construction, and operation of high capacity transportation systems and
commuter rail systems, personal rapid transit, busways, bus sets, and
entrained and linked buses.
NEW SECTION. Sec. 301
Sec. 302 RCW 81.100.030 and 2002 c 56 s 410 are each amended to
read as follows:investment district for capital
improvements)) improvement authority, but only to the extent that the
tax has not already been imposed by the county, may, with voter
approval impose an excise tax of up to two dollars per employee per
month on all employers or any class or classes of employers, public and
private, including the state located in the agency's jurisdiction,
measured by the number of full-time equivalent employees. In no event
may the total taxes imposed under this section exceed two dollars per
employee per month for any single employer. The county or ((investment
district)) improvement authority imposing the tax authorized in this
section may provide for exemptions from the tax to such educational,
cultural, health, charitable, or religious organizations as it deems
appropriate.
Counties or ((investment districts)) improvement authorities may
contract with the state department of revenue or other appropriate
entities for administration and collection of the tax. Such contract
shall provide for deduction of an amount for administration and
collection expenses.
(2) The tax shall not apply to employment of a person when the
employer has paid for at least half of the cost of a transit pass
issued by a transit agency for that employee, valid for the period for
which the tax would otherwise be owed.
(3) A county or ((investment district)) improvement authority shall
adopt rules that exempt from all or a portion of the tax any employer
that has entered into an agreement with the county or ((investment
district)) improvement authority that is designed to reduce the
proportion of employees who drive in single-occupant vehicles during
peak commuting periods in proportion to the degree that the agreement
is designed to meet the goals for the employer's location adopted under
RCW 81.100.040.
The agreement shall include a list of specific actions that the
employer will undertake to be entitled to the exemption. Employers
having an exemption from all or part of the tax through this subsection
shall annually certify to the county or ((investment district))
improvement authority that the employer is fulfilling the terms of the
agreement. The exemption continues as long as the employer is in
compliance with the agreement.
If the tax authorized in RCW 81.100.060 is also imposed, the total
proceeds from both tax sources each year shall not exceed the maximum
amount which could be collected under RCW 81.100.060.
Sec. 303 RCW 81.100.060 and 2002 c 56 s 411 are each amended to
read as follows:investment district for capital improvements)) improvement authority,
but only to the extent that the surcharge has not already been imposed
by the county, may, with voter approval, impose a local surcharge of
not more than three-tenths of one percent in the case of a county, or
six-tenths of one percent in the case of an authority of the value on
vehicles registered to a person residing within the county or
improvement authority and not more than 13.64 percent on the state
sales and use taxes paid under the rate in RCW 82.08.020(2) on retail
car rentals within the county or ((investment district)) improvement
authority. A county may impose the surcharge only to the extent that
it has not been imposed by the ((district)) improvement authority. No
surcharge may be imposed on vehicles licensed under RCW 46.16.070
except vehicles with an unladen weight of six thousand pounds or less,
RCW 46.16.079, 46.16.085, or 46.16.090.
Counties or ((investment districts)) improvement authorities
imposing a tax under this section shall contract, before the effective
date of the resolution or ordinance imposing a surcharge,
administration and collection to the state department of licensing, and
department of revenue, as appropriate, which shall deduct an amount, as
provided by contract, for administration and collection expenses
incurred by the department. All administrative provisions in chapters
82.03, 82.32, and 82.44 RCW shall, insofar as they are applicable to
motor vehicle excise taxes, be applicable to surcharges imposed under
this section. All administrative provisions in chapters 82.03, 82.08,
82.12, and 82.32 RCW shall, insofar as they are applicable to state
sales and use taxes, be applicable to surcharges imposed under this
section.
If the tax authorized in RCW 81.100.030 is also imposed, the total
proceeds from tax sources imposed under this section and RCW 81.100.030
each year shall not exceed the maximum amount which could be collected
under this section.
Sec. 304 RCW 81.100.080 and 1990 c 43 s 19 are each amended to
read as follows:
Priorities for construction of high occupancy vehicle lanes and
related facilities shall be as follows:
(1)(a) To accelerate construction of high occupancy vehicle lanes
on the interstate highway system, as well as related facilities;
(b) To finance or accelerate construction of high occupancy vehicle
lanes on the noninterstate state highway system, as well as related
facilities.
(2) To finance construction of high occupancy vehicle lanes on
local arterials, as well as related facilities.
Moneys received by ((an agency)) a county under this chapter shall
be used in addition to, and not as a substitute for, moneys currently
used by the agency for the purposes specified in this section.
Counties and regional transportation improvement authorities may
contract with cities or the state department of transportation for
construction of high occupancy vehicle lanes and related facilities,
and may issue general obligation bonds to fund such construction and
use funds received under this chapter to pay the principal and interest
on such bonds.
Sec. 305 RCW 82.14.430 and 2002 c 56 s 405 are each amended to
read as follows:investment district)) improvement authority may impose
a sales and use tax of up to ((0.5)) 0.2 percent of the selling price
or value of the article used in the case of a use tax. The tax
authorized by this section is in addition to the tax authorized by RCW
82.14.030 and must be collected from those persons who are taxable by
the state under chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within the taxing district. Motor vehicles are exempt
from the sales and use tax imposed under this subsection.
(2) If approved by the majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation
((investment district)) improvement authority may impose a tax on the
use of a motor vehicle within a regional transportation ((investment
district)) improvement authority. The tax applies to those persons who
reside within the regional transportation ((investment district))
improvement authority. The rate of the tax may not exceed ((0.5)) 0.2
percent of the value of the motor vehicle. The tax authorized by this
subsection is in addition to the tax authorized under RCW 82.14.030 and
must be imposed and collected at the time a taxable event under RCW
82.08.020(1) or 82.12.020 takes place. All revenue received under this
subsection must be deposited in the local sales and use tax account and
distributed to the regional transportation ((investment district))
improvement authority according to RCW 82.14.050. The following
provisions apply to the use tax in this subsection:
(a) Where persons are taxable under chapter 82.08 RCW, the seller
shall collect the use tax from the buyer using the collection
provisions of RCW 82.08.050.
(b) Where persons are taxable under chapter 82.12 RCW, the use tax
must be collected using the provisions of RCW 82.12.045.
(c) "Motor vehicle" has the meaning provided in RCW 46.04.320, but
does not include farm tractors or farm vehicles as defined in RCW
46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in
RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(d) "Person" has the meaning given in RCW 82.04.030.
(e) The value of a motor vehicle must be determined under RCW
82.12.010.
(f) Except as specifically stated in this subsection (2), chapters
82.12 and 82.32 RCW apply to the use tax. The use tax is a local tax
imposed under the authority of chapter 82.14 RCW, and chapter 82.14 RCW
applies fully to the use tax.
Sec. 306 RCW 82.80.005 and 2002 c 56 s 415 are each amended to
read as follows:district)) authority" means a regional transportation ((investment
district)) improvement authority created ((under chapter 36.120 RCW))
in chapter 36.-- RCW (sections 101 through 117 of this act).
Sec. 307 RCW 82.80.010 and 2003 c 350 s 1 are each amended to
read as follows:
(a) "Distributor" means every person who imports, refines,
manufactures, produces, or compounds motor vehicle fuel and special
fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells
or distributes the fuel into a county;
(b) "Person" has the same meaning as in RCW 82.04.030.
(2) Subject to the conditions of this section, any county may levy,
by approval of its legislative body and a majority of the registered
voters of the county voting on the proposition at a general or special
election, additional excise taxes equal to ten percent of the statewide
motor vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor
vehicle fuel as defined in RCW 82.36.010 and on each gallon of special
fuel as defined in RCW 82.38.020 sold within the boundaries of the
county. Vehicles paying an annual license fee under RCW 82.38.075 are
exempt from the county fuel excise tax. An election held under this
section must be held not more than twelve months before the date on
which the proposed tax is to be levied. The ballot setting forth the
proposition shall state the tax rate that is proposed. The county's
authority to levy additional excise taxes under this section includes
the incorporated and unincorporated areas of the county. The
additional excise taxes are subject to the same exceptions and rights
of refund as applicable to other motor vehicle fuel and special fuel
excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed
tax shall not be levied less than one month from the date the election
results are certified by the county election officer. The commencement
date for the levy of any tax under this section shall be the first day
of January, April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor
vehicle fuel and on each gallon of special fuel is imposed upon the
distributor of the fuel.
(4) A taxable event for the purposes of this section occurs upon
the first distribution of the fuel within the boundaries of a county to
a retail outlet, bulk fuel user, or ultimate user of the fuel.
(5) All administrative provisions in chapters 82.01, 82.03, and
82.32 RCW, insofar as they are applicable, apply to local option fuel
taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel taxes
under this section, a county shall contract with the department of
revenue for the administration and collection of the taxes. The
contract must provide that a percentage amount, not to exceed one
percent of the taxes imposed under this section, will be deposited into
the local tax administration account created in the custody of the
state treasurer. The department of revenue may spend money from this
account, upon appropriation, for the administration of the local taxes
imposed under this section.
(7) The state treasurer shall distribute monthly to the levying
county and cities contained therein the proceeds of the additional
excise taxes collected under this section, after the deductions for
payments and expenditures as provided in RCW 46.68.090(1) (a) and (b)
and under the conditions and limitations provided in RCW 82.80.080.
(8) The proceeds of the additional excise taxes levied under this
section shall be used strictly for transportation purposes in
accordance with RCW 82.80.070.
(9) A county may not levy the tax under this section if they are
levying the tax in RCW 82.80.110 or if they are a member of a regional
transportation ((investment district)) improvement authority levying
the tax in RCW 82.80.120.
Sec. 308 RCW 82.80.030 and 2002 c 56 s 412 are each amended to
read as follows:district))
authority may fix and impose a parking tax on all persons engaged in a
commercial parking business within its respective jurisdiction. A city
or county may impose the tax only to the extent that it has not been
imposed by the ((district)) authority, and ((a district)) an authority
may impose the tax only to the extent that it has not been imposed by
a city or county. The jurisdiction of a county, for purposes of this
section, includes only the unincorporated area of the county. The
jurisdiction of a city or ((district)) authority includes only the area
within its boundaries.
(2) In lieu of the tax in subsection (1) of this section, a city,
a county in its unincorporated area, or ((a district)) an authority may
fix and impose a tax for the act or privilege of parking a motor
vehicle in a facility operated by a commercial parking business.
The city, county, or ((district)) authority may provide that:
(a) The tax is paid by the operator or owner of the motor vehicle;
(b) The tax applies to all parking for which a fee is paid, whether
paid or leased, including parking supplied with a lease of
nonresidential space;
(c) The tax is collected by the operator of the facility and
remitted to the city, county, or ((district)) authority;
(d) The tax is a fee per vehicle or is measured by the parking
charge;
(e) The tax rate varies with zoning or location of the facility,
the duration of the parking, the time of entry or exit, the type or use
of the vehicle, or other reasonable factors; and
(f) Tax exempt carpools, vehicles with handicapped decals, or
government vehicles are exempt from the tax.
(3) "Commercial parking business" as used in this section, means
the ownership, lease, operation, or management of a commercial parking
lot in which fees are charged. "Commercial parking lot" means a
covered or uncovered area with stalls for the purpose of parking motor
vehicles.
(4) The rate of the tax under subsection (1) of this section may be
based either upon gross proceeds or the number of vehicle stalls
available for commercial parking use. The rates charged must be
uniform for the same class or type of commercial parking business.
(5) The county, city, or ((district)) authority levying the tax
provided for in subsection (1) or (2) of this section may provide for
its payment on a monthly, quarterly, or annual basis. Each local
government may develop by ordinance or resolution rules for
administering the tax, including provisions for reporting by commercial
parking businesses, collection, and enforcement.
(6) The proceeds of the commercial parking tax fixed and imposed by
a city or county under subsection (1) or (2) of this section shall be
used strictly for transportation purposes in accordance with RCW
82.80.070. The proceeds of the parking tax imposed by ((a district))
an authority must be used as provided in chapter ((36.120)) 36.-- RCW
(sections 101 through 117 of this act).
Sec. 309 RCW 82.80.070 and 2002 c 56 s 413 are each amended to
read as follows:
(2) The local option transportation revenues shall be expended for
transportation uses consistent with the adopted transportation and land
use plans of the jurisdiction expending the funds and consistent with
any applicable and adopted regional transportation plan for
metropolitan planning areas.
(3) Each local government with a population greater than eight
thousand that levies or expends local option transportation funds, is
also required to develop and adopt a specific transportation program
that contains the following elements:
(a) The program shall identify the geographic boundaries of the
entire area or areas within which local option transportation revenues
will be levied and expended.
(b) The program shall be based on an adopted transportation plan
for the geographic areas covered and shall identify the proposed
operation and construction of transportation improvements and services
in the designated plan area intended to be funded in whole or in part
by local option transportation revenues and shall identify the annual
costs applicable to the program.
(c) The program shall indicate how the local transportation plan is
coordinated with applicable transportation plans for the region and for
adjacent jurisdictions.
(d) The program shall include at least a six-year funding plan,
updated annually, identifying the specific public and private sources
and amounts of revenue necessary to fund the program. The program
shall include a proposed schedule for construction of projects and
expenditure of revenues. The funding plan shall consider the
additional local tax revenue estimated to be generated by new
development within the plan area if all or a portion of the additional
revenue is proposed to be earmarked as future appropriations for
transportation improvements in the program.
(4) Local governments with a population greater than eight thousand
exercising the authority for local option transportation funds shall
periodically review and update their transportation program to ensure
that it is consistent with applicable local and regional transportation
and land use plans and within the means of estimated public and private
revenue available.
(5) In the case of expenditure for new or expanded transportation
facilities, improvements, and services, priorities in the use of local
option transportation revenues shall be identified in the
transportation program and expenditures shall be made based upon the
following criteria, which are stated in descending order of weight to
be attributed:
(a) First, the project serves a multijurisdictional function;
(b) Second, it is necessitated by existing or reasonably
foreseeable congestion;
(c) Third, it has the greatest person-carrying capacity;
(d) Fourth, it is partially funded by other government funds, such
as from the state transportation improvement board, or by private
sector contributions, such as those from the local transportation act,
chapter 39.92 RCW; and
(e) Fifth, it meets such other criteria as the local government
determines is appropriate.
(6) It is the intent of the legislature that as a condition of
levying, receiving, and expending local option transportation revenues,
no local government agency use the revenues to replace, divert, or loan
any revenues currently being used for transportation purposes to
nontransportation purposes. ((The association of Washington cities and
the Washington state association of counties, in consultation with the
legislative transportation committee, shall study the issue of
nondiversion and make recommendations to the legislative transportation
committee for language implementing the intent of this section by
December 1, 1990.))
(7) Local governments are encouraged to enter into interlocal
agreements to jointly develop and adopt with other local governments
the transportation programs required by this section for the purpose of
accomplishing regional transportation planning and development.
(8) Local governments may use all or a part of the local option
transportation revenues for the amortization of local government
general obligation and revenue bonds issued for transportation purposes
consistent with the requirements of this section.
(9) Subsections (1) through (8) of this section do not apply to a
regional transportation ((investment district)) improvement authority
imposing a tax or fee under the local option authority of this chapter.
Proceeds collected under the exercise of local option authority under
this chapter by ((a district)) an authority must be used in accordance
with chapter ((36.120)) 36.-- RCW (sections 101 through 117 of this
act).
Sec. 310 RCW 82.80.080 and 2002 c 56 s 414 are each amended to
read as follows:
(2) The state treasurer shall distribute revenues, less authorized
deductions, generated by the local option taxes authorized in RCW
82.80.010 and 82.80.020 levied by qualifying cities and towns to the
levying cities and towns.
(3) The state treasurer shall distribute to the district revenues,
less authorized deductions, generated by the local option taxes under
RCW 82.80.010 or fees under RCW 82.80.100 levied by ((a district)) an
authority.
Sec. 311 RCW 82.80.100 and 2002 c 56 s 408 are each amended to
read as follows:investment district)) improvement authority may set
and impose an annual local option vehicle license fee, or a schedule of
fees based upon the age of the vehicle, of up to one hundred dollars
per motor vehicle registered within the boundaries of the region on
every motor vehicle. As used in this section "motor vehicle" has the
meaning provided in RCW 46.04.320, but does not include farm tractors
or farm vehicles as defined in RCW 46.04.180 and 46.04.181, off-road
and nonhighway vehicles as defined in RCW 46.09.020, and snowmobiles as
defined in RCW 46.10.010. Vehicles registered under chapter 46.87 RCW
and the international registration plan are exempt from the annual
local option vehicle license fee set forth in this section. The
department of licensing shall administer and collect this fee on behalf
of regional transportation ((investment districts)) improvement
authorities and remit this fee to the custody of the state treasurer
for monthly distribution under RCW 82.80.080.
(2) ((The local option vehicle license fee applies only when
renewing a vehicle registration, and is effective upon the registration
renewal date as provided by the department of licensing.)) A regional transportation ((
(3)investment district)) improvement
authority imposing the local option vehicle license fee or initiating
an exemption process shall enter into a contract with the department of
licensing. The contract must contain provisions that fully recover the
costs to the department of licensing for collection and administration
of the fee.
(((4))) (3) A regional transportation ((investment district))
improvement authority imposing the local option fee shall delay the
effective date of the local option vehicle license fee imposed by this
section at least six months from the date of the final certification of
the approval election to allow the department of licensing to implement
the administration and collection of or exemption from the fee.
Sec. 312 RCW 82.80.110 and 2003 c 350 s 2 are each amended to
read as follows:
(a) "Distributor" means every person who imports, refines,
manufactures, produces, or compounds motor vehicle fuel and special
fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells
or distributes the fuel into a county;
(b) "Person" has the same meaning as in RCW 82.04.030.
(2) For purposes of dedication to a regional transportation
((investment district)) improvement authority plan under chapter
((36.120)) 36.-- RCW (sections 101 through 117 of this act), subject to
the conditions of this section, a county may levy additional excise
taxes equal to ten percent of the statewide motor vehicle fuel tax rate
under RCW 82.36.025 on each gallon of motor vehicle fuel as defined in
RCW 82.36.010 and on each gallon of special fuel as defined in RCW
82.38.020 sold within the boundaries of the county. The additional
excise tax is subject to the approval of the county's legislative body
and a majority of the registered voters of the county voting on the
proposition at a general or special election. An election held under
this section must be held not more than twelve months before the date
on which the proposed tax is to be levied. The ballot setting forth
the proposition must state that the revenues from the tax will be used
for a regional transportation ((investment district)) improvement
authority plan. The county's authority to levy additional excise taxes
under this section includes the incorporated and unincorporated areas
of the county. Vehicles paying an annual license fee under RCW
82.38.075 are exempt from the county fuel excise tax. The additional
excise taxes are subject to the same exceptions and rights of refund as
applicable to other motor vehicle fuel and special fuel excise taxes
levied under chapters 82.36 and 82.38 RCW. The proposed tax may not be
levied less than one month from the date the election results are
certified by the county election officer. The commencement date for
the levy of any tax under this section will be the first day of
January, April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor
vehicle fuel and on each gallon of special fuel is imposed upon the
distributor of the fuel.
(4) A taxable event for the purposes of this section occurs upon
the first distribution of the fuel within the boundaries of a county to
a retail outlet, bulk fuel user, or ultimate user of the fuel.
(5) All administrative provisions in chapters 82.01, 82.03, and
82.32 RCW, insofar as they are applicable, apply to local option fuel
taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel taxes
under this section, a county shall contract with the department of
revenue for the administration and collection of the taxes. The
contract must provide that a percentage amount, not to exceed one
percent of the taxes imposed under this section, will be deposited into
the local tax administration account created in the custody of the
state treasurer. The department of revenue may spend money from this
account, upon appropriation, for the administration of the local taxes
imposed under this section.
(7) The state treasurer shall distribute monthly to the county
levying the tax as part of a regional transportation investment plan,
after the deductions for payments and expenditures as provided in RCW
46.68.090(1) (a) and (b).
(8) The proceeds of the additional taxes levied by a county in this
section, to be used as a part of a regional transportation investment
plan, must be used in accordance with chapter ((36.120)) 36.-- RCW
(sections 101 through 117 of this act), but only for those areas that
are considered "highway purposes" as that term is construed in Article
II, section 40 of the state Constitution.
(9) A county may not levy the tax under this section if they are a
member of a regional transportation ((investment district)) improvement
authority that is levying the tax in RCW 82.80.120 or the county is
levying the tax in RCW 82.80.010.
Sec. 313 RCW 82.80.120 and 2003 c 350 s 3 are each amended to
read as follows:
(a) "Distributor" means every person who imports, refines,
manufactures, produces, or compounds motor vehicle fuel and special
fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells
or distributes the fuel into a county;
(b) "Person" has the same meaning as in RCW 82.04.030;
(c) "((District)) Authority" means a regional transportation
((investment district)) improvement authority under chapter ((36.120))
36.-- RCW (sections 101 through 117 of this act).
(2) A regional transportation ((investment district)) improvement
authority under chapter ((36.120)) 36.-- RCW (sections 101 through 117
of this act), subject to the conditions of this section, may levy
additional excise taxes equal to ten percent of the statewide motor
vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor
vehicle fuel as defined in RCW 82.36.010 and on each gallon of special
fuel as defined in RCW 82.38.020 sold within the boundaries of the
((district)) authority. The additional excise tax is subject to the
approval of a majority of the voters within the ((district)) authority
boundaries. Vehicles paying an annual license fee under RCW 82.38.075
are exempt from the ((district's)) authority's fuel excise tax. The
additional excise taxes are subject to the same exceptions and rights
of refund as applicable to other motor vehicle fuel and special fuel
excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed
tax may not be levied less than one month from the date the election
results are certified. The commencement date for the levy of any tax
under this section will be the first day of January, April, July, or
October.
(3) The local option motor vehicle fuel tax on each gallon of motor
vehicle fuel and on each gallon of special fuel is imposed upon the
distributor of the fuel.
(4) A taxable event for the purposes of this section occurs upon
the first distribution of the fuel within the boundaries of the
((district)) authority to a retail outlet, bulk fuel user, or ultimate
user of the fuel.
(5) All administrative provisions in chapters 82.01, 82.03, and
82.32 RCW, insofar as they are applicable, apply to local option fuel
taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel taxes
under this section, ((a district)) an authority shall contract with the
department of revenue for the administration and collection of the
taxes. The contract must provide that a percentage amount, not to
exceed one percent of the taxes imposed under this section, will be
deposited into the local tax administration account created in the
custody of the state treasurer. The department of revenue may spend
money from this account, upon appropriation, for the administration of
the local taxes imposed under this section.
(7) The state treasurer shall distribute monthly to the
((district)) authority levying the tax as part of the regional
transportation ((investment district)) improvement authority plan,
after the deductions for payments and expenditures as provided in RCW
46.68.090(1) (a) and (b).
(8) The proceeds of the additional taxes levied by ((a district))
an authority in this section, to be used as a part of a regional
transportation ((investment district)) improvement authority plan, must
be used in accordance with chapter ((36.120)) 36.-- RCW (sections 101
through 117 of this act), but only for those areas that are considered
"highway purposes" as that term is construed in Article II, section 40
of the state Constitution.
(9) ((A district)) An authority may not levy the tax in this
section if a member county is levying the tax in RCW 82.80.010 or
82.80.110.
Sec. 314 RCW 47.56.075 and 2002 c 56 s 404 are each amended to
read as follows:investment district)) improvement authority,
city, town, or county.
NEW SECTION. Sec. 315 A new section is added to chapter 36.--
RCW (sections 101 through 117 of this act) to read as follows:
NEW SECTION. Sec. 316 A new section is added to chapter 82.80
RCW to read as follows:
(2) Charges imposed may be collected either periodically in a
manner prescribed by the authority or annually by the department of
licensing upon renewal of the vehicle license. The authority may
identify categories of miles driven that are subject to or exempt from
the charge, including but not limited to, travel outside the authority,
travel in specified corridors, time of travel, or exempt or maximum
mileage charges.
(3) The mileage charge under this section is subject to the
approval of the transportation commission or its statutory successor
and the authority to impose a charge is subject to voter approval as
set forth in section 107 of this act.
(4) An authority imposing a mileage charge collected annually by
the department of licensing upon renewal of the vehicle license shall
enter into a contract with the department of licensing. The contract
must contain provisions that fully recover the costs to the department
of licensing for collection and administration of the charge. The
authority imposing this charge or initiating an exemption process shall
provide at least six months' notice to the department of licensing
before the implementation of any changes in registration amounts or
exemptions.
Sec. 317 RCW 47.56.076 and 2002 c 56 s 403 are each amended to
read as follows:and
only for the purposes authorized in RCW 36.120.050(1)(f),)) a regional
transportation ((investment district)) improvement authority may
((impose)) authorize vehicle tolls on a state ((routes where
improvements financed in whole or in part by a regional transportation
investment district add additional lanes to, or reconstruct lanes on,
a highway of statewide significance)) or federal highway within the
boundaries of the authority. The department shall administer the
collection of vehicle tolls authorized on designated facilities unless
otherwise specified in law or by contract, and the state transportation
commission, or its successor, shall ((be the tolling authority)) set
and impose the tolls in amounts sufficient to implement the regional
transportation improvement plan.
NEW SECTION. Sec. 318 A new section is added to chapter 47.56
RCW to read as follows:
NEW SECTION. Sec. 401
The legislature further finds that coordinated planning, investment
in, and operation of transportation systems by the state and local
governments can help ensure an efficient, effective transportation
system that addresses community needs. Such coordination can also
enhance local and state objectives for effective regional
transportation strategies and effective coordination between land use
and transportation.
The legislature finds that addressing this need for better
accountability and coordination requires a comprehensive regional
examination of alternative methods for consolidating and coordinating
transportation efforts, and improving accountability. This examination
is best accomplished by an independent body of experts in governmental
organization and transportation issues. It further finds that the
results of this process will guide the legislature and the public in
shaping changes to ensure public confidence in public institutions and
tax expenditures.
NEW SECTION. Sec. 402
(2) The commission shall evaluate transportation governance in the
central Puget Sound area under the jurisdiction of the Puget Sound
regional council. This evaluation must include an assessment of the
current roles of regional transportation agencies including regional
transportation and metropolitan planning organizations, the regional
transit authority, regional transportation improvement authorities,
county and municipal agencies operating transit services, and cities
and counties and other public agencies providing transportation
services or facilities. The commission shall assess and develop
recommendations for what steps should be taken to:
(a) Consolidate governance among agencies including changes in
institutional powers, structures, and relationships and governance
needed to improve accountability for transportation decisions, while
enhancing the regional focus for transportation decisions and
maintaining equity among citizens in the region;
(b) Improve coordination in the planning of transportation
investments and services;
(c) Improve investment strategies;
(d) Coordinate transportation planning and investments with adopted
land use policies within the region;
(e) Enhance efficiency and coordination in the delivery of services
provided;
(f) Adjust boundaries for agencies or functions within the region
to address existing and future transportation and land use issues; and
(g) Improve coordination between regional investments and federal
funds, and state funding including those administered by the
transportation improvement board, the county road administration board,
and the freight mobility strategic investment board.
(3) The commission shall make public its preliminary findings and
recommendations by November 15, 2005, and shall provide at least
fifteen days for public comment. The commission shall then adopt its
findings and recommendations and submit them to the legislature by
January 1, 2006.
(4) The commission shall conduct public meetings to assure active
public participation in the development of the recommendations.
NEW SECTION. Sec. 403
NEW SECTION. Sec. 501 The following acts or parts of acts are
each repealed:
(1) RCW 36.120.010 (Findings) and 2002 c 56 s 101;
(2) RCW 36.120.020 (Definitions) and 2002 c 56 s 102;
(3) RCW 36.120.030 (Planning committee formation) and 2002 c 56 s
103;
(4) RCW 36.120.040 (Planning committee duties) and 2003 c 194 s 1
& 2002 c 56 s 104;
(5) RCW 36.120.050 (Taxes, fees, and tolls) and 2003 c 350 s 4 &
2002 c 56 s 105;
(6) RCW 36.120.060 (Project selection -- Performance criteria) and
2002 c 56 s 106;
(7) RCW 36.120.070 (Submission of plan to the voters) and 2002 c 56
s 107;
(8) RCW 36.120.080 (Formation -- Certification) and 2002 c 56 s 108;
(9) RCW 36.120.090 (Governing board -- Composition) and 2002 c 56 s
109;
(10) RCW 36.120.100 (Governing board -- Organization) and 2002 c 56
s 110;
(11) RCW 36.120.110 (Governing board -- Powers and duties -- Intent)
and 2002 c 56 s 111;
(12) RCW 36.120.120 (Treasurer) and 2002 c 56 s 112;
(13) RCW 36.120.130 (Indebtedness -- Bonds -- Limitation) and 2003 c
372 s 1 & 2002 c 56 s 113;
(14) RCW 36.120.140 (Transportation project or plan modification--Accountability) and 2003 c 194 s 2 & 2002 c 56 s 114;
(15) RCW 36.120.150 (Department of transportation -- Role) and 2002
c 56 s 115;
(16) RCW 36.120.160 (Ownership of improvements) and 2002 c 56 s
116;
(17) RCW 36.120.170 (Dissolution of district) and 2002 c 56 s 117;
(18) RCW 36.120.180 (Findings -- Regional models -- Grants) and 2002 c
56 s 118;
(19) RCW 36.120.190 (Joint ballot measure) and 2002 c 56 s 201;
(20) RCW 36.120.200 (Regional transportation investment district
account) and 2002 c 56 s 401;
(21) RCW 36.120.900 (Captions and subheadings not law -- 2002 c 56)
and 2002 c 56 s 501; and
(22) RCW 36.120.901 (Severability -- 2002 c 56) and 2002 c 56 s 503.
NEW SECTION. Sec. 601
NEW SECTION. Sec. 602
NEW SECTION. Sec. 603
NEW SECTION. Sec. 604