BILL REQ. #: H-3221.5
| State of Washington | 59th Legislature | 2006 Regular Session |
Prefiled 1/6/2006. Read first time 01/09/2006. Referred to Committee on Transportation.
AN ACT Relating to regional transportation governance; amending RCW 47.56.076, 36.120.050, 36.120.130, 36.120.020, 36.120.030, 36.120.040, 36.120.070, 36.120.190, 81.112.030, 35.58.2795, 35.95A.030, 35.95A.070, 35.95A.080, 35.95A.090, 35.95A.100, 36.120.090, 36.120.110, 36.120.140, 47.26.080, 47.26.086, 47.80.020, 47.80.030, 47.80.040, 47.80.060, and 81.112.040; adding a new section to chapter 82.80 RCW; adding a new section to chapter 47.56 RCW; adding a new section to chapter 82.14 RCW; adding a new chapter to Title 36 RCW; creating new sections; providing a contingent effective date; and providing for submission of this act to a vote of the people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101
The legislature further finds that coordinated planning, investment
in, and operation of transportation systems by the state and by local
governments, can help ensure an efficient, effective transportation
system that ensures mobility and addresses community needs. Improved
planning, investment, and operation can also enhance local and state
objectives for effective regional transportation strategies and
effective coordination between land use and transportation.
The legislature further finds that addressing this need for better
accountability and coordinated action regarding transportation and
comprehensive planning necessitates an innovative approach. Improved
integration among transportation programs, particularly in the state's
largest metropolitan area is imperative, and will have significant
benefit to the citizens of Washington. This integrated approach to
regional transportation planning and finance is required in both the
near term and the long term.
The legislature further finds that it is the will of the citizens
of Washington to have a single regional government council to assume
responsibility for the metropolitan planning function and be the
designated regional transportation planning organization for its area.
It is therefore the policy of the state of Washington to provide
the authority for the citizens of the central Puget Sound counties to
create a single regional government council, more directly accountable
to the public, with adequate resources to develop and encourage
implementation of a comprehensive transportation plan within the
state's largest urbanized region.
NEW SECTION. Sec. 102
(1) "Authority" means the Puget Sound regional transportation
system authority created under section 103 of this act.
(2) "Council" means the Puget Sound regional transportation system
authority council created under section 105 of this act, and the
governing body of the district.
(3) "Policy advisory committee" or "committee" means the policy
advisory committee authorized in section 202 of this act.
(4) "Public transportation providers" means those agencies
providing transit services to the public including public agencies that
operate ferries, regional transit authorities, public transit agencies,
and city transportation authorities.
(5) "Puget Sound regional council" means the Puget Sound regional
council, which, as of January 1, 2006, is the organization designated
by units of general purpose local governments within the region as the
metropolitan planning organization under federal requirements and as
the regional transportation organization under chapter 47.80 RCW, or
any successor organization.
(6) "Project of regional significance" means those projects
identified by the characteristics set forth in section 201 (3) and (4)
of this act.
(7) "Region" means that area within the jurisdiction of the
council.
(8) "Regional transportation investment plan" or "plan" means a
regional transportation investment plan as defined in RCW 36.120.020,
until the later of (a) January 1, 2008, or (b) approval by the voters
of formation of the regional transportation system authority under
section 507 of this act, upon either of which event "regional
transportation investment plan" or "plan" means the plan prepared by
the council under section 201 of this act.
NEW SECTION. Sec. 103
NEW SECTION. Sec. 104
The counties shall provide for the nomination and election of
nonpartisan authority councilors at the state's September primary and
November general elections.
NEW SECTION. Sec. 105
(2) Composition. Beginning January 1, 2008, the council consists
of nine nonpartisan councilors, one elected at large and designated as
president of the council, and eight nominated and elected from
individual districts within the region.
(3) Initial terms of office. The terms of office of the four
councilors receiving the highest number of votes among the eight
councilors elected in 2007 end on the first Monday of 2012. The terms
of office of the other four councilors end on the first Monday of 2009.
Thereafter the term of office of councilor is four years. The first
term of the president ends the first Monday of 2012.
(4) Presiding officer, council president. The council president
presides over the council. The council president sets the council
agenda subject to general rules established by a council-adopted
ordinance. Except as provided otherwise in this chapter, the council
president appoints all members of the committees, commissions, and
boards created by the rules of the council and ordinances of the
authority.
(5) Annual organizing resolution. At the first council meeting
each January the council shall adopt an annual organizing resolution
naming a deputy and establishing such committees as the council deems
necessary for the orderly conduct of council business.
(6) Council meetings. The council shall meet regularly in the area
at times and places it designates. The council shall prescribe by
ordinance the rules to govern conduct of its meetings. Except as this
chapter provides otherwise, the agreement of a majority of councilors
present and constituting a quorum is necessary to decide affirmatively
a question before the council.
(7) Quorum. A majority of councilors in office is a quorum for
council business, but fewer councilors may compel absent councilors to
attend.
(8) Record of proceedings. The council shall keep and authenticate
a record of council proceedings.
NEW SECTION. Sec. 106
(2) First election; disqualification for councilor. The auditor is
first nominated and elected in the first statewide primary and general
election in 2007. During the term for which elected, and for four
years thereafter, the auditor is ineligible to hold the office of
authority councilor.
(3) Duties. The auditor shall: (a) Make continuous investigations
of the operations of the authority, including financial and performance
auditing, review of agency performance measures, and review of
financial transactions, personnel, equipment, facilities, and all other
aspects of those operations; and (b) make reports to the council of the
results of any investigation with any recommendations for remedial
action. Except as provided in this section, the auditor may not be
given responsibility to perform any executive function.
NEW SECTION. Sec. 201
(1) Be the designated regional transportation planning organization
for its area and have, except where provided otherwise, the same duties
and obligations of those organizations as prescribed in chapter 47.80
RCW;
(2) Assume the responsibility for the metropolitan planning
function within the region, and act as the governing body for that
activity, to the fullest extent permitted by 23 U.S.C. Sec. 134. The
jurisdiction and power of any existing metropolitan planning
organization, and its plans or programs necessary to obtain federal
transportation funds or to maintain compliance with federal clean air
laws, remain in full force and effect until the council is recognized
by applicable federal government units as the metropolitan planning
organization for each county represented by the council;
(3) Identify those transportation facilities and services within
the region provided by the department of transportation, cities,
counties, public transportation providers, and other publicly financed
transportation providers that serve regionally significant corridors or
are otherwise regionally significant;
(4) Prepare and adopt a plan setting forth the priorities for
investment and the allocation of resources for operating and investment
for those regionally significant transportation facilities and services
for each of those agencies enumerated in subsection (3) of this
section. The goal is an integrated and systematic approach for
investment resulting in a coordinated transportation network. To
achieve this goal:
(a) The council may enter into interlocal contracts and memoranda
of understanding for the affected agencies to reimburse the council for
the costs of these planning functions; and
(b) The plan shall use tax revenues and related debt for
investments that generally provide network benefits to a subarea or
county of the district authority in proportion to the general level of
tax revenues generated within that subarea or county. This geographic
equity principle applies to the overall investment plan and not within
investments in specific modes of transportation in the plan. This
geographic equity principle applies to all modifications to the plan,
appropriation of contingency funds not identified within the project
estimate, and future phases of the plan. During implementation of the
plan, the council shall retain the flexibility to manage distribution
of revenues, debt, and project schedules so that the authority may
effectively implement the plan. Nothing in this section should be
interpreted to prevent the authority from pledging authority-wide tax
revenues for payment of any contract or debt.
(5) Plan, develop, and enforce standards for the coordination of
public transportation services in the region as set forth in section
204 of this act;
(6) Plan, develop, and enforce standards for the coordination of
regional traffic operations in the region as set forth in section 205
of this act;
(7) Approve in total, or disapprove all or certain elements of the
regional transportation investment plan submitted to it by the policy
advisory committee;
(8) Effective January 1, 2008, assume the role as governing
authority for any regional transportation investment district under
chapter 36.120 RCW located within the boundaries of the region;
(9) Effective January 1, 2008, assume the role as governing
authority for any regional transit authority under chapter 81.112 RCW
located within the boundaries of the region;
(10) Effective January 1, 2008, assume the role as governing
authority for the city transportation authorities in the Puget Sound;
(11) Appoint any other advisory committees it deems necessary to
carry out the intent of this chapter.
NEW SECTION. Sec. 202
(2) After appointment a vote of both a majority of the policy
advisory committee and a majority of all councilors may change the
composition of the committee at any time.
(3) The policy advisory committee shall perform the duties assigned
to it in this chapter and any other duties the council prescribes.
(4) The policy advisory committee shall adopt bylaws governing the
conduct and recording of its meetings and the terms of its members.
NEW SECTION. Sec. 203
(1) Provide a forum for representatives from local and state units
of government to assess transportation policies and programs throughout
the region, evaluate transportation needs, and to make recommendations
to the council;
(2) Develop a recommended regional plan and a regional
transportation investment plan, to be forwarded to the council for
approval or rejection;
(3) Develop and recommend to the council the allocation of federal
funds available to the region;
(4) Review public agencies' plans for consistency under sections
204 and 205 of this act and make recommendations to the council.
NEW SECTION. Sec. 204
(2) In addition to the duties under section 201 of this act, the
council shall approve each plan prepared under RCW 35.58.2795 by public
transportation providers operating in the region, if it finds that
those plans meet the standards developed under subsection (1) of this
section. If the council finds that those plans do not meet the
standards set forth in subsection (1) of this section, it shall
immediately notify the agency that prepared the plan of the reasons for
noncompliance. The plan may be amended and resubmitted to the council.
(3) If the council does not approve the plan of a public
transportation provider operating in its area of jurisdiction, that
agency's plan may not be included in the regional transportation
investment plan.
NEW SECTION. Sec. 205
(2) The council shall ensure that elements of the regional
transportation investment plan include a regional traffic operations
coordination element that meets the standards under subsection (1) of
this section. This plan must include the appropriate application of
intelligent transportation systems technologies to the freeways and
regional arterials, coordination of signal timing on regional
arterials, and the coordination of operating policies on freeways and
regional arterials to ensure that the system of freeways and regional
arterials operates as an integrated network.
NEW SECTION. Sec. 301
NEW SECTION. Sec. 302
(2) Council president and auditor. The council president and
auditor must each be a qualified elector under the Constitution of this
state when his or her term of office begins and each must have resided
during the preceding twelve months within the boundaries of the
authority as they existed when the term of office began. At the time
of election or appointment, the auditor must also hold the designation
of certified public accountant or certified internal auditor.
(3) Multiple elected offices. An authority elected officer may not
be an elected officer of the state or a city, county, or special
district during his or her term of office. As used in this chapter,
special district does not include school districts.
(4) Judging elections and qualifications. The council is the judge
of the election and qualification of its members.
(5) Oath. Before assuming office an elected officer shall take an
oath or affirm that he or she will faithfully perform the duties of the
office and support the constitutions and laws of the United States and
this state and the charter and laws of the authority.
(6) The salary of the council president will be equal to the salary
of members of the county legislative authority of the largest county
within the authority. The salary of each other councilor will be two-thirds of the salary of the president. The salary of the auditor will
be eighty percent of the salary of the president.
NEW SECTION. Sec. 303
(2) Council president and auditor. The offices of council
president or auditor become vacant in the circumstances described in
subsection (1)(a) through (d) and (g) through (j) of this section, or
if the council president or auditor ceases to reside in the area. The
office of auditor also becomes vacant if the incumbent ceases to hold
the designation of certified public accountant or certified internal
auditor.
(3) Determination of vacancy. The council is the final judge of
the existence of a vacancy.
NEW SECTION. Sec. 304
NEW SECTION. Sec. 305
NEW SECTION. Sec. 401 A new section is added to chapter 36.--
RCW (sections 101 through 305 of this act) to read as follows:
NEW SECTION. Sec. 402 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 district governing board or authority council
or annually by the department of licensing upon renewal of the vehicle
license. The district governing board or authority council may
identify categories of miles driven that are subject to or exempt from
the charge, including but not limited to, travel outside the district
or 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.
(4) A district governing board or an authority council 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 district governing board or
authority council 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. 403 RCW 47.56.076 and 2005 c 335 s 3 are each amended to
read as follows:Upon approval of a majority of the voters
within its boundaries voting on the ballot proposition, and only for
the purposes authorized in RCW 36.120.050(1)(g))) With the approval of
the transportation commission, or its successor, a regional
transportation investment district or regional transportation system
authority may authorize and set 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 district or 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 investment plan under section 201
of this act.
NEW SECTION. Sec. 404 A new section is added to chapter 47.56
RCW to read as follows:
Sec. 405 RCW 36.120.050 and 2003 c 350 s 4 are each amended to
read as follows:
(1) A regional transportation investment district planning
committee may, as part of a regional transportation investment plan,
recommend the imposition of some or all of the following revenue
sources, which a regional transportation investment district may impose
upon approval of the voters as provided in this chapter:
(a) A regional sales and use tax, as specified in RCW 82.14.430, of
up to 0.5 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
investment district. This tax is intended to be temporary in nature to
supplement district revenues until implementation of some or all of the
systemwide pricing plan required by this act. This tax may not be
authorized for a period in excess of ten years and may be extended for
a period up to ten years with an affirmative vote of the voters in the
district;
(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
district. 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 and
chapter 81.104 RCW;
(e) A local option fuel tax under RCW 82.80.120;
(f) An employer excise tax under RCW 81.100.030; ((and))
(g) Vehicle tolls on new or reconstructed ((facilities.)) local or
regional arterials or state or federal highways within the boundaries
of the district, if the following conditions are met:
(i) Any such toll must be approved by the transportation
commission, or its successor;
(ii) The regional transportation investment plan must identify the
facilities that may be tolled; and
(iii) 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;
(h) A network value pricing charge based on vehicle travel for
users of transportation facilities in the district as set forth in
section 402 of this act as approved by the transportation commission or
its successor entity; and
(i) A sales and use tax as set forth in section 407 of this act.
(2) Taxes, fees, ((and)) tolls, and charges may not be imposed
without an affirmative vote of the majority of the voters within the
boundaries of the district voting on a ballot proposition as set forth
in RCW 36.120.070. Revenues from these taxes and fees may be used only
to implement the plan as set forth in this chapter. A district may
contract with the state department of revenue or other appropriate
entities for administration and collection of any of the taxes ((or)),
fees, tolls, or charges authorized in this section.
(3) Existing statewide motor vehicle fuel and special fuel taxes,
at the distribution rates in effect on January 1, 2001, are not
intended to be altered by this chapter.
Sec. 406 RCW 36.120.130 and 2003 c 372 s 1 are each amended to
read as follows:
(1)(a) Notwithstanding RCW 39.36.020(1), the district may at any
time contract indebtedness or borrow money for district purposes and
may issue general obligation bonds or other evidences of indebtedness,
secured by the pledge of one or more of the taxes, tolls, charges, or
fees authorized to be imposed by the district, in an amount not
exceeding, together with any existing indebtedness of the district not
authorized by the voters, one and one-half percent of the value of the
taxable property within the boundaries of the district.
(b) With the assent of three-fifths of the voters voting at an
election, a district may contract indebtedness or borrow money for
district purposes and may issue general obligation bonds or other
evidences of indebtedness as long as the total indebtedness of the
district does not exceed five percent of the value of the taxable
property within the district, including indebtedness authorized under
(a) of this subsection. The bonds shall be issued and sold in
accordance with chapter 39.46 RCW.
(2) The district 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 district, to provide funds
to carry out its authorized functions without submitting the matter to
the voters of the district. These obligations shall be issued and sold
in accordance with chapter 39.46 RCW.
(3) The district 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 district 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
shall be binding for their terms, but not to exceed thirty years, and
no tax pledged by an agreement may be eliminated or modified if it
would impair the pledge made in any agreement.
(4) It is the intent of the legislature that the regional
transportation investment plan developed by the district minimize its
reliance on bonds and that the district rely to the extent possible on
revenues and charges generated by the systemwide pricing system. The
issuance of bonds is authorized to address critical transportation
expenditures and to better manage the revenues and expenditure
commitments of the district.
(5) Once construction of projects in the plan has been completed,
revenues collected by the district may only be used for the following
purposes: (a) Payment of principal and interest on outstanding
indebtedness of the district; (b) to make payments required under a
pledging agreement; and (c) to make payments for maintenance and
operations of toll facilities as may be required by toll bond
covenants.
NEW SECTION. Sec. 407 A new section is added to chapter 82.14
RCW to read as follows:
If approved by the majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation investment
district may impose a sales and use tax. The tax authorized in this
section shall be in addition to any other taxes authorized by law and
shall be collected from those persons who are taxable by the state
under chapters 82.08 and 82.12 RCW. The rate of the tax shall be the
percentage difference between the sales and use tax imposed for public
transportation systems, under RCW 82.14.045, in the affected area and
the maximum authorized sales and use tax. The tax authorized in this
section shall not be imposed for more than ten years.
Sec. 501 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, 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)), developed jointly with
the regional transit authority, to improve transportation system
performance through the development, construction, and financing of
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. However, operations, preservation, and maintenance of
toll-related facilities where toll revenues have been pledged for the
payment of contracts is expressly authorized and may 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. 502 RCW 36.120.030 and 2002 c 56 s 103 are each amended to
read as follows:
Regional transportation investment district planning committees are
advisory entities that are created, convened, and empowered as follows:
(1) A county with a population over one million five hundred
thousand persons and any adjoining counties with a population over five
hundred thousand persons may create a regional transportation
investment district and shall convene a regional transportation
investment district planning committee.
(a) The boundaries of the district should include at least the
contiguous areas within the regional transit authority serving the
counties. A city must be entirely within or entirely outside district
boundaries. The boundaries must be proposed by the district and
approved by the county legislative authorities by ordinance before or
in conjunction with approval of a regional transportation investment
plan. However, any portion of a county that is located on a peninsula
may be exempt from a regional transportation investment district in
which more than one county is included if the portion of the county
located on the peninsula is connected to the other portion of the
county by a bridge improved under the public-private transportation
initiatives act, chapter 47.46 RCW, and the county has a national park
and a population of more than five hundred thousand persons, but less
than one million five hundred thousand persons.
(b) After voters within the district boundaries have approved a
plan under section 507 of this act, elections to add areas to the
district boundaries may be called by a resolution of the board, 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 district, approval of the plan, and
approval of revenue sources necessary to finance the plan. The
electorate will be the voters voting within the proposed area to be
annexed. A simple majority of the persons voting on the single ballot
measure is required for approval of the measure. This option for
annexation applies to areas within the counties initially establishing
a district 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 a district under this subsection.
(2) The members of the legislative authorities participating in
planning under this chapter shall serve as the district planning
committee. Members of the planning committee receive no compensation,
but may be reimbursed for travel and incidental expenses as the
planning committee deems appropriate.
The secretary of transportation, or the appropriate regional
administrator of the department, as named by the secretary, shall serve
on the committee as a nonvoting member.
(3) A regional transportation investment district planning
committee may be entitled to state funding, as appropriated by the
legislature, for start-up funding to pay for salaries, expenses,
overhead, supplies, and similar expenses ordinarily and necessarily
incurred in selecting transportation projects and funding for those
transportation projects under this chapter. Upon creation of a
regional transportation investment district, the district shall within
one year reimburse the state for any sums advanced for these start-up
costs from the state.
(4) The planning committee shall conduct its affairs and formulate
a regional transportation investment plan as provided under RCW
36.120.040, except that it shall elect an executive board of seven
members to discharge the duties of the planning committee and formulate
a regional transportation investment plan, subject to the approval of
the full committee.
(5) At its first meeting, a regional transportation investment
district planning committee may elect officers and provide for the
adoption of rules and other operating procedures.
(6) Governance of and decisions by a regional transportation
investment district planning committee must be by a sixty-percent
weighted majority vote of the total membership.
(7) The planning committee may dissolve itself at any time by a
two-thirds weighted majority vote of the total membership of the
planning committee.
Sec. 503 RCW 36.120.040 and 2003 c 194 s 1 are each amended to
read as follows:
(1) A regional transportation investment district planning
committee shall adopt a regional transportation investment plan
providing for the development, construction, and financing of
transportation projects. The planning committee may consider the
following factors in formulating its plan:
(a) Land use planning criteria;
(b) The input of cities located within a participating county; and
(c) The input of regional transportation planning organizations in
which a participating county is located. A regional transportation
planning organization in which a participating county is located shall
review its adopted regional transportation plan and submit, for the
planning committee's consideration, its list of transportation
improvement priorities.
(2) The planning committee may coordinate its activities with the
department, which shall provide services, data, and personnel to assist
in this planning as desired by the planning committee. In addition,
the planning committee may coordinate with affected cities, towns, and
other local governments that engage in transportation planning.
(3) The planning committee shall:
(a) Coordinate its activities with the regional transit authority
within the district boundaries and shall recommend a joint plan that
improves system performance, through a combination of investments in
transit, operations, and transportation projects as defined in RCW
36.120.020, and multimodal projects;
(b) Conduct public meetings that are needed to assure active public
participation in the development of the plan;
(((b))) (c) Adopt a plan, jointly with the regional transit
authority, proposing the:
(i) Creation of a regional transportation investment district; and
(ii) Construction of transportation projects to improve mobility
within ((each county)) the district. Operations, maintenance, and
preservation of facilities or systems may not be part of the plan;
(((c))) (d) Recommend sources of revenue authorized by RCW
36.120.050 and a financing plan to fund selected transportation
projects. The overall plan of the district must leverage the
district's financial contributions so that the federal, state, local,
and other revenue sources continue to fund major congestion relief and
transportation capacity improvement projects in each county and the
district. A combination of local, state, and federal revenues may be
necessary to pay for transportation projects, and the planning
committee shall consider all of these revenue sources in developing a
plan.
(4) The plan, adopted by the planning committee jointly with the
regional transit authority, must use tax revenues and related debt for
projects that generally provide network benefits to a participating
county or subarea in proportion to the general level of tax revenues
generated within that participating county or subarea. This geographic
equity principle applies to the overall investment plan and not within
investments in specific modes of transportation in the plan. This
equity principle applies to all modifications to the plan,
appropriation of contingency funds not identified within the project
estimate, and future phases of the plan. During implementation of the
plan, the board shall retain the flexibility to manage distribution of
revenues, debt, and project schedules so that the district may
effectively implement the plan. Nothing in this section should be
interpreted to prevent the district from pledging district-wide tax
revenues for payment of any contract or debt entered into under RCW
36.120.130.
(5) Before adopting the plan, the planning committee, with
assistance from the department, shall work with the lead agency and the
regional transit authority to develop accurate cost forecasts for
transportation projects. This project costing methodology must be
integrated with revenue forecasts in developing the plan and must at a
minimum include estimated project costs in constant 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)) A plan submitted to the voters
must provide cost estimates for each project, including reasonable
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) If a county opts not to adopt the plan or participate in the
regional transportation investment district, but two or more contiguous
counties do choose to continue to participate, then the planning
committee may, within ninety days, redefine the regional transportation
investment 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 to initiate the election process under
RCW 36.120.070. The planning committee shall at the same time provide
notice to each city and town within the district, 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 district.
(8) If the ballot measure is not approved, the planning committee
may redefine the selected transportation projects, financing plan, and
the ballot measure. The county legislative authorities 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.
If no ballot measure is approved by the voters by the third vote, the
planning committee is dissolved.
Sec. 504 RCW 36.120.070 and 2002 c 56 s 107 are each amended to
read as follows:
(1) Prior to the establishment of a regional transportation system
authority, two or more contiguous county legislative authorities, upon
receipt of the regional transportation investment plan under RCW
36.120.040, may certify the plan, developed jointly with the regional
transit authority, to the ballot, including identification of the tax
options necessary to fund the plan. Each of the county legislative
authorities shall act within ninety days to adopt or not adopt an
ordinance for the county to participate in the plan. However, after a
regional transportation system authority is established, action by
county legislative authorities to adopt or not adopt an ordinance for
participation in the plan is not required.
(2) County legislative authorities may draft a ballot title, give
notice as required by law for ballot measures, and perform other duties
as required to put the plan before the voters of the proposed district
for their approval or rejection as a single ballot measure that both
approves formation of the district and approves the plan. Counties may
negotiate interlocal agreements necessary to implement the plan. The
electorate will be the voters voting within the boundaries of the
participating counties. A simple majority of the total persons voting
on the single ballot measure to approve the plan, establish the
district, and approve the taxes and fees is required for approval.
Sec. 505 RCW 36.120.190 and 2002 c 56 s 201 are each amended to
read as follows:
((At the option of the planning committee, and with the explicit
approval of the regional transit authority, the participating counties
may choose to impose any remaining high capacity transportation taxes
under chapter 81.104 RCW that have not otherwise been used by a
regional transit authority and submit to the voters a common ballot
measure that creates the district, approves the regional transportation
investment plan, implements the taxes, and implements any remaining
high capacity transportation taxes within the boundaries of the
regional transportation investment district.)) Collection and
expenditures of any high-capacity transportation taxes implemented
under ((this)) section 507 of this act must be determined by agreement
between the participating counties or district and the regional transit
authority electing to submit high-capacity transportation taxes to the
voters under a common ballot measure as provided in ((this)) section
507 of this act. If the measure fails, all such unused high-capacity
transportation taxes revert back to and remain with the regional
transit authority. A project constructed with this funding is not
considered a "transportation project" under RCW 36.120.020.
Sec. 506 RCW 81.112.030 and 1994 c 44 s 1 are each amended to
read as follows:
Two or more contiguous counties each having a population of four
hundred thousand persons or more may establish a regional transit
authority to develop and operate a high capacity transportation system
as defined in chapter 81.104 RCW.
The authority shall be formed in the following manner:
(1) The joint regional policy committee created pursuant to RCW
81.104.040 shall adopt a system and financing plan, including the
definition of the service area. This action shall be completed by
September 1, 1992, contingent upon satisfactory completion of the
planning process defined in RCW 81.104.100. The final system plan
shall be adopted no later than June 30, 1993. In addition to the
requirements of RCW 81.104.100, the plan for the proposed system shall
provide explicitly for a minimum portion of new tax revenues to be
allocated to local transit agencies for interim express services. Upon
adoption the joint regional policy committee shall immediately transmit
the plan to the county legislative authorities within the adopted
service area.
(2) The legislative authorities of the counties within the service
area shall decide by resolution whether to participate in the
authority. This action shall be completed within forty-five days
following receipt of the adopted plan or by August 13, 1993, whichever
comes first.
(3) Each county that chooses to participate in the authority shall
appoint its board members as set forth in RCW 81.112.040 and shall
submit its list of members to the secretary of the Washington state
department of transportation. These actions must be completed within
thirty days following each county's decision to participate in the
authority.
(4) The secretary shall call the first meeting of the authority, to
be held within thirty days following receipt of the appointments. At
its first meeting, the authority shall elect officers and provide for
the adoption of rules and other operating procedures.
(5) The authority is formally constituted at its first meeting and
the board shall begin taking steps toward implementation of the system
and financing plan adopted by the joint regional policy committee. If
the joint regional policy committee fails to adopt a plan by June 30,
1993, the authority shall proceed to do so based on the work completed
by that date by the joint regional policy committee. Upon formation of
the authority, the joint regional policy committee shall cease to
exist. The authority may make minor modifications to the plan as
deemed necessary and shall at a minimum review local transit agencies'
plans to ensure feeder service/
(6) If the authority determines that major modifications to the
plan are necessary before the initial ballot proposition is submitted
to the voters, the authority may make those modifications with a
favorable vote of two-thirds of the entire membership. Any such
modification shall be subject to the review process set forth in RCW
81.104.110. The modified plan shall be transmitted to the legislative
authorities of the participating counties. The legislative authorities
shall have forty-five days following receipt to act by motion or
ordinance to confirm or rescind their continued participation in the
authority.
(7) If any county opts to not participate in the authority, but two
or more contiguous counties do choose to continue to participate, the
authority's board shall be revised accordingly. The authority shall,
within forty-five days, redefine the system and financing plan to
reflect elimination of one or more counties, and submit the redefined
plan to the legislative authorities of the remaining counties for their
decision as to whether to continue to participate. This action shall
be completed within forty-five days following receipt of the redefined
plan.
(8) The authority shall place on the ballot within two years of the
authority's formation, a single ballot proposition to authorize the
imposition of taxes to support the implementation of an appropriate
phase of the plan within its service area. A simple majority of those
voting within the boundaries of the authority is required for approval.
If the vote is affirmative, the authority shall begin implementation of
the projects identified in the proposition.
(9) Until January 1, 2008, in addition to the system plan
requirements contained in RCW 81.104.100(2)(d), the system plan
approved by the authority's board before the submittal of a proposition
to the voters shall contain an equity element which:
(a) Identifies revenues anticipated to be generated by corridor and
by county within the authority's boundaries;
(b) Identifies the phasing of construction and operation of high
capacity system facilities, services, and benefits in each corridor.
Phasing decisions should give priority to jurisdictions which have
adopted transit-supportive land use plans; and
(c) Identifies the degree to which revenues generated within each
county will benefit the residents of that county, and identifies when
such benefits will accrue.
((A simple majority of those voting within the boundaries of the
authority is required for approval. If the vote is affirmative, the
authority shall begin implementation of the projects identified in the
proposition. However, the authority may not submit any authorizing
proposition for voter-approved taxes prior to July 1, 1993; nor may the
authority issue bonds or form any local improvement district prior to
July 1, 1993.)) (10) If the vote on a proposition fails, the board may
redefine the proposition, make changes to the authority boundaries, and
make corresponding changes to the composition of the board. If the
composition of the board is changed, the participating counties shall
revise the membership of the board accordingly. The board may then
submit the revised proposition or a different proposition to the
voters. No single proposition may be submitted to the voters more than
twice. ((
(9)The authority may place additional propositions on the ballot
to impose taxes to support additional phases of plan implementation.))
If the authority is unable to achieve a positive vote on a
proposition within two years from the date of the first election on a
proposition, the board may, by resolution, reconstitute the authority
as a single-county body. With a two-thirds vote of the entire
membership of the voting members, the board may also dissolve the
authority.
(11) The authority may place additional propositions on the ballot
to impose taxes to support additional phases of plan implementation, if
the regional transit authority coordinates its activities with the
regional transportation investment district and recommends a joint plan
that improves system performance, through a combination of investments
in transit, operations, and transportation projects as defined in RCW
36.120.020, and multimodal projects. In a joint plan with a regional
transportation investment district the system plan shall be consistent
with the equity principle in RCW 36.120.040(4).
NEW SECTION. Sec. 507 (1) The counties within the authority
identified in section 103 of this act may submit to the voters within
the authority, at the 2006 general election, a single ballot measure
that:
(a) Approves a joint regional transportation investment plan, as
approved by the county legislative authorities and recommended by the
planning committee of the regional transportation investment district
working jointly with the regional transit authority;
(b) Approves the revenue sources necessary to finance the joint
plan, including:
(i) All or part of the remaining high-capacity transportation taxes
within the boundaries of the regional transportation investment
district, as recommended by the executive board of the regional
transportation authority; and
(ii) Revenue sources recommended by the planning committee of the
regional transportation investment district; and
(c) Approves formation of the regional transportation system
authority, authorizes establishment of the authority council, and
approves the powers of the council as set forth in this act.
(2) If a regional transportation investment plan is not approved by
the county councils, the counties identified in section 103 of this act
shall submit to the voters within the authority, at the 2006 general
election, a ballot measure that approves formation of the regional
transportation system authority, authorizes establishment of the
authority council, and approves the powers of the council as set forth
in this act.
(3) The auditors of those counties shall transmit the results of
the election to the secretary of state in the manner described in RCW
29A.60.230 for canvassing by the secretary in the manner described by
RCW 29A.60.260. A simple majority of the persons voting on the single
ballot measure is required for the authority to be established.
Sec. 601 RCW 35.58.2795 and 1994 c 158 s 6 are each amended to
read as follows:
(1) As used in this section "agency" means a municipality as
defined in RCW 35.58.272 and a regional transit authority, and within
an authority as defined in section 102 of this act it means a public
transportation provider as defined in section 102 of this act.
(2) By April 1st of each year, the legislative authority of each
((municipality, as defined in RCW 35.58.272, and each regional transit
authority)) agency shall prepare a six-year transit development plan
for that calendar year and the ensuing five years. Agencies located in
the central Puget Sound regional transportation system authority shall
provide resources to the Puget Sound regional transportation system
authority council to prepare elements of those plans identified by that
council. 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, coordinate services with other agencies, and how the
((municipality)) agency intends to fund program needs. The six-year
plan for each ((municipality and regional transit authority shall))
agency must specifically set forth those projects of regional
significance for inclusion in the transportation ((improvement
program)) investment plan within that region. For those agencies
located within the jurisdiction of the Puget Sound regional
transportation system authority, the plan must address the standards
developed under sections 204 and 205 of this act for inclusion in the
transportation investment plan in that region. Each ((municipality and
regional transit authority)) agency shall file the six-year program
with the state department of transportation, 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)) agency 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)) agency
shall conduct one or more public hearings while developing its program
and for each annual update.
Sec. 602 RCW 35.95A.030 and 2002 c 248 s 3 are each amended to
read as follows:
(1) A city that undertakes to propose creation of an authority must
propose the authority by ordinance of the city legislative body. The
ordinance must:
(a) Propose the authority area and the size and method of selection
of the governing body of the authority, which governing body may be
appointed or elected, provided that officers or employees of any single
city government body may not compose a majority of the members of the
authority's governing body;
(b) Propose whether all or a specified portion of the public
monorail transportation function will be exercised by the authority;
(c) Propose an initial array of taxes to be voted upon by the
electors within the proposed authority area; and
(d) Provide for an interim governing body of the authority which
will govern the authority upon voter approval of formation of the
authority, until a permanent governing body is selected, but in no
event longer than fourteen months.
(2) An authority may also be proposed to be created by a petition
setting forth the matters described in subsection (1) of this section,
and signed by one percent of the qualified electors of the proposed
authority area.
(3) Upon approval by the qualified electors of the formation of the
city transportation authority and any proposed taxes, either by
ordinance or by petition as provided in this chapter, the governing
body of an authority, or interim governing body, as applicable, will
adopt bylaws determining, among other things, the authority's officers
and the method of their selection, and other matters the governing body
deems appropriate.
(4) Effective January 1, 2008, for a city transportation authority
located within a regional transportation investment district, the Puget
Sound regional transportation district council is the governing board.
For votes of the council regarding board decisions, the vote of each
councilor, including the president, is weighted to reflect that portion
of the city transportation authority population that is within each
councilor district.
Sec. 603 RCW 35.95A.070 and 2002 c 248 s 8 are each amended to
read as follows:
(1) Until January 1, 2008, except as provided in subsection (2) of
this section, every authority has the power to:
(((1))) (a) Levy excess levies upon the property included within
the authority area, in the manner prescribed by Article VII, section 2
of the state Constitution and by RCW 84.52.052 for operating funds,
capital outlay funds, and cumulative reserve funds;
(((2))) (b) Issue general obligation bonds, not to exceed an
amount, together with any outstanding nonvoter-approved general
obligation indebtedness equal to one and one-half percent of the value
of the taxable property within the authority area, as the term "value
of the taxable property" is defined in RCW 39.36.015. An authority may
additionally issue general obligation bonds, together with outstanding
voter-approved and nonvoter-approved general obligation indebtedness,
equal to two and one-half percent of the value of the taxable property
within the authority area, as the term "value of the taxable property"
is defined in RCW 39.36.015, when the bonds are approved by three-fifths of the qualified electors of the authority at a general or
special election called for that purpose and may provide for the
retirement thereof by levies in excess of dollar rate limitations in
accordance with the provisions of RCW 84.52.056. These elections will
be held as provided in RCW 39.36.050;
(((3))) (c) Issue revenue bonds payable from any revenues other
than taxes levied by the authority, and to pledge those revenues for
the repayment of the bonds. Proceeds of revenue bonds may only be
expended for the costs of public monorail transportation facilities,
for financing costs, and for capitalized interest during construction
plus six months thereafter. The bonds and warrants will be issued and
sold in accordance with chapter 39.46 RCW.
No bonds issued by an authority are obligations of any city,
county, or the state of Washington or any political subdivision thereof
other than the authority, and the bonds will so state, unless the
legislative authority of any city or county or the legislature
expressly authorizes particular bonds to be either guaranteed by or
obligations of its respective city or county or of the state.
(2) An authority may continue to impose a levy in accordance with
RCW 84.52.056 or collect the revenue from a levy imposed pursuant to
RCW 84.52.052, after January 1, 2008, if the election for the levy or
levies occurred before January 1, 2008.
Sec. 604 RCW 35.95A.080 and 2002 c 248 s 9 are each amended to
read as follows:
(1) Until January 1, 2008, except as provided in subsection (6) of
this section, every authority has the power to levy and collect a
special excise tax not exceeding two and one-half percent on the value
of every motor vehicle owned by a resident of the authority area for
the privilege of using a motor vehicle. Before utilization of any
excise tax money collected under this section for acquisition of right
of way or construction of a public monorail transportation facility on
a separate right of way, the authority must adopt rules affording the
public an opportunity for corridor public hearings and design public
hearings, which provide in detail the procedures necessary for public
participation in the following instances: (a) Prior to adoption of
location and design plans having a substantial social, economic, or
environmental effect upon the locality upon which they are to be
constructed; or (b) on the public transportation facilities operating
on a separate right of way whenever a substantial change is proposed
relating to location or design in the adopted plan. In adopting rules
the authority must adhere to the provisions of the administrative
procedure act.
(2) A "corridor public hearing" is a public hearing that: (a) Is
held before the authority is committed to a specific route proposal for
the public transportation facility, and before a route location is
established; (b) is held to afford an opportunity for participation by
those interested in the determination of the need for, and the location
of, the public transportation facility; and (c) provides a public forum
that affords a full opportunity for presenting views on the public
transportation facility route location, and the social, economic, and
environmental effects on that location and alternate locations.
However, the hearing is not deemed to be necessary before adoption of
a transportation plan as provided in section 7 of this act or a vote of
the qualified electors under subsection (5) of this section.
(3) A "design public hearing" is a public hearing that: (a) Is
held after the location is established but before the design is
adopted; (b) is held to afford an opportunity for participation by
those interested in the determination of major design features of the
public monorail transportation facility; and (c) provides a public
forum to afford a full opportunity for presenting views on the public
transportation system design, and the social, economic, and
environmental effects of that design and alternate designs, including
people-mover technology.
(4) An authority imposing a tax under subsection (1) of this
section may also impose a sales and use tax, in addition to any tax
authorized by RCW 82.14.030, upon retail car rentals within the city
that are taxable by the state under chapters 82.08 and 82.12 RCW. The
rate of tax must not exceed 1.944 percent of the base of the tax. The
base of the tax will be the selling price in the case of a sales tax or
the rental value of the vehicle used in the case of a use tax. The
revenue collected under this subsection will be distributed in the same
manner as sales and use taxes under chapter 82.14 RCW.
(5) Before any authority may impose any of the taxes authorized
under this section, the authorization for imposition of the taxes must
be approved by the qualified electors of the authority area.
(6) An authority may continue to impose the taxes authorized in
this section after January 1, 2008, to the extent necessary to secure
the payment of any bonds or other obligations incurred prior to January
1, 2008.
Sec. 605 RCW 35.95A.090 and 2002 c 248 s 10 are each amended to
read as follows:
(1) Until January 1, 2008, except as provided in subsection (5) of
this section, every authority has the power to fix and impose a fee,
not to exceed one hundred dollars per vehicle, for each vehicle that is
subject to relicensing tab fees under RCW 46.16.0621 and for each
vehicle that is subject to RCW 46.16.070 with an unladen weight of six
thousand pounds or less, and that is determined by the department of
licensing to be registered within the boundaries of the authority area.
The department of licensing must provide an exemption from the fee for
any vehicle the owner of which demonstrates is not operated within the
authority area.
(2) The department of licensing will administer and collect the
fee. The department will deduct a percentage amount, as provided by
contract, not to exceed two percent of the taxes collected, for
administration and collection expenses incurred by it. The remaining
proceeds will be remitted to the custody of the state treasurer for
monthly distribution to the authority.
(3) The authority imposing this fee will delay the effective date
at least six months from the date the fee is approved by the qualified
voters of the authority area to allow the department of licensing to
implement administration and collection of the fee.
(4) Before any authority may impose any of the fees authorized
under this section, the authorization for imposition of the fees must
be approved by a majority of the qualified electors of the authority
area voting.
(5) An authority may continue to impose the fee authorized in this
section after January 1, 2008, to the extent necessary to secure the
payment of any bonds or other obligations incurred prior to January 1,
2008.
Sec. 606 RCW 35.95A.100 and 2002 c 248 s 11 are each amended to
read as follows:
(1) Until January 1, 2008, except as provided in subsection (3) of
this section, every authority has the power to impose annual regular
property tax levies in an amount equal to one dollar and fifty cents or
less per thousand dollars of assessed value of property in the
authority area when specifically authorized to do so by a majority of
the voters voting on a proposition submitted at a special election or
at the regular election of the authority. A proposition authorizing
the tax levies will not be submitted by an authority more than twice in
any twelve-month period. Ballot propositions must conform with RCW
((29.30.111)) 29A.36.210. The number of years during which the regular
levy will be imposed may be limited as specified in the ballot
proposition or may be unlimited in duration. In the event an authority
is levying property taxes, which in combination with property taxes
levied by other taxing districts subject to the limitations provided in
RCW 84.52.043 and 84.52.050, exceed these limitations, the authority's
property tax levy shall be reduced or eliminated consistent with RCW
84.52.010.
(2) The limitation in RCW 84.55.010 does not apply to the first
levy imposed under this section following the approval of the levies by
the voters under subsection (1) of this section.
(3)(a) An authority may continue to levy and collect the regular
property tax levy authorized in this section after January 1, 2008,
only if the levy was approved prior to January 1, 2008, and it is
necessary to secure the payment of any bonds or other obligations
incurred prior to January 1, 2008.
(b) Regular property tax levies authorized for collection in 2008
and unnecessary to secure the payment of bonds or other obligations as
provided in (a) of this subsection may be collected after January 1,
2008.
Sec. 607 RCW 36.120.090 and 2002 c 56 s 109 are each amended to
read as follows:
(1) Initially the governing board of a district consists of the
members of the legislative authority of each member county, acting ex
officio and independently. The secretary of transportation or the
appropriate regional administrator of the department, as named by the
secretary, shall also serve as a nonvoting member of the board. The
governing board may elect an executive board of seven members to
discharge the duties of the governing board subject to the approval of
the full governing board.
(2) Effective January 1, 2008, for a district located within a
regional transportation investment district, the Puget Sound regional
transportation authority council is the governing board. For votes of
the council regarding board decisions, the vote of each councilor,
including the president, is weighted to reflect that portion of the
regional transportation investment district population that is within
each councilor district.
(3) Until January 1, 2008, a sixty-percent majority of the weighted
votes of the total board membership is required to submit to the
counties a modified plan under RCW 36.120.140 or any other proposal to
be submitted to the voters. Until January 1, 2008, the counties may,
with majority vote of each county legislative authority, submit a
modified plan or proposal to the voters.
Sec. 608 RCW 36.120.110 and 2002 c 56 s 111 are each amended to
read as follows:
(1) The governing board of the district is responsible for the
execution of the voter-approved plan. The board shall:
(a) Impose taxes and fees authorized by district voters;
(b) Enter into agreements with state, local, and regional agencies
and departments as necessary to accomplish district purposes and
protect the district's investment in transportation projects;
(c) Accept gifts, grants, or other contributions of funds that will
support the purposes and programs of the district;
(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) Until January 1, 2008, hire no more than ten employees,
including a director or executive officer, a treasurer or financial
officer, a project manager or engineer, a project permit coordinator,
and clerical staff; and
(g) Exercise other powers and duties as may be reasonable to carry
out the purposes of the district.
(2) It is the intent of the legislature that existing staff
resources of lead agencies be used in implementing this chapter. A
district may coordinate its activities with the department, which shall
provide services, data, and personnel to assist as desired by the
regional transportation investment district. Lead agencies for
transportation projects that are not state facilities shall also
provide staff support for the board.
(3) A district may not acquire, hold, or dispose of real property.
(4) A district may not own, operate, or maintain an ongoing
facility, road, or transportation system.
(5) A district may accept and expend or use gifts, grants, or
donations.
(6) It is the intent of the legislature that administrative and
overhead costs of a regional transportation investment district be
minimized. For transportation projects costing up to fifty million
dollars, administrative and overhead costs may not exceed three percent
of the total construction and design project costs per year. For
transportation projects costing more than fifty million dollars,
administrative and overhead costs may not exceed three percent of the
first fifty million dollars in costs, plus an additional one-tenth of
one percent of each additional dollar above fifty million. These
limitations apply only to the district, and do not limit the
administration or expenditures of the department.
(7) A district 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
district 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.
Sec. 609 RCW 36.120.140 and 2003 c 194 s 2 are each amended to
read as follows:
(1) The board may modify the plan to change transportation projects
or revenue sources if:
(a) Two or more participating counties adopt a resolution to modify
the plan; and
(b) The counties submit to the voters in the district, and after
January 1, 2008, the governing board submits, a ballot measure that
redefines the scope of the plan, its projects, its schedule, its costs,
or the revenue sources. If the voters fail to approve the redefined
plan, the district shall continue to work on and complete the plan, and
the projects in it, that was originally approved by the voters. If the
voters approve the redefined plan, the district shall work on and
complete the projects under the redefined plan.
(2) The board may modify the plan to change transportation projects
within a participating county if:
(a) A majority of the board approves the change;
(b) The modifications are limited to projects within the county;
(c) The county submits to the voters in the county a ballot measure
that redefines:
(i) Projects;
(ii) Scopes of projects; or
(iii) Costs; and
(iv) The financial plan for the county;
(d) The proposed modifications maintain the equity of the plan and
((does [do])) do not increase the total level of plan expenditure for
the county.
If the voters fail to approve the modified plan, the district shall
continue to work on and complete the plan, and the projects in it, that
was originally approved by the voters. If the voters approve the
redefined plan, the district shall work on and complete the projects
under the redefined plan.
(3) If a transportation project cost exceeds its original cost by
more than twenty percent as identified in the plan:
(a) The board shall, in coordination with the county legislative
authorities, submit to the voters in the district or county a ballot
measure that redefines the scope of the transportation project, its
schedule, or its costs. If the voters fail to approve the redefined
transportation project, the district shall terminate work on that
transportation project, except that the district may take reasonable
steps to use, preserve, or connect any improvement already constructed.
The remainder of any funds that would otherwise have been expended on
the terminated transportation project must first be used to retire any
outstanding debt attributable to the plan and then may be used to
implement the remainder of the plan.
(b) Alternatively, upon adoption of a resolution by two or more
participating counties:
(i) The counties shall submit, and after January 1, 2008, the
governing board shall submit, to the voters in the district a ballot
measure that redefines the scope of the plan, its transportation
projects, its schedule, or its costs. If the voters fail to approve
the redefined plan, the district shall terminate work on that plan,
except that the district may take reasonable steps to use, preserve, or
connect any improvement already constructed. The remainder of any
funds must be used to retire any outstanding debt attributable to the
plan; or
(ii) Until January 1, 2008, the counties, and after January 1,
2008, the board may elect to have the district continue the
transportation project without submitting an additional ballot proposal
to the voters.
(4) To assure accountability to the public for the timely
construction of the transportation improvement project or projects
within cost projections, the district shall issue a report, at least
annually, to the public and copies of the report to newspapers of
record in the district. In the report, the district shall indicate the
status of transportation project costs, transportation project
expenditures, revenues, and construction schedules. The report may
also include progress towards meeting the performance criteria provided
under this chapter.
Sec. 610 RCW 47.26.080 and 1999 c 94 s 16 are each amended to
read as follows:
There is hereby created in the motor vehicle fund the urban
arterial trust account. The intent of the urban arterial trust account
program is to improve the arterial street system of the state by
improving mobility and safety while supporting an environment essential
to the quality of life of the citizens of the state of Washington. The
city hardship assistance program, as provided in RCW 47.26.164, and the
small city program, as provided for in RCW 47.26.115, are implemented
within the urban arterial trust account.
For funds apportioned to projects in counties in the Puget Sound
regional transportation system authority, the board shall give
preference to projects that meet the standards established under
sections 204 and 205 of this act. The board shall not allocate funds,
nor make payments of the funds under RCW 47.26.260, to any county,
city, or town identified by the governor under RCW 36.70A.340.
Sec. 611 RCW 47.26.086 and 1994 c 179 s 11 are each amended to
read as follows:
Transportation improvement account projects selected for funding
programs after fiscal year 1995 are governed by the requirements of
this section.
The board shall allocate funds from the account by June 30th of
each year for the ensuing fiscal year to urban counties, cities with a
population of five thousand and over, and to transportation benefit
districts. Projects may include, but are not limited to, multi-agency
projects and arterial improvement projects in fast-growing areas. The
board shall endeavor to provide geographical diversity in selecting
improvement projects to be funded from the account.
The intent of the program is to improve mobility of people and
goods in Washington state by supporting economic development and
environmentally responsive solutions to our statewide transportation
system needs.
To be eligible to receive these funds, a project must be consistent
with the Growth Management Act, the Clean Air Act including conformity,
and the Commute Trip Reduction Law and consideration must have been
given to the project's relationship, both actual and potential, with
the statewide rail passenger program and rapid mass transit. Projects
must be consistent with any adopted high capacity transportation plan,
must consider existing or reasonably foreseeable congestion levels
attributable to economic development or growth and all modes of
transportation and safety, and must be partially funded by local
government or private contributions, or a combination of such
contributions. For projects proposed in counties in the Puget Sound
regional transportation system authority, the board shall give
preference to projects that meet the standards established under
sections 204 and 205 of this act. Priority consideration shall be
given to those projects with the greatest percentage of local or
private contribution, or both.
Within one year after board approval of an application for funding,
the lead agency shall provide written certification to the board of the
pledged local and private funding for the phase of the project
approved. Funds allocated to an applicant that does not certify its
funding within one year after approval may be reallocated by the board.
Sec. 612 RCW 47.80.020 and 1990 1st ex.s. c 17 s 54 are each
amended to read as follows:
The legislature hereby authorizes creation of regional
transportation planning organizations within the state. Each regional
transportation planning organization shall be formed through the
voluntary association of local governments within a county, or within
geographically contiguous counties. Except as provided in section 201
of this act, each organization shall:
(1) Encompass at least one complete county;
(2) Have a population of at least one hundred thousand, or contain
a minimum of three counties; and
(3) Have as members all counties within the region, and at least
sixty percent of the cities and towns within the region representing a
minimum of seventy-five percent of the cities' and towns' population.
The state department of transportation must verify that each
regional transportation planning organization conforms with the
requirements of this section.
In urbanized areas, the regional transportation planning
organization is the same as the metropolitan planning organization
designated for federal transportation planning purposes.
Sec. 613 RCW 47.80.030 and 2005 c 328 s 2 are each amended to
read as follows:
(1) Each regional transportation planning organization shall
develop in cooperation with the department of transportation, providers
of public transportation and high capacity transportation, ports, and
local governments within the region, adopt, and periodically update a
regional transportation plan that:
(a) Is based on a least cost planning methodology that identifies
the most cost-effective facilities, services, and programs;
(b) Identifies existing or planned transportation facilities,
services, and programs, including but not limited to major roadways
including state highways and regional arterials, transit and
nonmotorized services and facilities, multimodal and intermodal
facilities, marine ports and airports, railroads, and noncapital
programs including transportation demand management that should
function as an integrated regional transportation system, giving
emphasis to those facilities, services, and programs that exhibit one
or more of the following characteristics:
(i) Crosses member county lines;
(ii) Is or will be used by a significant number of people who live
or work outside the county in which the facility, service, or project
is located;
(iii) Significant impacts are expected to be felt in more than one
county;
(iv) Potentially adverse impacts of the facility, service, program,
or project can be better avoided or mitigated through adherence to
regional policies;
(v) Transportation needs addressed by a project have been
identified by the regional transportation planning process and the
remedy is deemed to have regional significance; and
(vi) Provides for system continuity;
(c) Establishes level of service standards for state highways and
state ferry routes, with the exception of transportation facilities of
statewide significance as defined in RCW 47.06.140. These regionally
established level of service standards for state highways and state
ferries shall be developed jointly with the department of
transportation, to encourage consistency across jurisdictions. In
establishing level of service standards for state highways and state
ferries, consideration shall be given for the necessary balance between
providing for the free interjurisdictional movement of people and goods
and the needs of local commuters using state facilities;
(d) Includes a financial plan demonstrating how the regional
transportation plan can be implemented, indicating resources from
public and private sources that are reasonably expected to be made
available to carry out the plan, and recommending any innovative
financing techniques to finance needed facilities, services, and
programs;
(e) Assesses regional development patterns, capital investment and
other measures necessary to:
(i) Ensure the preservation of the existing regional transportation
system, including requirements for operational improvements,
resurfacing, restoration, and rehabilitation of existing and future
major roadways, as well as operations, maintenance, modernization, and
rehabilitation of existing and future transit, railroad systems and
corridors, and nonmotorized facilities; and
(ii) Make the most efficient use of existing transportation
facilities to relieve vehicular congestion and maximize the mobility of
people and goods;
(f) Sets forth a proposed regional transportation approach,
including capital investments, service improvements, programs, and
transportation demand management measures to guide the development of
the integrated, multimodal regional transportation system. For
regional growth centers, the approach must address transportation
concurrency strategies required under RCW 36.70A.070 and include a
measurement of vehicle level of service for off-peak periods and total
multimodal capacity for peak periods; and
(g) Where appropriate, sets forth the relationship of high capacity
transportation providers and other public transit providers with regard
to responsibility for, and the coordination between, services and
facilities.
(2) The organization shall review the regional transportation plan
biennially for currency and forward the adopted plan along with
documentation of the biennial review to the state department of
transportation.
(3) All transportation projects, programs, and transportation
demand management measures within the region that have an impact upon
regional facilities or services must be consistent with the plan and
with the adopted regional growth and transportation strategies.
(4) In the case of a regional transportation planning organization
located in a Puget Sound regional transportation system authority, the
plan must be based on the guidelines and plan prepared by the council
under section 201 of this act. The plan must include recommendations
to the department of transportation regarding levels of service
standards for highways of statewide significance.
Sec. 614 RCW 47.80.040 and 2003 c 351 s 1 are each amended to
read as follows:
Each regional transportation planning organization other than a
Puget Sound regional transportation system authority shall, and a Puget
Sound regional transportation system authority may, create a
transportation policy board. Transportation policy boards shall
provide policy advice to the regional transportation planning
organization and shall allow representatives of major employers within
the region, the department of transportation, transit districts, port
districts, and member cities, towns, and counties within the region to
participate in policy making. Any members of the house of
representatives or the state senate whose districts are wholly or
partly within the boundaries of the regional transportation planning
organization or Puget Sound regional transportation district are
considered ex officio, nonvoting policy board members of the regional
transportation planning organization. This does not preclude
legislators from becoming full-time, voting board members.
Sec. 615 RCW 47.80.060 and 2005 c 334 s 1 are each amended to
read as follows:
In order to qualify for state planning funds available to regional
transportation planning organizations, the regional transportation
planning organizations containing any county with a population in
excess of one million, other than a Puget Sound regional transportation
system authority, shall provide voting membership on its executive
board to the state transportation commission, the state department of
transportation, and the four largest public port districts within the
region as determined by gross operating revenues. It shall further
assure that at least fifty percent of the county and city local elected
officials who serve on the executive board also serve on transit agency
boards or on a regional transit authority.
Sec. 616 RCW 81.112.040 and 1994 c 109 s 1 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
regional transit authority shall be governed by a board consisting of
representatives appointed by the county executive and confirmed by the
council or other legislative authority of each member county.
Membership shall be based on population from that portion of each
county which lies within the service area. Board members shall be
appointed initially on the basis of one for each one hundred forty-five
thousand population within the county. Such appointments shall be made
following consultation with city and town jurisdictions within the
service area. In addition, the secretary of transportation or the
secretary's designee shall serve as a member of the board and may have
voting status with approval of a majority of the other members of the
board. Only board members, not including alternates or designees, may
cast votes.
Each member of the board, except the secretary of transportation or
the secretary's designee, shall be:
(a) An elected official who serves on the legislative authority of
a city or as mayor of a city within the boundaries of the authority;
(b) On the legislative authority of the county, if fifty percent of
the population of the legislative official's district is within the
authority boundaries; or
(c) A county executive from a member county within the authority
boundaries.
When making appointments, each county executive shall ensure that
representation on the board includes an elected city official
representing the largest city in each county and assures proportional
representation from other cities, and representation from
unincorporated areas of each county within the service area. At least
one-half of all appointees from each county shall serve on the
governing authority of a public transportation system.
Members appointed from each county shall serve staggered four-year
terms. Vacancies shall be filled by appointment for the remainder of
the unexpired term of the position being vacated.
The governing board shall be reconstituted, with regard to the
number of representatives from each county, on a population basis,
using the official office of financial management population estimates,
five years after its initial formation and, at minimum, in the year
following each official federal census. The board membership may be
reduced, maintained, or expanded to reflect population changes but
under no circumstances may the board membership exceed twenty-five.
(2) For a regional transit authority located within a regional
transportation system authority, effective January 1, 2008, the Puget
Sound regional transportation system authority council is the governing
board. For votes of the council regarding board decisions, the vote of
each councilor, including the president, is weighted to reflect that
portion of the regional transit authority population that is within
each councilor district.
(3) Major decisions of the authority shall require a favorable vote
of two-thirds of the entire membership of the voting members or for a
regional transportation system authority council, two-thirds of the
weighted votes. "Major decisions" include at least the following:
System plan adoption and amendment; system phasing decisions; annual
budget adoption; authorization of annexations; modification of board
composition; and executive director employment.
(((3))) (4) Each member of the board is eligible to be reimbursed
for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and
to receive compensation as provided in RCW 43.03.250.
NEW SECTION. Sec. 701 Captions and part headings used in this
act are not part of the law.
NEW SECTION. Sec. 702 Sections 101 through 305 of this act
constitute a new chapter in Title 36 RCW.
NEW SECTION. Sec. 703 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 704 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 705 Sections 612 through 615 of this act take
effect January 1, 2008, if the authority is formed.