BILL REQ. #:  H-3310.4 

Read first time 01/11/2006.   Referred to Committee on Transportation.

     AN ACT Relating to regional transit agency consolidation for efficiency and emergency evacuation planning purposes; amending RCW 81.112.010, 81.112.020, 81.112.030, 81.112.040, 81.112.050, 81.112.070, 81.112.110, 81.104.170, 35.95.020, and 82.14.045; adding new sections to chapter 81.112 RCW; adding a new section to chapter 41.56 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 28A.160 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 43.09 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature recognizes that the scientific evidence and geologic record of the central Puget Sound region of the state is at high risk for catastrophic seismic events. The legislature recognizes that King, Snohomish, and Pierce counties represent over sixty percent of the state's economic activity. The legislature further recognizes that destruction or significant disruption of the state's center of economic activity would have a long-term crippling effect on the economic and social welfare of all citizens of the state. Therefore, the legislature finds that it is in the state's best interest for the safety and welfare of its citizens that regional transit authorities be organized and act as dual purpose entities serving both public transit needs and emergency evacuation and disaster response support in case of catastrophic natural and terrorism events.

Sec. 2   RCW 81.112.010 and 1992 c 101 s 1 are each amended to read as follows:
     The legislature recognizes that existing transportation facilities in the central Puget Sound area are inadequate to address mobility needs of the area. The geography of the region((,)) and travel demand growth((, and public resistance to new roadways combine to further)) necessitate the rapid development of alternative modes of travel.
     The legislature finds that local governments have been effective in cooperatively planning a multicounty, high capacity transportation system. However, a continued multijurisdictional approach to funding, construction, and operation of a multicounty high capacity transportation system may impair the successful implementation of such a system.
     The legislature finds that a single agency will be more effective than several local jurisdictions working collectively at planning, developing, operating, and funding a high capacity transportation system and supporting emergency urban evacuation and postdisaster transportation logistical support. The single agency's services must be carefully integrated and coordinated with public transportation services currently provided. As the single agency's services are established, any public transportation services currently provided that are duplicative should be eliminated. Further, the single agency must coordinate its activities with other agencies providing local and state roadway services, implementing comprehensive planning, and implementing transportation demand management programs and assist in developing infrastructure to support high capacity systems including but not limited to feeder systems, park and ride facilities, intermodal centers, and related roadway and operational facilities. Coordination can be best achieved through common governance, such as integrated governing boards.
     The legislature also finds that a single agency in the state's most populous region will be more effective at providing emergency evacuation services than multiple local transit agencies. In the consolidation of high capacity and local transit services, the regional transit authority shall conduct integrated transit planning, emergency evacuation planning, management, and administration and shall eliminate redundant activities in the merged organization.
     It is therefore the policy of the state of Washington to empower counties in the state's most populous region to create a local agency for planning and implementing public transportation systems and a high capacity transportation system within that region. The authorization for such an agency, except as specifically provided in this chapter, is not intended to limit the powers of existing transit agencies.

Sec. 3   RCW 81.112.020 and 1999 c 20 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Authority" means a regional transit authority authorized under this chapter.
     (2) "Board" means the board of a regional transit authority.
     (3) "Service area" or "area" means the area included within the boundaries of a regional transit authority.
     (4) "System" means a regional transit system or local public transportation system authorized under this chapter and under the jurisdiction of a regional transit authority.
     (5) "Facilities" means any lands, interest in land, air rights over lands, and structures, including improvements thereto ((including)) and vessel terminals, and any equipment, vehicles, vessels, and other components necessary to support ((the)) a system.
     (6) "Proof of payment" means evidence of fare prepayment authorized by a regional transit authority for the use of trains, including but not limited to commuter trains and light rail trains.
     (7) "Local public transportation system" means a system of public transportation services, including the services and facilities necessary to implement the system, not otherwise constituting a high capacity transportation system.

Sec. 4   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/high capacity transit service integration, ensure fare integration, and ensure avoidance of parallel competitive services. The authority shall also conduct a minimum thirty-day public comment period.
     (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. 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.
     (9) 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. 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.))

Sec. 5   RCW 81.112.040 and 1994 c 109 s 1 are each amended to read as follows:
     (1) 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)) the county executives of King, Snohomish, and Pierce counties, the secretary of the state department of transportation, the director of the state emergency management division, and two representatives of the private sector appointed by the governor. 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)) six-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) ((Major decisions of the authority shall require a favorable vote of two-thirds of the entire membership of the voting members. "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))) 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.
     (3) The board shall form an advisory committee of cities within its jurisdiction.

Sec. 6   RCW 81.112.050 and 1998 c 192 s 1 are each amended to read as follows:
     (1) At the time of formation, the area to be included within the boundary of the authority shall be that area set forth in the system plan adopted by the joint regional policy committee. Prior to submitting the system and financing plan to the voters, the authority may make adjustments to the boundaries as deemed appropriate but must assure that, to the extent possible, the boundaries: (a) Include the largest-population urban growth area designated by each county under chapter 36.70A RCW; and (b) follow election precinct boundaries. If a portion of any city is determined to be within the service area, the entire city must be included within the boundaries of the authority.
     (2) ((After voters within the authority boundaries have approved the system and financing plan, elections to add areas contiguous to the authority boundaries may be called by resolution of the regional transit authority, after consultation with 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. Only those areas that would benefit from the services provided by the authority may be included and services or projects proposed for the area must be consistent with the regional transportation plan. The election may include a single ballot proposition providing for annexation to the authority boundaries and imposition of the taxes at rates already imposed within the authority boundaries.
     (3) Upon receipt of a resolution requesting exclusion from the boundaries of the authority from a city whose municipal boundaries cross the boundaries of an authority and thereby result in only a portion of the city being subject to local option taxes imposed by the authority under chapters 81.104 and 81.112 RCW in order to implement a high-capacity transit plan, and where the vote to approve the city's incorporation occurred simultaneously with an election approving the local option taxes, then upon a two-thirds majority vote of the governing board of the authority, the governing board shall redraw the boundaries of the authority to exclude that portion of the city that is located within the authority's boundaries, and the excluded area is no longer subject to local option taxes imposed by the authority. This subsection expires December 31, 1998)) On the date of the transfer of local public transportation systems to the regional transit authority as specified in section 12 of this act, the authority boundaries shall be countywide.

Sec. 7   RCW 81.112.070 and 1992 c 101 s 7 are each amended to read as follows:
     In addition to the powers specifically granted by this chapter an authority shall have all powers necessary to implement ((a high capacity transportation)) systems and to develop revenues ((for system)) to support these systems. An authority may contract with the United States or any agency thereof, any state or agency thereof, any public transportation benefit area, any county, county transportation authority, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and any private person, firm, or corporation for: (1) The purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies; (2) the design, construction, or operation of ((high capacity transportation)) system facilities; or (3) the provision or receipt of services, facilities, or property rights to provide revenues for ((the)) a system. An authority shall have the power to contract pursuant to RCW 39.33.050. In addition, an authority may contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, constructing, or operating any facility or performing any service that the authority may be authorized to operate or perform, on such terms as may be agreed upon by the contracting parties. Before any contract for the lease or operation of any authority facilities is let to any private person, firm, or corporation, a general schedule of rental rates for equipment with or without operators applicable to all private certificated carriers shall be publicly posted, and for other facilities competitive bids shall first be called upon such notice, bidder qualifications, and bid conditions as the board shall determine. This shall allow use of negotiated procurements.

Sec. 8   RCW 81.112.110 and 1992 c 101 s 11 are each amended to read as follows:
     If an authority acquires any existing components of a high capacity transportation system, it shall assume and observe all existing labor contracts relating to the transportation system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such transportation systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she enjoyed as an employee of the transportation system prior to such acquisition. At such times as may be required by such contracts, the authority shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization. Facilities and equipment ((which are acquired after July 1, 1993,)) related to high capacity transportation services which are to be assumed by the authority as specifically identified in the adopted system plan shall be acquired by the authority in a manner consistent with RCW 81.112.070 through 81.112.100.

NEW SECTION.  Sec. 9   A new section is added to chapter 81.112 RCW to read as follows:
     An authority shall have the following powers in addition to any other powers granted by this chapter:
     (1) To acquire by purchase, condemnation, gift, or grant, and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of local public transportation systems and properties within authority boundaries, including those systems specified in RCW 81.112.080(2). The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter;
     (2) To dispose of any real or personal property acquired in connection with any authority function related to the operation of a local public transportation system that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class. When an authority determines that a facility or any part thereof that has been acquired from any public agency without compensation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to the agency;
     (3) To fix rates, tolls, fares, and charges for the use of local public transportation system facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users.

NEW SECTION.  Sec. 10   A new section is added to chapter 81.112 RCW to read as follows:
     (1) Except in accordance with an agreement made as provided in this section, upon the date an authority begins to operate a local public transportation system, no person or private corporation may operate a similar system or service within the area covered by the system, with the exception of services owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged.
     (2) The authority and any person or corporation legally operating a local public transportation system wholly within or partly within and partly without the authority boundary on the date an authority begins operating the system may enter into an agreement under which the person or corporation may continue to operate the system or any part thereof for such time and upon such terms and conditions as provided in the agreement. The agreement shall provide for a periodic review of the terms and conditions contained therein. Where any local public transportation system will be required to cease to operate within the authority boundary, the authority may agree with the owner of the system to purchase the assets used in providing the service, or if no agreement can be reached, an authority shall condemn the assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with this chapter.
     (3) Wherever a privately owned public carrier operates wholly or partly within an authority boundary, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

NEW SECTION.  Sec. 11   A new section is added to chapter 81.112 RCW to read as follows:
     (1) Within one year after the effective date of this section, all local public transportation systems shall be transferred to, and acquired by, a regional transit authority if the systems are operated by a city, county, county transportation authority, public transportation benefit area, or municipal corporation, wholly within the boundary of the regional transit authority. An authority shall have and exercise all rights with respect to the construction, acquisition, maintenance, operation, extension, alteration, repair, control, and management of local public transportation systems that any city, county, county transportation authority, metropolitan municipal corporation, or public transportation benefit area, located wholly within the authority boundary, has been previously empowered to exercise and these powers shall not thereafter be exercised by these agencies without the consent of the authority.
     (2) The transfer of the powers, duties, functions, and personnel of any transit agency to an authority does not affect the validity of any act performed before the effective date of this section.
     (3) All existing rights, contracts, and obligations shall remain in full force and shall be enforceable by or against the authority upon the acquisition of a local public transportation system from a city, county, county transportation authority, public transportation benefit area, or municipal corporation.

NEW SECTION.  Sec. 12   A new section is added to chapter 41.56 RCW to read as follows:
     (1) Collective bargaining agreements covering employees affected by this act that are in effect on the effective date of this section may not be renewed or extended, including an arbitration award, beyond six months after the date of transfer of the local public transportation systems to the regional transit authority.
     (2) By six months after the date of transfer of the local public transportation systems to the regional transit authority, the commission shall, to reduce excessive fragmentation, combine the existing bargaining units of such employees into fewer appropriate bargaining units based on the employees' duties, skills, and working conditions. Representation in the new unit or units must be determined by election under RCW 41.56.070.

NEW SECTION.  Sec. 13   A new section is added to chapter 82.14 RCW to read as follows:
     (1) The board of a regional transit authority established under chapter 81.112 RCW may impose a sales and use tax in accordance with this chapter. The tax is 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 upon the occurrence of any taxable event within the county. The rate of tax shall not exceed six-tenths of one 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.
     (2) The board of a regional transit authority established under chapter 81.112 RCW may designate any city of the first class located within the boundary of the authority as a high density service zone. Upon designation as a high density service zone, the authority may submit an authorizing proposition to the voters of the first class city, and if the proposition is approved by a majority of the persons voting, impose a sales and use tax in accordance with this chapter. The tax authorized in this subsection is in addition to the tax authorized in subsection (1) of this section and any other taxes authorized by law. The tax shall 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 service zone. The rate of tax shall not exceed one-half of one 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.
     (3) The taxes authorized in this section shall only be used for the construction, acquisition, operation, maintenance, extension, alteration, and repair of local public transportation systems.
     (4) The board of a regional transit authority shall only impose the tax authorized in subsection (1) of this section to the extent necessary to fund local public transportation systems upon the acquisition of such systems under section 11 of this act.
     (5) For the purposes of this section, "local public transportation system" has the meaning provided in RCW 81.112.020.

Sec. 14   RCW 81.104.170 and 1997 c 450 s 5 are each amended to read as follows:
     (1) Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, and regional transit authorities may submit an authorizing proposition to the voters and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter, solely for the purpose of providing high capacity transportation service.
     (2) The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. The maximum rate of such tax shall be approved by the voters and shall not exceed one 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). The maximum rate of such tax that may be imposed shall not exceed nine-tenths of one percent in any county that imposes a tax under RCW 82.14.340, or within a regional transit authority if any county within the authority imposes a tax under RCW 82.14.340. Notwithstanding any other provision of this section, after the effective date of this section the maximum rate of tax for a regional transit authority shall not exceed four-tenths of one percent. The exemptions in RCW 82.08.820 and 82.12.820 are for the state portion of the sales and use tax and do not extend to the tax authorized in this section.

NEW SECTION.  Sec. 15   A new section is added to chapter 81.112 RCW to read as follows:
     (1) By January 1, 2007, the regional transit authority shall, jointly with the state department of transportation, county transportation agencies, state emergency management division, and county emergency management agencies, develop an emergency evacuation plan, for use in case of a catastrophic natural or man-made disaster, including a postdisaster transportation logistical support and rescue plan, an implementation plan, and funding requirements. The plan shall include, but not be limited to:
     (a) Designated and marked evacuation routes;
     (b) High capacity evacuee relocation areas with basic shelter and support services;
     (c) First responder rendezvous points;
     (d) Emergency bus service rendezvous points;
     (e) Emergency air service landing sites;
     (f) Fuel and maintenance support facilities;
     (g) Public health capacity and accessibility; and
     (h) Emergency management division physical and remote access to regional transit authority vehicle dispatch systems.
     (2) All regional transit authority buses, support vehicles, and fleet maintenance facilities shall be connected by an integrated geographic positioning system and satellite telecommunications network.

NEW SECTION.  Sec. 16   A new section is added to chapter 36.70A RCW to read as follows:
     A comprehensive plan must reflect the emergency evacuation planning requirements in section 15 of this act.

NEW SECTION.  Sec. 17   A new section is added to chapter 28A.160 RCW to read as follows:
     The office of the superintendent of public instruction shall, in coordination with the appropriate educational service districts and associated school districts, develop an integrated emergency evacuation and postdisaster transportation logistical support and rescue plan, implementation action plan, and funding requirements. The office of the superintendent of public instruction shall integrate its plans with evacuation and emergency response plans developed by a regional transit authority and the state emergency management department. School district facilities and vehicles shall be considered as resources for evacuation and shelter as part of the emergency response planning process. Rejoining children with their parents after a catastrophic event shall be a significant priority in the emergency evacuation and rescue plan.

NEW SECTION.  Sec. 18   A new section is added to chapter 47.01 RCW to read as follows:
     The Washington state department of transportation shall establish an ongoing inventory of all publicly owned heavy equipment that may be used to open transportation corridors into the regional transit authority area after a catastrophic event.

Sec. 19   RCW 35.95.020 and 1975 1st ex.s. c 270 s 3 are each amended to read as follows:
     The following terms however used or referred to in this chapter, shall have the following meanings, unless a different meaning is required by the context:
     (1) "Corporate authority" shall mean the council or other legislative body of a municipality.
     (2)(a) "Municipality" shall mean any incorporated city, town, county pursuant to RCW 36.57.100 and 36.57.110, any county transportation authority created pursuant to chapter 36.57 RCW, any public transportation benefit area created pursuant to chapter 36.57A RCW, or any metropolitan municipal corporation created pursuant to RCW 35.58.010, et seq: PROVIDED, That the term "municipality" shall mean in respect to any county performing the public transportation function pursuant to RCW 36.57.100 and 36.57.110 only that portion of the unincorporated area lying wholly within such unincorporated transportation benefit area.
     (b) "Municipality" does not include any local transportation agency described in (a) of this subsection if the boundary of the agency is located wholly within the boundary of a regional transit authority, as defined in RCW 81.112.020.
     (3) "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, school district or political subdivision of the state, fraternal, benevolent, religious or charitable society, club or organization, and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity. The term "person" shall not be construed to include the United States nor the state of Washington.

Sec. 20   RCW 82.14.045 and 2001 c 89 s 3 are each amended to read as follows:
     (1) The legislative body of any city pursuant to RCW 35.92.060, of any county which has created an unincorporated transportation benefit area pursuant to RCW 36.57.100 and 36.57.110, of any public transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090, of any county transportation authority established pursuant to chapter 36.57 RCW, and of any metropolitan municipal corporation within a county with a population of one million or more pursuant to chapter 35.58 RCW, may, by resolution or ordinance for the sole purpose of providing funds for the operation, maintenance, or capital needs of public transportation systems or public transportation limited to persons with special needs under RCW 36.57.130 and 36.57A.180, and in lieu of the excise taxes authorized by RCW 35.95.040, submit an authorizing proposition to the voters or include such authorization in a proposition to perform the function of public transportation or public transportation limited to persons with special needs under RCW 36.57.130 and 36.57A.180, and if approved by a majority of persons voting thereon, ((fix and)) impose a sales and use tax in accordance with the terms of this chapter: PROVIDED, That no such legislative body shall impose such a sales and use tax without submitting such an authorizing proposition to the voters and obtaining the approval of a majority of persons voting thereon: PROVIDED FURTHER, That where such a proposition is submitted by a county on behalf of an unincorporated transportation benefit area, it shall be voted upon by the voters residing within the boundaries of such unincorporated transportation benefit area and, if approved, the sales and use tax shall be imposed only within such area. Notwithstanding any provisions of this section to the contrary, any county in which a county public transportation plan has been adopted pursuant to RCW 36.57.070 and the voters of such county have authorized the imposition of a sales and use tax pursuant to the provisions of section 10, chapter 167, Laws of 1974 ex. sess., prior to July 1, 1975, shall be authorized to fix and impose a sales and use tax as provided in this section at not to exceed the rate so authorized without additional approval of the voters of such county as otherwise required by this section.
     The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such city, public transportation benefit area, county, or metropolitan municipal corporation as the case may be. The rate of such tax shall be one-tenth, two-tenths, three-tenths, four-tenths, five-tenths, six-tenths, seven-tenths, eight-tenths, or nine-tenths of one 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). The rate of such tax shall not exceed the rate authorized by the voters unless such increase shall be similarly approved.
     (2)(a) In the event a metropolitan municipal corporation shall impose a sales and use tax pursuant to this chapter no city, county which has created an unincorporated transportation benefit area, public transportation benefit area authority, or county transportation authority wholly within such metropolitan municipal corporation shall be empowered to ((levy and/or collect)) impose taxes pursuant to RCW ((35.58.273,)) 35.95.040((, and/or 82.14.045)) or this section, but nothing herein shall prevent such city or county from imposing sales and use taxes pursuant to any other authorization.
     (b) In the event a county transportation authority shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, public transportation benefit area, or metropolitan municipal corporation, located within the territory of the authority, shall be empowered to ((levy or collect)) impose taxes pursuant to RCW ((35.58.273,)) 35.95.040((,)) or ((82.14.045)) this section.
     (c) In the event a public transportation benefit area shall impose a sales and use tax pursuant to this section, no city, county which has created an unincorporated transportation benefit area, or metropolitan municipal corporation, located wholly or partly within the territory of the public transportation benefit area, shall be empowered to ((levy or collect)) impose taxes pursuant to RCW ((35.58.273,)) 35.95.040((,)) or ((82.14.045)) this section.
     (3) ((Any local sales and use tax revenue collected pursuant to this section by any city or by any county for transportation purposes pursuant to RCW 36.57.100 and 36.57.110 shall not be counted as locally generated tax revenues for the purposes of apportionment and distribution, in the manner prescribed by chapter 82.44 RCW, of the proceeds of the motor vehicle excise tax authorized pursuant to RCW 35.58.273, except that the local sales and use tax revenue collected under this section by a city with a population greater than sixty thousand that as of January 1, 1998, owns and operates a municipal public transportation system shall be counted as locally generated tax revenues for the purposes of apportionment and distribution, in the manner prescribed by chapter 82.44 RCW, of the proceeds of the motor vehicle excise tax authorized under RCW 35.58.273 as follows:
     (a) For fiscal year 2000, revenues collected under this section shall be counted as locally generated tax revenues for up to 25 percent of the tax collected under RCW 35.58.273;
     (b) For fiscal year 2001, revenues collected under this section shall be counted as locally generated tax revenues for up to 50 percent of the tax collected under RCW 35.58.273;
     (c) For fiscal year 2002, revenues collected under this section shall be counted as locally generated tax revenues for up to 75 percent of the tax collected under RCW 35.58.273; and
     (d) For fiscal year 2003 and thereafter, revenues collected under this section shall be counted as locally generated tax revenues for up to 100 percent of the tax collected under RCW 35.58.273)) No transportation agency otherwise eligible to impose the sales and use tax authorized in subsection (1) of this section shall impose the tax authorized in subsection (1) of this section if the services and facilities of the agency are acquired by a regional transit agency under section 11 of this act.

NEW SECTION.  Sec. 21   A new section is added to chapter 43.09 RCW to read as follows:
     Every four years, the state auditor shall conduct a performance audit and evaluation of the regional transit authority established under chapter 81.112 RCW. The audit shall review, but not be limited to, vehicle dispatch operating technology and management systems, fleet maintenance and operations, route mapping, and scheduling operating systems and financial and administrative practices. A benchmarking performance audit shall be done no later than ninety days after the effective date of this section.

NEW SECTION.  Sec. 22   A new section is added to chapter 81.112 RCW to read as follows:
     As of the effective date of this section, the regional transit authority shall defer any further expenditure related to the construction and development of the light rail system until an integrated bus rapid transit system and emergency urban evacuation and postdisaster response plan are implemented and operational.

NEW SECTION.  Sec. 23   A new section is added to chapter 81.112 RCW to read as follows:
     The regional transit authority shall report on its emergency evacuation plan to the appropriate committees of the legislature and the governor by January 1, 2007.