BILL REQ. #:  S-2485.1 

Read first time 03/16/2005.   Referred to Committee on Transportation.

     AN ACT Relating to central Puget Sound regional transportation improvements; amending RCW 36.120.020, 36.120.050, 36.120.070, 47.56.076, 81.100.080, and 35.95A.070; adding a new section to chapter 82.80 RCW; and creating a new section.

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

Sec. 1   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 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. 2   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;
     (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)) section 6 of this act;
     (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. Unless otherwise specified by law or contract, the department shall administer the collection of vehicle tolls on designated facilities, and the state transportation commission, or its successor, shall be the tolling authority.
     (2) Taxes, fees, and tolls 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 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. 3   RCW 36.120.070 and 2002 c 56 s 107 are each amended to read as follows:
     (1)(a) For consideration at the 2005 general election, each of the county legislative authorities participating in a planning committee in April 2004 shall submit to the voters of the proposed district the regional transportation investment plan, including the projects and revenue sources, adopted by the planning committee executive board on April 29, 2004, including any modifications adopted prior to July 1, 2005. The counties shall follow the ballot measure and election procedures provided in subsection (2) of this section.
     (b)(i) The ballot measure submitted to the voters under (a) of this subsection must include a local option surcharge of not more than three-tenths of one percent of the value of vehicles registered to a person residing within the district. If the ballot measure is approved by the voters, the regional transportation investment district shall impose the surcharge and submit that portion of the revenue generated within a regional transit authority's boundaries to the regional transit authority. The regional transit authority shall first use the revenue to support the completion of a light rail transit system as identified in the first phase of the authority's regional high capacity transportation system investments. Any excess revenues may then be used by the regional transit authority solely for the purpose of providing high capacity transportation service. That portion of the revenue generated outside a regional transit authority's boundaries shall remain with the district and may be used for transportation projects as defined in this chapter.
     (ii) No surcharge may be imposed on new vehicles, except that the surcharge shall apply to the initial registration of a vehicle previously licensed in another jurisdiction.
     (iii) A district imposing a surcharge under this section shall contract, before the effective date of the resolution or ordinance imposing a surcharge, for the administration and collection of the surcharge by the state department of licensing, and department of revenue, as appropriate, which may deduct an amount, as provided by contract, for administration and collection expenses. All administrative provisions in chapters 82.03, 82.32, and 82.44 RCW shall, insofar as they are applicable to motor vehicle excise taxes, be applicable to surcharges imposed under this section. For the purposes of determining the value of a vehicle, the district shall use the uniform statewide vehicle depreciation schedule, if then in existence, or, in the alternative, shall use the depreciation schedule applicable to the motor vehicle excise tax imposed by a regional transit authority.
     (2) Subject to subsection (1) of this section, two or more contiguous county legislative authorities, upon receipt of the regional transportation investment plan under RCW 36.120.040, may ((certify the plan to the ballot, including identification of the tax options)) submit to the voters of the proposed district a single ballot measure that approves formation of the district, approves the regional transportation investment plan, and approves the revenue sources necessary to ((fund)) finance the plan. ((County legislative authorities)) The planning committee may draft ((a ballot title,)) the ballot measure on behalf of the county legislative authorities, and the county legislative authorities may give notice as required by law for ballot measures, and perform other duties as required to ((put the plan before)) submit the measure to 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 of the measure.

Sec. 4   RCW 47.56.076 and 2002 c 56 s 403 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)(((f))) (g), a regional transportation investment district may ((impose)) authorize vehicle tolls on 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. 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.

Sec. 5   RCW 81.100.080 and 1990 c 43 s 19 are each amended to read as follows:
     Funds collected under RCW 81.100.030 or 81.100.060 and any investment earnings accruing thereon shall be used by the county or the regional transportation investment district in a manner consistent with the regional transportation plan only for costs of collection, costs of preparing, adopting, and enforcing agreements under RCW 81.100.030(3), for construction of high occupancy vehicle lanes and related facilities, mitigation of environmental concerns that result from construction or use of high occupancy vehicle lanes and related facilities, payment of principal and interest on bonds issued for the purposes of this section, for high occupancy vehicle programs as defined in RCW 81.100.020(5), and for commuter rail projects in accordance with RCW 81.104.120. Except for funds raised by a regional transportation investment district, no funds collected under RCW 81.100.030 or 81.100.060 after June 30, 2000, may be pledged for the payment or security of the principal or interest on any bonds issued for the purposes of this section. Not more than ten percent of the funds may be used for transit agency high occupancy vehicle programs.
     Priorities for construction of high occupancy vehicle lanes and related facilities shall be as follows:
     (1)(a) To accelerate construction of high occupancy vehicle lanes on the interstate highway system, as well as related facilities;
     (b) To finance or accelerate construction of high occupancy vehicle lanes on the noninterstate state highway system, as well as related facilities.
     (2) To finance construction of high occupancy vehicle lanes on local arterials, as well as related facilities.
     Moneys received by an agency under this chapter shall be used in addition to, and not as a substitute for, moneys currently used by the agency for the purposes specified in this section.
     Counties and regional transportation investment districts may contract with cities or the state department of transportation for construction of high occupancy vehicle lanes and related facilities, and may issue general obligation bonds to fund such construction and use funds received under this chapter to pay the principal and interest on such bonds.

NEW SECTION.  Sec. 6   A new section is added to chapter 82.80 RCW to read as follows:
     (1) A regional transportation investment district may, with voter approval and as part of a regional transportation investment plan, impose a local option surcharge of not more than two-tenths of one percent of the value of vehicles registered to a person residing within the district. The proceeds collected under this section shall be used for transportation projects as defined in RCW 36.120.020. No surcharge may be imposed on new vehicles, except that the surcharge shall apply to the initial registration of a vehicle previously licensed in another jurisdiction.
     (2) An investment district imposing a tax under this section shall contract, before the effective date of the resolution or ordinance imposing a surcharge, for the administration and collection of the surcharge by the state department of licensing, and department of revenue, as appropriate, which may deduct an amount, as provided by contract, for administration and collection expenses. All administrative provisions in chapters 82.03, 82.32, and 82.44 RCW shall, insofar as they are applicable to motor vehicle excise taxes, be applicable to surcharges imposed under this section. For the purposes of determining the value of a vehicle, the district shall use the uniform statewide vehicle depreciation schedule, if then in existence, or, in the alternative, shall use the depreciation schedule applicable to the motor vehicle excise tax imposed by a regional transit authority.

Sec. 7   RCW 35.95A.070 and 2002 c 248 s 8 are each amended to read as follows:
     (1) 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.
     (2) 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.
     (3) An authority may not issue bonds under this section unless and until voters have approved the formation of a regional transportation investment district that includes the authority within the district area.

NEW SECTION.  Sec. 8   (1) The governor shall appoint, from a designated list of nominees submitted by each major party caucus of the legislature, a regional transportation governance commission. Each major party caucus of the legislature shall submit two names to the governor for possible appointment. The governor shall then appoint from the list of eight names five members to serve on the commission; however, at least four of the appointments must represent a different caucus. The commission shall elect a chair, and may adopt rules and procedures necessary for its orderly operation. In addition, the secretary of transportation or the secretary's designee shall serve as a nonvoting member. Appointees must be citizen members, who do not hold public office. Appointees must include experts from the private and public sectors, including academia, with demonstrated expertise in innovation, structural reorganization, and private or public agency decision making and must also include experts in fields such as municipal law, public administration, intergovernmental relationships, and transportation planning, construction, operations, and risk management.
     (2) The commission shall evaluate transportation governance in the central Puget Sound area under the jurisdiction of the Puget Sound regional council. This evaluation must include an assessment of the current roles of regional transportation agencies including regional transportation and metropolitan planning organizations, the regional transit authority, regional transportation investment districts, county and municipal agencies operating transit services, and cities and counties and other public agencies providing transportation services or facilities. The commission shall assess and develop recommendations for what steps should be taken to:
     (a) Consolidate governance among agencies including changes in institutional powers, structures, and relationships and governance needed to improve accountability for transportation decisions, while enhancing the regional focus for transportation decisions and maintaining equity among citizens in the region;
     (b) Improve coordination in the planning of transportation investments and services;
     (c) Improve investment strategies;
     (d) Coordinate transportation planning and investments with adopted land use policies within the region;
     (e) Enhance efficiency and coordination in the delivery of services provided;
     (f) Adjust boundaries for agencies or functions within the region to address existing and future transportation and land use issues; and
     (g) Improve coordination between regional investments and federal funds, and state funding including those administered by the transportation improvement board, the county road administration board, and the freight mobility strategic investment board.
     (3) The commission shall make public its preliminary findings and recommendations by November 15, 2005, and shall provide at least fifteen days for public comment. The commission shall then adopt its findings and recommendations and submit them to the legislature by January 1, 2006.
     (4) The commission shall conduct public meetings to assure active public participation in the development of the recommendations.
     (5) The department of transportation shall provide staff support to the commission and, upon request of the commission, contract with other parties for staff support to the commission.