BILL REQ. #:  Z-0821.3 

Read first time 01/09/2006.   Referred to Committee on Transportation.

     AN ACT Relating to the urban arterial program; and amending RCW 47.26.080, 47.26.115, 47.26.121, 47.26.140, 47.26.164, and 47.26.190.

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

Sec. 1   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)) road transfer program, as provided in RCW 47.26.164, and the small city arterial program, as provided for in RCW 47.26.115, are implemented within the urban arterial trust account.
     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. 2   RCW 47.26.115 and 1999 c 94 s 18 are each amended to read as follows:
     The intent of the small city arterial program is to preserve and improve the roadway system consistent with local needs of incorporated cities and towns with a population of less than five thousand. The board shall adopt rules and procedures to govern the allocation of funds distributed to the small city arterial program.

Sec. 3   RCW 47.26.121 and 1996 c 49 s 1 are each amended to read as follows:
     (1) ((There is hereby created a)) The transportation improvement board of ((twenty-one)) twenty members is created, six of whom shall be county members and six of whom shall be city members. The remaining members shall be: (a) One representative ((appointed by the governor)) who shall be a state employee with responsibility for transportation policy, planning, or funding; (b) two representatives from the department of transportation; (c) ((two)) one representative((s)) of public transit systems; (d) a private sector representative; (e) a member representing the ports; (f) a member representing nonmotorized transportation; and (g) a member representing special needs transportation.
     (2) Of the county members of the board, one shall be a county engineer or public works director of a county with a population of one hundred twenty-five thousand or more; one shall be ((the executive director of the county road administration board)) a county engineer or public works director of a county of less than one hundred twenty-five thousand population; one shall be a county planning director or planning manager; one shall be a county executive, councilmember, or commissioner from a county with a population of one hundred twenty-five thousand or more; one shall be a county executive, councilmember, or commissioner of a county who serves on the board of a public transit system; and one shall be a county executive, councilmember, or commissioner from a county with a population of less than one hundred twenty-five thousand. ((All county members of the board, except the executive director of the county road administration board, shall be appointed.)) Not more than one county member of the board shall be from any one county. No more than two of the three county-elected officials may represent counties located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.
     (3) Of the city members of the board one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city with a population of twenty thousand or more; one shall be a chief city engineer, public works director, or other city employee with responsibility for public works activities, of a city of less than twenty thousand population; one shall be a city planning director or planning manager; one shall be a mayor, commissioner, or city councilmember of a city with a population of twenty thousand or more; one shall be a mayor, commissioner, or city councilmember of a city who serves on the board of a public transit system; and one shall be a mayor, commissioner, or councilmember of a city of less than twenty thousand population. ((All of the city members shall be appointed.)) Not more than one city member of the board shall be from any one city. No more than two of the three city-elected officials may represent cities located in either the eastern or western part of the state as divided north and south by the summit of the Cascade mountains.
     (4) ((Of)) The transit member((s, at least one shall)) must be a general manager, executive director, or transit director of a public transit system ((in an urban area with a population over two hundred thousand and at least one representative from a rural or small urban transit system in an area with a population less than two hundred thousand)).
     (5) The private sector member shall be a citizen with business, management, and transportation related experience and shall be active in a business community-based transportation organization.
     (6) The port member shall be a commissioner or senior staff person of a public port.
     (7) The nonmotorized transportation member shall be a citizen with a demonstrated interest and involvement with a nonmotorized transportation group.
     (8) The specialized transportation member shall be a citizen with a demonstrated interest and involvement with a statewide specialized needs transportation group.
     (9) The governor shall make all appointments ((of county, city, Washington department of transportation, transit, port, nonmotorized transportation, special needs transportation, and private sector representatives shall be made by the secretary of the department of transportation. Appointees shall be chosen)) from a list of two persons for each position nominated by the Washington state association of counties for county members, the association of Washington cities for city members, the Washington state transit association for the transit member((s)), and the Washington public ports association for the port member. The private sector, nonmotorized transportation, and special needs members shall be sought through classified advertisements in selected newspapers collectively serving all urban areas of the state, and other appropriate means. Persons applying for the private sector, nonmotorized transportation, or special needs transportation member position must provide a letter of interest and a resume to the ((secretary of the department of transportation)) governor. In the case of a vacancy, the appointment shall be only for the remainder of the unexpired term in which the vacancy has occurred. A vacancy shall be deemed to have occurred on the board when any member elected to public office completes that term of office or is removed therefrom for any reason or when any member employed by a political subdivision terminates such employment for whatsoever reason or when a private sector, nonmotorized transportation, or special needs transportation member resigns or is unable or unwilling to serve.
     (10) Appointments shall be for terms of four years. Terms of all appointed members shall expire on June 30th of even-numbered years. The initial term of appointed members may be for less than four years. No appointed member may serve more than two consecutive four-year terms.
     (11) The board shall elect a chair from among its members for a two-year term.
     (12) Expenses of the board shall be paid in accordance with RCW 47.26.140.
     (13) For purposes of this section, "public transit system" means a city-owned transit system, county transportation authority, metropolitan municipal corporation, public transportation benefit area, or regional transit authority.

Sec. 4   RCW 47.26.140 and 1999 c 94 s 19 are each amended to read as follows:
     The transportation improvement board shall appoint an executive director, who shall serve at its pleasure and whose salary shall be set by the board, and may employ additional staff as it deems appropriate. All costs associated with staff, together with travel expenses in accordance with RCW 43.03.050 and 43.03.060, shall be paid from the urban arterial trust account((, public transportation systems account,)) and the transportation improvement account in the motor vehicle fund as determined by the biennial appropriation.

Sec. 5   RCW 47.26.164 and 1999 c 94 s 20 are each amended to read as follows:
     The board shall adopt reasonable rules necessary to implement the ((city hardship assistance)) road transfer program as recommended by the road jurisdiction study.
     The following criteria shall be used to implement the program:
     (1) Only those cities with a net gain in cost responsibility due to jurisdictional transfers in chapter 342, Laws of 1991, as determined by the board, may participate;
     (2) Cities with populations of fifteen thousand or less, as determined by the office of financial management, may participate;
     (3) The board shall develop criteria and procedures under which eligible cities may request funding for rehabilitation projects on city streets acquired under chapter 342, Laws of 1991; and
     (4) The board shall also be authorized to allocate funds from the ((city hardship assistance)) road transfer program to cities with a population under twenty thousand to offset extraordinary costs associated with the transfer of roadways other than pursuant to chapter 342, Laws of 1991, that occur after January 1, 1991.

Sec. 6   RCW 47.26.190 and 1994 c 179 s 18 are each amended to read as follows:
     The board shall adopt rules that provide geographical diversity in selecting improvement projects to be funded from the urban arterial trust account and ((small city)) transportation improvement account funds.