BILL REQ. #: S-5041.2
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/03/06.
AN ACT Relating to central Puget Sound regional transportation governance and funding; amending RCW 36.120.020, 36.120.030, 36.120.040, 36.120.050, 36.120.070, 36.120.080, 36.120.110, 47.56.076, 81.112.030, 81.112.050, 81.100.060, 81.100.080, 29A.36.071, 36.73.015, 36.73.020, and 82.14.430; reenacting and amending RCW 43.79A.040, 43.84.092, and 43.84.092; adding new sections to chapter 36.120 RCW; adding a new section to chapter 47.56 RCW; adding a new section to chapter 81.112 RCW; providing an effective date; and providing an expiration date.
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)), developed jointly with
any regional transit authority existing within the district area, for
improving transportation system performance within the region through
investments in transportation ((project or)) projects. The plan must
be consistent with the regional transportation plan adopted by the
regional transportation planning organization of which the
participating counties are members.
(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)) fifteen percent 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
tolled facilities, where toll revenues have been pledged for the
payment of contracts, are 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 36.120.030 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)) propose a regional
transportation investment district ((and shall convene)) by first
convening a regional transportation investment district planning
committee.
(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. 3 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, in consultation with any regional transit authority
existing within the participating counties' boundaries, 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 member. A regional
transportation planning organization ((in)) of which a participating
county is ((located)) a member 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)) shall 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)) shall coordinate its
activities with affected cities, towns, and other local governments,
including any regional transit authority existing within the
participating counties' boundaries, that engage in transportation
planning.
(3) The planning committee shall:
(a) Conduct public meetings that are needed to assure active public
participation in the development of the plan;
(b) Adopt a plan proposing the:
(i) Creation of a regional transportation investment district; and
(ii) Construction of transportation projects to improve mobility
within each county and within the region. Operations, maintenance, and
preservation of facilities or systems may not be part of the plan,
except for the limited purposes provided under RCW 36.120.020(8)(d);
and
(c) 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 must use tax revenues and related debt for projects
that generally benefit a participating county in proportion to the
general level of tax revenues generated within that participating
county. 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 if
applicable, any regional transit authority existing within the
participating counties' boundaries, 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 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 by the planning committee, 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.
NEW SECTION. Sec. 4 A new section is added to chapter 36.120 RCW
to read as follows:
(1) The boundaries of a regional transportation investment district
must be coextensive with the boundaries of a regional transit authority
serving the counties.
(2) After voters within the district boundaries have approved a
plan under RCW 36.120.070, elections to add areas to the district
boundaries may be called by a resolution of the board, after
consultation with the appropriate 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 shall 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.
However, the district boundaries must continue to be coextensive with
the boundaries of a regional transit authority serving the counties.
Sec. 5 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));
(e) A local option fuel tax under RCW 82.80.120;
(f) An employer excise tax under RCW 81.100.030; and
(g) System-wide or corridor specific 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. 6 RCW 36.120.070 and 2002 c 56 s 107 are each amended to
read as follows:
(1) 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)) proposed
district. 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 initial approval.
(2) In conjunction with RCW 81.112.030(10), the plan must be
submitted to the voters as a common ballot measure along with a
proposition to support additional implementation phases of a regional
transit authority's system and financing plan. The counties shall
follow the ballot measure and election procedures provided in
subsection (1) of this section. However, the plan shall not be
considered approved unless voters also approve the proposition to
support additional implementation phases of a regional transit
authority's system and financing plan.
(3) In addition to submitting a regional transportation investment
plan to the voters, the county legislative authorities shall submit to
the voters for consideration at the 2007 general election a regional
transportation governance proposal to restructure the transportation
funding and operating system within the central Puget Sound region such
that a single point of accountability is established for this purpose.
The electorate must be the voters voting within the boundaries of the
participating counties. Before a regional transportation governance
proposal may be submitted to the voters under this subsection, the
proposal must first be adopted by a regional transportation governance
commission established under section 7 of this act, and then submitted
to the legislature and the governor for consideration during the 2007
regular legislative session in order that appropriate enabling
legislation, if necessary, may be enacted.
NEW SECTION. Sec. 7 A new section is added to chapter 36.120 RCW
to read as follows:
(1) The governor shall appoint a central Puget Sound regional
transportation governance commission of seven voting members, one of
whom must be appointed chair of the commission. 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 public or private 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 region. This evaluation must include an assessment
of the current roles of regional transportation agencies including
regional transportation planning organizations, metropolitan planning
organizations, regional transit authorities, regional transportation
investment districts, county and municipal agencies operating transit
services, cities and counties, and other public agencies providing
transportation services or facilities. The commission shall adopt a
regional transportation governance proposal to be submitted to voters
within the region that:
(a) Consolidates governance among agencies into a single point of
accountability for a transportation funding and operating system within
the central Puget Sound region, 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) Improves coordination in the planning of transportation
investments and services;
(c) Improves investment strategies;
(d) Coordinates transportation planning and investments with
adopted land use policies within the region;
(e) Enhances efficiency and coordination in the delivery of
services provided;
(f) Adjusts boundaries for agencies or functions within the region
to address existing and future transportation and land use issues; and
(g) Improves 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) Each voting member of the commission must be reimbursed for
actual necessary traveling and other expenses in going to, attending,
and returning from meetings of the commission or that are incurred in
the discharge of duties requested by the chair in the same manner as
RCW 43.03.220.
(4) The commission shall submit its proposal to the legislature by
December 1, 2006.
(5) The commission shall conduct public meetings to assure active
public participation in the development of the proposal.
(6) The department of transportation and the regional
transportation planning organization serving the central Puget Sound
region shall provide staff support to the commission and, upon request
of the commission, contract with other parties for staff support to the
commission.
Sec. 8 RCW 36.120.080 and 2002 c 56 s 108 are each amended to
read as follows:
If the voters approve the plan, including creation of a regional
transportation investment district and imposition of taxes and fees,
the district will be declared formed. The county election officials of
participating counties shall, within fifteen days of the final
certification of the election results, publish a notice in a newspaper
or newspapers of general circulation in the district declaring the
district formed, and mail copies of the notice to the governor, the
secretary of transportation, the executive director of the regional
transit authority in which any part of the district is located, and the
executive director of the regional transportation planning organization
in which any part of the district is located. A party challenging the
procedure or the formation of a voter-approved district must file the
challenge in writing by serving the prosecuting attorney of the
participating counties and the attorney general within thirty days
after the final certification of the election. Failure to challenge
within that time forever bars further challenge of the district's valid
formation.
Sec. 9 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) 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) Coordinate its activities with affected cities, towns, and
other local governments, including any regional transit authority
existing either partially or entirely within the district area, that
engage in transportation planning; and
(h) 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)) or operate 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. 10 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 with the approval of the
transportation commission, or its successor, and only for the purposes
authorized in RCW 36.120.050(1)(g), a regional transportation
investment district may authorize vehicle tolls on a state ((routes
where improvements financed in whole or in part by a regional
transportation investment district add additional lanes to, or
reconstruct lanes on, a highway of statewide significance)) or federal
highway within the boundaries of the district. The department shall
administer the collection of vehicle tolls authorized on designated
facilities unless otherwise specified in law, and the state
transportation commission, or its successor, shall be the tolling
authority, setting tolls in amounts sufficient to implement the
regional transportation improvement plan.
NEW SECTION. Sec. 11 A new section is added to chapter 47.56 RCW
to read as follows:
Notwithstanding any provision to the contrary in this chapter, a
regional transportation investment district, pursuant to the authority
provided under RCW 36.120.050 and 47.56.076, may impose vehicle tolls
on either Lake Washington bridge upon approval of a majority of the
voters voting on a regional transportation investment plan ballot
measure within its boundaries.
Sec. 12 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. 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.
(10) The authority may place additional propositions on the ballot
to impose taxes to support additional phases of plan implementation.
A simple majority of the total persons voting on the proposition is
required for initial approval. However, in conjunction with RCW
36.120.070(1), the proposition must be submitted to the voters as a
common ballot measure along with a proposed regional transportation
investment plan, and the proposition shall not be considered approved
unless voters also approve the regional transportation investment plan.
Additional phases of plan implementation must be developed jointly with
any regional transportation investment district existing within the
authority area for improving transportation system performance within
the region through investments in transportation projects and service
delivery. The additional phases of plan implementation must be
consistent with the regional transportation plan adopted by the
regional transportation planning organization serving the authority
area.
(11) 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. 13 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, and may be submitted as part
of the common ballot measure under RCW 81.112.030(10) and
36.120.070(2).
(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.
NEW SECTION. Sec. 14 A new section is added to chapter 81.112
RCW to read as follows:
A regional transit authority shall coordinate its activities with
affected cities, towns, and other local governments, including any
regional transportation investment district, or its planning committee,
existing either partially or entirely within the authority area, that
engage in transportation planning.
Sec. 15 RCW 81.100.060 and 2002 c 56 s 411 are each amended to
read as follows:
A county with a population of one million or more and a county with
a population of from two hundred ten thousand to less than one million
that is adjoining a county with a population of one million or more,
having within their boundaries existing or planned high-occupancy
vehicle lanes on the state highway system, or a regional transportation
investment district ((for capital improvements)), but only to the
extent that the surcharge has not already been imposed by the county,
may, with voter approval, impose a local surcharge of not more than
three-tenths of one percent in the case of a county, or eight-tenths of
one percent in the case of a regional transportation investment
district, of the value on vehicles registered to a person residing
within the county or district and not more than 13.64 percent on the
state sales and use taxes paid under the rate in RCW 82.08.020(2) on
retail car rentals within the county or investment district. A county
may impose the surcharge only to the extent that it has not been
imposed by the district. No surcharge may be imposed on vehicles
licensed under RCW 46.16.070 except vehicles with an unladen weight of
six thousand pounds or less, RCW 46.16.079, 46.16.085, or 46.16.090.
Counties or investment districts imposing a tax under this section
shall contract, before the effective date of the resolution or
ordinance imposing a surcharge, administration and collection to the
state department of licensing, and department of revenue, as
appropriate, which shall deduct an amount, as provided by contract, for
administration and collection expenses incurred by the department. All
administrative provisions in chapters 82.03, 82.32, and 82.44 RCW
shall, insofar as they are applicable to motor vehicle excise taxes, be
applicable to surcharges imposed under this section. All
administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32
RCW shall, insofar as they are applicable to state sales and use taxes,
be applicable to surcharges imposed under this section.
If the tax authorized in RCW 81.100.030 is also imposed, the total
proceeds from tax sources imposed under this section and RCW 81.100.030
each year shall not exceed the maximum amount which could be collected
under this section.
Sec. 16 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, by an investment district for projects contained in a plan
developed under chapter 36.120 RCW, 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)) a county under this chapter shall
be used in addition to, and not as a substitute for, moneys currently
used by the ((agency)) county 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.
Sec. 17 RCW 29A.36.071 and 2004 c 271 s 169 are each amended to
read as follows:
(1) Except as provided to the contrary in RCW 82.14.036, 82.46.021,
or 82.80.090, the ballot title of any referendum filed on an enactment
or portion of an enactment of a local government and any other question
submitted to the voters of a local government consists of three
elements: (a) An identification of the enacting legislative body and
a statement of the subject matter; (b) a concise description of the
measure; and (c) a question. The ballot title must conform with the
requirements and be displayed substantially as provided under RCW
29A.72.050, except that the concise description must not exceed
seventy-five words; however, a concise description submitted on behalf
of a regional transportation investment district may exceed seventy-five words. If the local governmental unit is a city or a town, the
concise statement shall be prepared by the city or town attorney. If
the local governmental unit is a county, the concise statement shall be
prepared by the prosecuting attorney of the county. If the unit is a
unit of local government other than a city, town, or county, the
concise statement shall be prepared by the prosecuting attorney of the
county within which the majority area of the unit is located.
(2) A referendum measure on the enactment of a unit of local
government shall be advertised in the manner provided for nominees for
elective office.
(3) Subsection (1) of this section does not apply if another
provision of law specifies the ballot title for a specific type of
ballot question or proposition.
Sec. 18 RCW 43.79A.040 and 2005 c 424 s 18, 2005 c 402 s 8, 2005
c 215 s 10, and 2005 c 16 s 2 are each reenacted and amended to read as
follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury.
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment
fund, the foster care scholarship endowment fund, the foster care
endowed scholarship trust fund, the students with dependents grant
account, the basic health plan self-insurance reserve account, the
contract harvesting revolving account, the Washington state combined
fund drive account, the commemorative works account, the Washington
international exchange scholarship endowment fund, the developmental
disabilities endowment trust fund, the energy account, the fair fund,
the fruit and vegetable inspection account, the future teachers
conditional scholarship account, the game farm alternative account, the
grain inspection revolving fund, the juvenile accountability incentive
account, the law enforcement officers' and fire fighters' plan 2
expense fund, the local tourism promotion account, the produce railcar
pool account, the regional transportation investment district account,
the rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, the children's
trust fund, the Washington horse racing commission Washington bred
owners' bonus fund account, the Washington horse racing commission
class C purse fund account, the individual development account program
account, the Washington horse racing commission operating account
(earnings from the Washington horse racing commission operating account
must be credited to the Washington horse racing commission class C
purse fund account), and the life sciences discovery fund. However,
the earnings to be distributed shall first be reduced by the allocation
to the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right of way
revolving fund, the advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 19 RCW 43.84.092 and 2005 c 514 s 1105, 2005 c 353 s 3, 2005
c 339 s 22, 2005 c 314 s 109, 2005 c 312 s 7, and 2005 c 94 s 1 are
each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the education legacy trust
account, the election account, the emergency reserve fund, The
Evergreen State College capital projects account, the federal forest
revolving account, the freight mobility investment account, the health
services account, the public health services account, the health system
capacity account, the personal health services account, the state
higher education construction account, the higher education
construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the local leasehold excise tax account, the local real estate
excise tax account, the local sales and use tax account, the medical
aid account, the mobile home park relocation fund, the multimodal
transportation account, the municipal criminal justice assistance
account, the municipal sales and use tax equalization account, the
natural resources deposit account, the oyster reserve land account, the
perpetual surveillance and maintenance account, the public employees'
retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the public facilities
construction loan revolving account beginning July 1, 2004, the public
health supplemental account, the Puyallup tribal settlement account,
the real estate appraiser commission account, ((the regional
transportation investment district account,)) the resource management
cost account, the rural Washington loan fund, the site closure account,
the small city pavement and sidewalk account, the special wildlife
account, the state employees' insurance account, the state employees'
insurance reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts, the
supplemental pension account, the Tacoma Narrows toll bridge account,
the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco
prevention and control account, the tobacco settlement account, the
transportation infrastructure account, the transportation partnership
account, the tuition recovery trust fund, the University of Washington
bond retirement fund, the University of Washington building account,
the volunteer fire fighters' and reserve officers' relief and pension
principal fund, the volunteer fire fighters' and reserve officers'
administrative fund, the Washington fruit express account, the
Washington judicial retirement system account, the Washington law
enforcement officers' and fire fighters' system plan 1 retirement
account, the Washington law enforcement officers' and fire fighters'
system plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
health insurance pool account, the Washington state patrol retirement
account, the Washington State University building account, the
Washington State University bond retirement fund, the water pollution
control revolving fund, and the Western Washington University capital
projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the
permanent common school fund, the scientific permanent fund, and the
state university permanent fund shall be allocated to their respective
beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 20 RCW 43.84.092 and 2005 c 514 s 1106, 2005 c 353 s 4, 2005
c 339 s 23, 2005 c 314 s 110, 2005 c 312 s 8, and 2005 c 94 s 2 are
each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the common school construction fund, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the education legacy trust
account, the election account, the emergency reserve fund, The
Evergreen State College capital projects account, the federal forest
revolving account, the freight mobility investment account, the health
services account, the public health services account, the health system
capacity account, the personal health services account, the state
higher education construction account, the higher education
construction account, the highway infrastructure account, the high-occupancy toll lanes operations account, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the local leasehold excise tax account, the local real estate
excise tax account, the local sales and use tax account, the medical
aid account, the mobile home park relocation fund, the multimodal
transportation account, the municipal criminal justice assistance
account, the municipal sales and use tax equalization account, the
natural resources deposit account, the oyster reserve land account, the
perpetual surveillance and maintenance account, the public employees'
retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the public facilities
construction loan revolving account beginning July 1, 2004, the public
health supplemental account, the public works assistance account, the
Puyallup tribal settlement account, the real estate appraiser
commission account, ((the regional transportation investment district
account,)) the resource management cost account, the rural Washington
loan fund, the site closure account, the small city pavement and
sidewalk account, the special wildlife account, the state employees'
insurance account, the state employees' insurance reserve account, the
state investment board expense account, the state investment board
commingled trust fund accounts, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the transportation infrastructure account, the
transportation partnership account, the tuition recovery trust fund,
the University of Washington bond retirement fund, the University of
Washington building account, the volunteer fire fighters' and reserve
officers' relief and pension principal fund, the volunteer fire
fighters' and reserve officers' administrative fund, the Washington
fruit express account, the Washington judicial retirement system
account, the Washington law enforcement officers' and fire fighters'
system plan 1 retirement account, the Washington law enforcement
officers' and fire fighters' system plan 2 retirement account, the
Washington public safety employees' plan 2 retirement account, the
Washington school employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts. All
earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 21 RCW 36.73.015 and 2005 c 336 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "District" means a transportation benefit district created
under this chapter.
(2) "City" means a city or town.
(3) "Transportation improvement" means a project contained in the
transportation plan of the state or a regional transportation planning
organization ((that is of statewide or regional significance)). A
project may include investment in new or existing highways of statewide
significance, principal arterials of regional significance, high-capacity transportation, public transportation, and other
transportation projects and programs of regional or statewide
significance including transportation demand management. Projects may
also include the operation, preservation, and maintenance of these
facilities or programs. ((Not more than forty percent of the revenues
generated by a district may be expended on city streets, county roads,
existing highways other than highways of statewide significance, and
the creation of a new highway that intersects with a highway of
statewide significance.))
Sec. 22 RCW 36.73.020 and 2005 c 336 s 3 are each amended to read
as follows:
(1) The legislative authority of a county or city may establish a
transportation benefit district within the county or city area or
within the area specified in subsection (2) of this section, for the
purpose of acquiring, constructing, improving, providing, and funding
a transportation improvement within the district that is consistent
with any existing state, regional, and local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels.
The transportation improvements shall be owned by the county of
jurisdiction if located in an unincorporated area, by the city of
jurisdiction if located in an incorporated area, or by the state in
cases where the transportation improvement is or becomes a state
highway. However, if deemed appropriate by the governing body of the
transportation benefit district, a transportation improvement may be
owned by a participating port district or transit district, unless
otherwise prohibited by law. Transportation improvements shall be
administered and maintained as other public streets, roads, highways,
and transportation improvements. To the extent practicable, the
district shall consider the following criteria when selecting
transportation improvements:
(a) Reduced risk of transportation facility failure and improved
safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time; and
(i) Other criteria, as adopted by the governing body.
(2) ((Subject to subsection (6) of this section,)) The district may
include area within more than one county, city, port district, county
transportation authority, or public transportation benefit area, if the
legislative authority of each participating jurisdiction has agreed to
the inclusion as provided in an interlocal agreement adopted pursuant
to chapter 39.34 RCW. ((However, the boundaries of the district shall
include all territory within the boundaries of the participating
jurisdictions comprising the district)) The boundaries of the district
may be less than jurisdiction wide.
(3) The members of the legislative authority proposing to establish
the district, acting ex officio and independently, shall constitute the
governing body of the district: PROVIDED, That where a district
includes area within more than one jurisdiction under subsection (2) of
this section, the district shall be governed under an interlocal
agreement adopted pursuant to chapter 39.34 RCW. However, the
governing body shall be composed of at least five members including at
least one elected official from the legislative authority of each
participating jurisdiction.
(4) The treasurer of the jurisdiction proposing to establish the
district shall act as the ex officio treasurer of the district, unless
an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters
residing within the district.
(((6) The authority under this section, regarding the establishment
of or the participation in a district, shall not apply to:))
(a) Counties with a population greater than one million five
hundred thousand persons and any adjoining counties with a population
greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of this
subsection; and
(c) Other jurisdictions with any area within the counties under (a)
of this subsection.
Sec. 23 RCW 82.14.430 and 2002 c 56 s 405 are each amended to
read as follows:
(1) 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 of up to 0.5 percent of the
selling price or value of the article used in the case of a use tax.
The tax authorized by this section is in addition to the tax authorized
by RCW 82.14.030 and must be collected from those persons who are
taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within the taxing district. Motor
vehicles are exempt from the sales and use tax imposed under this
subsection. Proceeds from the taxes under this section must be used
for projects in a regional transportation investment plan adopted under
chapter 36.120 RCW, which may include passenger-only ferry service.
(2) If approved by the majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation investment
district may impose a tax on the use of a motor vehicle within a
regional transportation investment district. The tax applies to those
persons who reside within the regional transportation investment
district. The rate of the tax may not exceed 0.5 percent of the value
of the motor vehicle. The tax authorized by this subsection is in
addition to the tax authorized under RCW 82.14.030 and must be imposed
and collected at the time a taxable event under RCW 82.08.020(1) or
82.12.020 takes place. All revenue received under this subsection must
be deposited in the local sales and use tax account and distributed to
the regional transportation investment district according to RCW
82.14.050. The following provisions apply to the use tax in this
subsection:
(a) Where persons are taxable under chapter 82.08 RCW, the seller
shall collect the use tax from the buyer using the collection
provisions of RCW 82.08.050.
(b) Where persons are taxable under chapter 82.12 RCW, the use tax
must be collected using the provisions of RCW 82.12.045.
(c) "Motor vehicle" has the meaning provided in RCW 46.04.320, but
does not include farm tractors or farm vehicles as defined in RCW
46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in
RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(d) "Person" has the meaning given in RCW 82.04.030.
(e) The value of a motor vehicle must be determined under RCW
82.12.010.
(f) Except as specifically stated in this subsection (2), chapters
82.12 and 82.32 RCW apply to the use tax. The use tax is a local tax
imposed under the authority of chapter 82.14 RCW, and chapter 82.14 RCW
applies fully to the use tax.
NEW SECTION. Sec. 24 Section 19 of this act expires July 1,
2006.
NEW SECTION. Sec. 25 Section 20 of this act takes effect July 1,
2006.