SSB 5412 -
By Committee on Transportation
ADOPTED 04/10/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds and declares that the
citizens of the state expect clear and concise goals, objectives, and
responsibilities regarding the operation of the statewide
transportation system. Furthermore, the state's citizens expect that
the state periodically receive clear and streamlined information that
measures whether the goals and objectives are being satisfied.
Therefore, it is the intent of the legislature that this act serve to
clarify existing goals, objectives, and responsibilities related to the
operation of an efficient statewide transportation system.
Sec. 2 RCW 47.01.011 and 1977 ex.s. c 151 s 1 are each amended to
read as follows:
The legislature hereby recognizes the following imperative needs
within the state: To create a statewide transportation development
plan which identifies present status and sets goals for the future; to
coordinate transportation modes; to promote and protect land use
programs required in local, state, and federal law; to coordinate
transportation with the economic development of the state; to supply a
broad framework in which regional, metropolitan, and local
transportation needs can be related; to facilitate the supply of
federal and state aid to those areas which will most benefit the state
as a whole; to provide for public involvement in the transportation
planning and development process; to administer programs within the
jurisdiction of this title relating to the safety of the state's
transportation systems; and to coordinate and implement national
transportation policy with the state transportation planning program.
The legislature finds and declares that placing all elements of
transportation in a single department is fully consistent with and
shall in no way impair the use of moneys in the motor vehicle fund
exclusively for highway purposes.
Through this chapter, a unified department of transportation is
created. To the jurisdiction of this department will be transferred
the present powers, duties, and functions of the department of
highways, the highway commission, the toll bridge authority, the
aeronautics commission, and the canal commission, and the
transportation related powers, duties, and functions of the planning
and community affairs agency. The powers, duties, and functions of the
department of transportation must be performed in a manner consistent
with the policy goals set forth in RCW 47.01.012 (as recodified by this
act).
Sec. 3 RCW 47.01.012 and 2002 c 5 s 101 are each amended to read
as follows:
(1) It is the intent of the legislature to establish policy goals
for the planning, operation, performance of, and investment in, the
state's transportation system. The policy goals ((shall consist of,
but not be limited to, the following)) established under this section
are deemed consistent with the benchmark categories((,)) adopted by the
state's blue ribbon commission on transportation on November 30, 2000.
((In addition to improving safety,)) Public investments in
transportation ((shall)) should support achievement of these ((and
other priority)) policy goals:
((No interstate highways, state routes, and local arterials shall
be in poor condition; no bridges shall be structurally deficient, and
safety retrofits shall be performed on those state bridges at the
highest seismic risk levels; traffic congestion on urban state highways
shall be significantly reduced and be no worse than the national mean;
delay per driver shall be significantly reduced and no worse than the
national mean; per capita vehicle miles traveled shall be maintained at
2000 levels; the nonauto share of commuter trips shall be increased in
urban areas; administrative costs as a percentage of transportation
spending shall achieve the most efficient quartile nationally; and the
state's public transit agencies shall achieve the median cost per
vehicle revenue hour of peer transit agencies, adjusting for the
regional cost-of-living.))
(a) Preservation: To maintain, preserve, and extend the life and
utility of prior investments in transportation systems and services;
(b) Safety: To provide for and improve the safety and security of
transportation customers and the transportation system;
(c) Mobility: To improve the predictable movement of goods and
people throughout Washington state;
(d) Environment: To enhance Washington's quality of life through
transportation investments that promote energy conservation, enhance
healthy communities, and protect the environment; and
(e) Stewardship: To continuously improve the quality,
effectiveness, and efficiency of the transportation system.
(2) The powers, duties, and functions of state transportation
agencies must be performed in a manner consistent with the policy goals
set forth in subsection (1) of this section.
(3) These policy goals ((shall)) are intended to be the basis for
((establishment of)) establishing detailed and measurable objectives
and related performance ((benchmarks)) measures.
(4) It is the intent of the legislature that the ((transportation
commission)) office of financial management establish objectives and
performance measures for the department of transportation and other
state agencies with transportation-related responsibilities to ensure
transportation system performance at local, regional, and state
government levels((, and the transportation commission should work with
appropriate government entities to accomplish this)) progresses toward
the attainment of the policy goals set forth in subsection (1) of this
section. The office of financial management shall submit initial
objectives and performance measures to the legislature for its review
and shall provide copies of the same to the commission during the 2008
legislative session. The office of financial management shall submit
objectives and performance measures to the legislature for its review
and shall provide copies of the same to the commission during each
regular session of the legislature during an even-numbered year
thereafter.
(5) This section does not create a private right of action.
Sec. 4 RCW 47.01.071 and 2006 c 334 s 3 are each amended to read
as follows:
The transportation commission shall have the following functions,
powers, and duties:
(1) To propose policies to be adopted by the governor and the
legislature designed to assure the development and maintenance of a
comprehensive and balanced statewide transportation system which will
meet the needs of the people of this state for safe and efficient
transportation services. Wherever appropriate, the policies shall
provide for the use of integrated, intermodal transportation systems
((to implement the social, economic, and environmental policies, goals,
and objectives of the people of the state, and especially to conserve
nonrenewable natural resources including land and energy)). The
policies must be aligned with the goals established in RCW 47.01.012
(as recodified by this act). To this end the commission shall:
(a) Develop transportation policies which are based on the
policies, goals, and objectives expressed and inherent in existing
state laws;
(b) Inventory the adopted policies, goals, and objectives of the
local and area-wide governmental bodies of the state and define the
role of the state, regional, and local governments in determining
transportation policies, in transportation planning, and in
implementing the state transportation plan;
(c) ((Propose a transportation policy for the state;)) Establish a procedure for review and revision of the state
transportation policy and for submission of proposed changes to the
governor and the legislature; and
(d)
(((e) To)) (d) Integrate the statewide transportation plan with the
needs of the elderly and ((handicapped)) persons with disabilities, and
((to)) coordinate federal and state programs directed at assisting
local governments to answer such needs;
(2) To provide for the effective coordination of state
transportation planning with national transportation policy, state and
local land use policies, and local and regional transportation plans
and programs;
(3) In conjunction with the provisions under RCW 47.01.075, to
provide for public involvement in transportation designed to elicit the
public's views both with respect to adequate transportation services
and appropriate means of minimizing adverse social, economic,
environmental, and energy impact of transportation programs;
(4) By December 2010, to prepare a comprehensive and balanced
statewide transportation plan ((which shall be)) consistent with the
state's growth management goals and based on the transportation policy
((adopted by the governor and the legislature,)) goals provided under
RCW 47.01.012 (as recodified by this act) and applicable state and
federal laws. The plan must reflect the priorities of government
developed by the office of financial management and address regional
needs, including multimodal transportation planning. The plan must, at
a minimum: (a) Establish a vision for the development of the statewide
transportation system; (b) identify significant statewide
transportation policy issues; and (c) recommend statewide
transportation policies and strategies to the legislature to fulfill
the requirements of subsection (1) of this section. The plan must be
the product of an ongoing process that involves representatives of
significant transportation interests and the general public from across
the state. Every four years, the plan shall be reviewed and revised,
and submitted to the governor and the house of representatives and
senate standing committees on transportation((, prior to each regular
session of the legislature during an even-numbered year thereafter.
The plan shall be subject to the approval of the legislature in the
biennial transportation budget act)).
The plan shall take into account federal law and regulations
relating to the planning, construction, and operation of transportation
facilities;
(5) By December 2007, the office of financial management shall
submit a baseline report on the progress toward attaining the policy
goals under RCW 47.01.012 (as recodified by this act) in the 2005-2007
fiscal biennium. By October 1, 2008, beginning with the development of
the 2009-2011 biennial transportation budget, and by October 1st
biennially thereafter, the office of financial management shall submit
to the legislature and the governor a report on the progress toward the
attainment by state transportation agencies of the state transportation
policy goals and objectives prescribed by statute, appropriation, and
governor directive. The report must, at a minimum, include the degree
to which state transportation programs have progressed toward the
attainment of the policy goals established under RCW 47.01.012 (as
recodified by this act), as measured by the objectives and performance
measures established by the office of financial management under RCW
47.01.012 (as recodified by this act);
(6) To propose to the governor and the legislature prior to the
convening of each regular session held in an odd-numbered year a
recommended budget for the operations of the commission as required by
RCW 47.01.061;
(((6))) (7) To adopt such rules as may be necessary to carry out
reasonably and properly those functions expressly vested in the
commission by statute;
(((7))) (8) To contract with the office of financial management or
other appropriate state agencies for administrative support, accounting
services, computer services, and other support services necessary to
carry out its other statutory duties;
(((8))) (9) To conduct transportation-related studies and policy
analysis to the extent directed by the legislature or governor in the
biennial transportation budget act, or as otherwise provided in law,
and subject to the availability of amounts appropriated for this
specific purpose; and
(((9))) (10) To exercise such other specific powers and duties as
may be vested in the transportation commission by this or any other
provision of law.
Sec. 5 RCW 47.01.075 and 2006 c 334 s 4 are each amended to read
as follows:
(1) The transportation commission shall provide a public forum for
the development of transportation policy in Washington state to include
coordination with regional transportation planning organizations,
transportation stakeholders, counties, cities, and citizens. ((It may
recommend to the secretary of transportation, the governor, and the
legislature means for obtaining appropriate citizen and professional
involvement in all transportation policy formulation and other matters
related to the powers and duties of the department. It may further
hold hearings and explore ways to improve the mobility of the
citizenry.)) At least every five years, the commission shall convene
regional forums to gather citizen input on transportation issues. The
commission shall consider the input gathered at the forums as it
establishes the statewide transportation plan under RCW 47.01.071(4).
(2) ((Every two years, in coordination with the development of the
state biennial budget, the commission shall prepare the statewide
multimodal transportation progress report and propose to the office of
financial management transportation priorities for the ensuing
biennium. The report must:)) In fulfilling its responsibilities under this section, the
commission may create ad hoc committees or other such committees of
limited duration as necessary.
(a) Consider the citizen input gathered at the forums;
(b) Be developed with the assistance of state transportation-related agencies and organizations;
(c) Be developed with the input from state, local, and regional
jurisdictions, transportation service providers, key transportation
stakeholders, and the office of financial management;
(d) Be considered by the secretary of transportation and other
state transportation-related agencies in preparing proposed agency
budgets and executive request legislation;
(e) Be submitted by the commission to the governor and the
legislature by October 1st of each even-numbered year for consideration
by the governor.
(3)
(((4))) (3) In order to promote a better transportation system, the
commission ((shall)) may offer policy guidance and make recommendations
to the governor and the legislature in key issue areas, including but
not limited to:
(a) Transportation finance;
(b) Preserving, maintaining, and operating the statewide
transportation system;
(c) Transportation infrastructure needs;
(d) Promoting best practices for adoption and use by
transportation-related agencies and programs;
(e) Transportation efficiencies that will improve service delivery
and/or coordination;
(f) Improved planning and coordination among transportation
agencies and providers; and
(g) Use of intelligent transportation systems and other technology-based solutions((; and)).
(h) Reporting of performance against goals, targets, and
benchmarks
NEW SECTION. Sec. 6 A new section is added to chapter 47.01 RCW
to read as follows:
To support achievement of the policy goals described in RCW
47.01.012, the department shall:
(1) Maintain an inventory of the condition of structures and
corridors, and maintain a list of those structures and corridors in
most urgent need of retrofit or rehabilitation;
(2) Develop long-term financing plans that sustainably support
ongoing maintenance and preservation of the transportation
infrastructure;
(3) Balance system safety and convenience through all phases of a
project to accommodate all users of the transportation system,
including vehicles, freight, pedestrians, bicyclists, and transit
users, to safely, reliably, and efficiently provide mobility to people
and goods;
(4) Develop strategies to gradually reduce the per capita vehicle
miles traveled based on consideration of a range of reduction methods
including, but not limited to: Consideration of enhancements to and
expansion of public transportation options; transportation demand
management; bicycle and pedestrian infrastructure; vanpool and carpool
programs; incentive programs; and innovative design approaches;
(5) Utilize efficiency tools, including high-occupancy vehicle and
high-occupancy toll lanes, corridor-specific and systemwide pricing
strategies, active traffic management, commute trip reduction, and
other demand management tools;
(6) Promote integrated multimodal planning, incorporating a variety
of modal approaches; and
(7) Select engineers and architects to design environmentally
sustainable, context-sensitive transportation systems that are
integrated into the communities they serve.
Sec. 7 RCW 47.05.030 and 2006 c 334 s 45 are each amended to read
as follows:
(1) The ((transportation commission)) office of financial
management shall ((develop)) propose a comprehensive ten-year
investment program ((specifying program objectives and performance
measures)) for the preservation and improvement programs defined in
this section, consistent with the policy goals described under RCW
47.01.012 (as recodified by this act). The ((adopted)) proposed ten-year investment program must be forwarded as a recommendation ((to)) by
the ((governor and)) office of financial management to the legislature,
and ((is subject to the approval of the legislature in the biennial
transportation budget act. In the specification of investment program
objectives and performance measures, the transportation commission, in
consultation with the Washington state department of transportation,
shall define and adopt standards for effective programming and
prioritization practices including a needs analysis process. The
analysis process must ensure the identification of problems and
deficiencies, the evaluation of alternative solutions and trade-offs,
and estimations of the costs and benefits of prospective projects. The
investment program)) must be based upon the needs identified in the
((state-owned highway component of the)) statewide ((comprehensive))
transportation plan established under RCW 47.01.071(4).
(((1))) (2) The preservation program consists of those investments
necessary to preserve the existing state highway system and to restore
existing safety features, giving consideration to lowest life cycle
costing. ((The preservation program must require use of the most cost-effective pavement surfaces, considering:)) (3) The improvement program consists of investments needed to
address identified deficiencies on the state highway system to
((
(a) Life-cycle cost analysis;
(b) Traffic volume;
(c) Subgrade soil conditions;
(d) Environmental and weather conditions;
(e) Materials available; and
(f) Construction factors.
The comprehensive ten-year investment program for preservation must
identify projects for two years and an investment plan for the
remaining eight years.
(2)increase mobility, address congestion, and improve safety, support
for the economy, and protection of the environment. The ten-year
investment program for improvements must identify projects for two
years and major deficiencies proposed to be addressed in the ten-year
period giving consideration to relative benefits and life cycle
costing. The transportation commission shall give higher priority for
correcting identified deficiencies on those facilities classified as
facilities of statewide significance as defined in RCW 47.06.140.
Project prioritization must be based primarily upon cost-benefit
analysis, where appropriate)) meet the goals established in RCW
47.01.012 (as recodified by this act).
Sec. 8 RCW 47.05.035 and 2006 c 334 s 46 are each amended to read
as follows:
(1) The department shall use the transportation demand modeling
tools developed under subsection (2) of this section to evaluate
investments based on the best mode or improvement, or mix of modes and
improvements, to meet current and future long-term demand within a
corridor or system for the lowest cost. The end result of these demand
modeling tools is to provide a cost-benefit analysis by which the
department can determine the relative mobility improvement and
congestion relief each mode or improvement under consideration will
provide and the relative investment each mode or improvement under
consideration will need to achieve that relief.
(2) The department will participate in the refinement, enhancement,
and application of existing transportation demand modeling tools to be
used to evaluate investments. This participation and use of
transportation demand modeling tools will be phased in.
(((3) In developing program objectives and performance measures,
the department shall evaluate investment trade-offs between the
preservation and improvement programs. In making these investment
trade-offs, the department shall evaluate, using cost-benefit
techniques, roadway and bridge maintenance activities as compared to
roadway and bridge preservation program activities and adjust those
programs accordingly.))
(4) The department shall allocate the estimated revenue between
preservation and improvement programs giving primary consideration to
the following factors:
(a) The relative needs in each of the programs and the system
performance levels that can be achieved by meeting these needs;
(b) The need to provide adequate funding for preservation to
protect the state's investment in its existing highway system;
(c) The continuity of future transportation development with those
improvements previously programmed; and
(d) The availability of dedicated funds for a specific type of
work.
(5) The department shall consider the findings in this section in
the development of the ten-year investment program.
Sec. 9 RCW 47.06.020 and 1993 c 446 s 2 are each amended to read
as follows:
The specific role of the department in transportation planning
((shall)) must be, consistent with the policy goals described under RCW
47.01.012 (as recodified by this act): (1) Ongoing coordination and
development of statewide transportation policies that guide all
Washington transportation providers; (2) ongoing development of a
statewide multimodal transportation plan that includes both state-owned
and state-interest facilities and services; (3) coordinating the state
high-capacity transportation planning and regional transportation
planning programs; ((and)) (4) conducting special transportation
planning studies that impact state transportation facilities or relate
to transportation facilities and services of statewide significance;
and (5) assisting the transportation commission in the development of
the statewide transportation plan required under RCW 47.01.071(4).
Specific requirements for each of these state transportation planning
components are described in this chapter.
Sec. 10 RCW 47.06.050 and 2002 c 5 s 413 are each amended to read
as follows:
The state-owned facilities component of the statewide multimodal
transportation plan shall consist of:
(1) The state highway system plan, which identifies program and
financing needs and recommends specific and financially realistic
improvements to preserve the structural integrity of the state highway
system, ensure acceptable operating conditions, and provide for
enhanced access to scenic, recreational, and cultural resources. The
state highway system plan shall contain the following elements:
(a) A system preservation element, which shall establish structural
preservation objectives for the state highway system including bridges,
identify current and future structural deficiencies based upon analysis
of current conditions and projected future deterioration, and recommend
program funding levels and specific actions necessary to preserve the
structural integrity of the state highway system consistent with
adopted objectives. Lowest life cycle cost methodologies must be used
in developing a pavement management system. This element shall serve
as the basis for the preservation component of the six-year highway
program and the two-year biennial budget request to the legislature;
(b) A highway maintenance element, establishing service levels for
highway maintenance on state-owned highways ((that meet benchmarks
established by the transportation commission)). The highway
maintenance element must include an estimate of costs for achieving
those service levels over twenty years. This element will serve as the
basis for the maintenance component of the six-year highway program and
the two-year biennial budget request to the legislature;
(c) A capacity and operational improvement element, which shall
establish operational objectives, including safety considerations, for
moving people and goods on the state highway system, identify current
and future capacity, operational, and safety deficiencies, and
recommend program funding levels and specific improvements and
strategies necessary to achieve the operational objectives. In
developing capacity and operational improvement plans the department
shall first assess strategies to enhance the operational efficiency of
the existing system before recommending system expansion. Strategies
to enhance the operational efficiencies include but are not limited to
access management, transportation system management, demand management,
and high-occupancy vehicle facilities. The capacity and operational
improvement element must conform to the state implementation plan for
air quality and be consistent with regional transportation plans
adopted under chapter 47.80 RCW, and shall serve as the basis for the
capacity and operational improvement portions of the six-year highway
program and the two-year biennial budget request to the legislature;
(d) A scenic and recreational highways element, which shall
identify and recommend designation of scenic and recreational highways,
provide for enhanced access to scenic, recreational, and cultural
resources associated with designated routes, and recommend a variety of
management strategies to protect, preserve, and enhance these
resources. The department, affected counties, cities, and towns,
regional transportation planning organizations, and other state or
federal agencies shall jointly develop this element;
(e) A paths and trails element, which shall identify the needs of
nonmotorized transportation modes on the state transportation systems
and provide the basis for the investment of state transportation funds
in paths and trails, including funding provided under chapter 47.30
RCW.
(2) The state ferry system plan, which shall guide capital and
operating investments in the state ferry system. The plan shall
establish service objectives for state ferry routes, forecast travel
demand for the various markets served in the system, develop strategies
for ferry system investment that consider regional and statewide
vehicle and passenger needs, support local land use plans, and assure
that ferry services are fully integrated with other transportation
services. The plan must provide for maintenance of capital assets.
The plan must also provide for preservation of capital assets based on
lowest life cycle cost methodologies. The plan shall assess the role
of private ferries operating under the authority of the utilities and
transportation commission and shall coordinate ferry system capital and
operational plans with these private operations. The ferry system plan
must be consistent with the regional transportation plans for areas
served by the state ferry system, and shall be developed in conjunction
with the ferry advisory committees.
Sec. 11 RCW 47.06.140 and 1998 c 171 s 7 are each amended to read
as follows:
The legislature declares the following transportation facilities
and services to be of statewide significance: Highways of statewide
significance as designated by the legislature under chapter 47.05 RCW,
the interstate highway system, interregional state principal arterials
including ferry connections that serve statewide travel, intercity
passenger rail services, intercity high-speed ground transportation,
major passenger intermodal terminals excluding all airport facilities
and services, the freight railroad system, the Columbia/Snake navigable
river system, marine port facilities and services that are related
solely to marine activities affecting international and interstate
trade, and high-capacity transportation systems serving regions as
defined in RCW 81.104.015. The department, in cooperation with
regional transportation planning organizations, counties, cities,
transit agencies, public ports, private railroad operators, and private
transportation providers, as appropriate, shall plan for improvements
to transportation facilities and services of statewide significance in
the statewide multimodal transportation plan. Improvements to
facilities and services of statewide significance identified in the
statewide multimodal transportation plan, or to highways of statewide
significance designated by the legislature under chapter 47.05 RCW, are
essential state public facilities under RCW 36.70A.200.
The department of transportation, in consultation with local
governments, shall set level of service standards for state highways
and state ferry routes of statewide significance. Although the
department shall consult with local governments when setting level of
service standards, the department retains authority to make final
decisions regarding level of service standards for state highways and
state ferry routes of statewide significance. In establishing level of
service standards for state highways and state ferry routes of
statewide significance, the department shall consider the necessary
balance between providing for the free interjurisdictional movement of
people and goods and the needs of local communities using these
facilities.
Sec. 12 RCW 35.95A.120 and 2003 c 147 s 14 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the city
transportation authority may be dissolved by a vote of the people
residing within the boundaries of the authority if the authority is
faced with significant financial problems. However, the authority may
covenant with holders of its bonds that it may not be dissolved and
shall continue to exist solely for the purpose of continuing to levy
and collect any taxes or assessments levied by it and pledged to the
repayment of debt and to take other actions, including the appointment
of a trustee, as necessary to allow it to repay any remaining debt. No
such debt may be incurred by the authority on a project until thirty
days after a final environmental impact statement on that project has
been issued as required by chapter 43.21C RCW. The amount of the
authority's initial bond issue is limited to the amount of the project
costs in the subsequent two years as documented by a certified engineer
or by submitted bids, plus any reimbursable capital expenses already
incurred at the time of the bond issue. The authority may size the
first bond issue consistent with the internal revenue service five-year
spend down schedule if an independent financial advisor recommends such
an approach is financially advisable. Any referendum petition to
dissolve the city transportation authority must be filed with the city
council and contain provisions for dissolution of the authority.
Within seven days, the city prosecutor must review the validity of the
petition and submit its report to the petitioner and city council. If
the petitioner's claims are deemed valid by the city prosecutor, within
ten days of the petitioner's filing, the city council will confer with
the petitioner concerning the form and style of the petition, issue an
identification number for the petition, and write a ballot title for
the measure. The ballot title must be posed as a question and an
affirmative vote on the measure results in authority retention and a
negative vote on the measure results in the authority's dissolution.
The petitioner will be notified of the identification number and ballot
title within this ten-day period.
After this notification, the petitioner has ninety days in which to
secure on petition forms, the signatures of not less than fifteen
percent of the registered voters in the authority area and to file the
signed petitions with the filing officer. Each petition form must
contain the ballot title and the full text of the measure to be
referred. The filing officer will verify the sufficiency of the
signatures on the petitions. If sufficient valid signatures are
properly submitted, the filing officer shall submit the initiative to
the authority area voters at a general or special election held on one
of the dates provided in RCW ((29.13.010)) 29A.04.321 as determined by
the city council, which election will not take place later than one
hundred twenty days after the signed petition has been filed with the
filing officer.
(2) A city transportation authority is dissolved and terminated if
all of the following events occur before or after the effective date of
this section:
(a) A majority of the qualified electors voting at a regular or
special election determine that new public monorail transportation
facilities must not be built;
(b) The governing body of the authority adopts a resolution and
publishes a notice of the proposed dissolution at least once every week
for three consecutive weeks in a newspaper of general circulation
published in the authority area. The resolution and notice must:
(i) Describe information that must be included in a notice of claim
against the authority including, but not limited to, any claims for
refunds of special motor vehicle excise tax levied under RCW 35.95A.080
and collected by or on behalf of the authority;
(ii) Provide a mailing address where a notice of claim may be sent;
(iii) State the deadline, which must be at least ninety days from
the date of the third publication, by which the authority must receive
a notice of claim; and
(iv) State that a claim will be barred if a notice of claim is not
received by the deadline;
(c) The authority resolves all claims timely made under (b) of this
subsection; and
(d) The governing body adopts a resolution (i) finding that the
conditions of (a) through (c) of this subsection have been met and (ii)
dissolving and terminating the authority.
(3) A claim against a city transportation authority is barred if
(a) a claimant does not deliver a notice of claim to the authority by
the deadline stated in subsection (2)(b)(iii) of this section or (b) a
claimant whose claim was rejected by the authority does not commence a
proceeding to enforce the claim within sixty days from receipt of the
rejection notice. For purposes of this subsection, "claim" includes,
but is not limited to, any right to payment, whether liquidated,
unliquidated, fixed, contingent, matured, unmatured, disputed,
undisputed, legal, equitable, secured, or unsecured, or the right to an
equitable remedy for breach of performance if the breach gives rise to
a right to payment, whether or not the right to an equitable remedy is
fixed, contingent, matured, unmatured, disputed, undisputed, secured,
or unsecured, including, but not limited to, any claim for a refund of
special motor vehicle excise tax levied under RCW 35.95A.080 and
collected by or on behalf of the authority.
(4) The governing body of the authority may transfer any net assets
to one or more other political subdivisions with instructions as to
their use or disposition. The governing body shall authorize this
transfer in the resolution that dissolves and terminates the authority
under subsection (2)(d) of this section.
(5) Upon the dissolution and termination of the authority, the
former officers, directors, employees, and agents of the authority
shall be immune from personal liability in connection with any claims
brought against them arising from or relating to their service to the
authority, and any claim brought against any of them is barred.
(6) Upon satisfaction of the conditions set forth in subsection
(2)(a) and (b) of this section, the terms of all members of the
governing body of the city transportation authority, whether elected or
appointed, who are serving as of the date of the adoption of the
resolution described in subsection (2)(b) of this section, shall be
extended, and incumbent governing body members shall remain in office
until dissolution of the authority, notwithstanding any provision of
any law to the contrary.
NEW SECTION. Sec. 13 The following acts or parts of acts are
each repealed:
(1) RCW 47.01.370 (Review of performance and outcome measures of
transportation-related agencies -- Definition) and 2006 c 334 s 44;
(2) RCW 47.05.051 (Ten-year comprehensive investment program--Priority selection criteria -- Improvement program criteria) and 2006 c
334 s 47, 2005 c 319 s 11, 2002 c 189 s 3, 2002 c 5 s 406, 1998 c 175
s 12, 1993 c 490 s 5, 1987 c 179 s 5, 1979 ex.s. c 122 s 5, & 1975 1st
ex.s. c 143 s 4; and
(3) RCW 47.06.030 (Transportation policy plan) and 1997 c 369 s 8
and 1993 c 446 s 3.
NEW SECTION. Sec. 14 RCW 47.01.012 is recodified as a section in
chapter 47.04 RCW."
Correct the title.
EFFECT: To support achievement of the new policy goals, requires
the Department of Transportation to perform new duties, including the
following: Maintain an inventory of the condition of structures and
corridors in most urgent need of retrofit or rehabilitation; develop
strategies to reduce the per capita vehicle miles traveled; and select
engineers and architects to design environmentally sustainable,
context-sensitive transportation systems. Modifies the stewardship
goal such that the goal is expressed as seeking to continuously improve
the quality, effectiveness, and efficiency of the transportation
system.
Requires that the objectives and performance measures developed by
the Office of Financial Management be submitted to the Legislature for
its review. Requires that the reports on attaining the new policy
goals be submitted by the Office of Financial Management, not the
Transportation Commission.
Provides for the dissolution and termination of a city
transportation authority if certain conditions are met.