SHB 1396 -
By Senator Pflug
NOT ADOPTED 04/10/2007
On page 8, after line 19, insert the following:
"NEW SECTION. Sec. 6 The legislature finds that the replacement
of the Alaskan Way Viaduct and the state route number 520 floating
bridge are the highest priority transportation projects that represent
an immediate threat to public safety and are vital to the economic
strength of the Puget Sound region and the state as a whole. The
legislature also finds that imposing tolls of seven dollars or more on
the Lake Washington bridges would be a barrier to low and moderate-income households in the Puget Sound region and would serve to
discourage free movement of people throughout the region.
NEW SECTION. Sec. 7 A new section is added to chapter 81.112 RCW
to read as follows:
(1) As part of the proposition to support additional implementation
phases of the regional transit authority's system and financing plan
submitted to voters at the 2007 general election under RCW 36.120.070
and 81.112.030(10), the authority shall not fund any planning,
development, or construction that is not described in the sound transit
2 draft package, dated January 11, 2007. In addition, the authority
may not apply any revenues received from the 2007 general election
under RCW 36.120.070 and 81.112.040(10) toward planning, development,
construction, acquisition of right-of-way, or financing of light rail
over Lake Washington. This section is not intended to limit a regional
transit authority's ability to expand light rail beyond the limitation
of this section after November 2007.
(2) Revenues equal to the amount necessary to fund the expansion of
light rail as proposed in the sound transit 2 draft package, dated
January 11, 2007, shall be distributed to a regional transportation
investment district established under chapter 36.120 RCW in accordance
with section 10 of this act.
Sec. 8 RCW 81.104.160 and 2003 c 1 s 6 are each amended to read
as follows:
An agency may impose a sales and use tax solely for the purpose of
providing high capacity transportation service, except as otherwise
provided in section 7 of this act, in addition to the tax authorized by
RCW 82.14.030, upon retail car rentals within the agency's jurisdiction
that are taxable by the state under chapters 82.08 and 82.12 RCW. The
rate of tax shall not exceed 2.172 percent. The base of the tax shall
be the selling price in the case of a sales tax or the rental value of
the vehicle used in the case of a use tax.
Any motor vehicle excise tax previously imposed under the
provisions of RCW 81.104.160(1) shall be repealed, terminated and
expire on December 5, 2002.
Sec. 9 RCW 81.104.170 and 1997 c 450 s 5 are each amended to read
as follows:
(1) Cities that operate transit systems, county transportation
authorities, metropolitan municipal corporations, public transportation
benefit areas, and regional transit authorities may submit an
authorizing proposition to the voters and if approved by a majority of
persons voting, fix and impose a sales and use tax in accordance with
the terms of this chapter, solely for the purpose of providing high
capacity transportation service except as otherwise provided in section
7 of this act.
(2) The tax authorized pursuant to this section shall be in
addition to the tax authorized by RCW 82.14.030 and shall be collected
from those persons who are taxable by the state pursuant to chapters
82.08 and 82.12 RCW upon the occurrence of any taxable event within the
taxing district. The maximum rate of such tax shall be approved by the
voters and shall not exceed one percent of the selling price (in the
case of a sales tax) or value of the article used (in the case of a use
tax). The maximum rate of such tax that may be imposed shall not
exceed nine-tenths of one percent in any county that imposes a tax
under RCW 82.14.340, or within a regional transit authority if any
county within the authority imposes a tax under RCW 82.14.340. The
exemptions in RCW 82.08.820 and 82.12.820 are for the state portion of
the sales and use tax and do not extend to the tax authorized in this
section.
NEW SECTION. Sec. 10 A new section is added to chapter 36.120
RCW to read as follows:
(1) As part of the proposition to support additional implementation
phases of the regional transit authority's system and financing plan
submitted to voters at the 2007 general election under RCW 36.120.070
and 81.112.040(10), funds received under section 7 of this act shall be
allocated to the projects listed below in the amounts described and in
the following order of priority:
(a) One billion one hundred million dollars for a tunnel
replacement option for the Alaskan Way Viaduct that maintains or
exceeds the current capacity.
(i) If a tunnel replacement option is not selected, these funds
shall be used to ensure the completion of the projects listed in (b)
through (e) of this subsection and to fund projects described in
subsection (2) of this section. Any funds that are not necessary to
carry out the purposes of this section shall be returned to the
regional transit authority.
(ii) The district must reallocate these funds in accordance with
subsection (2) of this section if, within one year of passage of the
2007 general election ballot measure approved in RCW 36.120.070 and RCW
81.112.040(10), local jurisdictions have not agreed to contribute seven
hundred fifty million dollars in funds from local sources that may
include, but are not limited to, a local improvement district and a
local utility tax.
(b) Two billion seven hundred million dollars for the improvement
and replacement of the state route number 520 bridge replacement and
HOV project between Interstate 5 and Interstate 405. The district must
include in its ballot measure one billion one hundred million dollars
for the state route number 520 floating bridge. These funds must be
combined with any additional funds appropriated by federal, state, and
local sources to fully fund the state route number 520 bridge
replacement and improvements as designated by the district. The
funding package for the state route number 520 bridge replacement and
HOV project may not include tolling.
(c) Six hundred forty million dollars for the construction of state
route number 167 to the port of Tacoma in addition to any other funds
provided by the plan developed by the regional transportation
investment district.
(d) One hundred thirteen million dollars for the construction of
state route number 704 between Interstate 5 and state route number 7,
in addition to any other funds provided by the plan developed by the
regional transportation investment district.
(e) Ninety-four million dollars for the connection of state route
number 509 and Interstate 5 at Sea-Tac in addition to funds already
provided by the regional transportation investment district.
(2) Funds not necessary for the implementation of the projects in
subsection (1) of this section shall be transferred to sound transit
for the purpose of completing light rail to the Tacoma Dome transit
center.
Sec. 11 RCW 36.120.040 and 2006 c 311 s 6 are each amended to
read as follows:
(1) A regional transportation investment district planning
committee shall 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 of
which a participating county is a member. A regional transportation
planning organization in which a participating county is located 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 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 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,
including district boundaries; 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); 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. Per agreement with a
regional transit authority serving the counties participating in a
district, the equity principle identified under this subsection may
include using the combined district and regional transit authority
revenues generated within a participating county to determine the
distribution that proportionally benefits the county. Modifications
made under section 10 of this act are in compliance with this equity
principle. For purposes of the transportation subarea equity principle
established under this subsection, a district may use the five subareas
within a regional transit authority's boundaries as identified in an
authority's system plan adopted in May 1996. 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 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.
Sec. 12 RCW 36.120.045 and 2006 c 311 s 7 are each amended to
read as follows:
The planning committee must develop and include in the regional
transportation investment plan a funding proposal for the state route
number 520 bridge replacement and HOV project that assures full project
funding for seismic safety and corridor connectivity on state route
number 520 between Interstate 5 and Interstate 405 without assessing
tolls on either state route number 520 or Interstate 90 across Lake
Washington."
Renumber the remaining sections consecutively.
On page 8, beginning on line 24, strike all of section 7 and insert the following:
"NEW SECTION. Sec. 7 Sections 1 through 5 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect immediately."
SHB 1396 -
By Senator Pflug
NOT ADOPTED 04/10/2007
On page 1, line 3 of the title, after "election;" strike the remainder of the title and insert "amending RCW 36.120.070, 81.112.030, 81.104.160, 81.104.170, 36.120.040, and 36.120.045; adding a new section to chapter 29A.36 RCW; adding a new section to chapter 81.112 RCW; adding a new section to chapter 36.120 RCW; creating new sections; and declaring an emergency."