5803-S AMS HAUG S2689.1

SSB 5803  - S AMD130
     By Senators Haugen, Murray

PULLED 03/12/2007

     Strike everything after the enacting clause and insert the following:

"PART I
DECLARATION OF POLICY AND PURPOSE

NEW SECTION.  Sec. 101   FINDINGS AND DECLARATION OF POLICY. The legislature finds that:
     (1) The absence of unified regional transportation governance, planning, funding, and prioritization has resulted in a road and transit system that is inadequate for the current and future needs of the state, particularly in dense urban regions. There is a severe strain on regional transportation systems that is clearly noticeable through several important indicators, including congestion. Continued population and transportation demand growth has created a looming regional transportation crisis caused in part by a history of under funding transportation.
     (2) The existing approach to transportation governance has left the state with a struggle to maintain deteriorating transportation infrastructure, insufficient road and transit capacity, an inconsistent system for planning and funding transportation, insufficient cooperation among transportation jurisdictions, and reduced public confidence in governmental ability to solve transportation problems.
     (3) An overly localized and insufficient focus on regional needs, particularly on large and multijurisdictional projects, have caused costly delays in constructing new transit and highway systems. Regional transportation projects must be effectively prioritized on a unified basis, but this has not occurred because there is no regional governmental entity responsible for prioritizing regional projects across geographic lines and modes.
     (4) There is an inadequate connection between transportation demand, land use planning, and transportation planning, which also causes costly delays in meeting transportation demand. No governmental entity views the systemic needs of the entire region, and prioritization of those needs, as its primary responsibility.
     (5) The lack of transportation demand/capacity management, pricing coordination, mass transit, and coordinated transportation governance is limiting the mobility of both people and goods in the state.
     (6) Most transit systems were initially developed to provide local service, but are now forced to play a large role in regional transportation networks. Effective transportation planning in urbanized regions requires stronger and clearer lines of responsibility and accountability. Integrated, multimodal transportation planning and prioritization will help reduce transportation congestion and improve security and safety, and that streamlined decision making will help reduce political congestion.
     (7) The coordinated planning of, investment in, and operation of transportation systems will have significant benefit to the citizens of Washington, and it is the will of the people to fund regional transportation solutions, including improving transit service in urbanized areas and among multiple transit agencies. Equity considerations must be respected, but transportation problems are broader and deeper than the sum of geographic subareas.
     (8) Our current system of transportation governance delivers inadequate results, and requires fundamental systemic change to meet our state's transportation needs.
     (9) Accordingly, the policy of the state of Washington is to allow the formation of regional transportation commissions as regional transportation governing entities more directly accountable to the public, to coordinate and prioritize regional transportation planning, to fund regional mobility projects, and to develop and facilitate the implementation of integrated regional transportation demand, capacity, pricing, and operating solutions.

PART II
DEFINITIONS

NEW SECTION.  Sec. 201   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Regional transportation commission" or "commission" means a municipal corporation created under this chapter or the governing body of commissioners of the municipal corporation.
     (2) "Component county" means a county included in the jurisdiction of a regional transportation commission.
     (3) "Department" means the department of transportation.
     (4) "Local elected official" means an individual who has been elected to serve as a mayor, executive, councilmember, or commissioner for a county, city, town, or port within a regional transportation commission's geographic area.
     (5) "Mobility project" means:
     (a) The design, financing, construction, operation, and maintenance of a road, street, highway, high-occupancy vehicle lane, ramp, parking facility, vehicle pullout, signal, meter, or other transportation system management improvement or public transportation facility, including equipment; or
     (b) Public transportation, including the transport of passengers, their incidental baggage, and packages, together with the necessary passenger terminals and parking facilities or other properties necessary for passenger and vehicular access to and from these people-moving systems. Public transportation includes, without limitation, buses, vans, trolleys, and rail-based transit. Public transportation does not include personal vehicles, chartered buses, sightseeing buses, taxicabs regulated under chapter 81.72 RCW, or similar means of conveyance, or Washington state ferries.
     (6) "Mobility project of regional significance" means a mobility project that connects or serves two or more counties or that a commission otherwise designates as having major significance to regional transportation. "Mobility project of regional significance" includes all public transportation of a regional transit authority that includes more than one county.
     (7) "Transportation policy board" means a body convened by the commission under section 304 of this act.
     (8) "Public transportation agency" means any municipal corporation, state department or agency, or other entity, instrumentality, or division, or affiliate that owns or operates public transportation. "Public transportation agency" includes, without limitation, regional transit authorities and the department.
     (9) "Regional mobility investment plan" or "plan" means a regional mobility investment plan prepared in accordance with section 305 of this act.

PART III
REGIONAL TRANSPORTATION COMMISSION

NEW SECTION.  Sec. 301   FORMATION AND EXPANSION. (1) A regional transportation commission must be created in an area within the complete boundaries of a county with a population greater than one million five hundred thousand persons and any adjoining counties with a population greater than two hundred thirty thousand persons.
     (2) A regional transportation commission must be created by ordinance of the legislative authorities of the contiguous counties referenced in subsection (1) of this section such that the governing body is fully constituted, and the commission is authorized to exercise the powers granted in section 303 of this act, by January 1, 2009. However, a commission may not be created before January 1, 2008.
     (3) A regional transportation commission is a municipal corporation and possesses all the usual corporate powers as well as all other powers conferred by statute.
     (4) A regional transportation commission is an independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution. However, solely for the purposes of establishing the regional transportation commission's independent taxing authority and the taxing district boundaries, the taxing district shall not include the following geographic area, and the commission shall not impose or authorize any taxes, fees, tolls, or charges within the geographic area:
     (a) Any portion of a county that is located on a peninsula if it is connected to the other portion of the county by a bridge improved under chapter 47.46 RCW; and
     (b) The complete boundaries of a county with a population greater than two hundred thirty thousand, but fewer than five hundred thousand.
     (5) The state and federal regional planning functions prescribed under this act must apply throughout the complete boundaries of all the counties described in subsection (1) of this section.
     (6) A regional transportation commission may be expanded to include the complete boundaries of additional contiguous counties, regardless of population, if the commission and the legislative authority of every county in the proposed expanded commission adopts a resolution authorizing the expanded commission. At least sixty days before adopting a resolution approving expansion, the commission shall adopt policies governing the expansion process and integration of new counties into the existing commission. However, only one regional transportation commission may exist in any county or counties.

NEW SECTION.  Sec. 302   GOVERNANCE. (1) The governing body of a regional transportation commission consists of twelve nonpartisan commissioners.
     (2) Commissioners are apportioned and elected as follows:
     (a) One commissioner appointed by each county executive of the component counties, or by the chair of the component county's legislative authority if the position of county executive is not applicable, and confirmed by the legislative authority of the respective component county. The appointments should include individuals who have experience in regional transportation issues and are experienced in the design, construction, operation, maintenance, or financing of public transportation and mobility projects;
     (b) Eight commissioners apportioned to eight geographical districts and elected on a nonpartisan basis. Each commissioner representing a district must be a registered voter residing within that district. Initial apportionment and establishment of district lines must be determined by the component counties within thirty days of the formation of a regional transportation commission according to the requirements in (c) of this subsection. Subsequent reapportionment and drawing of district lines must be conducted by the Washington state redistricting commission during its decennial redistricting operations under Article II, section 43 of the state Constitution;
     (c) Each district must contain a population, excluding nonresident military personnel, as equal as practicable to the population of any other district. To a reasonable extent, each district must contain contiguous territory, be compact and convenient, and be separated from adjoining districts by natural geographic barriers, artificial barriers, or political subdivision boundaries. However, commissioners may not be apportioned, and districts may not be established, for the geographic area described in section 301(4) (a) and (b) of this act.
     (3) Commissioners shall serve six-year terms of office, except that three of the initially elected commissioners representing a district shall serve a two-year term of office and three of the initially elected commissioners representing a district shall serve four-year terms. The component counties shall designate which districts have commissioners that serve two-year, four-year, and six-year terms. The first election for commissioners must be held at the general election following the formation of a commission, consistent with Title 29A RCW.
     (4) The commissioners shall appoint a chair every three years from among the commission membership.
     (5) Vacancies in appointed positions must be filled by appointment of the county executive representing the county that the vacating appointee represented, and the appointee filling the vacancy shall serve for the remainder of the unexpired term of the respective office. Vacancies in elected positions must be filled by a person approved by a majority of the remaining commissioners, who shall serve on an interim basis until the vacancy is filled at the next general election held more than one hundred eighty days after the date the vacancy is filled, or for the remainder of the unexpired term of the respective office, whichever comes sooner. A person elected to fill a vacancy shall serve for the remainder of the unexpired term of the respective office.
     (6) Commissioners may only be removed for malfeasance or misfeasance in office.

NEW SECTION.  Sec. 303   POWERS AND PURPOSES. A regional transportation commission shall:
     (1) Prepare, adopt, and implement a comprehensive and integrated corridor-based multimodal regional mobility investment plan described under section 305 of this act that plans, prioritizes, and finances improvements to highways, streets, roads, and public transportation that will serve the residents of the region, and amend the plan to meet changed conditions and requirements. In implementing the plan, or exercising its authority under this section, the commission may: Levy, impose, collect, and spend taxes, user fees, tolls, and charges; receive and spend state, federal, and private funds; and lend and grant funds to public transportation agencies, cities, counties, other local governments, and the department for the purposes of planning, designing, constructing, operating, or maintaining mobility projects, including, without limitation, public transportation;
     (2) Consistent with its functions as a regional transportation planning organization under subsection (7) of this section: Conduct comprehensive and integrated corridor-based multimodal transportation planning and prioritization activities that will improve the mobility of people and goods in the region; reduce transportation congestion, improve security and safety; coordinate and integrate transportation and land use planning, including multimodal transportation improvements and strategies that comply with the transportation concurrency requirements under RCW 36.70A.070(6) and 36.70A.108; improve modal connectivity; and generally assist in providing an efficient regional transportation system. The transportation planning and prioritization activities must provide for, wherever feasible, transportation demand/capacity management, pricing coordination, mass transit, and coordinated transportation governance. Corridor planning should include the full range of strategies available that most efficiently move people and goods consistent with the region's land use goals including, without limitation: Demand management tools, such as congestion pricing, parking pricing, and trip reduction incentives; high capacity transit expansion; increased local transit; investments in regionally significant bicycle paths and pedestrian connections; and expanded roadway capacity;
     (3) Establish routes and classes of service, fix rates, tolls, fares, and charges for public transportation services or routes that constitute public transportation of regional significance;
     (4) In consultation with local public transportation agencies operating within the region, establish a program for interconnecting fares, schedules, and transfers on trips using public transportation agencies for public transportation or public transportation routes that constitute public transportation of regional significance, and require the participation of public transportation agencies in that program. In developing the program under this subsection (4), the commission shall develop standards for the coordination of capital investment, service standards, and service coordination of public transportation agencies in the region. The goal of these standards is to maximize coordination within and among systems, use resources more effectively, and enhance services to the public. The standards must also address vanpool coordination, fare policies, and transportation demand management programs;
     (5) Establish a procedure requiring that bond issues, taxes, user fees, tolls, or charges that (a) require voter approval, for mobility projects located within the commission's geographic boundaries and (b) constitute mobility projects of regional significance, be approved by the commission before placing those bond or revenue measures on a ballot for voter approval. Bond issues, property taxes, and excise taxes for mobility projects that do not constitute mobility projects of regional significance shall not require a commission's approval before being placed on the ballot;
     (6) Negotiate with the state and appropriate local jurisdictions to prioritize all state transportation projects within the commission's borders and the order in which state transportation funds for mobility projects within the commission's borders are expended;
     (7) Serve as the regional transportation planning organization under chapter 47.80 RCW for the area within the commission's borders and, if designated or redesignated under federal law, serve as the metropolitan planning organization for the commission's geographic area. A commission has all the powers and responsibilities of a regional transportation planning organization described under chapter 47.80 RCW. The commission is the lead planning agency for planning under chapter 47.80 RCW unless the commission designates another lead agency for a specified project. If a commission is fully constituted and authorized to exercise its powers as prescribed in section 301(2) of this act within a geographic area that includes an existing regional transportation planning organization and metropolitan planning organization, the planning organizations dissolve upon the exercise of the commission's powers, and all the obligations of the planning organizations must be transferred to the commission as successor to the planning organizations. However, the existing metropolitan planning organization dissolves, and its obligations transfer to the commission as the successor entity, only if the commission is designated or redesignated under federal law to serve as the metropolitan planning organization. The regional transportation planning organization's powers and responsibilities may be exercised whether the commission has been designated or redesignated under federal law to serve as the metropolitan planning organization;
     (8) Employ or contract with engineering, legal, financial, or other employees, specialized personnel, or consultants as necessary to accomplish the purposes of the commission;
     (9) Exercise all other powers necessary and appropriate to carry out its responsibilities including, without limitation, the power to sue and be sued, to enter into contracts, and to acquire, own, and transfer real and personal property and property rights by lease, sublease, purchase, or sale. A commission may establish an expert review panel, composed of members with areas of expertise that benefit the commission, to review, analyze, and make recommendations on any aspect of a proposed mobility project of regional significance. A commission may also sell, lease, convey, or otherwise dispose of any real or personal property or property rights no longer necessary or desirable for the conduct of the affairs of the commission. However, unless negotiated and agreed upon by applicable parties, a regional transportation commission may not own, operate, construct, or maintain mobility projects or public transportation assets, but shall contract or otherwise provide for such ownership, operation, construction, or maintenance to be carried out by other public or private entities;
     (10) In accordance with section 306 of this act, determine and establish the tolls and charges for mobility projects of regional significance within the commission's geographic area. Any determination and establishment of tolls and charges for bridges, highways, lanes, roads, and other facilities must be consistent with tolling policies adopted by the transportation commission;
     (11) If approved by the governor and necessary local parties under 23 U.S.C. Sec. 134, be the metropolitan planning organization for the region to promote consistency between transportation improvements and state and local planned growth and economic development patterns;
     (12) Establish an incentives-based process of negotiating cooperative relationships with affected local jurisdictions within the region in order to promote an efficient, comprehensive, and integrated corridor-based multimodal regional transportation system;
     (13) Enter into interlocal agreements or agreements with local governments, the state, or the federal government regarding the establishment, composition, and responsibilities of a transportation policy board under section 304 of this act; and
     (14) Adopt policies and procedures regarding the reimbursement for expenses incurred by commissioners for activities related to their work as commissioners.

NEW SECTION.  Sec. 304   TRANSPORTATION POLICY BOARD. (1) Each commission shall create a transportation policy board to provide a forum for state, regional, and local officials, transportation providers, and private citizens to deliberate issues that affect transportation planning, prioritization, and funding within the commission's boundaries. The commission shall develop procedures governing the transportation policy board's duties, procedures, and formal review of plans and programs.
     (2) The commission, along with local governments, the state, and the federal government as required under section 303(13) of this act, shall jointly determine the composition and responsibilities of the transportation policy board, including any functions necessary to comply with federal law as directed by a federal agency. Members should include local elected officials, representatives of public transportation agencies, the secretary of transportation or his or her designee, representatives of private sector transportation and shipping industries, private citizens, and representatives of major employers within the region. Members of a commission may also be appointed as transportation policy board members, and elected commissioners who serve on a transportation policy board are deemed local elected officials for the purposes of this section.
     (3) The transportation policy board shall formally review and comment on the regional mobility investment plan, the transportation improvement program prepared to comply with applicable federal law, and other transportation planning documents relevant to the region before adoption and implementation by the commission. The transportation policy board shall hold at least one public hearing in each component county before issuing formal comments on a transportation improvement program.
     (4) If required by a federal agency, the commission may provide that a transportation improvement program for federal purposes be approved by the transportation policy board and that the transportation policy board serve as the policy board of a metropolitan planning organization under 23 U.S.C. Sec. 134 and 23 C.F.R. Part 450. However, any transportation improvement program shall not be considered adopted unless it receives final approval from the commission.

NEW SECTION.  Sec. 305   REGIONAL MOBILITY INVESTMENT PLAN. (1)(a) The commission shall prepare a comprehensive and integrated corridor-based multimodal regional mobility investment plan for highways and transit improvements that creates a prioritized list of mobility projects of regional significance, or local mobility projects if applicable under subsection (3) of this section, that will be funded in whole or in part by or through the regional transportation commission, the state, the federal government, or private sources. The plan must also identify which funding sources, as authorized by this chapter, will be levied, imposed, or otherwise authorized to carry out the projects identified in the regional mobility investment plan.
     (b) Projects in the plan must be evaluated against the following criteria:
     (i) Preservation: To maintain, preserve, and extend the life and utility of prior investments in transportation systems and services;
     (ii) Safety: To provide for and improve the safety and security of transportation customers and the transportation system;
     (iii) Mobility: To improve the predictable movement of goods and people throughout the region;
     (iv) Environment: To enhance the region's quality of life through transportation investments that promote energy conservation, enhance healthy communities, and protect the environment; and
     (v) Stewardship: To be effective managers of the regional transportation system.
     (2) An initial plan must be placed on a general election ballot for elector approval. If a majority of the electors voting on the plan vote in favor of it, the commission may implement measures contained in the plan. The ballot title must reference the regional mobility investment plan. However, if a regional transportation commission is fully constituted and authorized to exercise its powers as prescribed in section 301(2) of this act, after voter approval of a ballot measure under RCW 36.120.070, the commission, without the need for additional voter approval, shall adopt the regional transportation investment district voter-approved plan as part of the commission's regional mobility investment plan. The commission may submit subsequent plans for voter approval at general or special elections that the commission determines as appropriate.
     (3) Municipal corporations within a commission's borders, including regional transit authorities, may request that the commission incorporate, in the regional mobility investment plan, any local plans or proposed mobility projects, or both, together with taxes, user fees, tolls, and charges to finance those projects. Voter approval of a regional mobility investment plan that includes local plans or proposed mobility projects, or both, constitutes the necessary voter approval for (a) the local plans and projects and (b) the levy, imposition, or authorization of the local taxes, tolls, charges, and user fees by the municipal corporations. The commission shall establish procedures for the inclusion of local plans, proposed projects, taxes, and user fees in the regional mobility investment plan. The commission may decline to include any local plans, projects, taxes, tolls, charges, or user fees in the regional mobility investment plan.
     (4) After a regional mobility investment plan has received voter approval, a two-thirds majority of the commission may amend any aspect of the plan including, without limitation, the regional project list and prioritization of projects included in the plan, and may redirect the expenditure of taxes, user fees, tolls, and charges. The plan may also be amended in any respect by a majority vote of the electors of the commission, if the amendments are proposed to the electors by a majority of the commission. A local jurisdiction or transit agency shall not redirect taxes or fees approved by voters as part of a regional mobility investment plan without the approval of a two-thirds majority of the commission.
     (5) Before adoption, approval, or amendment of a regional mobility investment plan, the commission shall review any recommendations of the transportation policy board and hold at least one public hearing in each component county to allow citizens, public agencies, freight shippers, providers of freight and public transportation services, representatives of pedestrian walkway and bicycle facility users, representatives for individuals with disabilities, and agencies for safety/security operations a reasonable opportunity to be involved in the transportation planning process.

NEW SECTION.  Sec. 306   TAXES, USER FEES, AND TOLLS. (1) A regional transportation commission may, as part of a regional mobility investment plan, recommend the imposition or authorization of some or all of the following revenue sources, which a regional transportation commission may levy, impose, or authorize if contained in a regional mobility investment plan approved by the electors under section 305 of this act:
     (a) A regional sales and use tax, as specified in RCW 82.14.430, of up to 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, upon the occurrence of any taxable event in the regional transportation commission's boundaries;
     (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 commission's boundaries. 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;
     (e) A local option fuel tax under RCW 82.80.120;
     (f) An employer excise tax under RCW 81.100.030; and
     (g) Vehicle tolls, including corridor tolling, and demand management charges on mobility projects of regional significance including, without limitation, state or federal highways within the boundaries of the commission, if the following conditions are met:
     (i) The regional mobility investment plan must identify the facilities that may be tolled;
     (ii) The tolls must be consistent with tolling policies adopted by the transportation commission; and
     (iii) Unless otherwise specified by law or by contract between a commission and the department, the department shall administer the collection of vehicle rates, tolls, and charges on designated facilities, which must, if required by the department, be compatible with statewide standards and protocols for intermodal and interfacility charges. For purposes of this section, "vehicle tolls" includes vehicle user fees imposed for capacity/demand management including, but not limited to, high-occupancy lane charges, value pricing, and congestion pricing.
     (2) Taxes and vehicle license fees described in this section may not be imposed or authorized without an affirmative vote of the majority of the voters within the boundaries of the regional transportation commission voting on a ballot proposition either as part of the voter approval of a regional mobility investment plan under section 305 of this act or as a separate ballot measure. Vehicle tolls may be imposed or authorized on any project approved by the commission. Revenues from taxes, fees, and tolls may be used only to implement a regional mobility investment plan as set forth in this chapter and to provide for the commission's costs incurred in carrying out its responsibilities under this chapter. A commission may contract with the state department of revenue or other appropriate entities for the administration and collection of any of the taxes, fees, charges, or tolls authorized in this section.
     (3) A commission may impose taxes or fees that are substantially similar to those previously imposed or levied by a regional transit authority within the commission's geographic area under chapter 81.104 RCW, only to the extent that the tax or fee does not exceed the statutory limits prescribed under this section.
     (4) A commission shall not, unless otherwise negotiated and agreed upon by applicable parties, directly spend, or otherwise control, a local jurisdiction's or transit agency's locally imposed funds.
     (5) The taxes, fees, charges, and tolls collected by a commission are not subject to utility, business, and occupation, or other excise taxes imposed by municipal corporations located within the commission's boundaries.

NEW SECTION.  Sec. 307   TREASURER. (1) A regional transportation commission, by resolution, shall designate a person with experience in financial or fiscal matters as treasurer of the commission. The commission may designate the treasurer of any county within which the commission is located to act as its treasurer. The designated treasurer has all of the powers, responsibilities, and duties the county treasurer has related to investing surplus funds. The commission shall require a bond with a surety company authorized to do business in this state in an amount and under the terms and conditions the commission, by resolution, from time to time finds will protect the commission against loss. The commission shall pay the premium on the bond.
     (2) If the treasurer of the commission is also the treasurer of a county, all commission funds must be deposited with a county depository under the same restrictions, contracts, and security as provided for county depositories. If the treasurer of the commission is not the treasurer of a county, all funds must be deposited in a bank or banks that are public depositaries as defined in RCW 39.58.010 and are qualified for insured deposits under any federal deposit insurance act as the commission, by resolution, designates, or funds shall be invested in legal investments for counties.
     (3) The commission may provide and require a reasonable bond of any other person handling money or securities of the commission, but the commission shall pay the premium on the bond.

NEW SECTION.  Sec. 308   PER DIEM COMPENSATION. Each commissioner may receive compensation equal to the salary applicable to a member of the legislative authority of the most populous county within the commission's geographic area. A commissioner may waive all or a portion of his or her compensation under this section during his or her term of office, by a written waiver filed with the regional transportation commission. The compensation provided in this section is in addition to reimbursement for expenses paid to commissioners by the regional transportation commission.

NEW SECTION.  Sec. 309   EMPLOYEES, SALARIES, AND BENEFITS. A regional transportation commission may create and fill positions, fix reasonable wages and salaries, pay costs involved in hiring employees, and establish reasonable benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, and medical, life, accident, or health disability insurance, as approved by the commission.

NEW SECTION.  Sec. 310   EXISTING REGIONAL PLANNING STAFFS. (1) If a commission is fully constituted and authorized to exercise its powers as prescribed in section 301(2) of this act in an area with an existing regional transportation planning organization and metropolitan planning organization, the commission shall, as a successor employer, initially hire all employees of the regional transportation planning organization, and the metropolitan planning organization if the commission has been designated or redesignated to serve as the metropolitan planning organization, to continue employment in substantively similar positions and on terms similar to their prior employment.
     (2) If a commission is formed in an area with an existing regional transit agency, the commission shall, as a successor employer, initially hire all employees of the regional transit agency engaged in long-range planning, including system plans, to continue employment in substantively similar positions and on terms similar to their prior employment.
     (3) This section does not prevent the dismissal of employees that is necessary to meet budget constraints or for other reasons in the ordinary course of business.
     (4) The combined staff indicated under this section shall work cooperatively, and in a coordinated fashion, with the administrative region within the department of transportation established under section 316 of this act. The commission shall establish a negotiated process with the department, and other applicable local planning offices, that ensures the respective agencies are planning for a comprehensive and integrated corridor-based multimodal regional transportation system.

NEW SECTION.  Sec. 311   TRANSIT STUDIES. (1) The commission shall submit to the legislature a report and recommendations regarding whether integrating or combining public transit agencies in the central Puget Sound region would facilitate the implementation of a comprehensive and integrated corridor-based multimodal regional transportation system. The report and recommendations must be submitted no later than eighteen months after formation of the commission.
     (2) The commission shall submit to the legislature a report and recommendations regarding the application of regional transportation governance to waterways and passenger-only ferries in the central Puget Sound region no later than eighteen months after formation of the commission.

Sec. 312   RCW 47.80.020 and 1990 1st ex.s. c 17 s 54 are each amended to read as follows:
     The legislature hereby authorizes creation of regional transportation planning organizations within the state. Each regional transportation planning organization shall be formed through the voluntary association of local governments within a county, or within geographically contiguous counties. Each organization shall:
     (1) Encompass at least one complete county;
     (2) Have a population of at least one hundred thousand, or contain a minimum of three counties; and
     (3) Have as members all counties within the region, and at least sixty percent of the cities and towns within the region representing a minimum of seventy-five percent of the cities' and towns' population.
     The state department of transportation must verify that each regional transportation planning organization conforms with the requirements of this section. If a regional transportation commission serves as the regional transportation planning organization under section 303 of this act, it shall be deemed in conformance with the requirements of this section.
     In urbanized areas, the regional transportation planning organization is the same as the metropolitan planning organization designated for federal transportation planning purposes. If a regional transportation commission serves as the regional transportation planning organization under section 303 of this act and if required by a federal agency, the transportation policy board of the regional transportation commission may, subject to section 304(4) of this act, take approval actions required of metropolitan planning organizations under 23 U.S.C. Sec. 134 and 23 C.F.R. Part 450.

Sec. 313   RCW 47.80.060 and 2005 c 334 s 1 are each amended to read as follows:
     In order to qualify for state planning funds available to regional transportation planning organizations, the regional transportation planning organizations containing any county with a population in excess of one million shall provide voting membership on its executive board to the state transportation commission, the state department of transportation, and the four largest public port districts within the region as determined by gross operating revenues. It shall further assure that at least fifty percent of the county and city local elected officials who serve on the executive board also serve on transit agency boards or on a regional transit authority. This section does not apply to a regional transportation commission that serves as a regional transportation planning organization under section 303 of this act.

Sec. 314   RCW 81.112.080 and 1992 c 101 s 8 are each amended to read as follows:
     An authority shall have the following powers in addition to the general powers granted by this chapter:
     (1) To carry out the planning processes set forth in RCW 81.104.100. If an authority is located in the geographic area of a regional transportation commission created under section 301 of this act, the regional transportation commission shall carry out the planning process set forth in RCW 81.104.100;
     (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within authority boundaries including surface, underground, or overhead railways, tramways, busways, buses, bus sets, entrained and linked buses, ferries, or other means of local transportation except taxis, and including escalators, moving sidewalks, personal rapid transit systems or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger, vehicular, and vessel access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such high capacity transportation systems. When developing specifications for high capacity transportation system operating equipment, an authority shall take into account efforts to establish or sustain a domestic manufacturing capacity for such equipment. The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter. Public transportation facilities and properties which are owned by any city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by an authority only with the consent of the agency owning such facilities. Such agencies are hereby authorized to convey or lease such facilities to an authority or to contract for their joint use on such terms as may be fixed by agreement between the agency and the authority((.
     The facilities and properties of an authority whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings that are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way
));
     (3) To dispose of any real or personal property acquired in connection with any authority function and that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class. When an authority determines that a facility or any part thereof that has been acquired from any public agency without compensation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to such agency;
     (4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service, subject to approval by and coordination with a regional transportation commission under section 303 of this act. Fares or charges may be adjusted or eliminated for any distinguishable class of users.

Sec. 315   RCW 47.56.030 and 2002 c 114 s 19 are each amended to read as follows:
     (1) Except as permitted under chapter 47.46 RCW or sections 301 through 305 of this act:
     (a) The department of transportation shall have full charge of the construction of all toll bridges and other toll facilities including the Washington state ferries, and the operation and maintenance thereof.
     (b) The transportation commission shall determine and establish the tolls and charges thereon, and shall perform all duties and exercise all powers relating to the financing, refinancing, and fiscal management of all toll bridges and other toll facilities including the Washington state ferries, and bonded indebtedness in the manner provided by law.
     (c) The department shall have full charge of design of all toll facilities.
     (d) Except as provided in this section, the department shall proceed with the construction of such toll bridges and other facilities and the approaches thereto by contract in the manner of state highway construction immediately upon there being made available funds for such work and shall prosecute such work to completion as rapidly as practicable. The department is authorized to negotiate contracts for any amount without bid under (d)(i) and (ii) of this subsection:
     (i) Emergency contracts, in order to make repairs to ferries or ferry terminal facilities or removal of such facilities whenever continued use of ferries or ferry terminal facilities constitutes a real or immediate danger to the traveling public or precludes prudent use of such ferries or facilities; and
     (ii) Single source contracts for vessel dry dockings, when there is clearly and legitimately only one available bidder to conduct dry dock-related work for a specific class or classes of vessels. The contracts may be entered into for a single vessel dry docking or for multiple vessel dry dockings for a period not to exceed two years.
     (2) The department shall proceed with the procurement of materials, supplies, services, and equipment needed for the support, maintenance, and use of a ferry, ferry terminal, or other facility operated by Washington state ferries, in accordance with chapter 43.19 RCW except as follows:
     (a) Except as provided in (d) of this subsection, when the secretary of the department of transportation determines in writing that the use of invitation for bid is either not practicable or not advantageous to the state and it may be necessary to make competitive evaluations, including technical or performance evaluations among acceptable proposals to complete the contract award, a contract may be entered into by use of a competitive sealed proposals method, and a formal request for proposals solicitation. Such formal request for proposals solicitation shall include a functional description of the needs and requirements of the state and the significant factors.
     (b) When purchases are made through a formal request for proposals solicitation the contract shall be awarded to the responsible proposer whose competitive sealed proposal is determined in writing to be the most advantageous to the state taking into consideration price and other evaluation factors set forth in the request for proposals. No significant factors may be used in evaluating a proposal that are not specified in the request for proposals. Factors that may be considered in evaluating proposals include but are not limited to: Price; maintainability; reliability; commonality; performance levels; life cycle cost if applicable under this section; cost of transportation or delivery; delivery schedule offered; installation cost; cost of spare parts; availability of parts and service offered; and the following:
     (i) The ability, capacity, and skill of the proposer to perform the contract or provide the service required;
     (ii) The character, integrity, reputation, judgment, experience, and efficiency of the proposer;
     (iii) Whether the proposer can perform the contract within the time specified;
     (iv) The quality of performance of previous contracts or services;
     (v) The previous and existing compliance by the proposer with laws relating to the contract or services;
     (vi) Objective, measurable criteria defined in the request for proposal. These criteria may include but are not limited to items such as discounts, delivery costs, maintenance services costs, installation costs, and transportation costs; and
     (vii) Such other information as may be secured having a bearing on the decision to award the contract.
     (c) When purchases are made through a request for proposal process, proposals received shall be evaluated based on the evaluation factors set forth in the request for proposal. When issuing a request for proposal for the procurement of propulsion equipment or systems that include an engine, the request for proposal must specify the use of a life cycle cost analysis that includes an evaluation of fuel efficiency. When a life cycle cost analysis is used, the life cycle cost of a proposal shall be given at least the same relative importance as the initial price element specified in the request of proposal documents. The department may reject any and all proposals received. If the proposals are not rejected, the award shall be made to the proposer whose proposal is most advantageous to the department, considering price and the other evaluation factors set forth in the request for proposal.
     (d) If the department is procuring large equipment or systems (e.g., electrical, propulsion) needed for the support, maintenance, and use of a ferry operated by Washington state ferries, the department shall proceed with a formal request for proposal solicitation under this subsection (2) without a determination of necessity by the secretary.

NEW SECTION.  Sec. 316   A new section is added to chapter 47.01 RCW to read as follows:
     (1) The secretary shall reorganize the department's existing administrative regions such that one administrative region is dedicated solely to supporting King, Pierce, and Snohomish counties.
     (2) If a regional transportation commission is formed under section 301 of this act, and in accordance with section 310 of this act, the department's administrative region established under this section shall work cooperatively, and in a coordinated fashion, with the planning staff employed by the regional transportation commission. Additionally, the department shall participate in the negotiated planning process provided under section 310 of this act.

Sec. 317   RCW 47.80.040 and 2003 c 351 s 1 are each amended to read as follows:
     Each regional transportation planning organization shall create a transportation policy board. Transportation policy boards shall provide policy advice to the regional transportation planning organization and shall allow representatives of major employers within the region, the department of transportation, transit districts, port districts, and member cities, towns, and counties within the region to participate in policy making. Any members of the house of representatives or the state senate whose districts are wholly or partly within the boundaries of the regional transportation planning organization are considered ex officio, nonvoting policy board members of the regional transportation planning organization. This does not preclude legislators from becoming full-time, voting board members. This section does not apply to a regional transportation commission that serves as a regional transportation planning organization under section 303 of this act.

PART IV
ADDITIONAL TAXING AND TOLLING AUTHORITY

Sec. 401   RCW 82.14.430 and 2006 c 311 s 17 are each amended to read as follows:
     (1) If approved by the majority of the voters within its boundaries voting on the ballot proposition for a regional mobility investment plan or regional transportation investment district, a regional transportation commission or regional transportation investment district may impose a sales and use tax of up to one percent of the selling price or value of the article used in the case of a use tax, if imposed by a regional transportation commission, and up to 0.1 percent of the selling price or value of the article used in the case of a use tax, if imposed by a regional transportation investment district. 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.
     (2) If approved by the majority of the voters within its boundaries voting on the ballot proposition, a regional transportation commission or regional transportation investment district may impose a tax on the use of a motor vehicle within a regional transportation commission or regional transportation investment district. The tax applies to those persons who reside within the regional transportation commission or regional transportation investment district. The rate of the tax may not exceed one percent of the value of the motor vehicle, in the case of a regional transportation commission, or 0.1 percent of the value of the motor vehicle, in the case of a regional transportation investment district. 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.
     (3) In addition to fulfilling the notice requirements under RCW 82.14.055(1), and unless waived by the department, a regional transportation commission or regional transportation investment district shall provide the department of revenue with digital mapping and legal descriptions of areas in which the tax will be collected.
     (4) All revenue received under this section must be deposited in the local sales and use tax account and distributed to the regional transportation commission or regional transportation investment district according to RCW 82.14.050.

Sec. 402   RCW 82.80.010 and 2003 c 350 s 1 are each amended to read as follows:
     (1) For purposes of this section:
     (a) "Distributor" means every person who imports, refines, manufactures, produces, or compounds motor vehicle fuel and special fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells or distributes the fuel into a county;
     (b) "Person" has the same meaning as in RCW 82.04.030.
     (2) Subject to the conditions of this section, any county may levy, by approval of its legislative body and a majority of the registered voters of the county voting on the proposition at a general or special election, additional excise taxes equal to ten percent of the statewide motor vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor vehicle fuel as defined in RCW 82.36.010 and on each gallon of special fuel as defined in RCW 82.38.020 sold within the boundaries of the county. Vehicles paying an annual license fee under RCW 82.38.075 are exempt from the county fuel excise tax. An election held under this section must be held not more than twelve months before the date on which the proposed tax is to be levied. The ballot setting forth the proposition shall state the tax rate that is proposed. The county's authority to levy additional excise taxes under this section includes the incorporated and unincorporated areas of the county. The additional excise taxes are subject to the same exceptions and rights of refund as applicable to other motor vehicle fuel and special fuel excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed tax shall not be levied less than one month from the date the election results are certified by the county election officer. The commencement date for the levy of any tax under this section shall be the first day of January, April, July, or October.
     (3) The local option motor vehicle fuel tax on each gallon of motor vehicle fuel and on each gallon of special fuel is imposed upon the distributor of the fuel.
     (4) A taxable event for the purposes of this section occurs upon the first distribution of the fuel within the boundaries of a county to a retail outlet, bulk fuel user, or ultimate user of the fuel.
     (5) All administrative provisions in chapters 82.01, 82.03, and 82.32 RCW, insofar as they are applicable, apply to local option fuel taxes imposed under this section.
     (6) Before the effective date of the imposition of the fuel taxes under this section, a county shall contract with the department of revenue for the administration and collection of the taxes. The contract must provide that a percentage amount, not to exceed one percent of the taxes imposed under this section, will be deposited into the local tax administration account created in the custody of the state treasurer. The department of revenue may spend money from this account, upon appropriation, for the administration of the local taxes imposed under this section.
     (7) The state treasurer shall distribute monthly to the levying county and cities contained therein the proceeds of the additional excise taxes collected under this section, after the deductions for payments and expenditures as provided in RCW 46.68.090(1) (a) and (b) and under the conditions and limitations provided in RCW 82.80.080.
     (8) The proceeds of the additional excise taxes levied under this section shall be used strictly for transportation purposes in accordance with RCW 82.80.070.
     (9) A county may not levy the tax under this section if they are levying the tax in RCW 82.80.110 or if they are a member of a regional transportation investment district or regional transportation commission levying the tax in RCW 82.80.120.

Sec. 403   RCW 82.80.030 and 2005 c 336 s 24 are each amended to read as follows:
     (1) Subject to the conditions of this section, the legislative authority of a county, city, regional transportation commission created under section 301 of this act, or district may fix and impose a parking tax on all persons engaged in a commercial parking business within its respective jurisdiction. A city or county may impose the tax only to the extent that it has not been imposed by the district, and a district may impose the tax only to the extent that it has not been imposed by a city or county. The jurisdiction of a county, for purposes of this section, includes only the unincorporated area of the county. The jurisdiction of a city or district includes only the area within its boundaries.
     (2) In lieu of the tax in subsection (1) of this section, a city, a county in its unincorporated area, a regional transportation commission, or a district may fix and impose a tax for the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business.
     The city, county, regional transportation commission, or district may provide that:
     (a) The tax is paid by the operator or owner of the motor vehicle;
     (b) The tax applies to all parking for which a fee is paid, whether paid or leased, including parking supplied with a lease of nonresidential space;
     (c) The tax is collected by the operator of the facility and remitted to the city, county, regional transportation commission, or district;
     (d) The tax is a fee per vehicle or is measured by the parking charge;
     (e) The tax rate varies with zoning or location of the facility, the duration of the parking, the time of entry or exit, the type or use of the vehicle, or other reasonable factors; and
     (f) Tax exempt carpools, vehicles with handicapped decals, or government vehicles are exempt from the tax.
     (3) "Commercial parking business" as used in this section, means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged. "Commercial parking lot" means a covered or uncovered area with stalls for the purpose of parking motor vehicles.
     (4) The rate of the tax under subsection (1) of this section may be based either upon gross proceeds or the number of vehicle stalls available for commercial parking use. The rates charged must be uniform for the same class or type of commercial parking business.
     (5) The county, city, regional transportation commission, or district levying the tax provided for in subsection (1) or (2) of this section may provide for its payment on a monthly, quarterly, or annual basis. Each local government may develop by ordinance or resolution rules for administering the tax, including provisions for reporting by commercial parking businesses, collection, and enforcement.
     (6) The proceeds of the commercial parking tax fixed and imposed by a city or county under subsection (1) or (2) of this section shall be used for transportation purposes in accordance with RCW 82.80.070 or for transportation improvements in accordance with chapter 36.73 RCW. The proceeds of the parking tax imposed by a district must be used as provided in chapter 36.120 RCW. The proceeds of the parking tax imposed by a regional transportation commission must be used to implement a regional mobility investment plan described under section 305 of this act.

Sec. 404   RCW 82.80.100 and 2002 c 56 s 408 are each amended to read as follows:
     (1) Upon approval of a majority of the voters within its boundaries voting on the ballot proposition for a regional mobility investment plan or regional transportation investment district, a regional transportation commission or regional transportation investment district may set and impose an annual local option vehicle license fee, or a schedule of fees based upon the age of the vehicle, of up to one hundred dollars per motor vehicle registered within the boundaries of the ((region)) commission or district on every motor vehicle. As used in this section "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. Vehicles registered under chapter 46.87 RCW and the international registration plan are exempt from the annual local option vehicle license fee set forth in this section. The department of licensing shall administer and collect this fee on behalf of regional transportation commissions or regional transportation investment districts and remit this fee to the custody of the state treasurer for monthly distribution under RCW 82.80.080.
     (2) The local option vehicle license fee applies only when renewing a vehicle registration, and is effective upon the registration renewal date as provided by the department of licensing.
     (3) A regional transportation commission or regional transportation investment district imposing the local option vehicle license fee or initiating an exemption process shall enter into a contract with the department of licensing. The contract must contain provisions that fully recover the costs to the department of licensing for collection and administration of the fee.
     (4) A regional transportation commission or regional transportation investment district imposing the local option fee shall delay the effective date of the local option vehicle license fee imposed by this section at least six months from the date of the final certification of the approval election to allow the department of licensing to implement the administration and collection of or exemption from the fee.

Sec. 405   RCW 82.80.110 and 2003 c 350 s 2 are each amended to read as follows:
     (1) For purposes of this section:
     (a) "Distributor" means every person who imports, refines, manufactures, produces, or compounds motor vehicle fuel and special fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells or distributes the fuel into a county;
     (b) "Person" has the same meaning as in RCW 82.04.030.
     (2) For purposes of dedication to a regional transportation investment district plan under chapter 36.120 RCW, subject to the conditions of this section, a county may levy additional excise taxes equal to ten percent of the statewide motor vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor vehicle fuel as defined in RCW 82.36.010 and on each gallon of special fuel as defined in RCW 82.38.020 sold within the boundaries of the county. The additional excise tax is subject to the approval of the county's legislative body and a majority of the registered voters of the county voting on the proposition at a general or special election. An election held under this section must be held not more than twelve months before the date on which the proposed tax is to be levied. The ballot setting forth the proposition must state that the revenues from the tax will be used for a regional transportation investment district plan. The county's authority to levy additional excise taxes under this section includes the incorporated and unincorporated areas of the county. Vehicles paying an annual license fee under RCW 82.38.075 are exempt from the county fuel excise tax. The additional excise taxes are subject to the same exceptions and rights of refund as applicable to other motor vehicle fuel and special fuel excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed tax may not be levied less than one month from the date the election results are certified by the county election officer. The commencement date for the levy of any tax under this section will be the first day of January, April, July, or October.
     (3) The local option motor vehicle fuel tax on each gallon of motor vehicle fuel and on each gallon of special fuel is imposed upon the distributor of the fuel.
     (4) A taxable event for the purposes of this section occurs upon the first distribution of the fuel within the boundaries of a county to a retail outlet, bulk fuel user, or ultimate user of the fuel.
     (5) All administrative provisions in chapters 82.01, 82.03, and 82.32 RCW, insofar as they are applicable, apply to local option fuel taxes imposed under this section.
     (6) Before the effective date of the imposition of the fuel taxes under this section, a county shall contract with the department of revenue for the administration and collection of the taxes. The contract must provide that a percentage amount, not to exceed one percent of the taxes imposed under this section, will be deposited into the local tax administration account created in the custody of the state treasurer. The department of revenue may spend money from this account, upon appropriation, for the administration of the local taxes imposed under this section.
     (7) The state treasurer shall distribute monthly to the county levying the tax as part of a regional transportation investment plan, after the deductions for payments and expenditures as provided in RCW 46.68.090(1) (a) and (b).
     (8) The proceeds of the additional taxes levied by a county in this section, to be used as a part of a regional transportation investment plan, must be used in accordance with chapter 36.120 RCW, but only for those areas that are considered "highway purposes" as that term is construed in Article II, section 40 of the state Constitution.
     (9) A county may not levy the tax under this section if they are a member of a regional transportation investment district or regional transportation commission that is levying the tax in RCW 82.80.120 or the county is levying the tax in RCW 82.80.010.

Sec. 406   RCW 82.80.120 and 2006 c 311 s 18 are each amended to read as follows:
     (1) For purposes of this section:
     (a) "Distributor" means every person who imports, refines, manufactures, produces, or compounds motor vehicle fuel and special fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells or distributes the fuel into a county;
     (b) "Person" has the same meaning as in RCW 82.04.030;
     (c) "District" means a regional transportation investment district under chapter 36.120 RCW;
     (d) "Commission" means a regional transportation commission as defined in section 201 of this act
.
     (2) A commission under chapter 36.-- RCW (as created in section 805 of this act) or regional transportation investment district under chapter 36.120 RCW, subject to the conditions of this section, may levy additional excise taxes equal to ten percent of the statewide motor vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor vehicle fuel as defined in RCW 82.36.010 and on each gallon of special fuel as defined in RCW 82.38.020 sold within the boundaries of the commission or district. The additional excise tax is subject to the approval of a majority of the voters within the commission or district boundaries. Vehicles paying an annual license fee under RCW 82.38.075 are exempt from the commission or district's fuel excise tax. The additional excise taxes are subject to the same exceptions and rights of refund as applicable to other motor vehicle fuel and special fuel excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed tax may not be levied less than one month from the date the election results are certified. The commencement date for the levy of any tax under this section will be the first day of January, April, July, or October.
     (3) The local option motor vehicle fuel tax on each gallon of motor vehicle fuel and on each gallon of special fuel is imposed upon the distributor of the fuel.
     (4) A taxable event for the purposes of this section occurs upon the first distribution of the fuel within the boundaries of the commission or district to a retail outlet, bulk fuel user, or ultimate user of the fuel.
     (5) All administrative provisions in chapters 82.01, 82.03, and 82.32 RCW, insofar as they are applicable, apply to local option fuel taxes imposed under this section.
     (6) Before the effective date of the imposition of the fuel taxes under this section, a commission or district shall contract with the department of ((licensing)) revenue for the administration and collection of the taxes. The contract must provide that a percentage amount, not to exceed one percent of the taxes imposed under this section, will be deposited into the local tax administration account created in the custody of the state treasurer. The department of ((licensing)) revenue may spend money from this account, upon appropriation, for the administration of the local taxes imposed under this section.
     (7) The state treasurer shall distribute monthly to the commission or district levying the tax as part of the regional mobility investment plan or regional transportation investment district plan, after the deductions for payments and expenditures as provided in RCW 46.68.090(1) (a) and (b).
     (8) The proceeds of the additional taxes levied by a commission or district in this section, to be used as a part of a regional mobility investment plan or regional transportation investment district plan, must be used in accordance with chapter 36.-- RCW (as created in section 805 of this act), or chapter 36.120 RCW, respectively, but only for those areas that are considered "highway purposes" as that term is construed in Article II, section 40 of the state Constitution.
     (9) A district or commission may only levy the tax under this section if the district or commission is comprised of boundaries identical to the boundaries of a county or counties. A district or commission may not levy the tax in this section if a member county is levying the tax in RCW 82.80.010 or 82.80.110.

Sec. 407   RCW 81.100.030 and 2002 c 56 s 410 are each amended to read as follows:
     (1) A county with a population of one million or more, or 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, and having within its boundaries existing or planned high-occupancy vehicle lanes on the state highway system, a regional transportation commission, or a regional transportation investment district for capital improvements, ((but only to the extent that the tax has not already been imposed by the county,)) may, with voter approval impose an excise tax of up to two dollars per employee per month on all employers or any class or classes of employers, public and private, including the state located in the agency's jurisdiction, measured by the number of full-time equivalent employees. In no event may the total taxes imposed under this section exceed two dollars per employee per month for any single employer. The county, regional transportation commission, or investment district imposing the tax authorized in this section may provide for exemptions from the tax to such educational, cultural, health, charitable, or religious organizations as it deems appropriate.
     Counties, regional transportation commissions, or investment districts may contract with the state department of revenue or other appropriate entities for administration and collection of the tax. Such contract shall provide for deduction of an amount for administration and collection expenses.
     (2) The tax shall not apply to employment of a person when the employer has paid for at least half of the cost of a transit pass issued by a transit agency for that employee, valid for the period for which the tax would otherwise be owed.
     (3) A county, regional transportation commission, or investment district shall adopt rules that exempt from all or a portion of the tax any employer that has entered into an agreement with the county, regional transportation commission, or investment district that is designed to reduce the proportion of employees who drive in single-occupant vehicles during peak commuting periods in proportion to the degree that the agreement is designed to meet the goals for the employer's location adopted under RCW 81.100.040.
     The agreement shall include a list of specific actions that the employer will undertake to be entitled to the exemption. Employers having an exemption from all or part of the tax through this subsection shall annually certify to the county, regional transportation commission, or investment district that the employer is fulfilling the terms of the agreement. The exemption continues as long as the employer is in compliance with the agreement.
     ((If the tax authorized in RCW 81.100.060 is also imposed, the total proceeds from both tax sources each year shall not exceed the maximum amount which could be collected under RCW 81.100.060.))

Sec. 408   RCW 81.100.060 and 2006 c 318 s 2 and 2006 c 311 s 15 are each reenacted and amended to read as follows:
     (1) 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, a regional transportation commission, or a regional transportation investment district, ((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 commission or regional transportation investment district, of the value on vehicles registered to a person residing within the county, regional transportation commission, or investment 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, regional transportation commission, or investment district. A county may impose the surcharge only to the extent that it has not been imposed by the regional transportation commission or investment 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.
     (2) Counties, regional transportation commissions, or investment districts imposing a surcharge 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 a percentage amount, as provided by contract, not to exceed two percent of the taxes, for administration and collection expenses incurred by the department.
     (3) 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.
     (4) If a surcharge, authorized under this section, is first imposed before June 7, 2006, a
ll 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 such 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. A surcharge imposed under this section, or a change to the))
     (5) If a surcharge, authorized under this section, is first imposed on or after June 7, 2006:
     (a) Motor vehicles subject to such surcharge shall be administered in accordance with chapter 318, Laws of 2006; and
     (b) The surcharge or a change to the surcharge
shall take effect no sooner than seventy-five days after the department of licensing or the department of revenue receives notice of the surcharge or change to the surcharge, and shall take effect only on the first day of January, April, July, or October. Unless waived by the department of licensing or the department of revenue, notice includes providing the appropriate department with digital mapping and legal descriptions of areas in which the ((tax)) surcharge will be collected.
     ((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. 409   RCW 47.56.075 and 2002 c 56 s 404 are each amended to read as follows:
     The department shall approve for construction only such toll roads as the legislature specifically authorizes or such toll facilities as are specifically sponsored by a regional transportation investment district, regional transportation commission, city, town, or county.

Sec. 410   RCW 82.32.470 and 2002 c 56 s 407 are each amended to read as follows:
     (1) The tax imposed and collected under chapters 82.08 and 82.12 RCW, less any credits allowed under chapter 82.14 RCW, on initial construction for a transportation project to be constructed under chapter 36.120 RCW, or for a mobility project of regional significance to be constructed under chapter 36.-- RCW (as created in section 805 of this act), must be transferred to the transportation project or the mobility project of regional significance to defray costs or pay debt service on that ((transportation)) project. In the case of a toll project, this transfer or credit must be used to lower the overall cost of the project and thereby the corresponding tolls.
     (2) This transaction is exempt from the requirements in RCW 43.135.035(4).
     (3) Government entities constructing transportation projects under chapter 36.120 RCW, or mobility projects of regional significance under chapter 36.-- RCW (as created in section 805 of this act), shall report to the department the amount of state sales or use tax covered under this section.

Sec. 411   RCW 82.14.050 and 2005 c 336 s 20 are each amended to read as follows:
     The counties, cities, and transportation authorities under RCW 82.14.045, public facilities districts under chapters 36.100 and 35.57 RCW, public transportation benefit areas under RCW 82.14.440, regional transportation commissions, regional transportation investment districts, and transportation benefit districts under chapter 36.73 RCW shall contract, prior to the effective date of a resolution or ordinance imposing a sales and use tax, the administration and collection to the state department of revenue, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes collected for administration and collection expenses incurred by the department. The remainder of any portion of any tax authorized by this chapter that is collected by the department of revenue shall be deposited by the state department of revenue in the local sales and use tax account hereby created in the state treasury. Moneys in the local sales and use tax account may be spent only for distribution to counties, cities, transportation authorities, public facilities districts, public transportation benefit areas, regional transportation commissions, regional transportation investment districts, and transportation benefit districts imposing a sales and use tax. All administrative provisions in chapters 82.03, 82.08, 82.12, and 82.32 RCW, as they now exist or may hereafter be amended, shall, insofar as they are applicable to state sales and use taxes, be applicable to taxes imposed pursuant to this chapter. Counties, cities, transportation authorities, public facilities districts, regional transportation commissions, and regional transportation investment districts may not conduct independent sales or use tax audits of sellers registered under the streamlined sales tax agreement. Except as provided in RCW 43.08.190, all earnings of investments of balances in the local sales and use tax account shall be credited to the local sales and use tax account and distributed to the counties, cities, transportation authorities, public facilities districts, public transportation benefit areas, regional transportation commissions, regional transportation investment districts, and transportation benefit districts monthly.

Sec. 412   RCW 82.80.080 and 2002 c 56 s 414 are each amended to read as follows:
     (1) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 ((and 82.80.020)), levied by counties to the levying counties, and cities contained in those counties, based on the relative per capita population. County population for purposes of this section is equal to one and one-half of the unincorporated population of the county. In calculating the distributions, the state treasurer shall use the population estimates prepared by the state office of financial management and shall further calculate the distribution based on information supplied by the departments of licensing and revenue, as appropriate.
     (2) The state treasurer shall distribute revenues, less authorized deductions, generated by the local option taxes authorized in RCW 82.80.010 ((and 82.80.020)) levied by qualifying cities and towns to the levying cities and towns.
     (3) The state treasurer shall distribute to the district or regional transportation commission, as appropriate, revenues, less authorized deductions, generated by the local option taxes under RCW 82.80.010 or fees under RCW 82.80.100 levied by a district or regional transportation commission.

PART V
AUTHORITY TO ISSUE BONDS

NEW SECTION.  Sec. 501   COMMISSION TO ISSUE GENERAL OBLIGATION BONDS. In addition to any other authority provided by law, and subject to applicable constitutional limitations, a regional transportation commission may issue general obligation bonds or other evidences of indebtedness for public transportation and mobility project capital purposes. However, the general indebtedness incurred under this section when considered together with all the other outstanding general indebtedness of the regional transportation commission shall not exceed one and one-half percent of taxable property within its boundaries without the approval of three-fifths of the voters therein voting at an election held for that purpose, and in cases requiring such approval, not exceeding a total of five percent of taxable property within its boundaries. The bonds shall be issued and sold in accordance with chapter 39.46 RCW, and may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
     Any regional transportation commission may pledge any portion of any taxes and any tolls, charges, or user taxes authorized to be levied or imposed by the commission for the payment or security of the principal of and interest on any bonds issued for authorized public transportation purposes.

NEW SECTION.  Sec. 502   (1) The commission may at any time borrow money for public transportation and mobility project capital purposes and may issue revenue bonds or other evidences of indebtedness, secured by the pledge of one or more of the taxes, tolls, charges, or user fees authorized to be imposed by the commission. These obligations shall be issued and sold in accordance with chapter 39.46 RCW.
     (2) The commission may enter into agreements with public transportation agencies, counties, cities, or the state of Washington, when authorized by the plan, to pledge taxes or other revenues of the commission for the purpose of paying in part or whole principal and interest on bonds issued by any public transportation agency, county, city, or by the state of Washington. The agreements pledging revenues and taxes shall be binding for their terms, but not to exceed forty years, and no tax pledged by an agreement may be eliminated or modified if it would impair the pledge made in any agreement.

PART VI
RTC AND RTID MUTUALLY EXCLUSIVE

NEW SECTION.  Sec. 601   If a regional transportation commission, created under section 301 of this act, is fully constituted and authorized to exercise its powers as prescribed in section 301(2) of this act within a geographic area that includes an existing regional transportation investment district, that district dissolves upon the exercise of the commission's powers, and all the obligations of the district and governing board must be transferred to the regional transportation commission as successor to the district. Additionally, the commission, without the need for additional voter approval, shall adopt the regional transportation investment district voter-approved plan as part of the commission's regional mobility investment plan.

PART VII
2007 RTA BALLOT MEASURES

Sec. 701   RCW 81.112.030 and 2006 c 311 s 12 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/high capacity transit service integration, ensure fare integration, and ensure avoidance of parallel competitive services. The authority shall also conduct a minimum thirty-day public comment period.
     (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. Beginning no sooner than the 2007 general election, the authority may place additional propositions on the ballot to impose taxes to support additional phases of plan implementation.
     (10) In conjunction with RCW 36.120.070, at the 2007 general election the authority shall submit a proposition to support additional implementation phases of the authority's system and financing plan on the same ballot along with a regional transportation investment plan developed under chapter 36.120 RCW. The proposition shall not be considered approved unless voters also approve the regional transportation investment plan.
     (11) A regional transit authority shall submit additional phases of plan implementation ((may include a transportation subarea equity element which (a) identifies the combined authority and regional transportation investment district revenues anticipated to be generated by corridor and by county within the authority's boundaries, and (b) identifies the degree to which the combined authority and regional transportation investment district revenues generated within each county will benefit the residents of that county, and identifies when such benefits will accrue. For purposes of the transportation subarea equity principle established under this subsection, the authority may use the five subareas within the authority's boundaries as identified in the authority's system plan adopted in May 1996)) to the regional transportation commission, if fully constituted and authorized to exercise its powers as prescribed in section 301(2) of this act within the authority's geographic area, for inclusion in the regional mobility investment plan for voter approval under section 305(2) of this act.
     (12) 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.

PART VIII
MISCELLANEOUS

NEW SECTION.  Sec. 801   The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective January 1, 2008, only if a regional transportation investment district has not been formed under chapter 36.120 RCW by January 1, 2008, or effective January 1, 2009, if a regional transportation investment district has been formed by January 1, 2008:
     (1) RCW 36.120.010 (Findings) and 2002 c 56 s 101;
     (2) RCW 36.120.020 (Definitions) and 2006 c 334 s 13, 2006 c 311 s 4, & 2002 c 56 s 102;
     (3) RCW 36.120.030 (Planning committee -- Formation) and 2006 c 311 s 5 & 2002 c 56 s 103;
     (4) RCW 36.120.040 (Planning committee -- Duties) and 2006 c 311 s 6, 2003 c 194 s 1, & 2002 c 56 s 104;
     (5) RCW 36.120.045 (Planning committee -- State route No. 520 improvements) and 2006 c 311 s 7;
     (6) RCW 36.120.050 (Planning committee -- Taxes, fees, and tolls) and 2006 c 311 s 13, 2003 c 350 s 4, & 2002 c 56 s 105;
     (7) RCW 36.120.060 (Project selection -- Performance criteria) and 2002 c 56 s 106;
     (8) RCW 36.120.070 (Submission of ballot measures to the voters) and 2006 c 311 s 8 & 2002 c 56 s 107;
     (9) RCW 36.120.080 (Formation -- Certification) and 2006 c 311 s 10 & 2002 c 56 s 108;
     (10) RCW 36.120.090 (Governing board -- Composition) and 2002 c 56 s 109;
     (11) RCW 36.120.100 (Governing board -- Organization) and 2002 c 56 s 110;
     (12) RCW 36.120.110 (Governing board -- Powers and duties -- Intent) and 2006 c 311 s 11 & 2002 c 56 s 111;
     (13) RCW 36.120.120 (Treasurer) and 2002 c 56 s 112;
     (14) RCW 36.120.130 (Indebtedness -- Bonds -- Limitation) and 2003 c 372 s 1 & 2002 c 56 s 113;
     (15) RCW 36.120.140 (Transportation project or plan modification--Accountability) and 2003 c 194 s 2 & 2002 c 56 s 114;
     (16) RCW 36.120.150 (Department of transportation -- Role) and 2002 c 56 s 115;
     (17) RCW 36.120.160 (Ownership of improvements) and 2002 c 56 s 116;
     (18) RCW 36.120.170 (Dissolution of district) and 2002 c 56 s 117;
     (19) RCW 36.120.180 (Findings -- Regional models -- Grants) and 2002 c 56 s 118;
     (20) RCW 36.120.190 (Joint ballot measure) and 2002 c 56 s 201;
     (21) RCW 36.120.200 (Regional transportation investment district account) and 2002 c 56 s 401;
     (22) RCW 36.120.210 (Advisory ballot for Alaskan Way viaduct improvements -- Preferred alternative for Alaskan Way viaduct and Seattle Seawall improvements) and 2006 c 311 s 29;
     (23) RCW 36.120.900 (Captions and subheadings not law -- 2002 c 56) and 2002 c 56 s 501; and
     (24) RCW 36.120.901 (Severability -- 2002 c 56) and 2002 c 56 s 503.

NEW SECTION.  Sec. 802   RCW 82.44.135 (Local government must contract with department of licensing) and 2006 c 318 s 9 are each repealed.

NEW SECTION.  Sec. 803   APPLICABILITY OF PUBLIC LAWS. A regional transportation commission, its officers, and the governing body of commissioners, created under this act, are subject to the general laws regulating local governments and local governmental officials including, but not limited to, applicable requirements under chapters 42.17, 42.23, 42.30, 42.41, and 43.09 RCW.

NEW SECTION.  Sec. 804   Part headings and captions used in this act are not any part of the law.

NEW SECTION.  Sec. 805   Sections 101, 201, 301 through 310, 501, 502, and 601 of this act constitute a new chapter in Title 36 RCW.

NEW SECTION.  Sec. 806   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 807   This act shall be liberally construed to effect the policies and purposes of this act."

SSB 5803  - S AMD
     By Senators Haugen, Murray

PULLED 03/12/2007

     On page 1, line 2 of the title, after "commissions;" strike the remainder of the title and insert "amending RCW 47.80.020, 47.80.060, 81.112.080, 47.56.030, 47.80.040, 82.14.430, 82.80.010, 82.80.030, 82.80.100, 82.80.110, 82.80.120, 81.100.030, 47.56.075, 82.32.470, 82.14.050, 82.80.080, and 81.112.030; reenacting and amending RCW 81.100.060; adding a new section to chapter 47.01 RCW; adding a new chapter to Title 36 RCW; creating new sections; repealing RCW 36.120.010, 36.120.020, 36.120.030, 36.120.040, 36.120.045, 36.120.050, 36.120.060, 36.120.070, 36.120.080, 36.120.090, 36.120.100, 36.120.110, 36.120.120, 36.120.130, 36.120.140, 36.120.150, 36.120.160, 36.120.170, 36.120.180, 36.120.190, 36.120.200, 36.120.210, 36.120.900, 36.120.901, and 82.44.135; and providing an effective date."

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