BILL REQ. #:  S-0772.1 



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SENATE BILL 5412
_____________________________________________
State of Washington60th Legislature2007 Regular Session

By Senators Murray, Swecker, Marr, Clements and Haugen

Read first time 01/18/2007.   Referred to Committee on Transportation.



     AN ACT Relating to realigning goals and objectives of certain transportation agencies; amending RCW 47.01.011, 47.01.012, 47.01.071, 47.01.075, 47.01.330, 47.05.030, 47.05.035, 47.06.020, 47.06.030, 47.06.043, 47.06.045, 47.06.050, 47.06.060, 47.06.070, 47.06.080, 47.06.090, 47.06.100, 47.06.110, 47.06.140, and 81.104.060; and repealing RCW 47.05.051, 47.01.370, 47.06.040, and 47.06.120.

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

Sec. 1   RCW 47.01.011 and 1977 ex.s. c 151 s 1 are each amended to read as follows:
     The legislature hereby recognizes the following imperative needs within the state: To create a statewide transportation development plan which identifies present status and sets goals for the future; to coordinate transportation modes; to promote and protect land use programs required in local, state, and federal law; to coordinate transportation with the economic development of the state; to supply a broad framework in which regional, metropolitan, and local transportation needs can be related; to facilitate the supply of federal and state aid to those areas which will most benefit the state as a whole; to provide for public involvement in the transportation planning and development process; to administer programs within the jurisdiction of this title relating to the safety of the state's transportation systems; and to coordinate and implement national transportation policy with the state transportation planning program.
     The legislature finds and declares that placing all elements of transportation in a single department is fully consistent with and shall in no way impair the use of moneys in the motor vehicle fund exclusively for highway purposes.
     Through this chapter, a unified department of transportation is created. To the jurisdiction of this department will be transferred the present powers, duties, and functions of the department of highways, the highway commission, the toll bridge authority, the aeronautics commission, and the canal commission, and the transportation related powers, duties, and functions of the ((planning and community affairs agency)) department of community, trade, and economic development. The powers, duties, and functions of the department of transportation must be performed in a manner consistent with the policy goals set forth in RCW 47.01.012.

Sec. 2   RCW 47.01.012 and 2002 c 5 s 101 are each amended to read as follows:
     (1) It is the intent of the legislature to establish policy goals for the planning, operation, performance of, and investment in, the state's transportation system. The policy goals ((shall consist of, but not be limited to, the following)) established under this section are deemed consistent with the benchmark categories((,)) adopted by the state's blue ribbon commission on transportation on November 30, 2000. ((In addition to improving safety,)) Public investments in transportation shall support achievement of these ((and other priority)) policy goals:
     ((No interstate highways, state routes, and local arterials shall be in poor condition; no bridges shall be structurally deficient, and safety retrofits shall be performed on those state bridges at the highest seismic risk levels; traffic congestion on urban state highways shall be significantly reduced and be no worse than the national mean; delay per driver shall be significantly reduced and no worse than the national mean; per capita vehicle miles traveled shall be maintained at 2000 levels; the nonauto share of commuter trips shall be increased in urban areas; administrative costs as a percentage of transportation spending shall achieve the most efficient quartile nationally; and the state's public transit agencies shall achieve the median cost per vehicle revenue hour of peer transit agencies, adjusting for the regional cost-of-living.))
     (a) Preservation: To maintain, preserve, and extend the life and utility of prior investments in transportation systems and services;
     (b) Safety: To provide for and improve the safety and security of transportation customers and the transportation system;
     (c) Mobility: To improve the predictable movement of goods and people throughout Washington state;
     (d) Environment: To enhance Washington's quality of life through transportation investments that promote energy conservation, enhance healthy communities, and protect the environment; and
     (e) Stewardship: To be effective managers of the transportation system.
     (2)
These policy goals ((shall)) are intended to be the basis for ((establishment of)) establishing detailed and measurable objectives and related performance ((benchmarks)) measures.
     (3) It is the intent of the legislature that the ((transportation commission)) governor establish objectives and performance measures for the department of transportation and other state agencies with transportation related responsibilities to ensure transportation system performance at local, regional, and state government levels((, and the transportation commission should work with appropriate government entities to accomplish this)) attains the policy goals set forth in subsection (1) of this section. The governor shall submit initial objectives and performance measures to the legislature for its review during the 2008 legislative session. The governor shall submit objectives and performance measures to the legislature for its review during each regular session of the legislature during an even-numbered year thereafter.

Sec. 3   RCW 47.01.071 and 2006 c 334 s 3 are each amended to read as follows:
     The transportation commission shall have the following functions, powers, and duties:
     (1) To propose policies to be adopted by the governor and the legislature designed to assure the development and maintenance of a comprehensive and balanced statewide transportation system which will meet the needs of the people of this state for safe and efficient transportation services. ((Wherever appropriate the policies shall provide for the use of integrated, intermodal transportation systems to implement the social, economic, and environmental policies, goals, and objectives of the people of the state, and especially to conserve nonrenewable natural resources including land and energy.)) The policies must be aligned with the goals established in RCW 47.01.012. To this end the commission shall:
     (a) Develop transportation policies which are based on the policies, goals, and objectives expressed and inherent in existing state laws;
     (b) Inventory the adopted policies, goals, and objectives of the local and area-wide governmental bodies of the state and define the role of the state, regional, and local governments in determining transportation policies, in transportation planning, and in implementing the state transportation plan;
     (c) ((Propose a transportation policy for the state;
     (d)
)) Establish a procedure for review and revision of the state transportation policy and for submission of proposed changes to the governor and the legislature;
     (((e) To)) (d) Integrate the statewide transportation plan with the needs of the elderly and ((handicapped)) persons with disabilities, and ((to)) coordinate federal and state programs directed at assisting local governments to answer such needs;
     (2) To provide for the effective coordination of state transportation planning with national transportation policy, state and local land use policies, and local and regional transportation plans and programs;
     (3) In conjunction with the provisions under RCW 47.01.075, to provide for public involvement in transportation designed to elicit the public's views both with respect to adequate transportation services and appropriate means of minimizing adverse social, economic, environmental, and energy impact of transportation programs;
     (4) As provided under RCW 47.06.030, to prepare a comprehensive and balanced statewide transportation plan ((which shall be)) based on the transportation policy ((adopted by the governor and the legislature,)) goals provided under RCW 47.01.012 and applicable state and federal laws((. The plan must reflect the priorities of government developed by the office of financial management and address regional needs, including multimodal transportation planning. The plan shall be reviewed and revised, and submitted to the governor and the house of representatives and senate standing committees on transportation, prior to each regular session of the legislature during an even-numbered year thereafter. The plan shall be subject to the approval of the legislature in the biennial transportation budget act.
     The plan shall take into account federal law and regulations relating to the planning, construction, and operation of transportation facilities
));
     (5) By October 1, 2007, the commission shall submit a baseline report on the attainment of policy goals under RCW 47.01.012 in the 2005-2007 fiscal biennium. By October 1, 2008, beginning with the development of the 2009-2011 biennial transportation budget, and by October 1st each year thereafter, the commission shall submit to the legislature and the governor an annual report on the attainment by state transportation agencies of the state transportation policy goals and objectives prescribed by statute, appropriation, and governor directive. The report must, at a minimum, include the degree to which state transportation projects and programs attained the policy goals established under RCW 47.01.012, as measured by the objectives and performance measures established by the governor under RCW 47.01.012 and presented biennially to the legislature.
     (6)
To propose to the governor and the legislature prior to the convening of each regular session held in an odd-numbered year a recommended budget for the operations of the commission as required by RCW 47.01.061;
     (((6))) (7) To adopt such rules as may be necessary to carry out reasonably and properly those functions expressly vested in the commission by statute;
     (((7))) (8) To contract with the office of financial management or other appropriate state agencies for administrative support, accounting services, computer services, and other support services necessary to carry out its other statutory duties;
     (((8))) (9) To conduct transportation-related studies and policy analysis to the extent directed by the legislature or governor in the biennial transportation budget act, or as otherwise provided in law, and subject to the availability of amounts appropriated for this specific purpose; and
     (((9))) (10) To exercise such other specific powers and duties as may be vested in the transportation commission by this or any other provision of law.

Sec. 4   RCW 47.01.075 and 2006 c 334 s 4 are each amended to read as follows:
     (1) ((The transportation commission shall provide a public forum for the development of transportation policy in Washington state to include coordination with regional transportation planning organizations, transportation stakeholders, counties, cities, and citizens. It may recommend to the secretary of transportation, the governor, and the legislature means for obtaining appropriate citizen and professional involvement in all transportation policy formulation and other matters related to the powers and duties of the department. It may further hold hearings and explore ways to improve the mobility of the citizenry.)) At least every five years, the commission shall convene regional forums to gather citizen input on transportation issues. The commission shall consider the input gathered at the forums as it establishes the statewide transportation plan under RCW 47.06.030.
     (2) ((Every two years, in coordination with the development of the state biennial budget, the commission shall prepare the statewide multimodal transportation progress report and propose to the office of financial management transportation priorities for the ensuing biennium. The report must:
     (a) Consider the citizen input gathered at the forums;
     (b) Be developed with the assistance of state transportation-related agencies and organizations;
     (c) Be developed with the input from state, local, and regional jurisdictions, transportation service providers, key transportation stakeholders, and the office of financial management;
     (d) Be considered by the secretary of transportation and other state transportation-related agencies in preparing proposed agency budgets and executive request legislation;
     (e) Be submitted by the commission to the governor and the legislature by October 1st of each even-numbered year for consideration by the governor.
     (3)
)) In fulfilling its responsibilities under this section, the commission may create ad hoc committees or other such committees of limited duration as necessary.
     (((4))) (3) In order to promote a better transportation system, the commission ((shall)) may offer policy guidance and make recommendations to the governor and the legislature in key issue areas, including but not limited to:
     (a) Transportation finance;
     (b) Preserving, maintaining, and operating the statewide transportation system;
     (c) Transportation infrastructure needs;
     (d) Promoting best practices for adoption and use by transportation-related agencies and programs;
     (e) Transportation efficiencies that will improve service delivery and/or coordination;
     (f) Improved planning and coordination among transportation agencies and providers; and
     (g) Use of intelligent transportation systems and other technology-based solutions((; and
     (h) Reporting of performance against goals, targets, and benchmarks
)).

Sec. 5   RCW 47.01.330 and 2005 c 318 s 2 are each amended to read as follows:
     (1) The secretary shall establish an office of transit mobility. The purpose of the office is to facilitate the integration of decentralized public transportation services with the state transportation system. The goals of the office of transit mobility are: (a) To facilitate connection and coordination of transit services and planning; and (b) maximizing opportunities to use public transportation to improve the efficiency of transportation corridors.
     (2) The duties of the office include, but are not limited to, the following:
     (a) Developing a statewide strategic plan that creates common goals for transit agencies, consistent with the goals under RCW 47.01.012, and reduces competing plans for cross-jurisdictional service;
     (b) Developing a park and ride lot program;
     (c) Encouraging long-range transit planning;
     (d) Providing public transportation expertise to improve linkages between regional transportation planning organizations and transit agencies;
     (e) Strengthening policies for inclusion of transit and transportation demand management strategies in route development, corridor plan standards, and budget proposals;
     (f) Recommending best practices to integrate transit and demand management strategies with regional and local land use plans in order to reduce traffic and improve mobility and access;
     (g) Producing recommendations to the commission for the public transportation section of the ((Washington)) statewide transportation plan; and
     (h) Participating in all aspects of corridor planning, including freight planning, ferry system planning, and passenger rail planning.
     (3) In forming the office, the secretary shall use existing resources to the greatest extent possible.
     (4) The office of transit mobility shall ((establish measurable performance)) adopt the objectives and performance measures established by the governor under RCW 47.01.012 for evaluating the success of its initiatives and progress toward accomplishing the overall goals of the office and the goals established under RCW 47.01.012.
     (5) The office of transit mobility must report quarterly to the secretary, and annually to the transportation committees of the legislature and the commission, on the progress of the office in meeting the goals and duties provided in this section.

Sec. 6   RCW 47.05.030 and 2006 c 334 s 45 are each amended to read as follows:
     (1) The ((transportation commission)) office of financial management shall ((develop)) propose a comprehensive ten-year investment program ((specifying program objectives and performance measures)) for the preservation and improvement programs defined in this section, consistent with the policy goals described under RCW 47.01.012. The ((adopted)) proposed ten-year investment program must be forwarded as a recommendation ((to)) by the ((governor and)) office of financial management to the legislature, and ((is subject to the approval of the legislature in the biennial transportation budget act. In the specification of investment program objectives and performance measures, the transportation commission, in consultation with the Washington state department of transportation, shall define and adopt standards for effective programming and prioritization practices including a needs analysis process. The analysis process must ensure the identification of problems and deficiencies, the evaluation of alternative solutions and trade-offs, and estimations of the costs and benefits of prospective projects. The investment program)) must be based upon the needs identified in the ((state-owned highway component of the)) statewide ((comprehensive)) transportation plan established under RCW 47.01.071(4). The proposed investment program must also include:
     (a) Identification of projects for two years and an investment plan for the remaining eight years;
     (b) An analysis of how the investment plan relates to the statewide transportation plan;
     (c) A cross-reference table for the information contained in the annual attainment report submitted by the transportation commission under RCW 47.01.071(5); and
     (d) A statement of how the proposed ten-year investment program will affect the performance measures and objectives proposed by the governor under RCW 47.01.012 and included in the annual attainment report submitted by the transportation commission under RCW 47.01.071(5)
.
     (((1))) (2) The preservation program consists of those investments necessary to preserve the existing state highway system and to restore existing safety features, giving consideration to lowest life cycle costing. ((The preservation program must require use of the most cost-effective pavement surfaces, considering:
     (a) Life-cycle cost analysis;
     (b) Traffic volume;
     (c) Subgrade soil conditions;
     (d) Environmental and weather conditions;
     (e) Materials available; and
     (f) Construction factors.
     The comprehensive ten-year investment program for preservation must identify projects for two years and an investment plan for the remaining eight years.
     (2)
)) (3) The improvement program consists of investments needed to address identified deficiencies on the state highway system to ((increase mobility, address congestion, and improve safety, support for the economy, and protection of the environment. The ten-year investment program for improvements must identify projects for two years and major deficiencies proposed to be addressed in the ten-year period giving consideration to relative benefits and life cycle costing. The transportation commission shall give higher priority for correcting identified deficiencies on those facilities classified as facilities of statewide significance as defined in RCW 47.06.140. Project prioritization must be based primarily upon cost-benefit analysis, where appropriate)) meet the goals established in RCW 47.01.012.

Sec. 7   RCW 47.05.035 and 2006 c 334 s 46 are each amended to read as follows:
     (1) The department shall use the transportation demand modeling tools developed under subsection (2) of this section to evaluate investments based on the best mode or improvement, or mix of modes and improvements, to meet current and future long-term demand within a corridor or system for the lowest cost. The end result of these demand modeling tools is to provide a cost-benefit analysis by which the department can determine the relative mobility improvement and congestion relief each mode or improvement under consideration will provide and the relative investment each mode or improvement under consideration will need to achieve that relief.
     (2) The department will participate in the refinement, enhancement, and application of existing transportation demand modeling tools to be used to evaluate investments. This participation and use of transportation demand modeling tools will be phased in.
     (((3) In developing program objectives and performance measures, the department shall evaluate investment trade-offs between the preservation and improvement programs. In making these investment trade-offs, the department shall evaluate, using cost-benefit techniques, roadway and bridge maintenance activities as compared to roadway and bridge preservation program activities and adjust those programs accordingly.
     (4) The department shall allocate the estimated revenue between preservation and improvement programs giving primary consideration to the following factors:
     (a) The relative needs in each of the programs and the system performance levels that can be achieved by meeting these needs;
     (b) The need to provide adequate funding for preservation to protect the state's investment in its existing highway system;
     (c) The continuity of future transportation development with those improvements previously programmed; and
     (d) The availability of dedicated funds for a specific type of work.
     (5) The department shall consider the findings in this section in the development of the ten-year investment program.
))

Sec. 8   RCW 47.06.020 and 1993 c 446 s 2 are each amended to read as follows:
     The specific role of the department in transportation planning ((shall)) must be, consistent with the policy goals described under RCW 47.01.012: (1) Ongoing coordination and development of statewide transportation policies that guide all Washington transportation providers; (2) ((ongoing development of a statewide multimodal transportation plan that includes both state-owned and state-interest facilities and services; (3))) coordinating the state high-capacity transportation planning and regional transportation planning programs, including (a) administering state planning grants for these purposes, (b) representing the interests of the state in these regional planning processes, and (c) coordinating other department planning with these regional efforts, including those under RCW 81.104.060; (3) collaborating with the transportation commission in all of the department's planning efforts; ((and)) (4) conducting special transportation planning studies, as provided in RCW 47.06.130, that impact state transportation facilities or relate to transportation facilities and services of statewide significance((. Specific requirements for each of these state transportation planning components are described in this chapter)); and (5) assisting the transportation commission in the development of the statewide transportation plan by identifying and documenting potential affected environmental resources including, but not limited to, wetlands, storm water runoff, flooding, air quality, fish passage, and wildlife habitat.
     In support of its role under subsection (5) of this section, the department shall conduct its environmental identification and documentation in coordination with all relevant environmental regulatory authorities including, but not limited to, local governments. The department shall give the relevant environmental regulatory authorities an opportunity to review the department's environmental plans. The relevant environmental regulatory authorities shall provide comments on the department's environmental plans in a timely manner. Environmental identification and documentation as provided for in RCW 47.01.300 and this section is not intended to create a private right of action or require an environmental impact statement as provided in chapter 43.21C RCW
.

Sec. 9   RCW 47.06.030 and 1997 c 369 s 8 are each amended to read as follows:
     (1) The transportation commission shall ((develop a state transportation policy plan that (1) establishes)) prepare a comprehensive and balanced statewide transportation plan based on the policy goals established under RCW 47.01.012. The statewide transportation plan must reflect the priorities of government developed by the office of financial management, address regional needs, and take into account federal law and regulations relating to planning, construction, and operation of transportation facilities. The plan must be reviewed, revised, and submitted to the governor and the house of representatives and senate standing committees on transportation before each regular session of the legislature during an even-numbered year. The plan is subject to the approval of the legislature in the biennial transportation budget act.
     (2) As components of the statewide transportation plan, the transportation commission must develop a state transportation policy plan and a state transportation multimodal plan.
     (a)(i) The state transportation policy plan must:
     (A) Establish
a vision and goals for the development of the statewide transportation system consistent with the state's growth management goals((, (2) identifies)) and the goals provided under RCW 47.01.012;
     (B) Identify
significant statewide transportation policy issues((,)); and (((3)))
     (C) Recommend((s)) statewide transportation policies and strategies to the legislature to fulfill the requirements of RCW 47.01.071(1).
     (ii) The state transportation policy plan shall be the product of an ongoing process that involves representatives of significant transportation interests and the general public from across the state. The plan shall address how the department of transportation will meet the transportation needs and expedite the completion of industrial projects of statewide significance.
     (b)(i) The state transportation multimodal plan must be in conformance with federal requirements, and must include a state-owned facilities component and a state-interest component. The plans developed under each component of the multimodal plan must: Be consistent with the state transportation policy plan and with each other; reflect public involvement; be consistent with regional transportation planning, high-capacity transportation planning, and local comprehensive plans prepared under chapter 36.70A RCW; and include analysis of intermodal connections and choices.
     (ii) The state-owned facilities component must guide state investment for state highways, including bicycle and pedestrian facilities, and state ferries.
     (iii) The state-interest component must define the state interest in aviation, marine ports and navigation, freight rail, intercity passenger rail, bicycle transportation and pedestrian walkways, and public transportation, and recommend actions in coordination with appropriate public and private transportation providers to ensure that the state interest in these transportation modes is met.

Sec. 10   RCW 47.06.043 and 2003 c 363 s 204 are each amended to read as follows:
     The state-interest component of the statewide ((multimodal)) transportation plan must include a plan for enhancing the skills of the existing technical transportation work force.

Sec. 11   RCW 47.06.045 and 1998 c 175 s 10 are each amended to read as follows:
     The state-interest component of the statewide multimodal transportation plan ((shall)) must include a freight mobility plan ((which shall)) that assesses the transportation needs to ensure the safe, reliable, and efficient movement of goods within and through the state and to ensure the state's economic vitality.

Sec. 12   RCW 47.06.050 and 2002 c 5 s 413 are each amended to read as follows:
     The state-owned facilities component of the statewide transportation plan shall consist of:
     (1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements ((to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources)). The state highway system plan shall contain the following elements, which must be consistent with the relevant objectives established by the governor under RCW 47.01.012:
     (a) A system preservation element((, which shall establish structural preservation objectives)) for the state highway system, including bridges, ((identify)) that identifies current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommends program funding levels and specific actions necessary to preserve the structural integrity of the state highway system ((consistent with adopted objectives)). Lowest life cycle cost methodologies must be used in developing ((a pavement management system. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature)) preservation projects;
     (b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways ((that meet benchmarks established by the transportation commission. The highway maintenance element must include an estimate of costs for achieving those service levels over twenty years. This element will serve as the basis for the maintenance component of the six-year highway program and the two-year biennial budget request to the legislature));
     (c) A capacity and operational improvement element((, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify)) that identifies current and future capacity, operational, and safety deficiencies, and recommends program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the ((department)) transportation commission shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include, but are not limited to, access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW((, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature));
     (d) A scenic and recreational highways element((, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources)). The transportation commission, in conjunction with the department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;
     (e) A paths and trails element((, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW)).
     (2) The state ferry system plan((, which shall guide capital and operating investments in the state ferry system. The plan)) shall establish service objectives, consistent with the objectives and goals established under RCW 47.01.012, for state ferry routes((, forecast travel demand for the various markets served in the system, develop strategies for ferry system investment that consider regional and statewide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan must provide for maintenance of capital assets. The plan must also provide for preservation of capital assets based on lowest life cycle cost methodologies. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations)). The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.

Sec. 13   RCW 47.06.060 and 1993 c 446 s 6 are each amended to read as follows:
     The state-interest component of the statewide ((multimodal)) transportation plan ((shall)) must include an aviation plan((, which shall)) that fulfills the statewide aviation planning requirements of the federal government, coordinates statewide aviation planning, and ((identify)) identifies the program needs for public use and state airports.

Sec. 14   RCW 47.06.070 and 1993 c 446 s 7 are each amended to read as follows:
     The state-interest component of the statewide ((multimodal)) transportation plan ((shall)) must include a state marine ports and navigation plan((, which shall)) that assesses the transportation needs of Washington's marine ports, including navigation, and ((identify)) identifies transportation system improvements needed to support the international trade and economic development role of Washington's marine ports.

Sec. 15   RCW 47.06.080 and 1993 c 446 s 8 are each amended to read as follows:
     The state-interest component of the statewide ((multimodal)) transportation plan ((shall)) must include a state freight rail plan((, which shall)) that fulfills the statewide freight rail planning requirements of the federal government, ((identify)) identifies freight rail mainline issues, ((identify)) identifies light-density freight rail lines threatened with abandonment, establishes criteria for determining the importance of preserving the service or line, and recommends priorities for the use of state rail assistance and state rail banking program funds, as well as other available sources of funds. The plan ((shall)) must also identify existing intercity rail rights of way that should be preserved for future transportation use.

Sec. 16   RCW 47.06.090 and 2002 c 5 s 414 are each amended to read as follows:
     The state-interest component of the statewide ((multimodal)) transportation plan ((shall)) must include an intercity passenger rail plan((, which shall)) that analyzes existing intercity passenger rail service and recommends improvements to that service under the state passenger rail service program, including depot improvements, potential service extensions, and ways to achieve higher train speeds.
     For purposes of maintaining and preserving any state-owned component of the state's passenger rail program, the statewide ((multimodal)) transportation plan must identify all such assets and provide a preservation plan based on lowest life cycle cost methodologies.

Sec. 17   RCW 47.06.100 and 1993 c 446 s 10 are each amended to read as follows:
     The state-interest component of the statewide ((multimodal)) transportation plan ((shall)) must include a bicycle transportation and pedestrian walkways plan((, which shall)) that proposes a statewide strategy for addressing bicycle and pedestrian transportation, including: The integration of bicycle and pedestrian pathways with other transportation modes; the coordination between local governments, regional agencies, and the state in the provision of such facilities; the role of such facilities in reducing traffic congestion; and an assessment of statewide bicycle and pedestrian transportation needs. This plan ((shall)) must satisfy the federal requirement for a long-range bicycle transportation and pedestrian walkways plan.

Sec. 18   RCW 47.06.110 and 2005 c 319 s 124 are each amended to read as follows:
     The state-interest component of the statewide ((multimodal)) transportation plan ((shall)) must include a state public transportation plan that:
     (1) Articulates the state vision of an interest in public transportation ((and provides quantifiable objectives, including benefits indicators)), consistent with the goals and objectives established under RCW 47.01.012;
     (2) Identifies ((the goals for public transit and)) the roles of federal, state, regional, and local entities in achieving ((those)) the policy goals and objectives established under RCW 47.01.012;
     (3) Recommends mechanisms for coordinating state, regional, and local planning for public transportation;
     (4) Recommends mechanisms for coordinating public transportation with other transportation services and modes;
     (5) Recommends criteria, consistent with the goals and objectives identified in ((subsection (2) of this section and with RCW 82.44.180 (2) and (3))) RCW 47.01.012, for existing federal authorizations administered by the department to transit agencies; and
     (6) Recommends a statewide public transportation facilities and equipment management system as required by federal law.
     In developing the state public transportation component of the statewide transportation plan, the ((department)) transportation commission shall involve local jurisdictions, public and private providers of transportation services, nonmotorized interests, and the department and other state agencies with an interest in public transportation, including but not limited to the office of transit mobility, the departments of community, trade, and economic development, social and health services, and ecology, the office of the superintendent of public instruction, the office of the governor, and the office of financial management.
     ((The department shall submit to the senate and house transportation committees by December 1st of each year, reports summarizing the plan's progress.))

Sec. 19   RCW 47.06.140 and 1998 c 171 s 7 are each amended to read as follows:
     The legislature declares the following transportation facilities and services to be of statewide significance: The interstate highway system, interregional state principal arterials including ferry connections that serve statewide travel, intercity passenger rail services, intercity high-speed ground transportation, major passenger intermodal terminals excluding all airport facilities and services, the freight railroad system, the Columbia/Snake navigable river system, marine port facilities and services that are related solely to marine activities affecting international and interstate trade, and high-capacity transportation systems serving regions as defined in RCW 81.104.015. The ((department)) transportation commission, in cooperation with the department, regional transportation planning organizations, counties, cities, transit agencies, public ports, private railroad operators, and private transportation providers, as appropriate, shall plan for improvements to transportation facilities and services of statewide significance in the statewide ((multimodal)) transportation plan. Improvements to facilities and services of statewide significance identified in the statewide ((multimodal)) transportation plan, or designated by the legislature under chapter 47.05 RCW, are essential state public facilities under RCW 36.70A.200.
     The department of transportation, in consultation with local governments, shall set level of service standards for state highways and state ferry routes of statewide significance. Although the department shall consult with local governments when setting level of service standards, the department retains authority to make final decisions regarding level of service standards for state highways and state ferry routes of statewide significance. In establishing level of service standards for state highways and state ferry routes of statewide significance, the department shall consider the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local communities using these facilities.

Sec. 20   RCW 81.104.060 and 1991 c 318 s 6 are each amended to read as follows:
     (1) The state's planning role in high capacity transportation development as one element of a multimodal transportation system should facilitate cooperative state and local planning efforts.
     (2) The department of transportation may serve as a contractor for high capacity transportation system and project design, administer construction, and assist agencies authorized to provide service in the acquisition, preservation, and joint use of rights of way.
     (3) The department and local jurisdictions shall continue to cooperate with respect to the development of high occupancy vehicle lanes and related facilities, associated roadways, transfer stations, people mover systems developed either by the public or private sector, and other related projects.
     (4) The department, in cooperation with local jurisdictions and the transportation commission, shall develop policies which enhance the development of high speed interregional systems by both the private and the public sector. These policies may address joint use of rights of way, identification and preservation of transportation corridors, and joint development of stations and other facilities.

NEW SECTION.  Sec. 21   The following acts or parts of acts are each repealed:
     (1) RCW 47.05.051 (Ten-year comprehensive investment program--Priority selection criteria -- Improvement program criteria) and 2006 c 334 s 47, 2005 c 319 s 11, 2002 c 189 s 3, 2002 c 5 s 406, 1998 c 175 s 12, 1993 c 490 s 5, 1987 c 179 s 5, 1979 ex.s. c 122 s 5, & 1975 1st ex.s. c 143 s 4;
     (2) RCW 47.01.370 (Review of performance and outcome measures of transportation-related agencies -- Definition) and 2006 c 334 s 44;
     (3) RCW 47.06.040 (Statewide multimodal transportation plan) and 2002 c 189 s 4, 1998 c 199 s 1, 1994 c 258 s 5, & 1993 c 446 s 4; and
     (4) RCW 47.06.120 (High-capacity transportation planning and regional transportation planning -- Role of department) and 1993 c 446 s 12.

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