SHB 2211 -
By Representative Eddy
WITHDRAWN 04/17/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 It is the intent of the legislature to
impose tolls on the state route number 520 floating bridge subject to
section 2 of this act, to help finance construction of critical safety
projects, including replacement of the floating bridge, and to generate
additional funds to help finance associated projects in the state route
number 520 corridor program.
It is further the intent of the legislature to expedite the
floating bridge replacement project, at a cost not to exceed one
billion eight hundred fifty million dollars, in a manner that does not
preclude local design options on either side of the state route number
520 corridor. For all projects in the state route number 520 corridor
program, the legislature intends that one billion seven hundred million
dollars will be provided through the issuance of bonds backed by toll
revenue, and that this act provide for the funding of one billion two
hundred million dollars of these bonds.
It is further the intent of the legislature to resolve the
remaining local design issues and to complete the program's finance
plan so that all of the projects in the state route number 520 corridor
program can be constructed as soon as possible. The manner in which
these issues are to be resolved is prescribed in section 3 of this act.
It is further the intent of the legislature that if the tolls on
the state route number 520 corridor significantly alter the performance
of nearby facilities, the legislature will reconsider the tolling
policy for the corridor.
It is further the intent of the legislature that the department of
transportation applies for federal stimulus funds for projects in the
corridor.
NEW SECTION. Sec. 2 A new section is added to chapter 47.56 RCW
under the subchapter heading "toll facilities created after July 1,
2008" to read as follows:
(1) The initial imposition of tolls on the state route number 520
corridor is authorized, the state route number 520 corridor is
designated an eligible toll facility, and toll revenue generated in the
corridor must only be expended as allowed under RCW 47.56.820.
(2) The state route number 520 corridor consists of that portion of
state route number 520 between the junctions of Interstate 5 and state
route number 202, which consists of, on the west side of the corridor,
connections from Interstate 5 to the floating bridge, the floating
bridge and approaches, and on the east side of the corridor, from the
east end of the floating bridge to state route number 202. The toll
imposed by this section shall be charged only for travel on the
floating bridge portion of the state route number 520 corridor.
(3)(a) In setting the toll rates for the corridor pursuant to RCW
47.56.850, the tolling authority shall set a variable schedule of toll
rates to maintain travel time, speed, and reliability on the corridor
and generate the necessary revenue as required under (b) of this
subsection.
(b) The tolling authority shall initially set the variable schedule
of toll rates, which the tolling authority may adjust annually to
reflect inflation as measured by the consumer price index or as
necessary to meet the redemption of bonds and interest payments on the
bonds, to generate revenue sufficient to provide for:
(i) The issuance of up to one billion two hundred million dollars
in motor vehicle fuel tax general obligation bonds; and
(ii) Costs associated with the project designated in subsection (4)
of this section that are eligible under RCW 47.56.820.
(4) The proceeds of the bonds designated in subsection (3)(b)(i) of
this section, which together with other appropriated and identified
state and federal funds is more than sufficient to pay for the
replacement of the state route number 520 floating bridge, must be used
only to fund:
(a) The construction of a replacement state route number 520
floating bridge; and
(b) The construction of other projects in the state route number
520 corridor program.
(5) The state toll agency may carry out the construction and
improvements designated in subsection (4) of this section and
administer the tolling program on the state route number 520 corridor.
NEW SECTION. Sec. 3 A new section is added to chapter 47.56 RCW
to read as follows:
(1) The state route number 520 executive oversight committee is
created. The committee shall consist of the following members:
(a) The governor;
(b) The chairs of the house and senate transportation committees;
(c) The legislators from the forty-third and forty-eighth
legislative districts;
(d) One legislator from the forty-sixth legislative district
selected by the governor; and
(e) One legislator from the forty-fifth legislative district
selected by the governor.
(2) The oversight committee shall work to resolve the remaining
local design issues related to the state route number 520 replacement
project and to complete a finance plan so that all of the projects in
the state route number 520 corridor program can be constructed as soon
as possible. The oversight committee must consider the design elements
outlined in options A and K, or a combination of elements from those
options, as a starting point for discussion. The oversight committee
shall provide an initial report of its work to the legislature in
January 2010 and a final report with recommendations to the legislature
by January 2011.
(3) As part of the development of its recommendations, the
oversight committee shall consult with the participants of the state
route number 520 mediation process.
(4) The department of transportation shall serve as staff to the
oversight committee and must complete the following activities:
(a) Conduct value engineering on the high cost elements of the
state route number 520 replacement project;
(b) Conduct a project permitting risk assessment;
(c) Update the project cost estimate using the cost estimate
valuation process;
(d) Publish the supplemental draft environment impact statement and
provide a summary of public comments; and
(e) Develop financing options for the remaining costs of the
project.
NEW SECTION. Sec. 4 A new section is added to chapter 47.56 RCW
under the subchapter heading "toll facilities created after July 1,
2008" to read as follows:
Unless otherwise delegated, the department is the state toll agency
with the authority to administer tolling programs on eligible toll
facilities, including the state route number 520 corridor. The state
toll agency may adopt and amend rules to govern operations,
collections, and enforcement on each eligible toll facility. In
implementing tolling programs, the state toll agency may (1) collect
and retain any toll charges and penalties imposed, (2) issue toll bills
and notices of infraction, (3) use available resources to collect
unpaid toll charges, including forwarding unpaid infractions to the
department of licensing pursuant to RCW 46.20.270(3) and assigning the
unpaid infractions to collection agencies under RCW 19.16.500, (4)
allocate administrative fees and infraction charges to the toll
facilities on which the fees and charges were incurred, (5) resolve
disputes involving toll charges, and (6) procure and sell transponders
or enter into contracts and license agreements to procure and sell
transponders as necessary for the operation of electronic toll
collection systems on eligible toll facilities.
NEW SECTION. Sec. 5 A new section is added to chapter 47.56 RCW
under the subchapter heading "toll facilities created after July 1,
2008" to read as follows:
A special account to be known as the state route number 520
corridor account is created in the state treasury.
(1) Deposits to the account must include:
(a) All proceeds of bonds issued for construction of the state
route number 520 corridor, including any capitalized interest;
(b) All of the tolls and other revenues received from the operation
of the state route number 520 corridor as a toll facility, to be
deposited at least monthly;
(c) Any interest that may be earned from the deposit or investment
of those revenues;
(d) Notwithstanding RCW 47.12.063, proceeds from the sale of any
surplus real property acquired for the purpose of building the
replacement state route number 520 floating bridge or the construction
of other projects on the state route number 520 corridor; and
(e) All damages, liquidated or otherwise, collected under any
contract involving the construction of projects on the state route
number 520 corridor.
(2) Subject to the covenants made by the state in the bond
proceedings authorizing the issuance and sale of bonds for the state
route number 520 corridor projects, toll charges, other revenues, and
interest received from the operation of the state route number 520
corridor as a toll facility may be used to:
(a) Pay any required costs allowed under RCW 47.56.820; and
(b) Repay amounts to the motor vehicle fund as required.
(3) When repaying the motor vehicle fund, the state treasurer shall
transfer funds from the state route number 520 corridor account to the
motor vehicle fund on or before each debt service date for bonds issued
for the replacement state route number 520 floating bridge project or
the construction of other projects on the state route number 520
corridor in an amount sufficient to repay the motor vehicle fund for
amounts transferred from that fund to the highway bond retirement fund
to provide for any bond principal and interest due on that date. The
state treasurer may establish subaccounts for the purpose of
segregating toll charges, bond sale proceeds, and other revenues.
Sec. 6 RCW 43.84.092 and 2008 c 128 s 19 and 2008 c 106 s 4 are
each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
The following accounts and funds shall receive their proportionate
share of earnings based upon each account's and fund's average daily
balance for the period: The aeronautics account, the aircraft search
and rescue account, the budget stabilization account, the capitol
building construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the education
construction fund, the education legacy trust account, the election
account, the energy freedom account, the essential rail assistance
account, The Evergreen State College capital projects account, the
federal forest revolving account, the ferry bond retirement fund, the
freight congestion relief account, the freight mobility investment
account, the freight mobility multimodal account, the grade crossing
protective fund, the health services account, the public health
services account, the health system capacity account, the personal
health services account, the high capacity transportation account, the
state higher education construction account, the higher education
construction account, the highway bond retirement fund, the highway
infrastructure account, the highway safety account, the high occupancy
toll lanes operations account, the industrial insurance premium refund
account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the
local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the medical aid account,
the mobile home park relocation fund, the motor vehicle fund, the
motorcycle safety education account, the multimodal transportation
account, the municipal criminal justice assistance account, the
municipal sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the pension funding
stabilization account, the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the public
transportation systems account, the public works assistance account,
the Puget Sound capital construction account, the Puget Sound ferry
operations account, the Puyallup tribal settlement account, the real
estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management
cost account, the rural arterial trust account, the rural Washington
loan fund, the safety and education account, the site closure account,
the small city pavement and sidewalk account, the special category C
account, the special wildlife account, the state employees' insurance
account, the state employees' insurance reserve account, the state
investment board expense account, the state investment board commingled
trust fund accounts, the state patrol highway account, the state route
number 520 corridor account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the transportation 2003 account (nickel account),
the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement
board bond retirement account, the transportation infrastructure
account, the transportation partnership account, the traumatic brain
injury account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building
account, the urban arterial trust account, the volunteer firefighters'
and reserve officers' relief and pension principal fund, the volunteer
firefighters' and reserve officers' administrative fund, the Washington
fruit express account, the Washington judicial retirement system
account, the Washington law enforcement officers' and firefighters'
system plan 1 retirement account, the Washington law enforcement
officers' and firefighters' system plan 2 retirement account, the
Washington public safety employees' plan 2 retirement account, the
Washington school employees' retirement system combined plan 2 and 3
account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts. All
earnings to be distributed under this subsection (4)(((a))) shall first
be reduced by the allocation to the state treasurer's service fund
pursuant to RCW 43.08.190.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 7 This act takes effect August 1, 2009."
Correct the title.