ESSB 6392 -
By Committee on Transportation
ADOPTED AND ENGROSSED 3/2/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that during the
2009 legislative session tolling was authorized on the state route
number 520 corridor. As such, it is the intent of the legislature that
tolling commences in the spring of 2011 on the existing state route
number 520 bridge.
The legislature further recognizes that tolling of the state route
number 520 corridor is integrally related to the issuance of a final
project design resulting from the supplemental draft environmental
impact statement for the state route number 520 bridge replacement and
HOV program released in January 2010. It is the intent of the
legislature that the department of transportation work with affected
neighborhoods and local governments, including the mayor of the city of
Seattle and the Seattle city council, to refine the preferred
alternative design in the supplemental draft environmental impact
statement so that the final design of the state route number 520 bridge
replacement and HOV program will, to the extent required by state and
federal law, include reasonable assurance that project impacts will be
mitigated as much as practicable to protect against further adverse
impacts on neighborhood environmental quality. Within the cost
constraints identified in section 1, chapter 472, Laws of 2009, and
consistent with an opening date to vehicular traffic of 2014, it is
further the intent of the legislature that any final design of the
state route number 520 bridge replacement and HOV program accommodate
effective connections for transit, including high capacity transit,
including, but not limited to, effective connections for transit to the
university link light rail line, consistent with the requirements of
RCW 47.01.408, and ensure the effective, efficient, and feasible
coordination of bus services and light rail services throughout the
state route number 520 corridor, consistent with the requirements of
RCW 47.01.410. The legislature further intends that any cost savings
applicable to the state route number 520 bridge replacement and HOV
program stay within the program.
Sec. 2 RCW 47.56.870 and 2009 c 472 s 2 are each amended 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. 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 at least 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 general obligation bonds, authorized in RCW
47.10.879, first payable from toll revenue and then excise taxes on
motor vehicle and special fuels pledged for the payment of those bonds
in the amount necessary to fund the ((replacement state route number
520 floating bridge and necessary landings)) state route number 520
bridge replacement and HOV program, subject to subsection (4) of this
section; and
(ii) Costs associated with the project designated in subsection (4)
of this section that are eligible under RCW 47.56.820.
(4)(a) 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 sufficient to pay for the
replacement of the floating bridge segment and necessary landings of
state route number 520,)) must be used only to fund the ((construction
of the replacement state route number 520 floating bridge and necessary
landings)) state route number 520 bridge replacement and HOV program;
however, two hundred million dollars of bond proceeds, in excess of the
proceeds necessary to complete the floating bridge segment and
necessary landings, must be used only to fund the state route number
520, Interstate 5 to Medina bridge replacement and HOV project segment
of the program, as identified in applicable environmental impact
statements, and may be used to fund effective connections for high
occupancy vehicles and transit for state route number 520, but only to
the extent those connections benefit or improve the operation of state
route number 520.
(b) The program must include the following elements within the cost
constraints identified in section 1, chapter 472, Laws of 2009,
consistent with the legislature's intent that cost savings applicable
to the program stay within the program and that the bridge open to
vehicular traffic in 2014:
(i) A project design, consistent with RCW 47.01.408, that includes
high occupancy vehicle lanes with a minimum carpool occupancy
requirement of three-plus persons on state route number 520;
(ii) High occupancy vehicle lane performance standards for the
state route number 520 corridor established by the department. The
department shall report to the transportation committees of the
legislature when average transit speeds in the two lanes that are for
high occupancy vehicle travel fall below forty-five miles per hour at
least ten percent of the time during peak hours;
(iii) A work group convened by the mayor and city council of the
city of Seattle to include sound transit, King county metro, the
Seattle department of transportation, the department, the University of
Washington, and other persons or organizations as designated by the
mayor or city council to study and make recommendations of alternative
connections for transit, including bus routes and high capacity
transit, to the university link light rail line. The work group must
consider such techniques as grade separation, additional stations, and
pedestrian lids to effect these connections. The recommendations must
be alternatives to the transit connections identified in the
supplemental draft environmental impact statement for the state route
number 520 bridge replacement and HOV program released in January 2010,
and must meet the requirements under RCW 47.01.408, including
accommodating effective connections for transit. The recommendations
must be within the scope of the supplemental draft environmental impact
statement. For the purposes of this section, "effective connections
for transit" means a connection that connects transit stops, including
high capacity transit stops, that serve the state route number
520/Montlake interchange vicinity to the university link light rail
line, with a connection distance of less than one thousand two hundred
feet between the stops and the light rail station. The city of Seattle
shall submit the recommendations by October 1, 2010, to the governor
and the transportation committees of the legislature. However, if the
city of Seattle does not convene the work group required under this
subsection before July 1, 2010, or does not submit recommendations to
the governor and the transportation committees of the legislature by
October 1, 2010, the department must convene the work group required
under this subsection and meet all the requirements of this subsection
that are described as requirements of the city of Seattle by November
30, 2010;
(iv) A work group convened by the department to include sound
transit and King county metro to study and make recommendations
regarding options for planning and financing high capacity transit
through the state route number 520 corridor. The department shall
submit the recommendations by January 1, 2011, to the governor and the
transportation committees of the legislature;
(v) A plan to address mitigation as a result of the state route
number 520 bridge replacement and HOV program at the Washington park
arboretum. As part of its process, the department shall consult with
the governing board of the Washington park arboretum, the Seattle city
council and mayor, and the University of Washington to identify all
mitigation required by state and federal law resulting from the state
route number 520 bridge replacement and HOV program's impact on the
arboretum, and to develop a project mitigation plan to address these
impacts. The department shall submit the mitigation plan by December
31, 2010, to the governor and the transportation committees of the
legislature. Wetland mitigation required by state and federal law as
a result of the state route number 520 bridge replacement and HOV
program's impacts on the arboretum must, to the greatest extent
practicable, include on-site wetland mitigation at the Washington park
arboretum, and must enhance the Washington park arboretum. This
subsection (4)(b)(v) does not preclude any other mitigation planned for
the Washington park arboretum as a result of the state route number 520
bridge replacement and HOV program;
(vi) A work group convened by the department to include the mayor
of the city of Seattle, the Seattle city council, the Seattle
department of transportation, and other persons or organizations as
designated by the Seattle city council and mayor to study and make
recommendations regarding design refinements to the preferred
alternative selected by the department in the supplemental draft
environmental impact statement process for the state route number 520
bridge replacement and HOV program. To accommodate a timely
progression of the state route number 520 bridge replacement and HOV
program, the design refinements recommended by the work group must be
consistent with the current environmental documents prepared by the
department for the supplemental draft environmental impact statement.
The department shall submit the recommendations to the legislature and
governor by December 31, 2010, and the recommendations must inform the
final environmental impact statement prepared by the department; and
(vii) An account, created in section 5 of this act, into which
civil penalties generated from the nonpayment of tolls on the state
route number 520 corridor are deposited to be used to fund any project
within the program, including mitigation. However, this subsection
(4)(b)(vii) is contingent on the enactment by June 30, 2010, of either
chapter . . . (Engrossed Substitute Senate Bill No. 6499), Laws of 2010
or chapter . . . (Substitute House Bill No. 2897), Laws of 2010, but if
the enacted bill does not designate the department as the toll penalty
adjudicating agency, this subsection (4)(b)(vii) is null and void.
(5) The department 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.
Sec. 3 RCW 47.01.408 and 2008 c 270 s 2 are each amended to read
as follows:
(1) The state route number 520 bridge replacement and HOV project
shall be designed to provide six total lanes, with two lanes that are
for transit and high-occupancy vehicle travel, and four general purpose
lanes.
(2) The state route number 520 bridge replacement and HOV project
shall be designed to accommodate effective connections for transit,
including high capacity transit, to the light rail station at the
University of Washington.
(3) The state route number 520 bridge replacement and HOV project
shall be designed to provide a total height from the water to the top
of the bridge rail on the floating bridge portion of the project of no
more than twenty feet if any portion of the project is funded by
revenue generated from tolling the state route number 520 corridor.
Sec. 4 RCW 47.56.875 and 2009 c 472 s 4 are each amended 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
replacement state route number 520 floating bridge and necessary
landings)) the state route number 520 bridge replacement and HOV
program, including any capitalized interest;
(b) Except as provided in RCW 47.56.870(4)(b)(vii), 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 and necessary
landings)) state route number 520 bridge replacement and HOV program;
and
(e) All damages, liquidated or otherwise, collected under any
contract involving the ((construction of the replacement state route
number 520 floating bridge and necessary landings)) state route number
520 bridge replacement and HOV program.
(2) Subject to the covenants made by the state in the bond
proceedings authorizing the issuance and sale of bonds for the
((replacement state route number 520 floating bridge and necessary
landings)) state route number 520 bridge replacement and HOV program,
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
and necessary landings)) state route number 520 bridge replacement and
HOV program 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.
NEW SECTION. Sec. 5 A new section is added to chapter 47.56 RCW
to read as follows:
(1) A special account to be known as the state route number 520
civil penalties account is created in the state treasury. All state
route number 520 bridge replacement and HOV program civil penalties
generated from the nonpayment of tolls on the state route number 520
corridor must be deposited into the account, as provided under RCW
47.56.870(4)(b)(vii). Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used to fund any
project within the state route number 520 bridge replacement and HOV
program, including mitigation.
(2) This section is contingent on the enactment by June 30, 2010,
of either chapter . . . (Engrossed Substitute Senate Bill No. 6499),
Laws of 2010 or chapter . . . (Substitute House Bill No. 2897), Laws of
2010, but if the enacted bill does not designate the department as the
toll penalty adjudicating agency, this section is null and void.
Sec. 6 RCW 43.84.092 and 2009 c 479 s 31, 2009 c 472 s 5, and
2009 c 451 s 8 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 energy recovery act 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 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 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 civil penalties
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) 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."
Correct the title.