SHB 2179 -
By Committee on Transportation
ADOPTED 03/05/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 35.21 RCW
to read as follows:
In addition to any other power and authority conferred to a city
that is located in a county having a population of more than one
million five hundred thousand, a city legislative authority may provide
or contract for supplemental transportation improvements to meet
mobility needs within the city's boundaries. For purposes of this
section, a "supplemental transportation improvement" or "supplemental
improvement" means any project, work, or undertaking to provide or
contract for public transportation service in addition to any existing
or planned public transportation service provided by public
transportation agencies and systems serving the city. The supplemental
authority provided to the city legislative authority under this section
is subject to the following requirements:
(1) Prior to taking any action to provide or contract for
supplemental transportation improvements permitted under this section,
the legislative authority of the city shall conduct a public hearing at
the time and place specified in a notice published at least once, not
less than ten days before the hearing, in a newspaper of general
circulation within the proposed district. The notice must specify the
supplemental facilities or services to be provided or contracted for by
the city, and must include estimated capital, operating, and
maintenance costs. The legislative authority of the city shall hear
objections from any person affected by the proposed supplemental
improvements.
(2) Following the hearing held pursuant to subsection (1) of this
section, if the city legislative authority finds that the proposed
supplemental transportation improvements are in the public interest,
the legislative authority shall adopt an ordinance providing for the
supplemental improvements and provide or contract for the supplemental
improvements.
(3) For purposes of providing or contracting for the proposed
supplemental transportation improvements, the legislative authority of
the city may contract with private providers and nonprofit
organizations, and may form public-private partnerships. Such
contracts and partnerships must require that public transportation
services be coordinated with other public transportation agencies and
systems serving the area and border jurisdictions.
(4) The legislative authorities of cities that are participating
jurisdictions in a transportation benefit district, as provided under
chapter 36.73 RCW, may petition the transportation benefit district for
partial or full funding of supplemental transportation improvements as
prescribed under section 3 of this act.
(5) Supplemental transportation improvements must be consistent
with the city's comprehensive plan under chapter 36.70A RCW.
Sec. 2 RCW 36.73.015 and 2006 c 311 s 24 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "District" means a transportation benefit district created
under this chapter.
(2) "City" means a city or town.
(3) "Transportation improvement" means a project contained in the
transportation plan of the state or a regional transportation planning
organization. A project may include investment in new or existing
highways of statewide significance, principal arterials of regional
significance, high capacity transportation, public transportation, and
other transportation projects and programs of regional or statewide
significance including transportation demand management. Projects may
also include the operation, preservation, and maintenance of these
facilities or programs.
(4) "Supplemental transportation improvement" or "supplemental
improvement" means any project, work, or undertaking to provide public
transportation service, in addition to a district's existing or planned
voter-approved transportation improvements, proposed by a participating
city member of the district under section 3 of this act.
NEW SECTION. Sec. 3 A new section is added to chapter 36.73 RCW
to read as follows:
(1) In districts comprised of more than one member city, the
legislative authorities of any member city that is located in a county
having a population of more than one million five hundred thousand may
petition the district to provide supplemental transportation
improvements.
(2) Upon receipt of a petition as provided in subsection (1) of
this section for supplemental transportation improvements that are to
be fully funded by the petitioner city, including ongoing operating and
maintenance costs, the district must:
(a) Conduct a public hearing, and provide notice and opportunity
for public comment consistent with the requirements of RCW
36.73.050(1); and
(b) Following the hearing, if a majority of the district's
governing board determines that the proposed supplemental
transportation improvements are in the public interest, the district
shall adopt an ordinance providing for the incorporation of the
supplemental improvements into any existing services. The supplemental
transportation improvements must be in addition to existing services
provided by the district. The district shall enter into agreements
with the petitioner city or identified service providers to coordinate
existing services with the supplemental improvements.
(3) Upon receipt of a petition as provided in subsection (1) of
this section for supplemental transportation improvements proposed to
be partially or fully funded by the district, the district must:
(a) Conduct a public hearing, and provide notice and opportunity
for public comment consistent with the requirements of RCW
36.73.050(1); and
(b) Following the hearing, submit a proposition to the voters at
the next special or general election for approval by a majority of the
voters in the district. The proposition must specify the supplemental
transportation improvements to be provided and must estimate the
capital, maintenance, and operating costs to be funded by the district.
(4) If a proposition to incorporate supplemental transportation
improvements is approved by the voters as provided under subsection (3)
of this section, the district shall adopt an ordinance providing for
the incorporation of the supplemental improvements into any existing
services provided by the district. The supplemental improvements must
be in addition to existing services. The district shall enter into
agreements with the petitioner city or identified service providers to
coordinate existing services with the supplemental improvements.
(5) A supplemental transportation improvement must be consistent
with the petitioner city's comprehensive plan under chapter 36.70A RCW.
(6) Unless otherwise agreed to by the petitioner city or by a
majority of the district's governing board, upon adoption of an
ordinance under subsection (2) or (4) of this section, the district
shall maintain its existing public transportation service levels in
locations where supplemental transportation improvements are provided.
NEW SECTION. Sec. 4 A new section is added to chapter 35.58 RCW
to read as follows:
If the legislative authority of a city provides or contracts for
supplemental transportation improvements, as described in section 1 of
this act or under chapter 36.73 RCW, a metropolitan municipal
corporation serving the city or border jurisdictions shall coordinate
its services with the supplemental transportation improvements to
maximize efficiencies in public transportation services within and
across service boundaries.
NEW SECTION. Sec. 5 A new section is added to chapter 36.57A RCW
to read as follows:
If the legislative authority of a city provides or contracts for
supplemental transportation improvements, as described in section 1 of
this act or under chapter 36.73 RCW, a public transportation benefit
area serving the city or border jurisdictions shall coordinate its
services with the supplemental transportation improvements to maximize
efficiencies in public transportation services within and across
service boundaries.
NEW SECTION. Sec. 6 A new section is added to chapter 81.112 RCW
to read as follows:
If the legislative authority of a city provides or contracts for
supplemental transportation improvements, as described in section 1 of
this act or under chapter 36.73 RCW, a regional transit authority
serving the city or border jurisdictions shall coordinate its services
with the supplemental transportation improvements to maximize
efficiencies in public transportation services within and across
service boundaries.
Sec. 7 RCW 35.58.260 and 1965 c 7 s 35.58.260 are each amended to
read as follows:
If a metropolitan municipal corporation shall be authorized to
perform the metropolitan transportation function, it shall, upon the
effective date of the assumption of such power, have and exercise all
rights with respect to the construction, acquisition, maintenance,
operation, extension, alteration, repair, control and management of
passenger transportation which any component city shall have been
previously empowered to exercise and, except as provided in sections 1
and 3 of this act, such powers shall not thereafter be exercised by
such component cities without the consent of the metropolitan municipal
corporation: PROVIDED, That any city owning and operating a public
transportation system on such effective date may continue to operate
such system within such city until such system shall have been acquired
by the metropolitan municipal corporation and a metropolitan municipal
corporation may not acquire such system without the consent of the city
council of such city.
Sec. 8 RCW 35.58.272 and 1975 1st ex.s. c 270 s 1 are each
amended to read as follows:
"Municipality" as used in RCW 35.58.272 through 35.58.279, as now
or hereafter amended, and in RCW 36.57.080, 36.57.100, 36.57.110,
35.58.2721, 35.58.2794, and chapter 36.57A RCW, means any metropolitan
municipal corporation which shall have been authorized to perform the
function of metropolitan public transportation; any county performing
the public transportation function as authorized by RCW 36.57.100 and
36.57.110 or which has established a county transportation authority
pursuant to chapter 36.57 RCW; any public transportation benefit area
established pursuant to chapter 36.57A RCW; and any city, which is not
located within the boundaries of a metropolitan municipal corporation
unless provided otherwise in sections 1 and 3 of this act, county
transportation authority, or public transportation benefit area, and
which owns, operates or contracts for the services of a publicly owned
or operated system of transportation: PROVIDED, That the term
"municipality" shall mean in respect to any county performing the
public transportation function pursuant to RCW 36.57.100 and 36.57.110
only that portion of the unincorporated area lying wholly within such
unincorporated transportation benefit area.
"Motor vehicle" as used in RCW 35.58.272 through 35.58.279, as now
or hereafter amended, shall have the same meaning as in RCW 82.44.010.
"County auditor" shall mean the county auditor of any county or any
person designated to perform the duties of a county auditor pursuant to
RCW 82.44.140.
"Person" shall mean any individual, corporation, firm, association
or other form of business association."
SHB 2179 -
By Committee on Transportation
ADOPTED 03/05/2010
On page 1, line 2 of the title, after "improvements;" strike the remainder of the title and insert "amending RCW 36.73.015, 35.58.260, and 35.58.272; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.73 RCW; adding a new section to chapter 35.58 RCW; adding a new section to chapter 36.57A RCW; and adding a new section to chapter 81.112 RCW."
EFFECT: Sections 7 and 8 are added to eliminate a potential conflict with existing law.