SENATE BILL REPORT

HB 2271

As of February 18, 2010

Title: An act relating to work performed by state forces on ferry vessels or terminals.

Brief Description: Authorizing state forces to perform work on ferry vessels or terminals when estimated costs are less than one hundred twenty thousand dollars.

Sponsors: Representatives Liias, Rodne, Sells, Clibborn, Johnson, Takko, Van De Wege, Springer, Williams, Finn, Nelson, Seaquist and Simpson; by request of Department of Transportation.

Brief History: Passed House: 3/11/09, 94-2; 2/10/10, 62-34.

Committee Activity: Transportation: 2/18/10.

Staff: Janice Baumgardt (786-7319)

Background: Beginning in 2006 the Joint Transportation Committee (JTC) has conducted a study of the Washington State Ferries (WSF). Since then many of the recommendations resulting from the study have been implemented through statutes or transportation budgets.

Capital funding requests must adhere to a long-range, strategic plan that chooses the most efficient balance between capital and operating investments. Pre-design studies are required for terminal projects.

State highways may be constructed, altered, repaired, or improved by state work forces or by contractors. The work may be done by state work forces when estimated costs are less than $60,000.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Proposed Amendments): The Legislature intends this bill, as well as the 2009 transportation budget, to implement recommendations from the JTC ferry study and other changes, to make WSF more efficient.

Funding requests for vessel preservation, acquisition, and improvement projects are subject to the same requirements as terminal projects, as well as some additional pre-design study requirements aimed at ensuring that alternatives are explored and the most cost effective alternative is selected.

The dollar threshold for state work forces working on ferry vessels or terminals is increased to $100,000 if WSF and the unions representing workers at Eagle Harbor Maintenance Facility report to the transportation committees of the Legislature by December 2010 on what steps they have taken to reduce vessel out-of-service time.

WSF is directed to develop performance measures and report its recommendations to the Office of Financial Management and the Legislature in 2011. These measures must include on-time performance by run and the number of passengers affected. These statistics must be prominently displayed on vessels, in terminals, and on the agency's website.

WSF is directed to post signs informing passengers that assaults on state employees will be prosecuted to the full extent of the law. WSF must investigate the frequency, severity, and prosecutorial results of assaults on WSF employees and, if appropriate, make recommendations to the transportation committees of the Senate and House of Representatives during the 2011 Legislative Session. This section expires June 30, 2011.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This requested legislation is the result of a management-labor process and should therefore be rewarded. This will allow work that was traditionally performed by WSF workers to continue to be performed by WSF.

CON: Washington State law presumes that the private sector will do this type of work and this bill will take that work away from small business owners as well as minority and women's business enterprises. If WSF employees aren't busy enough, perhaps it is that they are over-staffed.

OTHER: There are cost implications with the additional requirements (other than the Eagle Harbor issue).

Persons Testifying: PRO: Representative Liias, prime sponsor.

CON: Larry Stevens, Mechanical Contractors Association of Western Washington, National Electrical Contractors Association.

OTHER: David Moseley, WSF, Washington State Department of Transportation.