BILL REQ. #: H-2845.7
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 04/03/09.
AN ACT Relating to transportation funding and appropriations; amending RCW 46.68.170, 47.29.170, 46.16.685, 47.01.380, 47.01.390, 47.60.395, 88.16.090, 47.12.244, 70.95.521, 46.16.725, 46.68.060, 46.63.170, and 46.68.220; creating new sections; making appropriations and authorizing expenditures for capital improvements; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The transportation budget of the state
is hereby adopted and, subject to the provisions set forth, the several
amounts specified, or as much thereof as may be necessary to accomplish
the purposes designated, are hereby appropriated from the several
accounts and funds named to the designated state agencies and offices
for employee compensation and other expenses, for capital projects, and
for other specified purposes, including the payment of any final
judgments arising out of such activities, for the period ending June
30, 2011.
(2) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this act.
(a) "Fiscal year 2010" or "FY 2010" means the fiscal year ending
June 30, 2010.
(b) "Fiscal year 2011" or "FY 2011" means the fiscal year ending
June 30, 2011.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an
unappropriated status.
(e) "Provided solely" means the specified amount may be spent only
for the specified purpose. Unless otherwise specifically authorized in
this act, any portion of an amount provided solely for a specified
purpose that is not expended subject to the specified conditions and
limitations to fulfill the specified purpose shall lapse.
(f) "Reappropriation" means appropriation and, unless the context
clearly provides otherwise, is subject to the relevant conditions and
limitations applicable to appropriations.
(g) "LEAP" means the legislative evaluation and accountability
program committee.
NEW SECTION. Sec. 101 FOR THE UTILITIES AND TRANSPORTATION
COMMISSION
Grade Crossing Protective Account -- State Appropriation . . . . . . . . . . . . $705,000
NEW SECTION. Sec. 102 FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $3,369,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,469,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,699,000 of the motor vehicle account--state appropriation is
provided solely for the office of regulatory assistance integrated
permitting project.
(2) $1,004,000 of the motor vehicle account--state appropriation is
provided solely for the continued maintenance and support of the
transportation executive information system. Of the amount provided in
this subsection, $502,000 is for two existing FTEs at the department of
transportation to maintain and support the system.
NEW SECTION. Sec. 103 FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $446,000
NEW SECTION. Sec. 104 FOR THE STATE PARKS AND RECREATION
COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,406,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation in this section
is provided solely for road maintenance purposes and for the operation
of the department of archaeology and historic preservation.
NEW SECTION. Sec. 105 FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,507,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $351,000 of the motor vehicle account -- state appropriation is
provided solely for costs associated with the motor fuel quality
program.
(2) $1,004,000 of the motor vehicle account--state appropriation is
provided solely to test the quality of biofuel. The department must
test fuel quality at the biofuel manufacturer, distributor, and
retailer.
NEW SECTION. Sec. 106 FOR THE LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $502,000
NEW SECTION. Sec. 107 FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW
COMMITTEE
(1) As part of its 2009-11 fiscal biennium work plan, the joint
legislative audit and review committee shall audit the capital cost
accounting practices of the Washington state ferries. The audit must
review the following and provide a report on its findings and any
related recommendations to the legislature by January 2011:
(a) Costs assigned to capital accounts to determine whether they
are capital costs that meet the statutory requirements for preservation
and improvement activities and whether they are within the scope of
legislative appropriations;
(b) Implementation of the life-cycle cost model required under RCW
47.60.345 to determine if it was developed as required and is
maintained and updated when asset inspections are made; and
(c) Washington state ferries' implementation of the cost allocation
methodology evaluated under section 205, chapter 518, Laws of 2007,
assessing whether actual costs are allocated consistently with the
methodology, whether there are sufficient internal controls to ensure
proper allocation, and the adequacy of staff training.
(2) The joint legislative audit and review committee shall use
existing staff and resources to conduct a review of scoping and cost
estimates for transportation highway improvement and preservation
projects funded in whole, or in part, by transportation partnership
account--state and transportation 2003 account (nickel account)--state
funds, excluding mega-projects. The review will examine whether the
scoping and cost estimates guidelines used by the department of
transportation are consistent with general construction industry
practices and other appropriate standards. The review will include an
analysis of a sample of scope and cost estimates for future projects.
A report on the committee's findings and recommendations must be
submitted to the house of representatives and senate transportation
committees by December 2009.
NEW SECTION. Sec. 201 FOR THE WASHINGTON TRAFFIC SAFETY
COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $2,542,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $16,540,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,340,000
TOTAL APPROPRIATION . . . . . . . . . . . . $22,422,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The commission may oversee no more than five pilot projects
implementing the use of automated traffic safety cameras to detect
speed violations.
(a) The commission shall comply with RCW 46.63.170 in administering
the projects.
(b) In order to ensure adequate time in the 2009-11 fiscal biennium
to evaluate the effectiveness of the pilot projects, any projects
authorized by the commission must be authorized by December 31, 2009.
(c) By January 1, 2011, the commission shall provide a report to
the legislature regarding the use, public acceptance, outcomes, and
other relevant issues regarding automated traffic safety cameras
demonstrated by the projects.
(2) $2,670,000 of the highway safety account--federal appropriation
is provided solely for a target zero trooper pilot program, which the
commission shall develop and implement in collaboration with the
Washington state patrol. The pilot program must demonstrate the
effectiveness of intense, high visibility, driving under the influence
enforcement in Washington. The commission shall apply to the national
highway traffic safety administration for federal highway safety grants
to cover the cost of the pilot program. If the pilot program is
approved for funding by the national highway traffic safety
administration, and sufficient federal grants are received, the
commission shall provide grants to the Washington state patrol for the
purchase of twenty-one fully equipped patrol vehicles in fiscal year
2010, and up to twenty-four months of salaries and benefits for
eighteen troopers and three sergeants beginning in fiscal year 2011.
The legislature anticipates that an additional $1,830,000 will be
appropriated from the highway safety account--federal in the 2011-13
fiscal biennium to conclude this pilot program.
NEW SECTION. Sec. 202 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $920,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,129,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $1,423,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,472,000
NEW SECTION. Sec. 203 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $1,824,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $1,827,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,651,000
NEW SECTION. Sec. 204 FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,501,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $236,000 of the motor vehicle account--state appropriation is
a reappropriation from the 2007-09 fiscal biennium for a comprehensive
analysis of mid-term and long-term transportation funding mechanisms
and methods. Elements of the study will include existing data and
trends, policy objectives, performance and evaluation criteria,
incremental transition strategies, and possibly, scaled testing.
Baseline data and methods assessment must be concluded by December 31,
2009. Performance criteria must be developed by June 30, 2010, and
recommended planning level alternative funding strategies must be
completed by December 31, 2010.
(2) $200,000 of the motor vehicle account--state appropriation is
for the joint transportation committee to convene an independent expert
review panel to review the assumptions for toll operations costs used
by the department to model financial plans for tolled facilities. The
joint transportation committee shall provide a report to the house of
representatives and senate transportation committees by September 1,
2009.
NEW SECTION. Sec. 205 FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,887,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,999,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify the schedule of fares for the Washington state ferry
system. The transportation commission may increase ferry fares,
except no fare schedule modifications may be made prior to September 1,
2009. For purposes of this subsection, "modify" includes increases or
decreases to the schedule.
(2) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall establish, periodically review,
and, if necessary, modify a schedule of toll charges applicable to the
state route number 167 high occupancy toll lane pilot project, as
required under RCW 47.56.403. For purposes of this subsection,
"modify" includes increases or decreases to the schedule.
(3) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify the schedule of toll charges applicable to the Tacoma
Narrows bridge, taking into consideration the recommendations of the
citizen advisory committee created under RCW 47.46.091. For purposes
of this subsection, "modify" includes increases or decreases to the
schedule.
(4) The commission may name state ferry vessels consistent with its
authority to name state transportation facilities under RCW 47.01.420.
When naming or renaming state ferry vessels, the commission shall
consider selling the naming rights and shall make recommendations to
the legislature regarding this option.
NEW SECTION. Sec. 206 FOR THE FREIGHT MOBILITY STRATEGIC
INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $695,000
The appropriation in this section is subject to the following
conditions and limitations: The freight mobility strategic investment
board shall, on a quarterly basis, provide status reports to the office
of financial management and the transportation committees of the
legislature on the delivery of projects funded by this act.
NEW SECTION. Sec. 207 FOR THE WASHINGTON STATE PATROL -- FIELD
OPERATIONS BUREAU
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . $232,147,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $10,602,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $859,000
TOTAL APPROPRIATION . . . . . . . . . . . . $243,608,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Washington state patrol officers engaged in off-duty uniformed
employment providing traffic control services to the department of
transportation or other state agencies may use state patrol vehicles
for the purpose of that employment, subject to guidelines adopted by
the chief of the Washington state patrol. The Washington state patrol
shall be reimbursed for the use of the vehicle at the prevailing state
employee rate for mileage and hours of usage, subject to guidelines
developed by the chief of the Washington state patrol.
(2) The patrol shall not account for or record locally provided DUI
cost reimbursement payments as expenditure credits to the state patrol
highway account. The patrol shall report the amount of expected
locally provided DUI cost reimbursements to the office of financial
management and transportation committees of the legislature by
September 30th of each year.
(3) During the 2009-11 fiscal biennium, the Washington state patrol
shall continue to perform traffic accident investigations on Thurston
county roads, and shall work with the county to transition the traffic
accident investigations on Thurston county roads to the county by July
1, 2011.
(4) $2,125,000 of the state patrol highway account--state
appropriation is provided solely for the Washington state patrol to
increase the enrollment in each of the academy classes to fifty-five
cadets during the 2009-11 fiscal biennium.
(5) The Washington state patrol shall collaborate with the
Washington traffic safety commission to develop and implement the
target zero trooper pilot program referenced in section 201(2) of this
act.
(6) The Washington state patrol shall discuss the implementation of
the pilot program described under section 218(2) of this act with any
union representing the affected employees.
(7) The Washington state patrol shall assign necessary personnel
and equipment to implement and operate the pilot program described
under section 218(2) of this act using the portion of the automated
traffic safety camera fines deposited into the state patrol highway
account, but not to exceed $370,000. If the fines deposited into the
state patrol highway account from automated traffic safety camera
infractions do not reach $370,000, the department of transportation
shall remit funds necessary to the Washington state patrol to ensure
the completion of the pilot program.
NEW SECTION. Sec. 208 FOR THE WASHINGTON STATE PATROL -- INVESTIGATIVE SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $1,557,000
NEW SECTION. Sec. 209 FOR THE WASHINGTON STATE PATROL -- TECHNICAL SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $104,137,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $2,008,000
TOTAL APPROPRIATION . . . . . . . . . . . . $106,145,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The Washington state patrol shall work with the risk management
division in the office of financial management in compiling the
Washington state patrol's data for establishing the agency's risk
management insurance premiums to the tort claims account. The office
of financial management and the Washington state patrol shall submit a
report to the legislative transportation committees by December 31st of
each year on the number of claims, estimated claims to be paid, method
of calculation, and the adjustment in the premium.
(2) $8,673,000 of the total appropriation is provided solely for
automobile fuel in the 2009-11 fiscal biennium.
(3) $8,638,000 of the total appropriation is provided solely for
the purchase of pursuit vehicles.
(4) $6,328,000 of the total appropriation is provided solely for
vehicle repair and maintenance costs of vehicles used for highway
purposes.
(5) $384,000 of the total appropriation is provided solely for the
purchase of mission vehicles used for highway purposes in the
commercial vehicle and traffic investigation sections of the Washington
state patrol.
(6) The Washington state patrol may submit information technology-related requests for funding only if the patrol has coordinated with
the department of information services as required under section 601 of
this act.
(7) $800,000 of the state patrol highway account--state
appropriation is provided solely for the Washington state patrol to
increase the enrollment in each of the academy classes to fifty-five
cadets during the 2009-11 fiscal biennium.
NEW SECTION. Sec. 210 FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . $4,373,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $837,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $145,403,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $8,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $78,671,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,372,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $242,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $4,718,000
Washington State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . $738,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . $2,490,000
TOTAL APPROPRIATION . . . . . . . . . . . . $238,884,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) By November 1, 2009, the department of licensing, working
with the department of revenue, shall analyze and plan for the transfer
by July 1, 2010, of the administration of fuel taxes imposed under
chapters 82.36, 82.38, 82.41, and 82.42 RCW and other provisions of law
from the department of licensing to the department of revenue. By
November 1, 2009, the departments shall report findings and
recommendations to the governor and the transportation and fiscal
committees of the legislature.
(b) The analysis and planning directed under this subsection must
include, but is not limited to, the following:
(i) Outreach to and solicitation of comment from parties affected
by the fuel taxes, including taxpayers, industry associations, state
and federal agencies, and Indian tribes, and from the transportation
and fiscal committees of the legislature;
(ii) Identification and analysis of relevant factors including, but
not limited to:
(A) Taxpayer reporting and payment processes;
(B) The international fuel tax agreement;
(C) Proportional registration under the provisions of the
international registration plan and chapter 46.87 RCW;
(D) Computer systems;
(E) Best management practices and efficiencies;
(F) Costs; and
(G) Personnel matters;
(iii) Development of recommended actions to accomplish the
transfer; and
(iv) An implementation plan and schedule.
(c) The report must include draft legislation, which transfers
administration of fuel taxes as described under (a) of this subsection
to the department of revenue on July 1, 2010, and amends existing law
as needed.
(2) $55,845,000 of the highway safety account--state appropriation
is provided solely for the driver examining program. The department
shall not close any licensing service offices other than the following
anticipated closures: (a) Auburn; (b) Bellevue; (c) Bothell; (d) East
Seattle; (e) Greenwood; (f) Othello; (g) West Tacoma; (h) Vancouver;
(i) Yakima; and (j) the driver/vehicle licensing service office in the
highway-licensing building in Olympia. The department shall, on a
quarterly basis, report to the transportation committees of the
legislature the following monthly data by licensing service office
locations: (a) Lease costs; (b) salary and benefit costs; (c) other
expenditures; (d) FTEs; (e) number of transactions completed, by type
of transaction; and (f) office hours.
(3) $11,688,000 of the highway safety account--state appropriation
is provided solely for costs associated with: Issuing enhanced
drivers' licenses and identicards at the enhanced licensing services
offices; extended hours at those licensing services offices; cross-
border tourism education; and other education campaigns. This is the
maximum amount the department may expend for this purpose.
(4) $2,490,000 of the ignition interlock device revolving account--state appropriation is provided solely for the department to assist
indigent persons with the costs of installing, removing, and leasing
the device, and applicable licensing pursuant to RCW 46.68.340.
(5) By December 31, 2009, the department shall report to the office
of financial management and the transportation committees of the
legislature a cost-benefit analysis of leasing versus purchasing field
office equipment.
(6) By December 31, 2009, the department shall submit to the office
of financial management and the transportation committees of the
legislature draft legislation that rewrites RCW 46.52.130 (driving
record abstracts) in plain language.
(7) The department may seek federal funds to implement a driver's
license and identicard biometric matching system pilot program to
verify the identity of applicants for, and holders of, drivers'
licenses and identicards. If funds are received, the department shall
report any benefits or problems identified during the course of the
pilot program to the transportation committees of the legislature upon
the completion of the program.
(8) The department may submit information technology-related
requests for funding only if the department has coordinated with the
department of information services as required under section 601 of
this act.
(9) Consistent with the authority delegated to the director of
licensing under RCW 46.01.100, the department may adopt a new
organizational structure that includes the following programs: (a)
Driver and vehicle services, which must encompass services relating to
driver licensing customers, vehicle industry and fuel tax licensees,
and vehicle and vessel licensing and registration; and (b) driver
policy and programs, which must encompass policy development for all
driver-related programs, including driver examining, driver records,
commercial driver's license testing and auditing, driver training
schools, motorcycle safety, technical services, hearings, driver
special investigations, drivers' data management, central issuance
contract management, and state and federal initiatives.
NEW SECTION. Sec. 211 FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . $2,867,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $585,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . $27,358,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $60,260,000
TOTAL APPROPRIATION . . . . . . . . . . . . $91,070,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall make detailed quarterly expenditure
reports available to the transportation commission and to the public on
the department's web site using current department resources. The
reports must include a summary of revenue generated by tolls on the
Tacoma Narrows bridge and an itemized depiction of the use of that
revenue.
(2) The department shall work with the office of financial
management to review the Tacoma Narrows bridge insurance coverage,
deductibles, and limitations to assure that the asset is well protected
at a reasonable cost. Results from this review must be used to
negotiate any future new or extended insurance agreements.
(3) $60,260,000 of the state route number 520 corridor account is
provided solely for costs directly related to tolling the state route
number 520 floating bridge.
NEW SECTION. Sec. 212 FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $2,675,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $69,811,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $240,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $2,676,000
TOTAL APPROPRIATION . . . . . . . . . . . . $75,765,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall consult with the office of financial
management and the department of information services to: (a) Ensure
that the department's current and future system development is
consistent with the overall direction of other key state systems; and
(b) when possible, use or develop common statewide information systems
to encourage coordination and integration of information used by the
department and other state agencies and to avoid duplication.
(2) The department shall provide updated information on six project
milestones for all active projects, funded in part or in whole with
2005 transportation partnership account funds or 2003 nickel account
funds, on a quarterly basis in the transportation executive information
system (TEIS). The department shall also provide updated information
on six project milestones for projects, funded with preexisting funds
and that are agreed to by the legislature, office of financial
management, and the department, on a quarterly basis in TEIS.
(3) $1,216,000 of the transportation partnership account--state
appropriation and $1,216,000 of the transportation 2003 account (nickel
account)--state appropriation are provided solely for the department to
develop a project management and reporting system which is a collection
of integrated tools for capital construction project managers to use to
perform all the necessary tasks associated with project management.
The department shall integrate commercial off-the-shelf software with
existing department systems and enhanced approaches to data management
to provide web-based access for multi-level reporting and improved
business workflows and reporting. On a quarterly basis, the department
shall report to the office of financial management and the
transportation committees of the legislature on the status of the
development and integration of the system. At a minimum, the reports
shall indicate the status of the work as it compares to the work plan,
any discrepancies, and proposed adjustments necessary to bring the
project back on schedule or budget if necessary.
(4) The department may submit information technology-related
requests for funding only if the department has coordinated with the
department of information services as required under section 601 of
this act.
NEW SECTION. Sec. 213 FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $25,501,000
NEW SECTION. Sec. 214 FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . $6,009,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,159,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $50,000 of the aeronautics account--state appropriation is a
reappropriation provided solely to pay any outstanding obligations of
the aviation planning council, which expires July 1, 2009.
(2) $150,000 of the aeronautics account--state appropriation is a
reappropriation provided solely to complete runway preservation
projects.
NEW SECTION. Sec. 215 FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $49,142,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
Water Pollution Account--State Appropriation . . . . . . . . . . . . $2,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $51,892,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall develop a plan for all current and future
surplus property parcels based on the recommendations from the surplus
property legislative work group that were presented to the senate
transportation committee on February 26, 2009. The plan must include,
at a minimum, strategies for maximizing the number of parcels sold, a
schedule that optimizes proceeds, a recommended cash discount, a plan
to report to the joint transportation committee, a recommendation for
regional incentives, and a recommendation for equivalent value
exchanges. This plan must accompany the department's 2010 supplemental
budget request.
(2) The legislature recognizes that the Dryden pit site (WSDOT
Inventory Control (IC) No. 2-04-00103) is unused state-owned real
property under the jurisdiction of the department of transportation,
and that the public would benefit significantly from the complete
enjoyment of the natural scenic beauty and recreational opportunities
available at the site. Therefore, pursuant to RCW 47.12.080, the
legislature declares that transferring the property to the department
of fish and wildlife is consistent with the public interest in order to
preserve the area for the use of the public. The department of
transportation shall transfer and convey the Dryden pit site to the
department of fish and wildlife for adequate consideration in the
amount of $600,000, the proceeds of which must be deposited in the
motor vehicle fund.
(3) $2,000,000 of the water pollution account--state appropriation
is provided solely for the department's compliance with its national
pollution discharge elimination system permit, consistent with the
purposes described in Substitute House Bill No. 1614, addressing
petroleum pollution in storm water.
(4) The department shall work with the department of ecology, the
county road administration board, and the transportation improvement
board to develop model procedures, and municipal and state rules, to
maximize the use of permeable concrete and asphalt on road construction
and preservation projects. The department shall report to the joint
transportation committee by December 1, 2009, with recommendations that
will increase the use of permeable concrete and asphalt at the state
and local level, and reduce the need for more costly alternative
methods of storm water mitigation.
NEW SECTION. Sec. 216 FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $565,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $200,000
TOTAL APPROPRIATION . . . . . . . . . . . . $765,000
The appropriations in this section are subject to the following
conditions and limitations: $200,000 of the multimodal transportation
account--state appropriation is provided solely for the department to
develop and implement public private partnerships at high priority
terminals as identified in the January 12, 2009, final report on joint
development opportunities at Washington state ferries terminals. The
department shall first consider a mutually beneficial agreement at the
Edmonds terminal.
NEW SECTION. Sec. 217 FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $346,887,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,000,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $5,797,000
Water Pollution Account--State Appropriation . . . . . . . . . . . . $12,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . $367,184,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) If portions of the appropriations in this section are required
to fund maintenance work resulting from major disasters not covered by
federal emergency funds such as fire, flooding, snow, and major slides,
supplemental appropriations must be requested to restore state funding
for ongoing maintenance activities.
(2) The department shall request an unanticipated receipt for any
federal moneys received for emergency snow and ice removal and shall
place an equal amount of the motor vehicle account -- state into
unallotted status. This exchange shall not affect the amount of
funding available for snow and ice removal.
(3) The department shall request an unanticipated receipt for any
private or local funds received for reimbursements of third party
damages that are in excess of the motor vehicle account -- private/local
appropriation.
(4) $2,000,000 of the motor vehicle account--federal appropriation
is for unanticipated federal funds that may be received during the
2009-11 fiscal biennium. Upon receipt of the funds, the department
shall provide a report on the use of the funds to the transportation
committees of the legislature and the office of financial management.
(5) The department may incur costs related to the maintenance of
the decorative lights on the Tacoma Narrows bridge only if:
(a) The nonprofit corporation, narrows bridge lights organization,
maintains an account balance sufficient to reimburse the department for
all costs; and
(b) The department is reimbursed from the narrows bridge lights
organization within three months from the date any maintenance work is
performed. If the narrows bridge lights organization is unable to
reimburse the department for any future costs incurred, the lights must
be removed at the expense of the narrows bridge lights organization
subject to the terms of the contract.
(6) The department may work with the department of corrections to
utilize corrections crews for the purposes of litter pickup on state
highways.
(7) $650,000 of the motor vehicle account--state appropriation is
provided solely for increased asphalt costs. If Senate Bill No. 5976
is not enacted by June 30, 2009, the amount provided in this subsection
shall lapse.
(8) $16,800,000 of the motor vehicle account--state appropriation
is provided solely for the high priority maintenance backlog.
Addressing the maintenance backlog must result in increased levels of
service.
(9) The department shall provide a cost-benefit analysis to the
house and senate transportation committees by January 15, 2010, on
replacing all illuminated guide signs in the state with a super high
efficiency, retroflective sheeting for optimal performance and sign
illumination to be completed by June 30, 2014. The report shall
include an update on replacements from illuminated guide signs with a
super high efficiency, retroflective sheeting that have occurred since
January 15, 2010.
(10) $12,500,000 of the water pollution account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit, consistent
with the purposes described in Substitute House Bill No. 1614,
addressing petroleum pollution in storm water.
NEW SECTION. Sec. 218 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $51,353,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $127,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $88,000
TOTAL APPROPRIATION . . . . . . . . . . . . $53,618,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,400,000 of the motor vehicle account--state appropriation is
provided solely for low-cost enhancements. The department shall give
priority to low-cost enhancement projects that improve safety or
provide congestion relief. The department shall prioritize low-cost
enhancement projects on a statewide rather than regional basis. By
September 1st of each even-numbered year, the department shall provide
a report to the legislature listing all low-cost enhancement projects
prioritized on a statewide rather than regional basis completed in the
prior year.
(2) The department, in consultation with the Washington state
patrol, may continue a pilot program for the patrol to issue
infractions based on information from automated traffic safety cameras
in roadway construction zones on state highways when workers are
present. The department shall use the following guidelines to
administer the program:
(a) Automated traffic safety cameras may only take pictures of the
vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle;
(b) The department shall plainly mark the locations where the
automated traffic safety cameras are used by placing signs on locations
that clearly indicate to a driver that he or she is entering a roadway
construction zone where traffic laws are enforced by an automated
traffic safety camera;
(c) Notices of infractions must be mailed to the registered owner
of a vehicle within fourteen days of the infraction occurring;
(d) The owner of the vehicle is not responsible for the violation
if the owner of the vehicle, within fourteen days of receiving
notification of the violation, mails to the patrol, a declaration under
penalty of perjury, stating that the vehicle involved was, at the time,
stolen or in the care, custody, or control of some person other than
the registered owner, or any other extenuating circumstances;
(e) For purposes of the 2009-11 fiscal biennium pilot program,
infractions detected through the use of automated traffic safety
cameras are not part of the registered owner's driving record under RCW
46.52.101 and 46.52.120. Additionally, infractions generated by the
use of automated traffic safety cameras must be processed in the same
manner as parking infractions for the purposes of RCW 3.50.100,
35.20.220, 46.16.216, and 46.20.270(3). However, the amount of the
fine issued under this subsection (2) for an infraction generated
through the use of an automated traffic safety camera is one hundred
thirty-seven dollars. The court shall remit thirty-two dollars of the
fine to the state treasurer for deposit into the state patrol highway
account; and
(f) If a notice of infraction is sent to the registered owner and
the registered owner is a rental car business, the infraction must be
dismissed against the business if it mails to the patrol, within
fourteen days of receiving the notice, a declaration under penalty of
perjury of the name and known mailing address of the individual driving
or renting the vehicle when the infraction occurred. If the business
is unable to determine who was driving or renting the vehicle at the
time the infraction occurred, the business must sign a declaration
under penalty of perjury to this effect. The declaration must be
mailed to the patrol within fourteen days of receiving the notice of
traffic infraction. Timely mailing of this declaration to the issuing
agency relieves a rental car business of any liability under this
section for the notice of infraction. A declaration form suitable for
this purpose must be included with each automated traffic infraction
notice issued, along with instructions for its completion and use.
(3) The department shall implement a pilot project to evaluate the
benefits of using electronic traffic flagging devices. Electronic
traffic flagging devices must be tested by the department at multiple
sites and reviewed for efficiency and safety. The department shall
report to the transportation committees of the legislature on the best
use and practices involving electronic traffic flagging devices,
including recommendations for future use, by June 30, 2010.
(4) $88,000 of the state route number 520 corridor account is
provided solely for costs directly related to tolling the state route
number 520 floating bridge.
NEW SECTION. Sec. 219 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $29,389,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $973,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $801,000
TOTAL APPROPRIATION . . . . . . . . . . . . $31,193,000
The appropriations in this section are subject to the following
conditions and limitations: $801,000 of the state route number 520
corridor account is provided solely for costs directly related to
tolling the state route number 520 floating bridge.
NEW SECTION. Sec. 220 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $26,470,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $19,116,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $696,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,809,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $49,191,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $150,000 of the motor vehicle account--federal appropriation is
provided solely for the costs to develop an electronic map-based
computer application that will enable law enforcement officers and
others to more easily locate collisions and other incidents in the
field.
(2) The department shall work with the department of ecology, the
county road administration board, and the transportation improvement
board to develop model procedures, and municipal and state rules, to
maximize the use of permeable concrete and asphalt on road construction
and preservation projects. The department shall report to the joint
transportation committee by December 1, 2009, with recommendations that
will increase the use of permeable concrete and asphalt at the state
and local level, and reduce the need for more costly alternative
methods of stormwater mitigation.
(3) The department shall, to the greatest extent practicable,
maximize the use of recycled concrete and asphalt on road construction
and preservation projects. The department shall report to the joint
transportation committee by December 1, 2010, regarding the use of
recycled concrete and asphalt. The report must include, at a minimum,
how much recycled concrete and asphalt was used and the resulting cost
savings to the state.
(4) $600,000 of the motor vehicle account--state appropriation is
provided solely for a diesel multiple unit feasibility and initial
planning study. The study must evaluate potential service on the
Stampede Pass line from Maple Valley to Auburn via Covington. The
study must evaluate the potential demand for service, the business
model and capital needs for launching and running the line, and the
need for improvements in switching, signaling, and tracking. A report
on the study must be submitted to the legislature by June 30, 2010.
(5) $400,000 of the motor vehicle account--state appropriation is
provided solely for a state route number 2 development plan as
described in Substitute House Bill No. 1575.
(6) $400,000 of the motor vehicle account--state appropriation is
provided solely for a study of the use of tolls to help fund future
capacity and connection improvements on state route number 167 and
state route number 509. A report on the study must be submitted to the
house of representatives and senate transportation committees by
September 30, 2010.
(7) $243,000 of the motor vehicle account--state appropriation and
$81,000 of the motor vehicle account--federal appropriation are
provided solely for the development of a freight database to help guide
freight investment decisions and track project effectiveness. The
database must be based on truck movement tracked through geographic
information system technology. TransNow shall contribute additional
federal funds that are not appropriated in this act. The department
shall work with the freight mobility strategic investment board to
implement this database.
NEW SECTION. Sec. 221 FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $87,331,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $561,000
TOTAL APPROPRIATION . . . . . . . . . . . . $88,292,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The office of financial management must provide a detailed
accounting of the revenues and expenditures of the self- insurance fund
to the transportation committees of the legislature on December 31st
and June 30th of each year.
(2) Payments in this section represent charges from other state
agencies to the department of transportation.
(a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT
DIVISION OF RISK MANAGEMENT FEES . . . . . . . . . . . . $1,639,000
(b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE
AUDITOR . . . . . . . . . . . . $937,000
(c) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL
ADMINISTRATION . . . . . . . . . . . . $6,060,000
(d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
PERSONNEL . . . . . . . . . . . . $6,347,000
(e) FOR PAYMENT OF SELF-INSURANCE LIABILITY
PREMIUMS AND ADMINISTRATION . . . . . . . . . . . . $44,418,000
(f) FOR ARCHIVES AND RECORDS MANAGEMENT . . . . . . . . . . . . $623,000
(g) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS
ENTERPRISES . . . . . . . . . . . . $1,008,000
(h) FOR USE OF FINANCIAL AND REPORTING SYSTEMS
PROVIDED BY THE OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . $1,143,000
(i) FOR POLICY AND SYSTEM ASSISTANCE FROM THE
DEPARTMENT OF INFORMATION SERVICES . . . . . . . . . . . . $1,477,000
(j) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE . . . . . . . . . . . . $8,526,000
(k) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE FOR THE SECOND PHASE OF THE BOLDT
LITIGATION . . . . . . . . . . . . $672,000
NEW SECTION. Sec. 222 FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $36,208,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $78,845,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,582,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,027,000
TOTAL APPROPRIATION . . . . . . . . . . . . $118,662,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $26,000,000 of the multimodal transportation account -- state
appropriation is provided solely for a grant program for special needs
transportation provided by transit agencies and nonprofit providers of
transportation.
(a) $6,000,000 of the amount provided in this subsection is
provided solely for grants to nonprofit providers of special needs
transportation. Grants for nonprofit providers shall be based on need,
including the availability of other providers of service in the area,
efforts to coordinate trips among providers and riders, and the cost
effectiveness of trips provided.
(b) $20,000,000 of the amount provided in this subsection is
provided solely for grants to transit agencies to transport persons
with special transportation needs. To receive a grant, the transit
agency must have a maintenance of effort for special needs
transportation that is no less than the previous year's maintenance of
effort for special needs transportation. Grants for transit agencies
shall be prorated based on the amount expended for demand response
service and route deviated service in calendar year 2007 as reported in
the "Summary of Public Transportation - 2007" published by the
department of transportation. No transit agency may receive more than
thirty percent of these distributions.
(2) Funds are provided for the rural mobility grant program as
follows:
(a) $9,500,000 of the multimodal transportation account -- state
appropriation is provided solely for grants for those transit systems
serving small cities and rural areas as identified in the "Summary of
Public Transportation - 2007" published by the department of
transportation. Noncompetitive grants must be distributed to the
transit systems serving small cities and rural areas in a manner
similar to past disparity equalization programs.
(b) $9,500,000 of the multimodal transportation account -- state
appropriation is provided solely to providers of rural mobility service
in areas not served or underserved by transit agencies through a
competitive grant process.
(c) $1,000,000 of the multimodal transportation account--state
appropriation is provided solely for vanpool grants to rural transit
agencies to cover the capital cost of adding vans. The grants must be
administered under the same rules and criteria as the statewide vanpool
grant program.
(3) $11,600,000 of the multimodal transportation account--state
appropriation is provided solely for a statewide vanpool grant program
for public transit agencies to cover the capital costs of vans. At
least $3,600,000 of this amount must be used for vanpool grants in
congested corridors in King, Pierce, Snohomish, Thurston, Clark, and
Spokane counties.
(4) $500,000 of the multimodal transportation account--state
appropriation is provided solely to expand park and ride lot capacity
through short-term lease agreements and relocation incentives for
carpools and vanpools.
(5)(a) $2,500,000 of the multimodal transportation account--state
appropriation is provided solely for grants to cities and counties to
expand the commute trip reduction program established in RCW 70.94.521
through 70.94.555 to: (i) Increase voluntary participation by medium-sized employers (fifty to one hundred employees) in affected urban
growth areas; and (ii) provide state technical support for the expanded
program. The commute trip reduction board shall establish criteria for
grants and statewide trip reduction goals for medium-sized employers,
and report biennially on achievement of the goals as part of the
board's legislative report.
(b) $2,500,000 of the multimodal transportation account--state
appropriation is provided solely for: (i) Grants to local governments
primarily for small employers (under fifty employees) pursuant to the
provisions for growth and transportation efficiency centers established
under RCW 70.94.521 through 70.94.555; (ii) state technical support;
and (iii) the measurement of the effectiveness of the program.
(6) $400,000 of the multimodal transportation account--state
appropriation is provided solely for a grant for a flexible carpooling
pilot project program to be administered and monitored by the
department. Funds are appropriated for one time only. The pilot
project program must: Test and implement at least one flexible
carpooling system in a high-volume commuter area that enables
carpooling without prearrangement; utilize technologies that, among
other things, allow for transfer of ride credits between participants;
and be a membership system that involves prescreening to ensure safety
of the participants. The program must include a pilot project that
targets commuter traffic on the state route number 520 bridge. The
department shall submit to the legislature by December 2010 a report on
the program results and any recommendations for additional flexible
carpooling programs.
(7) $3,317,808 of the multimodal transportation account--state
appropriation and $21,248,089 of the regional mobility grant program
account--state appropriation are reappropriated and provided solely for
the regional mobility grant projects identified in LEAP Transportation
Document 2007-B, as developed April 20, 2007; LEAP Transportation
Document 2006-D, as developed March 8, 2006; or as selected by the
legislature from the priority list to be submitted by the department in
January 2009. Any project that has been awarded funds but has not
reported activity within one year of the grant award must be reviewed
by the department to determine whether the grant award should be
terminated. If the grant award is terminated, the funds lapse. It is
the intent of the legislature to appropriate funds through the regional
mobility grant program only for projects that will be completed on
schedule.
(8) $14,959,600 of the regional mobility grant program account--state appropriation is provided solely for the regional mobility grant
projects identified in LEAP Transportation Document 2009-B, as
developed March 30, 2009. The department shall review all projects
receiving grant awards under this program at least semiannually to
determine whether the projects are making satisfactory progress. Any
project that has been awarded funds, but does not report activity on
the project within one year of the grant award, must be reviewed by the
department to determine whether the grant should be terminated. The
department shall promptly close out grants when projects have been
completed, and any remaining funds available to the office of transit
mobility must be used only to fund projects identified in LEAP
Transportation Document 2009-B, as developed March 30, 2009. The
department shall provide annual status reports on December 15, 2009,
and December 15, 2010, to the office of financial management and the
transportation committees of the legislature regarding the projects
receiving the grants. It is the intent of the legislature to
appropriate funds through the regional mobility grant program only for
projects that will be completed on schedule.
(9) $80,000 of the multimodal transportation account--state
appropriation is provided solely to the department of transportation to
distribute for implementation of the work group related to federal
requirements in section 1, chapter . . . (Engrossed Substitute House
Bill No. 2072), Laws of 2009 (special needs transportation). If
Engrossed Substitute House Bill No. 2072 is not enacted by June 30,
2009, the amount provided in this section shall lapse.
NEW SECTION. Sec. 223 FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $404,720,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $52,463,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for auto ferry vessel operating fuel
in the 2009-11 fiscal biennium. Any expenditures for fuel hedging
payments may be considered vessel operating fuel payments.
(2) To protect the waters of Puget Sound, the Washington state
ferries shall investigate nontoxic alternatives to fuel additives and
other commercial products that are used to operate, maintain, and
preserve vessels.
(3) If the Washington state ferries considers implementing a fuel
surcharge, they must first submit an analysis and business plan to the
office of financial management and either the joint transportation
committee or the transportation committees of the legislature. The
analysis must include an evaluation of other cost savings and fuel
price stabilization strategies that would be implemented before the
imposition of a fuel surcharge.
(4) The department shall strive to significantly reduce the number
of injuries suffered by Washington state ferries employees. By
December 15, 2009, the department shall submit to the office of
financial management and the transportation committees of the
legislature its implementation plan to reduce such injuries.
(5) The Washington state ferries shall continue to provide service
to Sidney, British Columbia. The Washington state ferries may place a
Sidney terminal departure surcharge on fares for out of state residents
riding the Washington state ferry route that runs between Anacortes,
Washington and Sidney, British Columbia, if the cost for
landing/license fee, taxes, and additional amounts charged for docking
are in excess of $280,000 CDN. The surcharge must be limited to
recovering amounts above $280,000 CDN.
(6) The Washington state ferries shall analyze operational
solutions to enhance service on the Bremerton to Seattle ferry run.
The Washington state ferries shall report their analysis to the
transportation committees of the legislature by December 1, 2009.
(7) The office of financial management budget instructions require
agencies to recast enacted budgets into activities. The Washington
state ferries shall include a greater level of detail in the recast of
the ferry budget, as determined jointly by the office of financial
management, the Washington state ferries, and the legislative
transportation committees.
(8) $8,000,000 of the Puget Sound ferry operations account--state
appropriation is to be placed in unallotted status until the office of
financial management, after consultation with the house of
representatives and senate transportation committees, has approved the
rates and conditions of commercial insurance purchased for ferry
assets.
NEW SECTION. Sec. 224 FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $34,933,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $29,091,000 of the multimodal transportation account--state
appropriation is provided solely for the Amtrak service contract and
Talgo maintenance contract associated with providing and maintaining
the state-supported passenger rail service. Upon completion of the
rail platform project in the city of Stanwood, the department shall
provide daily Amtrak Cascades service to the city.
(2) Amtrak Cascade runs may not be eliminated.
(3) The department shall begin planning for a third roundtrip
Cascades train between Seattle and Vancouver, B.C. by 2010.
NEW SECTION. Sec. 225 FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $8,739,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,306,000
NEW SECTION. Sec. 301 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $3,126,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $1,626,000 of the state patrol highway account--state
appropriation is provided solely for the following minor works
projects: $450,000 for Shelton training academy roofs; $150,000 for
HVAC control replacements; $168,000 for upgrades to scales; $50,000 for
Bellevue electrical equipment upgrades; $90,000 for South King
detachment window replacement; $200,000 for the replacement of the
Naselle radio tower, generator shelter, and fence; $200,000 for
unforeseen emergency repairs; and $318,000 for the Shelton training
academy drive course/skid pan repair.
(2) $1,500,000 of the state patrol highway account--state
appropriation is provided solely for the Shelton academy of the
Washington state patrol and is contingent upon a signed agreement
between the city of Shelton, the department of corrections, and the
Washington state patrol that provides for an on-going payment to these
three entities, based on their percentage of the total investment in
the project, from all hookup fees, late comer fees, LIDS, and all other
initial fees collected for the new waste water treatment lines, waste
water plants, water lines, and water systems.
NEW SECTION. Sec. 302 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $51,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,048,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $31,400,000
TOTAL APPROPRIATION . . . . . . . . . . . . $83,448,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,048,000 of the motor vehicle account--state appropriation
may be used for county ferry projects as developed pursuant to RCW
47.56.725(4).
(2) The appropriations in this section include funding to counties
to assist them in efforts to recover from federally declared
emergencies, by providing capitalization advances and local match for
federal emergency funding as determined by the county road
administration board. The county road administration board shall
specifically identify any such selected projects and shall include
information concerning such selected projects in its next annual report
to the legislature.
NEW SECTION. Sec. 303 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . $4,600,000
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $122,400,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $85,643,000
TOTAL APPROPRIATION . . . . . . . . . . . . $212,643,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The transportation improvement account--state appropriation
includes up to $7,143,000 in proceeds from the sale of bonds authorized
in RCW 47.26.500.
(2) The urban arterial trust account--state appropriation includes
up to $15,000,000 in proceeds from the sale of bonds authorized in RCW
47.26.420.
NEW SECTION. Sec. 304 FOR THE DEPARTMENT OF TRANSPORTATION. As
part of its budget submittal for the 2011-13 fiscal biennium, the
department shall provide an update to the report provided to the
legislature in 2008 that:
(1) Compares the original project cost estimates approved in the
2003 and 2005 project lists to the completed cost of the project, or
the most recent legislatively approved budget and total project costs
for projects not yet completed;
(2) Identifies highway projects that may be reduced in scope and
still achieve a functional benefit;
(3) Identifies highway projects that have experienced scope
increases and that can be reduced in scope;
(4) Identifies highway projects that have lost significant local or
regional contributions that were essential to completing the project;
and
(5) Identifies contingency amounts allocated to projects.
NEW SECTION. Sec. 305 FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $3,757,000
The appropriation in this section is subject to the following
conditions and limitations: $290,000 of the motor vehicle account--state appropriation is provided solely for reconstruction of the
Wandermere facility that was destroyed in the 2008-09 winter storms.
NEW SECTION. Sec. 306 FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $1,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,599,350,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $107,339,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $404,530,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . $65,494,000
Special Category C Account -- State Appropriation . . . . . . . . . . . . $24,549,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $750,085,000
Freight Mobility Multimodal Account--State
Appropriation . . . . . . . . . . . . $4,422,000
Tacoma Narrows Toll Bridge Account--State Appropriation . . . . . . . . . . . . $788,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $270,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,226,558,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the entire
transportation 2003 account (nickel account) appropriation and the
entire transportation partnership account appropriation are provided
solely for the projects and activities as listed by fund, project, and
amount in LEAP Transportation Document 2009-1, Highway Improvement
Program (I), as developed March 30, 2009. However, limited transfers
of specific line-item project appropriations may occur between projects
for those amounts listed subject to the conditions and limitations in
section 603 of this act.
(2) As a result of economic changes since the initial development
of the improvement program budget for the 2009-11 fiscal biennium, the
department has received bids on construction contracts over the last
several months that are favorable with respect to current estimates of
project costs. National economic forecasts indicate that inflationary
pressures are likely to remain lower than previously expected for the
next several years. As a result, the nominal project cost totals shown
in LEAP Transportation Document 2009-1 in aggregate for the 2009-11
fiscal biennium and the 2011-13 fiscal biennium are expected to exceed
the likely amount necessary to deliver the projects listed within those
biennia by fifty million dollars in each biennium. The appropriations
provided in this section for the projects in those biennia are fifty
million dollars less than the aggregate total of project costs listed.
It is the intent of the legislature that, so long as the favorable
bidding climate continues, the department shall deliver the projects
listed in LEAP Transportation Document 2009-1 within the time, scope,
and budgets identified in that document.
(3) $62,874,000 of the transportation partnership account--state
appropriation and $270,000,000 of the state route number 520 corridor
account--state appropriation are provided solely for replacement of the
state route number 520 bridge for projects for which the designs are
agreed upon. The department shall submit an application for the
eastside transit and HOV project to the supplemental discretionary
grant program for regionally significant projects as provided in the
American Recovery and Reinvestment Act of 2009. If federal stimulus
funds are received, an equivalent amount of the funds already
identified for this project must be earmarked for the construction of
the projects on the west side of the state route number 520 corridor.
Eastside state route number 520 improvements shall be designed and
constructed to accommodate a future full interchange at 124th Avenue
Northeast. Concurrent with the eastside transit and HOV project, the
department shall conduct engineering design of a full interchange at
124th Avenue Northeast.
(4) As required under section 305(6), chapter 518, Laws of 2007,
the department shall report by January 2010 to the transportation
committees of the legislature on the findings of the King county noise
reduction solutions pilot project.
(5) Funding allocated for mitigation costs is provided solely for
the purpose of project impact mitigation, and shall not be used to
develop or otherwise participate in the environmental assessment
process.
(6) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in Programs I and P
including, but not limited to, the SR 518, SR 520, Columbia river
crossing, and Alaskan Way viaduct projects.
(7) The department shall, on a quarterly basis beginning July 1,
2009, provide to the office of financial management and the legislature
reports providing the status on each active project funded in part or
whole by the transportation 2003 account (nickel account) or the
transportation partnership account. Funding provided at a programmatic
level for transportation partnership account and transportation 2003
account (nickel account) projects relating to bridge rail, guard rail,
fish passage barrier removal, and roadside safety projects should be
reported on a programmatic basis. Projects within this programmatic
level funding should be completed on a priority basis and scoped to be
completed within the current programmatic budget. The department shall
work with the office of financial management and the transportation
committees of the legislature to agree on report formatting and
elements. Elements must include, but not be limited to, project scope,
schedule, and costs. For new construction contracts valued at fifteen
million dollars or more, the department must also use an earned value
method of project monitoring. The department shall also provide the
information required under this subsection on a quarterly basis via the
transportation executive information systems (TEIS).
(8) The transportation 2003 account (nickel account)--state
appropriation includes up to $704,000,000 in proceeds from the sale of
bonds authorized by RCW 47.10.861.
(9) The transportation partnership account--state appropriation
includes up to $1,258,269,000 in proceeds from the sale of bonds
authorized in RCW 47.10.873.
(10) The special category C account--state appropriation includes
up to $22,127,000 in proceeds from the sale of bonds authorized in RCW
47.10.812.
(11) The motor vehicle account--state appropriation includes up to
$55,900,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(12) The department must prepare a tolling study for the Columbia
river crossing project. While conducting the study, the department
must coordinate with the Oregon department of transportation to perform
the following activities:
(a) Evaluate the potential diversion of traffic from Interstate 5
to other parts of the transportation system when tolls are implemented
on Interstate 5 in the vicinity of the Columbia river;
(b) Evaluate the most advanced tolling technology to maintain
travel time speed and reliability for users of the Interstate 5 bridge;
(c) Evaluate available active traffic management technology to
determine the most effective options for technology that could maintain
travel time speed and reliability on the Interstate 5 bridge;
(d) Confer with the project sponsor's council, as well as local and
regional governing bodies adjacent to the Interstate 5 Columbia river
crossing corridor and the Interstate 205 corridor regarding the
implementation of tolls, the impacts that the implementation of tolls
might have on the operation of the corridors, the diversion of traffic
to local streets, and potential mitigation measures;
(e) Regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's potential toll setting on the facility;
(f) Research and evaluate options for a potential toll-setting
framework between the Oregon and Washington transportation commissions;
(g) Conduct public work sessions and open houses to provide
information to citizens, including users of the bridge and business and
freight interests, regarding implementation of tolls on the Interstate
5 and to solicit citizen views on the following items:
(i) Funding a portion of the Columbia river crossing project with
tolls;
(ii) Implementing variable tolling as a way to reduce congestion on
the facility; and
(iii) Tolling Interstate 205 separately as a management tool for
the broader state and regional transportation system; and
(h) Provide a report to the governor and the legislature by January
2010.
(13)(a) By January 2010, the department must prepare a traffic and
revenue study for Interstate 405 in King county and Snohomish county
that includes funding for improvements and high occupancy toll lanes,
as defined in RCW 47.56.401, for traffic management. The department
must develop a plan to operate up to two high occupancy toll lanes in
each direction on Interstate 405.
(b) For the facility listed in (a) of this subsection, the
department must:
(i) Confer with the mayors and city councils of jurisdictions in
the vicinity of the project regarding the implementation of high
occupancy toll lanes and the impacts that the implementation of these
high occupancy toll lanes might have on the operation of the corridor
and adjacent local streets;
(ii) Conduct public work sessions and open houses to provide
information to citizens regarding implementation of high occupancy toll
lanes and to solicit citizen views; and
(iii) Provide a report to the governor and the legislature by
January 2010.
(14) $9,199,985 of the motor vehicle account--state appropriation
is provided solely for project 100224I, as identified in the LEAP
transportation document in subsection (1) of this section: US 2 high
priority safety project. Expenditure of these funds is for safety
projects on state route number 2 between Skykomish and Gold Bar, which
may include median rumble strips, traffic cameras, and electronic
message signs.
(15) Expenditures for the state route number 99 Alaskan Way viaduct
replacement project must be made in conformance with Engrossed
Substitute Senate Bill No. 5768.
(16) The department shall conduct a public outreach process to
identify and respond to community concerns regarding the Belfair
bypass. The process must include representatives from Mason county,
the legislature, area businesses, and community members. The
department shall use this process to consider and develop design
alternatives that alter the project's scope so that the community's
needs are met within the project budget. The department shall provide
a report on the process and outcomes to the legislature by June 30,
2010.
(17) The department shall not sign the final environmental impact
statement for the east link project or negotiate an airspace lease with
sound transit for the use of the Interstate 90 center roadway for
exclusive use by light rail until completion of an independent facility
asset assessment by the joint transportation committee.
(18) $6,000,000 of the motor vehicle account--state appropriation
is provided solely for the design and construction of a new interchange
between state route number 195 and Cheney-Spokane Road. It is the
intent of the legislature that an additional $6,500,000 will be
provided in the 2011-13 omnibus transportation appropriations act to
complete this project.
(19) $846,700 of the motor vehicle account--federal appropriation
and $17,280 of the motor vehicle account--state appropriation are
provided solely for the Westview school noise wall.
(20) $1,360 of the motor vehicle account--state appropriation and
$35,786 of the motor vehicle account--federal appropriation are
provided solely for interchange design and planning work on US 12 at A
Street and Tank Farm Road.
(21) $20,011,125 of the transportation partnership account--state
appropriation, $2,550 of the motor vehicle account--state
appropriation, $30,003,473 of the motor vehicle account--private/local
appropriation, and $1,482,066 of the motor vehicle account--federal
appropriation is provided solely for the I-5/Columbia river
crossing/Vancouver project. The funding described in this subsection
includes a $35,000,000 contribution from the state of Oregon.
(22) It is important that the public and policymakers have accurate
and timely access to information related to the Alaskan Way viaduct
replacement project as it proceeds to, and during, the construction of
all aspects of the project including, but not limited to, information
regarding costs, schedules, contracts, project status, and neighborhood
impacts. Therefore, it is the intent of the legislature that the
state, city, and county departments of transportation establish a
single source of accountability for integration, coordination,
tracking, and information of all requisite components of the
replacement project, which must include, at a minimum:
(a) A master schedule of all subprojects included in the full
replacement project or program; and
(b) A single point of contact for the public, media, stakeholders,
and other interested parties.
(23)(a) The legislature finds that the city of Seattle has agreed
to pay for and ensure the adequate and efficient access for freight and
vehicles, and adequate and efficient access to neighborhoods along the
state route number 99 corridor, as part of their responsibilities in
the Alaskan Way viaduct replacement project as recommended by the
governor, King county, and the city of Seattle in the letter of
agreement dated January 13, 2009. The elements of the city's plan
include:
(i) Performing all work necessary to ensure that the Alaskan Way
surface street is an efficient alternative access route for freight and
vehicles, including:
(A) Operating the four-lane Alaskan Way surface street between
Holgate Street and Elliot Avenue/Western Avenue in a manner that
optimizes through traffic and freight movement to and through the
surface street corridor along the waterfront;
(B) Synchronizing traffic lights and traffic control devices along
state route number 99 between Spokane Street and the Aurora Bridge, and
erecting additional traffic lights and control devices, if necessary,
to prioritize vehicular and freight traffic flow; and
(C) Providing for reliable and effective access to the port of
Seattle and other major destinations south of the port, including
implementing measures to facilitate efficient traffic flow along
Alaskan Way by way of the state route number 99 and state route number
519 interchange;
(D) Providing for reliable and effective access to and from state
route number 99 and to and from the Mercer corridor for the port of
Seattle and other residents and businesses in northwest Seattle;
(ii) Working with the state department of transportation and, prior
to removal of the viaduct, developing a plan that optimizes traffic
flow from neighborhoods in northwest Seattle to the deep bored tunnel,
including:
(A) Providing for the efficient movement of traffic along major
arterials including, but not limited to, North 46th Street, North 39th
Street, Nickerson Street, Dexter Avenue North, Mercer Street, and West
Mercer Street; and
(B) Providing for traffic light synchronization, and addressing on-street parking, congestion near the Aurora Avenue bridge related to the
Queen Anne Drive and 6th Avenue North turnaround, and bridge policies
that affect congestion and traffic flow; and
(iii) Prior to removal of the viaduct, developing and implementing
a plan that maximizes safe and efficient vehicle throughput on Mercer
Street, including: Optimizing traffic flow on Mercer Street, which
includes two-way West Mercer Street improvements, and from Elliott
Avenue to state route number 99; and providing safe and efficient
access to state route number 99 and the deep bored tunnel.
(b) In order to ensure that the city of Seattle complies with its
commitment as described in (a) of this subsection, the state shall make
$50,000,000 of the transportation partnership account--state
appropriation as provided in the 2009-2011 transportation budget, or as
much thereof as is appropriated from this account, whichever is
smaller, available for contribution to the south Spokane Street viaduct
component of the Alaskan Way viaduct replacement project, contingent on
the city of Seattle complying with this subsection.
(c) All costs related to the work performed by the city of Seattle
to provide adequate and efficient access for freight and vehicles along
the state route number 99 corridor, as described in (a) of this
subsection, shall be borne by the city.
(d) The city of Seattle may comply with this subsection by entering
into an agreement with the department of transportation in which the
city agrees to make all improvements identified in this subsection and
to be solely responsible for all costs associated with the listed
improvements.
(24) The state route number 520 corridor account--state
appropriation includes up to $270,000,000 in proceeds from the sale of
bonds authorized in House Bill No. 2326. If House Bill No. 2326 is not
enacted by June 30, 2009, the amount provided in this subsection shall
lapse.
(25) The department shall evaluate a potential deep bore culvert
for the state route number 305/Bjorgen creek fish barrier project
identified as project 330514 A in LEAP Transportation Document ALL
PROJECTS 2009-2, as developed March 30, 2009. The department shall
evaluate whether a deep bore culvert will be a less costly alternative
than a traditional culvert since a traditional culvert would require
extensive road detours during construction.
NEW SECTION. Sec. 307 FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $107,377,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $111,009,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $514,767,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $6,417,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $7,237,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . $6,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . $753,307,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The entire transportation 2003 account (nickel account)
appropriation and the entire transportation partnership account
appropriation are provided solely for the projects and activities as
listed by fund, project, and amount in LEAP Transportation Document
2009-1, Highway Preservation Program (P), as developed March 30, 2009.
However, limited transfers of specific line-item project appropriations
may occur between projects for those amounts listed subject to the
conditions and limitations in section 603 of this act.
(2) $544,639 of the motor vehicle account--federal appropriation
and $280,361 of the motor vehicle account--state appropriation are
provided solely for project 602110F, as identified in the LEAP
transportation document in subsection (1) of this section: SR
21/Keller ferry boat - replace ferry boat. The Keller ferry boat
replacement must consist of a tug and barge.
(3) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in Programs I and P.
(4) $6,500,000 of the Puyallup tribal settlement account--state
appropriation is provided solely for mitigation costs associated with
the Murray Morgan/11th Street bridge demolition. The department may
negotiate with the city of Tacoma for the purpose of transferring
ownership of the Murray Morgan/11th Street bridge to the city. If the
city agrees to accept ownership of the bridge, the department may use
the Puyallup tribal settlement account appropriation and other
appropriated funds for bridge rehabilitation, bridge replacement,
bridge demolition, and related mitigation. The department's
participation, including prior expenditures, may not exceed
$39,953,000. Funds may not be expended unless the city of Tacoma
agrees to take ownership of the bridge in its entirety and provides
that the payment of these funds extinguishes any real or implied
agreements regarding future bridge expenditures.
(5) The department shall, on a quarterly basis beginning July 1,
2009, provide to the office of financial management and the legislature
reports providing the status on each active project funded in part or
whole by the transportation 2003 account (nickel account) or the
transportation partnership account. Funding provided at a programmatic
level for transportation partnership account projects relating to
seismic bridges should be reported on a programmatic basis. Projects
within this programmatic level funding should be completed on a
priority basis and scoped to be completed within the current
programmatic budget. The department shall work with the office of
financial management and the transportation committees of the
legislature to agree on report formatting and elements. Elements must
include, but not be limited to, project scope, schedule, and costs.
For new construction contracts valued at fifteen million dollars or
more, the department must also use an earned value method of project
monitoring. The department shall also provide the information required
under this subsection on a quarterly basis via the transportation
executive information systems (TEIS).
(6) The department of transportation shall continue to implement
the lowest life cycle cost planning approach to pavement management
throughout the state to encourage the most effective and efficient use
of pavement preservation funds. Emphasis should be placed on
increasing the number of roads addressed on time and reducing the
number of roads past due.
(7) Within existing funds and resources, the department shall
conduct an analysis and produce a report on state highway pavement
replacement needs, level of investment, timing, and strategies for the
next ten years. The department shall include the following in the
report:
(a) For asphalt and chip seal: (i) The current backlog of "black"
pavement preservation projects; (ii) the level of investment needed and
schedule to reduce or eliminate the backlog and resume the lowest life-cycle cost to replace the highway lane miles; and (iii) strategies for
addressing the recent rapid escalation of asphalt prices and using
alternatives to hot mix asphalt;
(b) For concrete or "white" pavement: (i) Identification of
concrete rehabilitation and replacement needs in the next ten years;
and (ii) the level of investment, schedule, and strategies for
rehabilitation and replacement, including dowel-bar retrofit, selected
panel replacement, and full replacement; and
(c) For all types of pavement: Criteria for determining which type
of pavement will be used for specific projects, including annualized
cost per mile, traffic volume per lane mile, and heavy truck traffic
volume per lane mile.
The department shall submit the report to the office of financial
management and the transportation committees of the legislature by
December 31, 2009, in order to inform the development of the 2011-13
omnibus transportation appropriations act.
(8) $1,722 of the motor vehicle account--state appropriation,
$9,608,115 of the motor vehicle account--federal appropriation, and
$272,141 of the transportation partnership account--state appropriation
are provided solely for the Hood Canal bridge project.
NEW SECTION. Sec. 308 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $6,394,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $9,262,000
TOTAL APPROPRIATION . . . . . . . . . . . . $15,656,000
NEW SECTION. Sec. 309 FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
Appropriation . . . . . . . . . . . . $129,775,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . $38,675,000
Puget Sound Capital Construction Account--Local
Appropriation . . . . . . . . . . . . $8,492,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $67,931,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $64,784,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $170,000
TOTAL APPROPRIATION . . . . . . . . . . . . $309,827,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $129,566,000 of the Puget Sound capital construction account--state appropriation, $38,675,000 of the Puget Sound capital
construction account--federal appropriation, $64,784,000 of the
transportation partnership account--state appropriation, $67,931,000 of
the transportation 2003 account (nickel account)--state appropriation,
and $170,000 of the multimodal transportation account--state
appropriation are provided solely for ferry capital projects, project
support, and administration as listed in LEAP Transportation Document
ALL PROJECTS 2009-2, Ferries Construction Program (W), as developed
March 30, 2009.
(2) $57,031,000 of the transportation 2003 account (nickel
account)--state appropriation and $63,100,000 of the transportation
partnership account--state appropriation are provided solely for the
acquisition of three new Island Homes class ferry vessels subject to
the conditions and limitations in RCW 47.56.780, the first two of which
shall be used to restore service on the Port Townsend-Keystone route.
The department may add additional passenger capacity to one of these
vessels to make it more flexible within the system in the future, if
doing so does not require additional staffing on the vessel.
(3) $6,300,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital costs.
(4) The Anacortes terminal may be replaced if additional federal
funds are sought and received by the department. If federal funds
received are not sufficient to replace the terminal, only usable,
discrete phases of the project, up to the amount of federal funds
received, may be constructed with the funds.
(5) $247,000 of the Puget Sound capital construction account--state
appropriation is provided solely for the department to update the
vessel life-cycle cost model by December 31, 2009.
(6) $3,965,000 of the Puget Sound capital construction account--state appropriation is provided solely for the following vessel
projects: Waste heat recovery pilot project; steering gear ventilation
pilot project; and a new propulsion system for the MV Yakima. Before
beginning these projects, the Washington state ferries must ensure the
vessels' out-of-service time does not negatively impact service to the
system.
(7) The Washington state ferries shall pursue purchasing a
foreign-flagged vessel for service on the Anacortes, Washington to
Sidney, British Columbia ferry route.
(8) The department shall provide to the office of financial
management and the legislature quarterly reports providing the status
on each project listed in this section and in the project lists
submitted pursuant to this act and on any additional projects for which
the department has expended funds during the 2009-11 fiscal biennium.
Elements must include, but not be limited to, project scope, schedule,
and costs. The department shall also provide the information required
under this subsection via the transportation executive information
systems (TEIS). The quarterly report regarding the status of projects
identified on the list referenced in subsection (1) of this section
must be developed according to an earned value method of project
monitoring.
(9) The Washington state ferries shall review and adjust their
capital program staffing levels to ensure staffing is at the most
efficient level necessary to implement the capital program in the
omnibus transportation appropriations act. The Washington state
ferries shall report this review and adjustment to the office of
financial management and the house and senate transportation committees
of the legislature by July 2009.
(10) $3,763,000 of this appropriation is provided solely for the
Washington state ferries to develop a reservation system. Of this
amount, $3,118,000 shall be placed in unallotted status until the
Washington state ferries develops a plan for a reservation system pilot
program and the plan is reviewed by the office of financial management
and either the joint transportation committee or the transportation
committees of the legislature. This analysis must include an
evaluation of the compatibility of the Washington state ferries'
electronic fare system, proposed reservation system, and the
implementation of smart card.
NEW SECTION. Sec. 310 FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account--State Appropriation . . . . . . . . . . . . $675,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . $9,416,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $97,610,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $16,054,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . $81,000
TOTAL APPROPRIATION . . . . . . . . . . . . $123,836,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed by fund, project, and amount in LEAP
Transportation Document ALL PROJECTS 2009-2, Rail Capital Program (Y),
as developed March 30, 2009. However, limited transfers of specific
line-item project appropriations may occur between projects for those
amounts listed subject to the conditions and limitations in section 603
of this act.
(b)(i) Within the amounts provided in this section, $116,000 of the
transportation infrastructure account--state appropriation is for a
low-interest loan through the freight rail investment bank program to
the Port of Ephrata for rehabilitation of a rail spur.
(ii) Within the amounts provided in this section, $1,200,000 of the
transportation infrastructure account--state appropriation is for a
low-interest loan through the freight rail investment bank program to
the Port of Everett for a new rail track to connect a cement loading
facility to the mainline.
(c)(i) Within the amounts provided in this section, $1,679,350 of
the multimodal transportation account--state appropriation and $175,000
of the essential rail assistance account--state appropriation are for
statewide - emergent freight rail assistance projects as follows: Port
of Ephrata/Ephrata - additional spur rehabilitation (BIN 722710A)
$362,746; Tacoma Rail/Tacoma - new refinery spur tracks (BIN 711010A)
$420,000; CW Line/Lincoln County - grade crossing rehabilitation (BIN
700610A) $337,978; Clark County owned railroad/Vancouver - track
rehabilitation (BIN 710110A) $366,813; Tacoma Rail/Tacoma - improved
locomotive facility (BIN 711010B) $366,813.
(ii) Within the amounts provided in this section, $500,000 of the
essential rail assistance account--state appropriation and $25,000 of
the multimodal transportation account--state appropriation are for a
statewide - emergent freight rail assistance project grant for the
Tacoma Rail/Roy - new connection to BNSF and Yelm (BIN 711310A)
project, provided that the grantee first executes a written instrument
that imposes on the grantee the obligation to repay the grant within
thirty days in the event that the grantee discontinues or significantly
diminishes service along the line within a period of five years from
the date that the grant is awarded.
(iii) Within the amounts provided in this section, $337,978 of the
multimodal transportation account--state appropriation is for a
statewide - emergent freight rail assistance project grant for the
Lincoln County PDA/Creston - new rail spur (BIN 710510A) project,
provided that the grantee first documents to the satisfaction of the
department sufficient commitments from the new shipper or shippers to
locate in the publicly owned industrial park west of Creston to ensure
that the net present value of the public benefits of the project is
greater than the grant amount.
(d) $8,100,000 of the transportation infrastructure account--state
appropriation is provided solely for grants to any intergovernmental
entity or local rail district to which the department of transportation
assigns the management and oversight responsibility for the business
and economic development elements of existing operating leases on the
Palouse River and Coulee City (PCC) rail lines. The PCC rail line
system is made up of the CW, P&L, and PV Hooper rail lines. Business
and economic development elements include such items as levels of
service and business operating plans, but must not include the state's
oversight of railroad regulatory compliance, rail infrastructure
condition, or real property management issues. The PCC rail system
must be managed in a self-sustaining manner and best efforts must be
used to ensure that it does not require state capital or operating
subsidy beyond the level of state funding expended on it to date. The
assignment of the stated responsibilities to an intergovernmental
entity or rail district must be on terms and conditions as the
department of transportation and the intergovernmental entity or rail
district mutually agree. The grant funds may be used only to refurbish
the rail lines. It is the intent of the legislature to make the funds
appropriated in this section available as grants to an
intergovernmental entity or local rail district for the purposes stated
in this section at least until June 30, 2012, and to reappropriate as
necessary any portion of the appropriation in this section that is not
used by June 30, 2011.
(2)(a) The department shall issue a call for projects for the
freight rail investment bank program and the emergent freight rail
assistance program, and shall evaluate the applications according to
the cost benefit methodology developed during the 2008 interim using
the legislative priorities specified in (c) of this subsection. By
November 1, 2010, the department shall submit a prioritized list of
recommended projects to the office of financial management and the
transportation committees of the legislature.
(b) When the department identifies a prospective rail project that
may have strategic significance for the state, or at the request of a
proponent of a prospective rail project or a member of the legislature,
the department shall evaluate the prospective project according to the
cost benefit methodology developed during the 2008 interim using the
legislative priorities specified in (c) of this subsection. The
department shall report its cost benefit evaluation of the prospective
rail project, as well as the department's best estimate of an
appropriate construction schedule and total project costs, to the
office of financial management and the transportation committees of the
legislature.
(c) The legislative priorities to be used in the cost benefit
methodology are, in order of relative importance:
(i) Economic, safety, or environmental advantages of freight
movement by rail compared to alternative modes;
(ii) Self-sustaining economic development that creates family-wage
jobs;
(iii) Preservation of transportation corridors that would otherwise
be lost;
(iv) Increased access to efficient and cost-effective transport to
market for Washington's agricultural and industrial products;
(v) Better integration and cooperation within the regional,
national, and international systems of freight distribution; and
(vi) Mitigation of impacts of increased rail traffic on
communities.
(3) The department is directed to seek the use of unprogrammed
federal rail crossing funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in program Y.
(4) At the earliest possible date, the department shall apply, and
assist ports and local jurisdictions in applying, for any federal
funding that may be available for any projects that may qualify for
such federal funding. State projects must be (a) currently identified
on the project list referenced in subsection (1)(a) of this section or
(b) projects for which no state match is required to complete the
project. Local or port projects must not require additional state
funding in order to complete the project, with the exception of (c)
state funds currently appropriated for such project if currently
identified on the project list referenced in subsection (1)(a) of this
section or (d) potential grants awarded in the competitive grant
process for the essential rail assistance program. If the department
receives any federal funding, the department is authorized to obligate
and spend the federal funds in accordance with federal law. To the
extent permissible by federal law, federal funds may be used (e) in
addition to state funds appropriated for projects currently identified
on the project list referenced in subsection (1)(a) of this section in
order to advance funding from future biennia for such project(s) or (f)
in lieu of state funds; however, the state funds must be redirected
within the rail capital program to advance funding for other projects
currently identified on the project list referenced in subsection
(1)(a) of this section. State funds may be redirected only upon
consultation with the transportation committees of the legislature and
the office of financial management, and approval by the director of the
office of financial management. The department shall spend the federal
funds before the state funds, and shall consult the office of financial
management and the transportation committees of the legislature
regarding project scope changes.
(5) The department shall provide quarterly reports to the office of
financial management and the transportation committees of the
legislature regarding applications that the department submits for
federal funds, the status of such applications, and the status of
projects identified on the list referenced in subsection (1)(a) of this
section. The quarterly report regarding the status of projects
identified on the list referenced in subsection (1)(a) of this section
must be developed according to an earned value method of project
monitoring.
(6) The multimodal transportation account--state appropriation
includes up to $43,616,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
NEW SECTION. Sec. 311 FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal
Appropriation . . . . . . . . . . . . $1,602,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . $13,048,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $8,363,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $11,745,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $37,569,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . $13,918,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . $3,135,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $2,098,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $23,340,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $709,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $2,879,000
TOTAL APPROPRIATION . . . . . . . . . . . . $118,613,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall, on a quarterly basis, provide status
reports to the legislature on the delivery of projects as outlined in
the project lists incorporated in this section. For projects funded by
new revenue in the 2003 and 2005 transportation packages, reporting
elements shall include, but not be limited to, project scope, schedule,
and costs. Other projects may be reported on a programmatic basis.
The department shall also provide the information required under this
subsection on a quarterly basis via the transportation executive
information system (TEIS).
(2) $2,879,000 of the passenger ferry account--state appropriation
is provided solely for near and long-term costs of capital improvements
in a business plan approved by the governor for passenger ferry
service.
(3) $3,000,000 of the motor vehicle account--federal appropriation
is provided solely for the Coal Creek parkway project (L1000025).
(4) The department shall seek the use of unprogrammed federal rail
crossing funds to be expended in lieu of or in addition to state funds
for eligible costs of projects in local programs, program Z capital.
(5) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in local programs, program
Z capital.
(6) Federal funds may be transferred from program Z to programs I
and P and state funds shall be transferred from programs I and P to
program Z to replace those federal funds in a dollar-for-dollar match.
Fund transfers authorized under this subsection shall not affect
project prioritization status. Appropriations shall initially be
allotted as appropriated in this act. The department may not transfer
funds as authorized under this subsection without approval of the
office of financial management. The department shall submit a report
on those projects receiving fund transfers to the office of financial
management and the transportation committees of the legislature by
December 1, 2009, and December 1, 2010.
(7) The city of Winthrop may utilize a design-build process for the
Winthrop bike path project. Of the amount appropriated in this section
for this project, $500,000 of the multimodal transportation account--state appropriation is contingent upon the state receiving from the
city of Winthrop $500,000 in federal funds awarded to the city of
Winthrop by its local planning organization.
(8) $14,182,113 of the multimodal transportation account--state
appropriation, $8,753,895 of the motor vehicle account--federal
appropriation, and $4,000,000 of the transportation partnership
account--state appropriation are provided solely for the pedestrian and
bicycle safety program projects and safe routes to schools program
projects identified in LEAP Transportation Document 2009-A, pedestrian
and bicycle safety program projects and safe routes to schools program
projects, as developed March 30, 2009, LEAP Transportation Document
2007-A, pedestrian and bicycle safety program projects and safe routes
to schools program projects, as developed April 20, 2007, and LEAP
Transportation Document 2006-B, pedestrian and bicycle safety program
projects and safe routes to schools program projects, as developed
March 8, 2006. Projects must be allocated funding based on order of
priority. The department shall review all projects receiving grant
awards under this program at least semiannually to determine whether
the projects are making satisfactory progress. Any project that has
been awarded funds, but does not report activity on the project within
one year of the grant award must be reviewed by the department to
determine whether the grant should be terminated. The department shall
promptly close out grants when projects have been completed, and
identify where unused grant funds remain because actual project costs
were lower than estimated in the grant award.
(9) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed by fund, project, and amount in LEAP
Transportation Document ALL PROJECTS 2009-2, Local Program (Z), as
developed March 30, 2009.
(10) For the 2009-11 project appropriations, unless otherwise
provided in this act, the director of financial management may
authorize a transfer of appropriation authority between projects
managed by the freight mobility strategic investment board in order for
the board to manage project spending and efficiently deliver all
projects in the respective program.
NEW SECTION. Sec. 401 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND
TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation . . . . . . . . . . . . $693,602,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . $33,770,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . $23,205,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . $17,282,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $4,656,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $658,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $2,605,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $82,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $56,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $26,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $161,000
TOTAL APPROPRIATION . . . . . . . . . . . . $776,103,000
NEW SECTION. Sec. 402 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Transportation Partnership Account--State Appropriation . . . . . . . . . . . . $629,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $89,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $352,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $11,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $8,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $4,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $22,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,115,000
NEW SECTION. Sec. 403 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
MVFT BONDS AND TRANSFERS
Motor Vehicle Account -- State Appropriation:
For transfer to the Puget Sound Capital Construction
Account . . . . . . . . . . . . $122,000,000
The department of transportation is authorized to sell up to
$122,000,000 in bonds authorized by RCW 47.10.843 for vessel and
terminal acquisition, major and minor improvements, and long lead-time
materials acquisition for the Washington state ferries.
NEW SECTION. Sec. 404 FOR THE STATE TREASURER -- STATE REVENUES
FOR DISTRIBUTION
Motor Vehicle Account Appropriation for
motor vehicle fuel tax distributions to cities
and counties . . . . . . . . . . . . $488,843,000
NEW SECTION. Sec. 405 FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account -- State
Appropriation: For motor vehicle fuel tax
refunds and statutory transfers . . . . . . . . . . . . $1,310,279,000
NEW SECTION. Sec. 406 FOR THE DEPARTMENT OF LICENSING -- TRANSFERS
Motor Vehicle Account -- State
Appropriation: For motor vehicle fuel tax
refunds and transfers . . . . . . . . . . . . $129,178,000
NEW SECTION. Sec. 407 FOR THE STATE TREASURER -- ADMINISTRATIVE
TRANSFERS
(1) Tacoma Narrows Toll Bridge Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $5,288,000
(2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . $12,000,000
(3) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,645,000
(4) License Plate Technology Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $2,750,000
(5) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . $20,000,000
(6) Waste Tire Removal Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(7) Highway Safety Account--State Appropriation:
For transfer to the Multimodal Transportation
Account--State . . . . . . . . . . . . $15,000,000
(8) Department of Licensing Services Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,500,000
(9) State Patrol Highway Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $10,000,000
(10) Motor Vehicle Account--State Appropriation:
For transfer to the High Occupancy Toll Lanes Operations
Account . . . . . . . . . . . . $1,000,000
(11) Advanced Right-of-Way Account: For transfer
to the Motor Vehicle Account--State . . . . . . . . . . . . $14,000,000
(12) Regional Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $30,000,000
(13) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound Capital
Construction Account--State . . . . . . . . . . . . $1,500,000
The transfers identified in this section are subject to the
following conditions and limitations: The amount transferred in
subsection (1) of this section represents repayment of operating loans
and reserve payments provided to the Tacoma Narrows toll bridge account
from the motor vehicle account in the 2005-07 fiscal biennium.
NEW SECTION. Sec. 408 STATUTORY APPROPRIATIONS. In addition to
the amounts appropriated in this act for revenue for distribution,
state contributions to the law enforcement officers' and firefighters'
retirement system, and bond retirement and interest including ongoing
bond registration and transfer charges, transfers, interest on
registered warrants, and certificates of indebtedness, there is also
appropriated such further amounts as may be required or available for
these purposes under any statutory formula or under any proper bond
covenant made under law.
NEW SECTION. Sec. 409 The department of transportation is
authorized to undertake federal advance construction projects under the
provisions of 23 U.S.C. Sec. 115 in order to maintain progress in
meeting approved highway construction and preservation objectives. The
legislature recognizes that the use of state funds may be required to
temporarily fund expenditures of the federal appropriations for the
highway construction and preservation programs for federal advance
construction projects prior to conversion to federal funding.
NEW SECTION. Sec. 501 FOR THE OFFICE FINANCIAL MANAGEMENT--REVISED PENSION CONTRIBUTION RATES
Aeronautics Account--State . . . . . . . . . . . . ($34,000)
Grade Crossing Protective Account--State . . . . . . . . . . . . ($2,000)
State Patrol Highway Account--State . . . . . . . . . . . . ($12,723,000)
Motorcycle Safety Education Account--State . . . . . . . . . . . . ($14,000)
High Occupancy Toll Lanes Operations Account--State . . . . . . . . . . . . ($16,000)
Rural Arterial Trust Account--State . . . . . . . . . . . . ($16,000)
Wildlife Account--State . . . . . . . . . . . . ($12,000)
Highway Safety Account--State . . . . . . . . . . . . ($1,543,000)
Highway Safety Account--Federal . . . . . . . . . . . . ($46,000)
Motor Vehicle Account--State . . . . . . . . . . . . ($8,240,000)
Puget Sound Ferry Operations Account--State . . . . . . . . . . . . ($4,147,000)
Urban Arterial Trust Account--State . . . . . . . . . . . . ($22,000)
Transportation Improvement Account--State . . . . . . . . . . . . ($22,000)
County Arterial Preservation Account--State . . . . . . . . . . . . ($18,000)
Department of Licensing Services Account--State . . . . . . . . . . . . ($30,000)
Multimodal Transportation Account--State . . . . . . . . . . . . ($138,000)
Tacoma Narrows Toll Bridge Account--State . . . . . . . . . . . . ($24,000)
Appropriations are adjusted to reflect changes to appropriations to
reflect savings resulting from pension funding. The office of
financial management shall update agency appropriations schedules to
reflect the changes to funding levels in this section as identified by
agency and fund in LEAP document Z9-2009.
NEW SECTION. Sec. 502 FOR THE OFFICE FINANCIAL MANAGEMENT--REVISED EMPLOYER HEALTH BENEFIT RATES
Aeronautics Account--State . . . . . . . . . . . . $14,000
State Patrol Highway Account--State . . . . . . . . . . . . $2,409,000
Motorcycle Safety Education Account--State . . . . . . . . . . . . $9,000
Puget Sound Capital Construction--State . . . . . . . . . . . . $134,000
High Occupancy Toll Lanes Operations Account--State . . . . . . . . . . . . $8,000
Rural Arterial Trust Account--State . . . . . . . . . . . . $6,000
Wildlife Account--State . . . . . . . . . . . . $6,000
Highway Safety Account--State . . . . . . . . . . . . $1,011,000
Highway Safety Account--Federal . . . . . . . . . . . . $22,000
Motor Vehicle Account--State . . . . . . . . . . . . $7,783,000
Puget Sound Ferry Operations Account--State . . . . . . . . . . . . $2,054,000
Urban Arterial Trust Account--State . . . . . . . . . . . . $8,000
Transportation Improvement Account--State . . . . . . . . . . . . $8,000
County Arterial Preservation Account--State . . . . . . . . . . . . $6,000
Department of Licensing Services Account--State . . . . . . . . . . . . $12,000
Multimodal Transportation Account--State . . . . . . . . . . . . $68,000
Tacoma Narrows Toll Bridge Account--State . . . . . . . . . . . . $12,000
Appropriations are adjusted to reflect changes to appropriations to
reflect changes in the employer cost of providing health benefit
coverage. The office of financial management shall update agency
appropriations schedules to reflect the changes to funding levels in
this section as identified by agency and fund in LEAP document 6M-2009.
NEW SECTION. Sec. 601 INFORMATION SYSTEMS PROJECTS. Agencies
shall comply with the following requirements regarding information
systems projects when specifically directed to do so by this act.
(1) Agency planning and decisions concerning information technology
shall be made in the context of its information technology portfolio.
"Information technology portfolio" means a strategic management
approach in which the relationships between agency missions and
information technology investments can be seen and understood, such
that: Technology efforts are linked to agency objectives and business
plans; the impact of new investments on existing infrastructure and
business functions are assessed and understood before implementation;
and agency activities are consistent with the development of an
integrated, nonduplicative statewide infrastructure.
(2) Agencies shall use their information technology portfolios in
making decisions on matters related to the following:
(a) System refurbishment, acquisitions, and development efforts;
(b) Setting goals and objectives for using information technology
in meeting legislatively-mandated missions and business needs;
(c) Assessment of overall information processing performance,
resources, and capabilities;
(d) Ensuring appropriate transfer of technological expertise for
the operation of any new systems developed using external resources;
and
(e) Progress toward enabling electronic access to public
information.
(3) Each project will be planned and designed to take optimal
advantage of Internet technologies and protocols. Agencies shall
ensure that the project is in compliance with the architecture,
infrastructure, principles, policies, and standards of digital
government as maintained by the information services board.
(4) The agency shall produce a feasibility study for information
technology projects at the direction of the information services board
and in accordance with published department of information services
policies and guidelines. At a minimum, such studies shall include a
statement of: (a) The purpose or impetus for change; (b) the business
value to the agency, including an examination and evaluation of
benefits, advantages, and cost; (c) a comprehensive risk assessment
based on the proposed project's impact on both citizens and state
operations, its visibility, and the consequences of doing nothing; (d)
the impact on agency and statewide information infrastructure; and (e)
the impact of the proposed enhancements to an agency's information
technology capabilities on meeting service delivery demands.
(5) The agency shall produce a comprehensive management plan for
each project. The plan or plans shall address all factors critical to
successful completion of each project. The plan(s) shall include, but
is not limited to, the following elements: A description of the
problem or opportunity that the information technology project is
intended to address; a statement of project objectives and assumptions;
a definition and schedule of phases, tasks, and activities to be
accomplished; and the estimated cost of each phase. The planning for
the phased approach shall be such that the business case justification
for a project needs to demonstrate how the project recovers cost or
adds measurable value or positive cost benefit to the agency's business
functions within each development cycle.
(6) The agency shall produce quality assurance plans for
information technology projects. Consistent with the direction of the
information services board and the published policies and guidelines of
the department of information services, the quality assurance plan
shall address all factors critical to successful completion of the
project and successful integration with the agency and state
information technology infrastructure. At a minimum, quality assurance
plans shall provide time and budget benchmarks against which project
progress can be measured, a specification of quality assurance
responsibilities, and a statement of reporting requirements. The
quality assurance plans shall set out the functionality requirements
for each phase of a project.
(7) A copy of each feasibility study, project management plan, and
quality assurance plan shall be provided to the department of
information services, the office of financial management, and
legislative fiscal committees. The plans and studies shall demonstrate
a sound business case that justifies the investment of taxpayer funds
on any new project, an assessment of the impact of the proposed system
on the existing information technology infrastructure, the disciplined
use of preventative measures to mitigate risk, and the leveraging of
private-sector expertise as needed. Authority to expend any funds for
individual information systems projects is conditioned on the approval
of the relevant feasibility study, project management plan, and quality
assurance plan by the department of information services and the office
of financial management.
(8) Quality assurance status reports shall be submitted to the
department of information services, the office of financial management,
and legislative fiscal committees at intervals specified in the
project's quality assurance plan.
NEW SECTION. Sec. 602 Due to the state of the economy affecting
state budgets, the state is reviewing agency spending plans to identify
areas in which new technologies can be applied to achieve greater
efficiencies, economies of scale, and save the state money.
Information technology and communications is an area where the state
can save millions of dollars, if managed well. If information
technology and communications are managed poorly, by not planning
effectively and taking advantage of new capabilities, this can also
cost the state millions of dollars.
By July 1, 2009, each transportation agency is required to begin
implementing a holistic virtualization strategy to take advantage of
information technology infrastructure savings in the areas of capital
and operating costs at the server, desktop, network, data storage,
business continuance, and disaster recovery levels. This includes a
disaster recovery strategy and roadmap, a unified storage strategy, a
network infrastructure plan, and a centralized management plan for
servers and applications. The business needs, business strategy, and
mission of each agency must be tied to the technical strategy,
including the completion of an impact analysis showing a quantifiable
return on investment analysis for cost savings/avoidance.
By July 1, 2009, due to the large increase in networks to move an
increasingly large amount of data, transportation agencies are to begin
implementing wide area network optimization technologies to improve
application performance while decreasing continuing requests for
additional bandwidth and save the state money.
By January 1, 2010, each transportation agency shall have a plan
and begin its implementation for moving from legacy communication
systems that are outdated and costly and implement new voice over
internet protocol communications systems. Each agency is required to
begin implementing a holistic communications and collaboration strategy
to take advantage of information technology infrastructure savings in
the areas of capital and operating costs, decrease statewide
communication costs, and increase communications and collaboration
capabilities.
NEW SECTION. Sec. 603
(a) Transfers may only be made within each specific fund source
referenced on the respective project list;
(b) Transfers from a project may not be made as a result of the
reduction of the scope of a project, nor shall a transfer be made to
support increases in the scope of a project;
(c) Each transfer between projects may only occur if the director
of financial management finds that any resulting change will not hinder
the completion of the projects as approved by the legislature;
(d) Transfers from a project may be made if the funds appropriated
to the project are in excess of the amount needed to complete the
project;
(e) Transfers may not occur to projects not identified on the
applicable project list; and
(f) Transfers may not be made while the legislature is in session.
(2) At the time the department submits a request to transfer funds
under this section a copy of the request shall be submitted to the
transportation committees of the legislature.
(3) The office of financial management shall work with legislative
staff of the house of representatives and senate transportation
committees to review the requested transfers.
(4) The office of financial management shall document approved
transfers and/or schedule changes in the transportation executive
information system (TEIS), compare changes to the legislative baseline
funding and schedules identified by project identification number
identified in the LEAP lists adopted in this act, and transmit revised
project lists to chairs of the transportation committees of the
legislature on a quarterly basis.
NEW SECTION. Sec. 604
NEW SECTION. Sec. 605 Executive Order number 05-05,
archaeological and cultural resources, was issued effective November
10, 2005. Agencies and higher education institutions that issue grants
or loans for capital projects shall comply with the requirements set
forth in this executive order.
Sec. 701 RCW 46.68.170 and 2007 c 518 s 701 are each amended to
read as follows:
There is hereby created in the motor vehicle fund the RV account.
All moneys hereafter deposited in said account shall be used by the
department of transportation for the construction, maintenance, and
operation of recreational vehicle sanitary disposal systems at safety
rest areas in accordance with the department's highway system plan as
prescribed in chapter 47.06 RCW. During the ((2005-2007 and)) 2007-2009 and 2009-2011 fiscal biennia, the legislature may transfer from
the RV account to the motor vehicle fund such amounts as reflect the
excess fund balance of the RV account.
Sec. 702 RCW 47.29.170 and 2007 c 518 s 702 are each amended to
read as follows:
Before accepting any unsolicited project proposals, the commission
must adopt rules to facilitate the acceptance, review, evaluation, and
selection of unsolicited project proposals. These rules must include
the following:
(1) Provisions that specify unsolicited proposals must meet
predetermined criteria;
(2) Provisions governing procedures for the cessation of
negotiations and consideration;
(3) Provisions outlining that unsolicited proposals are subject to
a two-step process that begins with concept proposals and would only
advance to the second step, which are fully detailed proposals, if the
commission so directed;
(4) Provisions that require concept proposals to include at least
the following information: Proposers' qualifications and experience;
description of the proposed project and impact; proposed project
financing; and known public benefits and opposition; and
(5) Provisions that specify the process to be followed if the
commission is interested in the concept proposal, which must include
provisions:
(a) Requiring that information regarding the potential project
would be published for a period of not less than thirty days, during
which time entities could express interest in submitting a proposal;
(b) Specifying that if letters of interest were received during the
thirty days, then an additional sixty days for submission of the fully
detailed proposal would be allowed; and
(c) Procedures for what will happen if there are insufficient
proposals submitted or if there are no letters of interest submitted in
the appropriate time frame.
The commission may adopt other rules as necessary to avoid
conflicts with existing laws, statutes, or contractual obligations of
the state.
The commission may not accept or consider any unsolicited proposals
before July 1, ((2009)) 2011.
NEW SECTION. Sec. 703 To the extent that any appropriation
authorizes expenditures of state funds from the motor vehicle account,
special category C account, Tacoma Narrows toll bridge account,
transportation 2003 account (nickel account), transportation
partnership account, transportation improvement account, Puget Sound
capital construction account, multimodal transportation account, or
other transportation capital project account in the state treasury for
a state transportation program that is specified to be funded with
proceeds from the sale of bonds authorized in chapter 47.10 RCW, the
legislature declares that any such expenditures made prior to the issue
date of the applicable transportation bonds for that state
transportation program are intended to be reimbursed from proceeds of
those transportation bonds in a maximum amount equal to the amount of
such appropriation.
Sec. 704 RCW 46.16.685 and 2007 c 518 s 704 are each amended to
read as follows:
The license plate technology account is created in the state
treasury. All receipts collected under RCW 46.01.140(4)(e)(ii) must be
deposited into this account. Expenditures from this account must
support current and future license plate technology and systems
integration upgrades for both the department and correctional
industries. Moneys in the account may be spent only after
appropriation. Additionally, the moneys in this account may be used to
reimburse the motor vehicle account for any appropriation made to
implement the digital license plate system. During the 2007-2009 and
2009-2011 fiscal ((biennium)) biennia, the legislature may transfer
from the license plate technology account to the multimodal
transportation account such amounts as reflect the excess fund balance
of the license plate technology account.
Sec. 705 RCW 47.01.380 and 2006 c 311 s 26 are each amended to
read as follows:
The department shall not commence construction on any part of the
state route number 520 bridge replacement and HOV project until a
record of decision has been reached providing reasonable assurance that
project impacts will be avoided, minimized, or mitigated as much as
practicable to protect against further adverse impacts on neighborhood
environmental quality as a result of repairs and improvements made to
the state route number 520 bridge and its connecting roadways, and that
any such impacts will be addressed through engineering design choices,
mitigation measures, or a combination of both. The requirements of
this section shall not apply to off-site pontoon construction
supporting the state route number 520 bridge replacement and HOV
project. The requirements of this section shall not apply during the
2009-2011 fiscal biennium.
Sec. 706 RCW 47.01.390 and 2007 c 518 s 705 are each amended to
read as follows:
(1) Prior to commencing construction on either project, the
department of transportation must complete all of the following
requirements for both the Alaskan Way viaduct and Seattle Seawall
replacement project, and the state route number 520 bridge replacement
and HOV project: (a) In accordance with the national environmental
policy act, the department must designate the preferred alternative,
prepare a substantial project mitigation plan, and complete a
comprehensive cost estimate review using the department's cost estimate
validation process, for each project; (b) in accordance with all
applicable federal highway administration planning and project
management requirements, the department must prepare a project finance
plan for each project that clearly identifies secured and anticipated
fund sources, cash flow timing requirements, and project staging and
phasing plans if applicable; and (c) the department must report these
results for each project to the joint transportation committee.
(2) The requirements of this section shall not apply to (a) utility
relocation work, and related activities, on the Alaskan Way viaduct and
Seattle Seawall replacement project and (b) off-site pontoon
construction supporting the state route number 520 bridge replacement
and HOV project.
(3) The requirements of subsection (1) of this section shall not
apply during the 2007-2009 fiscal biennium.
(4) The requirements of subsection (1) of this section shall not
apply during the 2009-2011 fiscal biennium.
Sec. 707 RCW 47.60.395 and 2007 c 512 s 15 are each amended to
read as follows:
(1) The joint legislative audit and review committee shall assess
and report as follows:
(a) Audit the implementation of the cost allocation methodology
evaluated under [section 205,] chapter 518, Laws of 2007, as it exists
on July 22, 2007, assessing whether actual costs are allocated
consistently with the methodology, whether there are sufficient
internal controls to ensure proper allocation, and the adequacy of
staff training; and
(b) Review the assignment of preservation costs and improvement
costs for fiscal year 2009 to determine whether:
(i) The costs are capital costs;
(ii) The costs meet the statutory requirements for preservation
activities and for improvement activities; and
(iii) Improvement costs are within the scope of legislative
appropriations.
(2) The report on the evaluations in this section is due by January
31, 2010.
(3) This section expires December 31, 2010.
(4) The requirements of this section shall not apply during the
200920-11 fiscal biennium.
Sec. 708 RCW 88.16.090 and 2008 c 128 s 4 are each amended to
read as follows:
(1) A person may pilot any vessel subject to this chapter on waters
covered by this chapter only if licensed to pilot such vessels on such
waters under this chapter.
(2)(a) A person is eligible to be licensed as a pilot or a pilot
trainee if the person:
(i) Is a citizen of the United States;
(ii) Is over the age of twenty-five years and under the age of
seventy years;
(iii)(A) Holds at the time of application, as a minimum, a United
States government license as master of steam or motor vessels of not
more than one thousand six hundred gross register tons (three thousand
international tonnage convention tons) upon oceans, near coastal
waters, or inland waters; or the then most equivalent federal license
as determined by the board; any such license to have been held by the
applicant for a period of at least two years before application;
(B) Holds at the time of licensure as a pilot, after successful
completion of the board-required training program, a first class United
States endorsement without restrictions on the United States government
license for the pilotage district in which the pilot applicant desires
to be licensed; however, all applicants for a pilot examination
scheduled to be given before July 1, 2008, must have the United States
pilotage endorsement at the time of application; and
(C) The board may require that applicants and pilots have federal
licenses and endorsements as it deems appropriate; and
(iv) Successfully completes a board-specified training program.
(b) In addition to the requirements of (a) of this subsection, a
pilot applicant must meet such other qualifications as may be required
by the board.
(c) A person applying for a license under this section shall not
have been convicted of an offense involving drugs or the personal
consumption of alcohol in the twelve months prior to the date of
application. This restriction does not apply to license renewals under
this section.
(3) The board may establish such other training license and pilot
license requirements as it deems appropriate.
(4) Pilot applicants shall be evaluated and may be ranked for entry
into a board-specified training program in a manner specified by the
board based on their performance on a written examination or
examinations established by the board, performance on other evaluation
exercises as may be required by the board, and other criteria or
qualifications as may be set by the board.
When the board determines that the demand for pilots requires entry
of an applicant into the training program it shall issue a training
license to that applicant, but under no circumstances may an applicant
be issued a training license more than four years after taking the
written entry examination. The training license authorizes the trainee
to do such actions as are specified in the training program.
After the completion of the training program the board shall
evaluate the trainee's performance and knowledge. The board, as it
deems appropriate, may then issue a pilot license, delay the issuance
of the pilot license, deny the issuance of the pilot license, or
require further training and evaluation.
(5) The board may (a) appoint a special independent committee or
(b) contract with private or governmental entities knowledgeable and
experienced in the development, administration, and grading of
licensing examinations or simulator evaluations for marine pilots, or
(c) do both. Active, licensed pilots designated by the board may
participate in the development, administration, and grading of
examinations and other evaluation exercises. If the board does appoint
a special examination or evaluation development committee, it is
authorized to pay the members of the committee the same compensation
and travel expenses as received by members of the board. Any person
who willfully gives advance knowledge of information contained on a
pilot examination or other evaluation exercise is guilty of a gross
misdemeanor.
(6) This subsection applies to the review of a pilot applicant's
written examinations and evaluation exercises to qualify to be placed
on a waiting list to become a pilot trainee. Failure to comply with
the process set forth in this subsection renders the results of the
pilot applicant's written examinations and evaluation exercises final.
A pilot applicant may seek board review, administrative review, and
judicial review of the results of the written examinations and
evaluation exercises in the following manner:
(a) A pilot applicant who seeks a review of the results of his or
her written examinations or evaluation exercises must request from the
board-appointed or board-designated examination committee an
administrative review of the results of his or her written examinations
or evaluation exercises as set forth by board rule.
(b) The determination of the examination committee's review of a
pilot applicant's examination results becomes final after thirty days
from the date of service of written notification of the committee's
determination unless a full adjudicative hearing before an
administrative law judge has been requested by the pilot applicant
before the thirty-day period has expired, as set forth by board rule.
(c) When a full adjudicative hearing has been requested by the
pilot applicant, the board shall request the appointment of an
administrative law judge under chapter 34.12 RCW who has sufficient
experience and familiarity with pilotage matters to be able to conduct
a fair and impartial hearing. The hearing shall be governed by chapter
34.05 RCW. The administrative law judge shall issue an initial order.
(d) The initial order of the administrative law judge is final
unless within thirty days of the date of service of the initial order
the board or pilot applicant requests review of the initial order under
chapter 34.05 RCW.
(e) The board may appoint a person to review the initial order and
to prepare and enter a final order as governed by chapter 34.05 RCW and
as set forth by board rule. The person appointed by the board under
this subsection (6)(e) is called the board reviewing officer.
(7) Pilots are licensed under this section for a term of five years
from and after the date of the issuance of their respective state
licenses. Licenses must thereafter be renewed as a matter of course,
unless the board withholds the license for good cause. Each pilot
shall pay to the state treasurer an annual license fee in an amount set
by the board by rule. Pursuant to RCW 43.135.055, the fees established
under this subsection may be increased ((in excess of the fiscal growth
factor as provided in RCW 43.135.055)) through the fiscal year ending
June 30, ((2009)) 2011. The fees must be deposited in the pilotage
account. The board may assess partially active or inactive pilots a
reduced fee.
(8) All pilots and pilot trainees are subject to an annual physical
examination by a physician chosen by the board. The physician shall
examine the pilot's or pilot trainee's heart, blood pressure,
circulatory system, lungs and respiratory system, eyesight, hearing,
and such other items as may be prescribed by the board. After
consultation with a physician and the United States coast guard, the
board shall establish minimum health standards to ensure that pilots
and pilot trainees licensed by the state are able to perform their
duties. Within ninety days of the date of each annual physical
examination, and after review of the physician's report, the board
shall make a determination of whether the pilot or pilot trainee is
fully able to carry out the duties of a pilot or pilot trainee under
this chapter. The board may in its discretion check with the
appropriate authority for any convictions of or information regarding
offenses by a licensed pilot or pilot trainee involving drugs or the
personal consumption of alcohol in the prior twelve months.
(9) The board may require vessel simulator training for a pilot
trainee and shall require vessel simulator training for a licensed
pilot subject to RCW 88.16.105. The board shall also require vessel
simulator training in the first year of active duty for a new pilot and
at least once every five years for all active pilots.
(10) The board shall prescribe, pursuant to chapter 34.05 RCW, such
reporting requirements and review procedures as may be necessary to
assure the accuracy and validity of license and service claims.
Willful misrepresentation of such required information by a pilot
applicant shall result in disqualification of the pilot applicant.
Sec. 709 RCW 47.12.244 and 2007 c 518 s 707 are each amended to
read as follows:
There is created the "advance right-of-way revolving fund" in the
custody of the treasurer, into which the department is authorized to
deposit directly and expend without appropriation:
(1) An initial deposit of ten million dollars from the motor
vehicle fund included in the department of transportation's 1991-93
budget;
(2) All moneys received by the department as rental income from
real properties that are not subject to federal aid reimbursement,
except moneys received from rental of capital facilities properties as
defined in chapter 47.13 RCW; and
(3) Any federal moneys available for acquisition of right-of-way
for future construction under the provisions of section 108 of Title
23, United States Code.
(((4))) During the ((2007-09)) 2007-2009 and 2009-2011 fiscal
((biennium)) biennia, the legislature may transfer from the advance
right-of-way revolving fund to the motor vehicle account amounts as
reflect the excess fund balance of the advance right-of-way revolving
fund.
Sec. 710 RCW 70.95.521 and 2007 c 518 s 708 are each amended to
read as follows:
The waste tire removal account is created in the state treasury.
All receipts from tire fees imposed under RCW 70.95.510 must be
deposited in the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used for the
cleanup of unauthorized waste tire piles and measures that prevent
future accumulation of unauthorized waste tire piles. During the 2007-2009 and 2009-2011 fiscal ((biennium)) biennia, the legislature may
transfer from the waste tire removal account to the motor vehicle fund
such amounts as reflect the excess fund balance of the waste tire
removal account.
Sec. 711 RCW 46.16.725 and 2008 c 72 s 2 are each amended to read
as follows:
(1) The creation of the board does not in any way preclude the
authority of the legislature to independently propose and enact special
license plate legislation.
(2) The board must review and either approve or reject special
license plate applications submitted by sponsoring organizations.
(3) Duties of the board include but are not limited to the
following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the senate and house
transportation committees;
(b) Report annually to the senate and house transportation
committees on the special license plate applications that were
considered by the board;
(c) Issue approval and rejection notification letters to sponsoring
organizations, the department, the chairs of the senate and house of
representatives transportation committees, and the legislative sponsors
identified in each application. The letters must be issued within
seven days of making a determination on the status of an application;
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The board may
submit a recommendation to discontinue a special plate series to the
chairs of the senate and house of representatives transportation
committees;
(e) Provide policy guidance and directions to the department
concerning the adoption of rules necessary to limit the number of
special license plates that an organization or a governmental entity
may apply for.
(4) Except as provided in chapter 72, Laws of 2008, in order to
assess the effects and impact of the proliferation of special license
plates, the legislature declares a temporary moratorium on the issuance
of any additional plates until July 1, ((2009)) 2011. During this
period of time, the special license plate review board created in RCW
46.16.705 and the department of licensing are prohibited from
accepting, reviewing, processing, or approving any applications.
Additionally, no special license plate may be enacted by the
legislature during the moratorium, unless the proposed license plate
has been approved by the board before February 15, 2005.
Sec. 712 RCW 46.68.060 and 2007 c 518 s 714 are each amended to
read as follows:
There is hereby created in the state treasury a fund to be known as
the highway safety fund to the credit of which shall be deposited all
moneys directed by law to be deposited therein. This fund shall be
used for carrying out the provisions of law relating to driver
licensing, driver improvement, financial responsibility, cost of
furnishing abstracts of driving records and maintaining such case
records, and to carry out the purposes set forth in RCW 43.59.010.
During the ((2005-2007 and)) 2007-2009 and 2009-2011 fiscal biennia,
the legislature may transfer from the highway safety fund to the motor
vehicle fund and the multimodal transportation account such amounts as
reflect the excess fund balance of the highway safety fund.
Sec. 713 RCW 46.63.170 and 2007 c 372 s 3 are each amended to
read as follows:
(1) The use of automated traffic safety cameras for issuance of
notices of infraction is subject to the following requirements:
(a) The appropriate local legislative authority must first enact an
ordinance allowing for their use to detect one or more of the
following: Stoplight, railroad crossing, or school speed zone
violations. At a minimum, the local ordinance must contain the
restrictions described in this section and provisions for public notice
and signage. Cities and counties using automated traffic safety
cameras before July 24, 2005, are subject to the restrictions described
in this section, but are not required to enact an authorizing
ordinance.
(b) Use of automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones
only.
(c) During the 2009-2011 fiscal biennium, automated traffic safety
cameras may be used to detect speed violations for the purposes of
section 201(1) of this act if the local legislative authority first
enacts an ordinance authorizing the use of cameras to detect speed
violations.
(d) Automated traffic safety cameras may only take pictures of the
vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle.
(((d))) (e) A notice of infraction must be mailed to the registered
owner of the vehicle within fourteen days of the violation, or to the
renter of a vehicle within fourteen days of establishing the renter's
name and address under subsection (3)(a) of this section. The law
enforcement officer issuing the notice of infraction shall include with
it a certificate or facsimile thereof, based upon inspection of
photographs, microphotographs, or electronic images produced by an
automated traffic safety camera, stating the facts supporting the
notice of infraction. This certificate or facsimile is prima facie
evidence of the facts contained in it and is admissible in a proceeding
charging a violation under this chapter. The photographs,
microphotographs, or electronic images evidencing the violation must be
available for inspection and admission into evidence in a proceeding to
adjudicate the liability for the infraction. A person receiving a
notice of infraction based on evidence detected by an automated traffic
safety camera may respond to the notice by mail.
(((e))) (f) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(e) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a rental
car business, satisfies the conditions under subsection (3) of this
section. If appropriate under the circumstances, a renter identified
under subsection (3)(a) of this section is responsible for an
infraction.
(((f))) (g) Notwithstanding any other provision of law, all
photographs, microphotographs, or electronic images prepared under this
section are for the exclusive use of law enforcement in the discharge
of duties under this section and are not open to the public and may not
be used in a court in a pending action or proceeding unless the action
or proceeding relates to a violation under this section. No
photograph, microphotograph, or electronic image may be used for any
purpose other than enforcement of violations under this section nor
retained longer than necessary to enforce this section.
(((g))) (h) All locations where an automated traffic safety camera
is used must be clearly marked by placing signs in locations that
clearly indicate to a driver that he or she is entering a zone where
traffic laws are enforced by an automated traffic safety camera.
(((h))) (i) If a county or city has established an authorized
automated traffic safety camera program under this section, the
compensation paid to the manufacturer or vendor of the equipment used
must be based only upon the value of the equipment and services
provided or rendered in support of the system, and may not be based
upon a portion of the fine or civil penalty imposed or the revenue
generated by the equipment.
(2) Infractions detected through the use of automated traffic
safety cameras are not part of the registered owner's driving record
under RCW 46.52.101 and 46.52.120. Additionally, infractions generated
by the use of automated traffic safety cameras under this section shall
be processed in the same manner as parking infractions, including for
the purposes of RCW ((3.46.120,)) 3.50.100, 35.20.220, 46.16.216, and
46.20.270(3). However, the amount of the fine issued for an infraction
generated through the use of an automated traffic safety camera shall
not exceed the amount of a fine issued for other parking infractions
within the jurisdiction.
(3) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction being issued under this section, provide a written notice to
the rental car business that a notice of infraction may be issued to
the rental car business if the rental car business does not, within
eighteen days of receiving the written notice, provide to the issuing
agency by return mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or
(b) A statement under oath that the business is unable to determine
who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction.
A statement provided under this subsection must be accompanied by a
copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
Timely mailing of this statement to the issuing law enforcement
agency relieves a rental car business of any liability under this
chapter for the notice of infraction.
(4) Nothing in this section prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
(b), or (c).
(5) For the purposes of this section, "automated traffic safety
camera" means a device that uses a vehicle sensor installed to work in
conjunction with an intersection traffic control system, a railroad
grade crossing control system, or a speed measuring device, and a
camera synchronized to automatically record one or more sequenced
photographs, microphotographs, or electronic images of the rear of a
motor vehicle at the time the vehicle fails to stop when facing a
steady red traffic control signal or an activated railroad grade
crossing control signal, or exceeds a speed limit in a school speed
zone as detected by a speed measuring device. During the 2009-2011
fiscal biennium, an automated traffic safety camera includes a camera
used to detect speed violations for the purposes of section 201(1) of
this act.
Sec. 714 RCW 46.68.220 and 2009 c 8 s 503 are each amended to
read as follows:
The department of licensing services account is created in the
motor vehicle fund. All receipts from service fees received under RCW
46.01.140(4)(b) shall be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures from the
account may be used only for information and service delivery systems
for the department, and for reimbursement of county licensing
activities. During the 2007-2009 and 2009-2011 fiscal ((biennium))
biennia, the legislature may transfer from the department of licensing
services account such amounts as reflect the excess fund balance of the
account.
NEW SECTION. Sec. 801 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 802 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.