Passed by the House April 20, 2009 Yeas 95   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 10, 2009 Yeas 46   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2072 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 03/03/09.
AN ACT Relating to advancing effective transportation for persons with special transportation needs; amending RCW 47.06B.010, 47.06B.020, 47.06B.030, 47.06B.050, 36.73.020, 47.80.023, 47.06B.900, and 47.06B.901; adding new sections to chapter 47.06B RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 35.58 RCW; adding a new section to chapter 47.01 RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 47.06B RCW
to read as follows:
(1) In 2007, the legislature directed the joint transportation
committee to conduct a study of special needs transportation to examine
and evaluate the effectiveness of special needs transportation in the
state. A particular goal of the study was to explore opportunities to
enhance coordination of special needs transportation programs to ensure
that they are delivered efficiently and result in improved access and
increased mobility options for their clients. It is the intent of the
legislature to further consider some of the recommendations, and to
implement many of these recommendations in the form of two pilot
projects that will test the potential for applying these
recommendations statewide in the future.
(2) The legislature is aware that the department of social and
health services submitted an application in December of 2008 to the
federal centers for medicare and medicaid services, seeking approval to
use the medical match system, a federal funding system that has
different requirements from the federal administrative match system
currently used by the department. It is the intent of the legislature
to advance the goals of this act and the recommendations of the study
identified in subsection (1) of this section without jeopardizing the
application made by the department.
(3) By August 15, 2009, the agency council on coordinated
transportation shall appoint a work group for the purpose of
identifying relevant federal requirements related to special needs
transportation, and identifying solutions to streamline the
requirements and increase efficiencies in transportation services
provided for persons with special transportation needs. To advance its
purpose, the work group shall work with relevant federal
representatives and agencies to identify and address various challenges
and barriers.
(4) Membership of the work group must include, but not be limited
to, one or more representatives from:
(a) The departments of transportation, veterans affairs, health,
and social and health services;
(b) Medicaid nonemergency medical transportation brokers;
(c) Public transit agencies;
(d) Regional and metropolitan transportation planning
organizations, including a representative of the regional
transportation planning organization or organizations that provide
staff support to the local coordinating coalition established under
section 9 of this act;
(e) Indian tribes;
(f) The agency council on coordinated transportation;
(g) The local coordinating coalitions established under section 9
of this act; and
(h) The office of the superintendent of public instruction.
(5) The work group shall elect one or more of its members to
service as chair or cochairs.
(6) The work group shall immediately contact representatives of the
federal congressional delegation for Washington state and the relevant
federal agencies and coordinating authorities including, but not
limited to, the federal transit administration, the United States
department of health and human services, and the interagency
transportation coordinating council on access and mobility, and invite
the federal representatives to work collaboratively to:
(a) Identify transportation definitions and terminology used in the
various relevant state and federal programs, and establish consistent
transportation definitions and terminology. For purposes of this
subsection, relevant state definitions exclude terminology that
requires a medical determination, including whether a trip or service
is medically necessary;
(b) Identify restrictions or barriers that preclude federal, state,
and local agencies from sharing client lists or other client
information, and make progress towards removing any restrictions or
barriers;
(c) Identify relevant state and federal performance and cost
reporting systems and requirements, and work towards establishing
consistent and uniform performance and cost reporting systems and
requirements; and
(d) Explore, subject to federal approval, opportunities to test
cost allocation models, including the pilot projects established in
section 11 of this act, that:
(i) Allow for cost sharing among public paratransit and medicaid
nonemergency medical trips; and
(ii) Capture the value of medicaid trips provided by public transit
agencies for which they are not currently reimbursed with a funding
match by federal medicaid dollars.
(7) By December 1, 2009, the work group shall submit a report to
the joint transportation committee that explains the progress made
towards the goals of this section and identifies any necessary
legislative action that must be taken to implement all the provisions
of this section. A second progress report must be submitted to the
joint transportation committee by June 1, 2010, and a final report must
be submitted to the joint transportation committee by December 1, 2010.
NEW SECTION. Sec. 2 A new section is added to chapter 47.06B RCW
to read as follows:
(1) By August 15, 2009, the agency council on coordinated
transportation shall appoint a work group to consider certain
recommendations resulting from the study identified in section 1(1) of
this act. In conducting its analysis, the work group must consult with
the appropriate federal agencies, including the federal transit
administration, the United States department of health and human
services, and the interagency transportation coordinating council on
access and mobility.
(2) The work group must be chaired by a representative of the
agency council on coordinated transportation, and members must include
one or more representatives of:
(a) Regional and metropolitan planning organizations;
(b) Transit agencies;
(c) Brokerages providing nonemergency medical transportation
services; and
(d) The department of social and health services.
(3) The work group may consider any recommendation resulting from
the study identified in section 1(1) of this act, and shall
specifically consider the study's recommendations regarding the
procurement and designation of community access managers, including:
(a) The most appropriate agency to make those designations;
(b) The preferred geographic regions in which to establish
community access managers;
(c) The duties and responsibilities of community access managers;
and
(d) Any study recommendations that may interfere with the
department's application as described in section 1(2) of this act, and
potential solutions to those issues.
(4) The work group may also develop an alternative to the community
access manager model proposed in the 2009 special needs transportation
study recommendations, as described in section 1(1) of this act, as a
recommendation to be considered by the joint transportation committee.
Any proposed alternative model must build upon the work conducted in
the pilot projects under section 11 of this act and the work completed
in the 2009 study, and must be consistent with the goals of the 2009
study.
(5) Subject to available funds, the work group may consult with
other agencies and organizations as needed.
(6) By December 1, 2009, the agency council on coordinated
transportation shall submit a report to the joint transportation
committee describing the work group's findings and recommendations for
implementing the study recommendations. If the work group finds that
additional time is needed to complete its analysis, a second progress
report must be submitted to the joint transportation committee by June
1, 2010.
Sec. 3 RCW 47.06B.010 and 2007 c 421 s 1 are each amended to read
as follows:
The legislature finds that transportation systems for persons with
special needs are not operated as efficiently as possible. In too many
cases, programs established by the legislature to assist persons with
special needs can not be accessed due to these inefficiencies and
coordination barriers.
The legislature further finds that the transportation needs of each
community are unique, and that transportation services may be improved
by establishing a system of statewide oversight that seeks input,
collaboration, and cooperation from and among all local service
providers, including public agencies, private organizations, and
community-based groups.
It is the intent of the legislature that public transportation
agencies, pupil transportation programs, private nonprofit
transportation providers, and other public agencies sponsoring programs
that require transportation services coordinate those transportation
services. Through coordination of transportation services, programs
will achieve increased efficiencies and will be able to provide more
rides to a greater number of persons with special needs.
Sec. 4 RCW 47.06B.020 and 2007 c 421 s 2 are each amended to read
as follows:
(1) The agency council on coordinated transportation is created.
The purpose of the council is to advance and improve accessibility to
and coordination of special needs transportation services statewide.
The council is composed of ((ten)) fourteen voting members and four
nonvoting, legislative members.
(2) The ((ten)) fourteen voting members are the superintendent of
public instruction or a designee, the secretary of transportation or a
designee, the secretary of the department of social and health services
or a designee, and ((seven)) eleven members appointed by the governor
as follows:
(a) One representative from the office of the governor;
(b) Three persons who are consumers of special needs transportation
services, which must include:
(i) One person designated by the executive director of the
governor's committee on disability issues and employment; and
(ii) One person who is designated by the executive director of the
developmental disabilities council;
(c) One representative from the Washington association of pupil
transportation;
(d) One representative from the Washington state transit
association; ((and))
(e) One of the following:
(i) A representative from the community transportation association
of the Northwest; or
(ii) A representative from the community action council
association;
(f) One person who represents regional transportation planning
organizations and metropolitan planning organizations;
(g) One representative of brokers who provide nonemergency,
medically necessary trips to persons with special transportation needs
under the medicaid program administered by the department of social and
health services;
(h) One representative from the Washington state department of
veterans affairs; and
(i) One representative of the state association of counties.
(3) The four nonvoting members are legislators as follows:
(a) Two members from the house of representatives, one from each of
the two largest caucuses, appointed by the speaker of the house of
representatives, including at least one member from the house
transportation policy and budget committee or the house appropriations
committee; and
(b) Two members from the senate, one from each of the two largest
caucuses, appointed by the president of the senate, including at least
one member from the senate transportation committee or the senate ways
and means committee.
(4) Gubernatorial appointees of the council will serve two-year
terms. Members may not receive compensation for their service on the
council, but will be reimbursed for actual and necessary expenses
incurred in performing their duties as members as set forth in RCW
43.03.220.
(5) ((The secretary of transportation or a designee shall serve as
the chair.)) The council shall vote on an annual basis to elect one of its
voting members to serve as chair. The position of chair must rotate
among the represented agencies, associations, and interest groups at
least every two years. If the position of chair is vacated for any
reason, the secretary of transportation or the secretary's designee
shall serve as acting chair until the next regular meeting of the
council, at which time the members will elect a chair.
(6)
(6) The council shall periodically assess its membership to ensure
that there exists a balanced representation of persons with special
transportation needs and providers of special transportation needs
services. Recommendations for modifying the membership of the council
must be included in the council's biennial report to the legislature as
provided in RCW 47.06B.050.
(7) The department of transportation shall provide necessary staff
support for the council.
(((7))) (8) The council may receive gifts, grants, or endowments
from public or private sources that are made from time to time, in
trust or otherwise, for the use and benefit of the purposes of the
council and spend gifts, grants, or endowments or income from the
public or private sources according to their terms, unless the receipt
of the gifts, grants, or endowments violates RCW 42.17.710.
(((8))) (9) The meetings of the council must be open to the public,
with the agenda published in advance, and minutes kept and made
available to the public. The public notice of the meetings must
indicate that accommodations for persons with disabilities will be made
available upon request.
(((9))) (10) All meetings of the council must be held in locations
that are readily accessible to public transportation, and must be
scheduled for times when public transportation is available.
(((10))) (11) The council shall make an effort to include
presentations by and work sessions including persons with special
transportation needs.
Sec. 5 RCW 47.06B.030 and 2007 c 421 s 3 are each amended to read
as follows:
(((1))) To assure implementation of an effective system of
coordinated transportation that meets the needs of persons with special
transportation needs, the agency council on coordinated transportation
shall:
(1) Consistent with the policy goals set forth in RCW 47.04.280,
propose statewide policies and objectives, subject to enactment by the
legislature, that are designed to advance the coordination of and to
increase efficiencies in special needs transportation services;
(2) Adopt a biennial work plan that must, at a minimum:
(a) Focus on projects that identify and address barriers in laws,
policies, and procedures;
(b) Focus on results; and
(c) Identify and advocate for transportation system improvements
for persons with special transportation needs((.));
(2) The council shall,
(3) Collaborate with and monitor the efforts of the local
coordinating coalitions established under section 9 of this act;
(4) Establish uniform measurable outcome-based performance
objectives and measures for evaluating:
(a) The effectiveness of any grant programs administered by the
council;
(b) The council's progress made toward accomplishing its overall
objectives; and
(c) In collaboration with local coordinating coalitions established
under section 9 of this act, the progress made in each region toward
advancing coordination of and accessibility to special needs
transportation services;
(5) Periodically provide input and recommendations to local and
regional planning organizations for advancing special needs coordinated
transportation;
(6) Appoint members to local coordinating coalitions, as provided
in section 9 of this act;
(7) Beginning with the 2009-2011 biennial transportation budget,
and at the request of the department, review and assess applications
made for state paratransit/special needs grants, as provided in section
223(1), chapter 121, Laws of 2008, or other special needs
transportation grants administered by the department;
(8) As necessary, convene work groups at the state, regional, or
local level to develop and implement coordinated approaches to special
needs transportation((.));
(3)
(9) To improve the service experienced by persons with special
transportation needs, ((the council shall)) develop statewide
guidelines for customer complaint processes so that information about
policies regarding the complaint processes is available consistently
and consumers are appropriately educated about available options. To
be eligible for funding on or after January 1, 2008, organizations
applying for state paratransit/special needs grants as described in
section 226(1), chapter 370, Laws of 2006 must implement a process
following the guidelines established by the council((.)); and
(4) The council shall
(10) Represent the needs and interests of persons with special
transportation needs in statewide efforts for emergency and disaster
preparedness planning by advising the emergency management council on
how to address transportation needs for high-risk individuals during
and after disasters.
NEW SECTION. Sec. 6 A new section is added to chapter 47.06B RCW
to read as follows:
(1) The legislature acknowledges that successful models of
coordination among state, regional, and local service providers
recognize that cost accounting and cost allocation are integral
components in meeting the statutory obligations of the various funding
sources that may be used to support the purchase of services from
special needs transportation service providers. To that end, the
agency council on coordinated transportation must work collaboratively
with any appropriate agencies and transportation providers and
organizations to:
(a) Develop and adopt common units of service definitions
including, but not limited to, definitions for vehicle miles, vehicle
hours, and passenger trips, consistent with any relevant definitions
established under section 1 of this act. For purposes of this
subsection, "common units of service" excludes elements involving
medical determinations, including whether a trip type or transportation
service is medically necessary; and
(b) Develop uniform performance and cost reporting systems,
consistent with performance and cost reporting systems established
under section 1 of this act.
(2) By December 1, 2009, the agency council on coordinated
transportation shall submit a report to the joint transportation
committee that, at a minimum, describes the progress made towards the
goals of this section. If necessary, a second progress report must be
submitted to the joint transportation committee by June 1, 2010, and a
final report must be submitted to the joint transportation committee by
December 1, 2010.
NEW SECTION. Sec. 7 A new section is added to chapter 47.06B RCW
to read as follows:
(1) In cooperation with the department of social and health
services and the Washington state patrol, the agency council on
coordinated transportation shall make progress toward the goal of
establishing a single clearinghouse for driver background checks within
the most cost-effective agency. To that end, the council shall, at a
minimum:
(a) Review any previous relevant studies;
(b) Identify and collaborate with agencies engaged in background
check analysis; and
(c) Develop a work plan to achieve the objectives identified in
this subsection.
(2) By December 1, 2009, the agency council on coordinated
transportation shall submit a report to the joint transportation
committee that, at a minimum, describes the progress made towards the
goals of this section. If necessary, a second progress report must be
submitted to the joint transportation committee by June 1, 2010, and a
final report must be submitted to the joint transportation committee by
December 1, 2010.
Sec. 8 RCW 47.06B.050 and 2007 c 421 s 6 are each amended to read
as follows:
The agency council on coordinated transportation shall submit a
progress report ((on council activities)) to the legislature by
December 1, 2009, and every other year thereafter. The report must
describe the council's progress in achieving its objectives and in
attaining the applicable goals identified in the council's biennial
work plan and highlight any problems encountered in achieving these
goals. The report must also include the required performance measure
evaluations established in RCW 47.06B.030(4). The information will be
reported in a form established by the council.
NEW SECTION. Sec. 9 A new section is added to chapter 47.06B RCW
to read as follows:
(1) A local coordinating coalition is created in each nonemergency
medical transportation brokerage region, as designated by the
department of social and health services, that encompasses:
(a) A single county that has a population of more than seven
hundred fifty thousand but less than one million; and
(b) Five counties, and is comprised of at least one county that has
a population of more than four hundred thousand.
(2) The purpose of a local coordinating coalition is to advance
local efforts to coordinate and maximize efficiencies in special needs
transportation programs and services, contributing to the overall
objectives and goals of the agency council on coordinated
transportation. The local coordinating coalition shall serve in an
advisory capacity to the agency council on coordinated transportation
by providing the council with a focused and ongoing assessment of the
special transportation needs and services provided within its region.
(3) The composition and size of each local coordinating coalition
may vary by region. Local coordinating coalition members, appointed by
the chair of the agency council on coordinated transportation to two-year terms, must reflect a balanced representation of the region's
providers of special needs transportation services and must include:
(a) Members of existing local coordinating coalitions, with
approval by those members;
(b) One or more representatives of the public transit agency or
agencies serving the region;
(c) One or more representatives of private service providers;
(d) A representative of civic or community-based service providers;
(e) A consumer of special needs transportation services;
(f) A representative of nonemergency medical transportation
medicaid brokers;
(g) A representative of social and human service programs;
(h) A representative of local high school districts; and
(i) A representative from the Washington state department of
veterans affairs.
(4) Each coalition shall vote on an annual basis to elect one of
its members to serve as chair. The position of chair must rotate among
the represented members at least every two years. If the position of
chair is vacated for any reason, the member representing the regional
transportation planning organization described in subsection (6) of
this section shall serve as acting chair until the next regular meeting
of the coalition, at which time the members will elect a chair.
(5) Regular meetings of the local coordinating coalition may be
convened at the call of the chair or by a majority of the members.
Meetings must be open to the public, and held in locations that are
readily accessible to public transportation.
(6) The regional transportation planning organization, as described
in chapter 47.80 RCW, serving the region in which the local
coordinating coalition is created shall provide necessary staff support
for the local coordinating coalition. In regions served by more than
one regional transportation planning organization, unless otherwise
agreed to by the relevant planning organizations, the regional
transportation planning organization serving the largest population
within the region shall provide the necessary staff support.
NEW SECTION. Sec. 10 A new section is added to chapter 47.06B
RCW to read as follows:
Local coordinating coalitions established under section 9 of this
act shall:
(1) Identify, to the greatest extent possible, all local
transportation facilities, services, and providers serving persons with
special transportation needs in the region, including public transit
agencies, private companies, nonprofit organizations, and community-
based groups. For each service provider, the coalition shall identify
the boundaries within which services are provided;
(2) Identify local service needs, including connectivity gaps and
other barriers to reliable and efficient transportation within and
across service boundaries;
(3) Consider strategies to address the local service needs and gaps
identified in subsection (2) of this section;
(4) In consultation with the agency council on coordinated
transportation, collaborate with local service providers and operators
to identify and propose common connectivity standards. The
connectivity standards must, at a minimum, address signage, transit
information, schedule coordination, and services provided to address
access to and from a transit stop or facility; and
(5) Beginning December 1, 2009, submit an annual report to the
agency council on coordinated transportation that must, at a minimum,
describe local efforts to coordinate and maximize efficiencies in
special needs transportation programs and services, and progress made
in addressing the duties described in this section.
NEW SECTION. Sec. 11 A new section is added to chapter 47.06B
RCW to read as follows:
(1) In addition to the duties identified in sections 9 and 10 of
this act, each local coordinating coalition shall develop or implement
a pilot project within the coalition's region, as described under
section 9(1) of this act, for the purpose of demonstrating cost sharing
and cost saving opportunities as described in subsection (2) of this
section, and shall keep the agency council on coordinated
transportation informed of progress made toward implementing the pilot
project. In developing or implementing the pilot project, the local
coordinating coalition shall collaborate with the appropriate federal
agencies, including the federal transit authority and United States
department of health and human services, and may collaborate with other
agencies and organizations as deemed appropriate.
(2) The pilot project must be designed to:
(a) Demonstrate opportunities for cost sharing, including but not
limited to opportunities among public paratransit and medicaid
nonemergency medical trips; and
(b) Test the feasibility of capturing the value of medicaid trips
provided by public transit agencies for which they are not currently
reimbursed with a funding match by federal medicaid dollars.
(3) By December 1, 2009, and by June 1, 2010, each local
coordinating coalition shall submit a status report to the joint
transportation committee and agency council on coordinated
transportation describing progress made in implementing the pilot
project. By December 1, 2010, each local coordinating coalition shall
issue a final report to the joint transportation committee and the
agency council on coordinated transportation describing progress made
in implementing the pilot project.
NEW SECTION. Sec. 12 A new section is added to chapter 28A.300
RCW to read as follows:
By December 31, 2010, the office of the superintendent of public
instruction shall establish a uniform process designed to track the
additional expenditures for transporting homeless students, including
expenditures required under the McKinney Vento act, reauthorized as
Title X, Part C, of the no child left behind act, P.L. 107-110, in
January 2002. Once established, the superintendent shall adopt the
necessary administrative rules to direct each school district to adopt
and use the uniform process and track these expenditures. The
superintendent shall provide information annually to the agency council
on coordinated transportation, created in chapter 47.06B RCW, on total
expenditures related to the transportation of homeless students.
NEW SECTION. Sec. 13 A new section is added to chapter 35.58 RCW
to read as follows:
A municipality, as defined in RCW 35.58.272, and each regional
transit authority shall work collaboratively with the appropriate local
coordinating coalition or coalitions as described under section 9 of
this act to advance the coordination of and maximize efficiencies in
transportation services provided to persons with special transportation
needs as defined in RCW 47.06B.012.
Sec. 14 RCW 36.73.020 and 2006 c 311 s 25 are each amended to
read as follows:
(1) The legislative authority of a county or city may establish a
transportation benefit district within the county or city area or
within the area specified in subsection (2) of this section, for the
purpose of acquiring, constructing, improving, providing, and funding
a transportation improvement within the district that is consistent
with any existing state, regional, and local transportation plans and
necessitated by existing or reasonably foreseeable congestion levels.
The transportation improvements shall be owned by the county of
jurisdiction if located in an unincorporated area, by the city of
jurisdiction if located in an incorporated area, or by the state in
cases where the transportation improvement is or becomes a state
highway. However, if deemed appropriate by the governing body of the
transportation benefit district, a transportation improvement may be
owned by a participating port district or transit district, unless
otherwise prohibited by law. Transportation improvements shall be
administered and maintained as other public streets, roads, highways,
and transportation improvements. To the extent practicable, the
district shall consider the following criteria when selecting
transportation improvements:
(a) Reduced risk of transportation facility failure and improved
safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time; ((and))
(i) Improved accessibility for, or other benefits to, persons with
special transportation needs as defined in RCW 47.06B.012; and
(j) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district may
include area within more than one county, city, port district, county
transportation authority, or public transportation benefit area, if the
legislative authority of each participating jurisdiction has agreed to
the inclusion as provided in an interlocal agreement adopted pursuant
to chapter 39.34 RCW. However, the boundaries of the district need not
include all territory within the boundaries of the participating
jurisdictions comprising the district.
(3) The members of the legislative authority proposing to establish
the district, acting ex officio and independently, shall constitute the
governing body of the district: PROVIDED, That where a district
includes area within more than one jurisdiction under subsection (2) of
this section, the district shall be governed under an interlocal
agreement adopted pursuant to chapter 39.34 RCW. However, the
governing body shall be composed of at least five members including at
least one elected official from the legislative authority of each
participating jurisdiction.
(4) The treasurer of the jurisdiction proposing to establish the
district shall act as the ex officio treasurer of the district, unless
an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters
residing within the district.
(6) Prior to December 1, 2007, the authority under this section,
regarding the establishment of or the participation in a district,
shall not apply to:
(a) Counties with a population greater than one million five
hundred thousand persons and any adjoining counties with a population
greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of this
subsection; and
(c) Other jurisdictions with any area within the counties under (a)
of this subsection.
Sec. 15 RCW 47.80.023 and 2007 c 421 s 5 are each amended to read
as follows:
Each regional transportation planning organization shall have the
following duties:
(1) Prepare and periodically update a transportation strategy for
the region. The strategy shall address alternative transportation
modes and transportation demand management measures in regional
corridors and shall recommend preferred transportation policies to
implement adopted growth strategies. The strategy shall serve as a
guide in preparation of the regional transportation plan.
(2) Prepare a regional transportation plan as set forth in RCW
47.80.030 that is consistent with county-wide planning policies if such
have been adopted pursuant to chapter 36.70A RCW, with county, city,
and town comprehensive plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation elements
of comprehensive plans adopted by counties, cities, and towns within
the region reflect the guidelines and principles developed pursuant to
RCW 47.80.026, are consistent with the adopted regional transportation
plan, and, where appropriate, conform with the requirements of RCW
36.70A.070.
(4) Where appropriate, certify that county-wide planning policies
adopted under RCW 36.70A.210 and the adopted regional transportation
plan are consistent.
(5) Develop, in cooperation with the department of transportation,
operators of public transportation services and local governments
within the region, a six-year regional transportation improvement
program which proposes regionally significant transportation projects
and programs and transportation demand management measures. The
regional transportation improvement program shall be based on the
programs, projects, and transportation demand management measures of
regional significance as identified by transit agencies, cities, and
counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121,
respectively, and any recommended programs or projects identified by
the agency council on coordinated transportation, as provided in
chapter 47.06B RCW, that advance special needs coordinated
transportation as defined in RCW 47.06B.012. The program shall include
a priority list of projects and programs, project segments and
programs, transportation demand management measures, and a specific
financial plan that demonstrates how the transportation improvement
program can be funded. The program shall be updated at least every two
years for the ensuing six-year period.
(6) Include specific opportunities and projects to advance special
needs coordinated transportation, as defined in RCW 47.06B.012, in the
coordinated transit-human services transportation plan, after providing
opportunity for public comment.
(7) Designate a lead planning agency to coordinate preparation of
the regional transportation plan and carry out the other
responsibilities of the organization. The lead planning agency may be
a regional organization, a component county, city, or town agency, or
the appropriate Washington state department of transportation district
office.
(((7))) (8) Review level of service methodologies used by cities
and counties planning under chapter 36.70A RCW to promote a consistent
regional evaluation of transportation facilities and corridors.
(((8))) (9) Work with cities, counties, transit agencies, the
department of transportation, and others to develop level of service
standards or alternative transportation performance measures.
(((9))) (10) Submit to the agency council on coordinated
transportation, as provided in chapter 47.06B RCW, beginning on July 1,
2007, and every four years thereafter, an updated plan that includes
the elements identified by the council. Each regional transportation
planning organization must submit to the council every two years a
prioritized regional human service and transportation project list.
NEW SECTION. Sec. 16 A new section is added to chapter 47.01 RCW
to read as follows:
(1) To be eligible for funding on or after January 1, 2010, any
organization applying for state paratransit/special needs grants, as
described in section 223(1), chapter 121, Laws of 2008, or for other
funding provided for persons with special transportation needs, as
defined in RCW 47.06B.012, must include in its application, in addition
to meeting other eligibility requirements provided in law, an
explanation of how the requested funding will advance efficiencies in,
accessibility to, or coordination of transportation services provided
to persons with special transportation needs as defined in RCW
47.06B.012.
(2) Unless otherwise required by law, in administering federal
funding provided for special needs transportation purposes, including
funding under SAFETEA-LU, the safe, accountable, flexible, efficient
transportation equity act, P.L. 109-59, or its successor, the
department shall give priority to projects that result in increased
efficiencies in special needs transportation or improved coordination
among special needs transportation service providers.
(3) In making final grant award determinations under subsection (1)
of this section, the department shall seek input from the agency
council on coordinated transportation, as provided in chapter 47.06B
RCW, and shall give substantial deference to applications recommended
by the council.
Sec. 17 RCW 47.06B.900 and 2007 c 421 s 8 are each amended to
read as follows:
The agency council on coordinated transportation is terminated on
June 30, ((2010)) 2011, as provided in RCW 47.06B.901.
Sec. 18 RCW 47.06B.901 and 2007 c 421 s 9 are each amended to
read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, ((2011)) 2012:
(1) RCW 47.06B.010 and 2009 c . . . s 3 (section 3 of this act),
2007 c 421 § 1, 1999 c 385 § 1, & 1998 c 173 § 1;
(2) RCW 47.06B.012 and 1999 c 385 § 2;
(3) RCW 47.06B.020 and 2009 c . . . s 4 (section 4 of this act),
2007 c 421 § 2, & 1998 c 173 § 2;
(4) RCW 47.06B.030 and 2009 c . . . s 5 (section 5 of this act),
2007 c 421 § 3, 1999 c 385 § 5, & 1998 c 173 § 3;
(5) RCW 47.06B.040 and 2007 c 421 § 4 & 1999 c 385 § 6; ((and))
(6) RCW 47.06B.050 and 2009 c . . . s 8 (section 8 of this act) &
2007 c 421 § 6;
(7) Section 1 of this act;
(8) Section 2 of this act;
(9) Section 6 of this act;
(10) Section 7 of this act;
(11) Section 9 of this act;
(12) Section 10 of this act; and
(13) Section 11 of this act.
NEW SECTION. Sec. 19 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2009, in the omnibus transportation appropriations
act, this act is null and void.