BILL REQ. #:  S-0551.1 

Read first time 01/23/09.   Referred to Committee on Transportation.

     AN ACT Relating to creating a regional transportation corridor authority; adding a new section to chapter 82.80 RCW; adding a new chapter to Title 47 RCW; creating a new section; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) A regional transportation corridor authority may be established by the governing body described in section 2 of this act, within a county with a population greater than one million five hundred thousand and any adjoining counties with a population greater than five hundred thousand, to provide for a comprehensive and integrated corridor-based multimodal regional transportation system within a defined transportation corridor. The first regional transportation corridor authority established after the effective date of this act must serve the following transportation corridor: State route number 520 and Interstate 90, between Interstate 5 and Interstate 405, but not including Interstate 5 and Interstate 405.
     (2) The taxing district boundaries of the first authority established after the effective date of this act must include the entire area of the corridor described in subsection (1) of this section and the entire area of any incorporated city within a five-mile radius of that corridor. The taxing district boundaries of subsequent authorities must include the entire area of the corridor defined by the authority under section 2(2) of this act and the entire area of any incorporated city within a five-mile radius of that corridor.
     (3) A regional transportation corridor authority is a quasi-municipal corporation and independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution.
     (4) A regional transportation corridor authority constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may be conferred by statute including, but not limited to, the authority to hire employees, staff, and services; to enter into contracts; to acquire, hold, and dispose of real and personal property; and to sue and be sued. Public works contract limits applicable to the county in which the authority is located apply to the authority.
     (5) A regional transportation corridor authority may exercise the power of eminent domain to obtain property for its authorized purposes in the same manner as authorized for the county in which the authority is located.
     (6) A regional transportation corridor authority may be dissolved by a majority vote of the governing body when all obligations under any general obligation bonds issued by the authority have been discharged and any other contractual obligations of the authority have either been discharged or assumed by another governmental entity.

NEW SECTION.  Sec. 2   (1) The governing body of the first regional transportation corridor authority established after the effective date of this act consists of the following members:
     (a) The mayor of the most populous incorporated city within the most populous county described in section 1(1) of this act;
     (b) One member chosen by all of the other incorporated cities located within a five-mile radius of the corridor described in section 1(1) of this act on a proportional basis based on population;
     (c) The county executive representing the county in which the corridor is located;
     (d) The executive director of the regional transportation planning organization serving the corridor area; and
     (e) The secretary of transportation.
     (2) Subsequent regional transportation corridor authorities may be established, with the establishment to include a definition of the transportation corridor to be served by the authority. If established, the authority will be governed by the following:
     (a) The mayor of the most populous incorporated city within the proposed corridor to be served by the authority;
     (b) One member chosen by all of the other incorporated cities located within a five-mile radius of the proposed corridor to be served by the authority on a proportional basis based on population;
     (c) The county executive representing the county in which the corridor is located;
     (d) The executive director of the regional transportation planning organization serving the corridor area; and
     (e) The secretary of transportation.

NEW SECTION.  Sec. 3   (1) A regional transportation corridor authority shall:
     (a) Prepare, adopt, and submit to regional voters a comprehensive and integrated corridor-based multimodal corridor management and investment plan that plans, prioritizes, manages, and finances transportation improvements that will serve the corridor, and amend the plan to meet changed conditions and requirements. The transportation improvements included in the plan may include both highway and public transportation projects and services. The plan must also identify which funding sources, as authorized under this chapter, will be levied, imposed, or otherwise authorized to carry out the transportation improvements identified in the plan. In implementing the plan, or exercising its authority under this section, the authority may: Levy, impose, collect, and spend taxes, fees, and charges; authorize and set tolls, including variable pricing, consistent with state tolling policies; receive and spend state, federal, and private funds; and lend and grant funds to public transportation agencies, cities, counties, other local governments, and the department for the purposes of planning, designing, constructing, operating, or maintaining transportation improvements within the corridor, including public transportation;
     (b) In conjunction with the regional transportation planning organization serving the area within the authority boundaries, the department and all transit agencies serving the corridor: Conduct comprehensive and integrated corridor-based multimodal transportation planning and prioritization activities that will improve the mobility of people and goods in the corridor; reduce transportation congestion; improve security and safety; coordinate and integrate transportation and land use planning, including multimodal transportation improvements and strategies that comply with the transportation concurrency requirements under RCW 36.70A.070(6) and 36.70A.108; improve modal connectivity; and generally assist in providing an efficient regional transportation system. The transportation planning and prioritization activities must provide for, wherever feasible, transportation demand/capacity management, pricing coordination, mass transit, and coordinated transportation governance. Corridor planning should include the full range of strategies available that most efficiently move people and goods consistent with the region's land use goals including, without limitation: Demand management tools, such as congestion pricing, parking pricing, and trip reduction incentives; high capacity transit expansion; increased local transit; investments in regionally significant bicycle paths and pedestrian connections; and expanded roadway capacity; and
     (c) Prioritize all state transportation improvements within the corridor and the order in which state transportation funds for transportation improvements within the corridor are expended, and receive state funds, and control the disbursement of those funds, for transportation improvements within the corridor. The department, and appropriate local and regional jurisdictions, shall negotiate with the regional transportation corridor authority to assist the authority in accomplishing the requirements of this subsection (1)(c).
     (2) An initial corridor management and investment plan must be placed on a general election ballot for voter approval. If a majority of the voters within the authority boundaries voting on the plan vote in favor of it, the authority may implement measures contained in the plan. The ballot title must reference the plan. The authority may submit subsequent plans for voter approval at general or special elections that the authority determines as appropriate.
     (3) Before a corridor management and investment plan may be submitted to the voters, the authority shall develop project performance measures and benchmarks designed to assure that project delivery occurs in a timely and efficient manner and satisfies the project criteria as outlined in the plan.
     (4) Before adoption, approval, or amendment of a corridor management and investment plan, the authority shall hold at least one public hearing to allow citizens, public agencies, freight shippers, providers of freight and public transportation services, representatives of pedestrian walkway and bicycle facility users, representatives for individuals with disabilities, and agencies for safety/security operations a reasonable opportunity to be involved in the transportation planning process.

NEW SECTION.  Sec. 4   A regional transportation corridor authority may, as part of a corridor management and investment plan, recommend the imposition or authorization of some or all of the following revenue sources, which a regional transportation corridor authority may levy, impose, or authorize if contained in a plan approved by the voters under section 3 of this act:
     (1) A local motor vehicle excise tax under section 6 of this act; and
     (2) Vehicle tolls and demand management charges on transportation improvements within the corridor, if the following conditions are met:
     (a) The corridor management and investment plan must identify the facilities that may be tolled;
     (b) The tolls or charges must generate revenues for the corridor system to optimize predictable traffic flow, reduce congestion in the corridor, and support alternative transportation options within the corridor;
     (c) The tolls or charges must be consistent with tolling policies adopted by the legislature or the state transportation commission;
     (d) The revenues are used only to support the transportation improvements identified in a corridor management and investment plan adopted by an authority under section 3 of this act; and
     (e) Unless otherwise specified by law or by contract between the authority and the department, the department shall administer the collection of vehicle rates, tolls, and charges on designated facilities, which must, if required by the department, be compatible with statewide standards and protocols for intermodal and interfacility charges.

NEW SECTION.  Sec. 5   (1) To carry out the purposes of this chapter, a regional transportation corridor authority may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter-approved general obligation indebtedness, equal to one and one-half percent of the value of the taxable property within the authority. A regional transportation corridor authority may also issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to five percent of the value of the taxable property within the authority when authorized by the voters of the authority pursuant to Article VIII, section 6 of the state Constitution. For the purposes of this subsection, "value of the taxable property" has the same meaning as in RCW 39.36.015.
     (2) General obligation bonds with a maturity in excess of forty years must not be issued. The governing body of the regional transportation corridor authority shall by resolution determine for each general obligation bond issued the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be affected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
     (3) Whenever general obligation bonds are issued to fund specific projects or enterprises that generate revenues, charges, user fees, or special assessments, the regional transportation corridor authority may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. The regional transportation corridor authority may also pledge any other revenues that may be available to the authority.
     (4) In addition to general obligation bonds, a regional transportation corridor authority may issue revenue bonds to be issued and sold in accordance with chapter 39.46 RCW.

NEW SECTION.  Sec. 6   A new section is added to chapter 82.80 RCW to read as follows:
     (1) A regional transportation corridor authority may, with voter approval, impose a local surcharge of not more than eight-tenths of one percent of the value on vehicles registered to a person residing within the authority. A surcharge may not be imposed on vehicles subject to fees under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, 46.16.085, or 46.16.090.
     (2) An authority imposing a surcharge under this section shall contract, before the effective date of the resolution or ordinance imposing a surcharge, for the administration and collection of the surcharge with the department of licensing, which shall deduct a percentage amount, as provided by contract, not to exceed two percent of the taxes, for administration and collection expenses incurred by the department.
     (3) The surcharge under this section must be administered in accordance with chapter 318, Laws of 2006. The surcharge or a change to the surcharge must take effect no sooner than seventy-five days after the department of licensing receives notice of the surcharge or change to the surcharge, and must take effect only on the first day of January, April, July, or October. Unless waived by the department of licensing, notice includes providing the department of licensing with digital mapping and legal descriptions of areas in which the surcharge will be collected.
     (4) The proceeds of the surcharge under this section must be used only to support the transportation improvements identified in a corridor management and investment plan adopted by an authority under section 3 of this act.

NEW SECTION.  Sec. 7   The joint transportation committee shall conduct a study of the feasibility, and stakeholder interest level, in allowing other regions of the state to establish regional transportation corridor authorities, including in Spokane and Clark counties. The committee, in conducting the study, must consult with appropriate local and regional stakeholders, including applicable counties, cities, transit agencies, and regional transportation planning organizations. The final report of the study, including recommendations, must be submitted to the transportation committees of the legislature and the governor by December 1, 2009.

NEW SECTION.  Sec. 8   The sum of two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2011, from the motor vehicle account to the joint transportation committee for the purposes of section 7 of this act.

NEW SECTION.  Sec. 9   Sections 1 through 5 of this act constitute a new chapter in Title 47 RCW.