Passed by the Senate February 10, 2010 YEAS 49   ________________________________________ President of the Senate Passed by the House March 11, 2010 YEAS 72   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6774 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/04/10.
AN ACT Relating to transportation benefit districts; and amending RCW 36.73.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.73.020 and 2009 c 515 s 14 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)) or 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;
(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)), with the
governing body ((shall be)) being composed of (a) at least five members
including at least one elected official from the legislative authority
of each participating jurisdiction or (b) the governing body of the
metropolitan planning organization serving the district, but only if
the district boundaries are identical to the boundaries of the
metropolitan planning organization serving the district.
(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.