| Passed by the Senate March 9, 2010 YEAS 37 BRAD OWEN ________________________________________ President of the Senate Passed by the House March 8, 2010 YEAS 78 FRANK CHOPP ________________________________________ 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 6381 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved March 30, 2010, 11:56 a.m.,
with the exception of Sections 215(3);
215(5); 221(13); 303(43); 304(15); 401,
page 89, lines 18-20, 23-25, and 26-27;
and 602 which are vetoed. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 31, 2010 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2010 Regular Session |
READ FIRST TIME 02/25/10.
AN ACT Relating to transportation funding and appropriations; amending RCW 43.19.642, 46.68.320, 47.12.340, and 70.95.532; amending 2009 c 8 s 2 (uncodified); amending 2009 c 470 ss 101, 102, 103, 104, 105, 106, 107, 108, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 222, 223, 224, 225, 302, 303, 306, 307, 308, 309, 310, 311, 401, 402, 403, 404, 405, 406, 407, 501, 503, 304, and 603 (uncodified); repealing 2009 c 470 s 502 (uncodified); 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:
Sec. 1 2009 c 8 s 2 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009.
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $341,400,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The entire appropriation in this section is ((provided solely))
for the projects and amounts listed in ARRA Washington State Project
LEAP document 2009, as developed on February 24, 2009. Funds under
this section may be reallocated among projects shown in the document to
the extent that the department finds it necessary for the purposes of
facilitating completion of the projects with the highest priority or to
maintain maximum federal funds eligibility.
(2) To achieve the legislative objectives provided in section 1(2)
of this act with respect to highway projects, it is the intent of the
legislature that the appropriation in this section be used for:
Transportation 2003 account (nickel account) projects and
transportation partnership account (TPA) projects that would have
otherwise been delayed due to decreased revenues, so as to advance
project completion dates similar to those envisioned in the enacted
2008 legislative list of projects; projects that preserve or
rehabilitate Washington state highways and roads; and projects that
modify roadway alignments and conditions to create safer roads for the
traveling public.
(3)(a) The department of transportation shall obligate at least
fifty percent of the funds no later than one hundred twenty days after
surface transportation program funds under the American Recovery and
Reinvestment Act of 2009 have been apportioned to the states;
(b) The department shall obligate all funds no later than one year
after surface transportation program funds under the American Recovery
and Reinvestment Act of 2009 have been apportioned to the states;
(c) The department shall place the first priority for allocating
funds on those projects listed as "First Tier" projects on ARRA
Washington State Project LEAP document 2009, as developed on February
24, 2009. The department shall place the second priority on projects
listed as "Second Tier" projects on the document; and
(d) Within each tier of projects on ARRA Washington State Project
LEAP document 2009, as developed on February 24, 2009, the department
shall place the highest priority for allocating funds on the
transportation 2003 account (nickel account) projects and
transportation partnership account (TPA) projects listed to advance
their completion. The department shall prioritize funding for other
projects within the tier according to how soon the contract for the
project could be awarded.
(4) By June 30, 2009, the department of transportation shall report
to the legislative standing committees on transportation and the office
of financial management on the status of federal stimulus funds
including, but not limited to, identifying the projects shown in ARRA
Washington State Project LEAP document 2009, as developed on February
24, 2009, for which federal stimulus funding has already been
obligated, the amount of federal recovery funds estimated to be
obligated to the projects, and the completion status of each project.
Subsequent status reports are due to the legislative standing
committees on transportation and the office of financial management on
August 31, 2009, and December 1, 2009.
Sec. 101 2009 c 470 s 101 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($422,000))
$413,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation is provided
solely for staffing costs to be dedicated to state transportation
activities. Staff hired to support transportation activities must have
practical experience with complex construction projects.
Sec. 102 2009 c 470 s 102 (uncodified) is amended to read as
follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Grade Crossing Protective Account -- State
Appropriation . . . . . . . . . . . . (($705,000))
$702,000
Sec. 103 2009 c 470 s 103 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($3,389,000))
$3,526,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($100,000))
$98,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,489,000))
$3,624,000
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.
(3) $150,000 of the motor vehicle account--state appropriation is
provided solely for the office of financial management to contract with
the Washington state association of counties for a pilot program to
develop and implement a streamlined process for programmatic hydraulic
project approvals for multiple, recurring local transportation and
public works projects. The pilot program must include the following:
(a) Describing, defining, and documenting classes of local
transportation and public works projects appropriate for programmatic
hydraulic project approvals permits; (b) developing technical
permitting requirements and conditions; (c) administratively adopting
and implementing programmatic hydraulic project approvals statewide;
and (d) piloting, reviewing, updating, and training throughout all
Washington counties. For the purpose of this subsection, the contract
with the Washington state association of counties is deemed a revenue
generation and auditing activity as that term is construed in section
602(2), chapter 3, Laws of 2010.
Sec. 104 2009 c 470 s 104 (uncodified) is amended to read as
follows:
FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($446,000))
$440,000
Sec. 105 2009 c 470 s 105 (uncodified) is amended to read as
follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($986,000))
$985,000
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.
Sec. 106 2009 c 470 s 106 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,507,000))
$1,493,000
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.
Sec. 107 2009 c 470 s 107 (uncodified) is amended to read as
follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($502,000))
$491,000
Sec. 108 2009 c 470 s 108 (uncodified) is amended to read as
follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $50,000
(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.
(3) As part of its 2009-11 fiscal biennium work plan, the joint
legislative audit and review committee shall conduct an analysis of the
cost of credit card payment options at the department of
transportation. For programs where a credit card payment option is
offered, the review must include:
(a) An analysis of the direct and indirect cost per transaction to
process customer payments using credit cards;
(b) An analysis of the direct and indirect cost per transaction for
other methods of processing customer payments;
(c) An analysis of the historical and projected total aggregate
costs for processing all forms of customer payments;
(d) Identification of whether there are customer service,
administrative, and revenue collection benefits resulting from credit
card usage; and
(e) A review of the use of credit card payment options in other
state agencies and in similar transportation programs at other states.
The committee shall provide a report on its findings and any
related recommendations to the legislature by January 2010.
(4)(a) As part of its 2009-11 fiscal biennium work plan, the entire
appropriation in this section is for the joint legislative audit and
review committee to conduct an analysis of the storm water permit
requirements issued by the department of ecology in February 2009 to
determine the costs and benefits of alternative options for the
department of transportation to meet the requirements. However, if the
committee does not include the analysis as part of its 2009-11 fiscal
biennium work plan by April 15, 2010, the amount provided in this
section lapses. The analysis must include, at a minimum, an analysis
of the following:
(i) The department of transportation performing the functions of
the permit in house;
(ii) The functions of the permit being consolidated within the
department of ecology or otherwise centralizing efforts for all state
agencies; and
(iii) The use of an external firm or organization to meet the
requirements.
(b) The entire appropriation is for a consultant contract to assist
the committee with its analysis. For the purpose of this subsection,
the consultant contract is deemed an auditing activity as that term is
construed in section 602(2), chapter 3, Laws of 2010.
(c) The committee shall provide a report to the legislature by
December 2010.
Sec. 201 2009 c 470 s 201 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($2,542,000))
$2,532,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($16,540,000))
$34,630,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,340,000
Highway Safety Account--Local Appropriation . . . . . . . . . . . . $50,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($22,472,000))
$40,552,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($2,670,000)) $2,826,000 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))
2010. The legislature anticipates that an additional (($1,830,000))
$1,673,900 will be appropriated from the highway safety account--federal in the 2011-13 fiscal biennium to conclude this pilot program.
(2) The commission may oversee pilot projects implementing the use
of automated traffic safety cameras to detect speed violations within
cities west of the Cascade mountains that have a population over two
hundred thousand. For the purposes of pilot projects in this
subsection, no more than one automated traffic safety camera may be
used to detect speed violations within any one jurisdiction.
(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.
(3) $18,000,000 of the highway safety account--federal
appropriation is for federal funds that may be received during the
2009-11 fiscal biennium. Upon receipt of the funds, the commission
shall provide a report on the use of the funds to the transportation
committees of the legislature and the office of financial management.
Sec. 202 2009 c 470 s 202 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($920,000))
$896,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,129,000))
$2,084,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($1,423,000))
$1,396,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,472,000))
$4,376,000
Sec. 203 2009 c 470 s 203 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($1,824,000))
$1,793,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($1,827,000))
$1,796,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,651,000))
$3,589,000
Sec. 204 2009 c 470 s 204 (uncodified) is amended to read as
follows:
FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,901,000))
$2,163,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $400,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,563,000
The appropriations in this section ((is)) are 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 work with staff from the senate
and the house of representatives transportation committees to identify
the scope of the review and to assure that the work performed meets the
needs of the house of representatives and the senate. The joint
transportation committee shall provide a report to the house of
representatives and senate transportation committees by September 1,
2009.
(3) $300,000 of the motor vehicle account--state appropriation is
for an independent analysis of methodologies to value the reversible
lanes on Interstate 90 to be used for high capacity transit pursuant to
sound transit proposition 1 approved by voters in November 2008. The
independent analysis shall be conducted by sound transit and the
department of transportation, using consultant resources deemed
appropriate by the secretary of the department, the chief executive
officer of sound transit, and the cochairs of the joint transportation
committee. It shall be conducted in consultation with the federal
transit and federal highway administrations and account for applicable
federal laws, regulations, and practices. It shall also account for
the 1976 Interstate 90 memorandum of agreement and subsequent 2004
amendment and the 1978 federal secretary of transportation's
environmental decision on Interstate 90. The department and sound
transit must provide periodic reports to the joint transportation
committee, the sound transit board of directors, and the governor, and
report final recommendations by November 1, 2009.
(4) The joint transportation committee shall perform a review of
the fuel tax refunds for nonhighway or off-road use of gasoline and
diesel fuels as listed in RCW 46.09.170, 46.10.150, and 79A.25.070.
The review must: Provide an overview of the off-road programs; analyze
historical funding and expenditures from the respective treasury
accounts; outline and provide process documentation on how the funds
are distributed to the treasury accounts; and document future
identified off-road, snowmobile, and marine funding needs. A report on
the joint transportation committee review must be presented to the
house of representatives and senate transportation committees by
December 31, 2010.
(5)(a) $350,000 of the multimodal transportation account--state
appropriation is for the joint transportation committee to conduct a
study to establish a statewide blueprint for public transportation that
will serve to guide state investments in public transportation. At a
minimum, the study should include an assessment of unmet operating and
capital needs of public transportation agencies, the state role in
funding those unmet needs, and the priorities for state investments.
The report should include efficiency and accountability measures that
inform future state investment in public transportation to maximize
mobility, social, economic, and environmental benefits provided to the
state.
(b) The statewide blueprint for public transportation should serve
to guide state investments to support public transportation and address
unmet needs to improve service, access to public transportation, and
connectivity between public transportation providers across
jurisdictional boundaries. The blueprint must be consistent with the
state's transportation system policy goals provided in RCW 47.04.280
and the statewide transportation plan provided in RCW 47.01.071(4).
(c) To provide input to the study, the joint transportation
committee shall convene a public transit advisory panel. The cochairs
of the committee shall appoint and convene the advisory panel to be
comprised of members as provided in this subsection:
(i) One member from each of the two largest caucuses of the senate;
(ii) One member from each of the two largest caucuses of the house
of representatives;
(iii) One representative of the department of transportation's
public transportation division;
(iv) Two representatives of users of public transportation systems,
one of which must represent persons with special needs;
(v) Three representatives from transit agencies from a list
recommended by the Washington state transit association;
(vi) Two representatives from regional transportation planning
organizations, one representing eastern Washington and one representing
western Washington;
(vii) Three representatives of employers at or owners of major work
sites in Washington;
(viii) The chief executive officer, or the chief executive
officer's designee, of a regional transit authority;
(ix) Two representatives of organizations that address primarily
environmental issues;
(x) One member of a collective bargaining organization that
primarily represents the interests of transit agency employees; and
(xi) Other individuals deemed appropriate.
Nonlegislative members of the advisory panel must seek
reimbursement for travel and other membership expenses through their
respective agencies or organizations. The committee may make
exceptions and approve certain expenses for good cause on a case-by-case basis.
(d) The joint transportation committee shall submit a report on the
study to the standing transportation committees of the legislature by
December 15, 2010.
(6) The joint transportation committee shall work with the
department of licensing, the office of the code reviser, staff to the
legislative transportation committees, and other stakeholders to
evaluate the implementation of Senate Bill No. 6379. At a minimum, the
evaluation must identify the unintended impacts of Senate Bill No. 6379
on policy and revenue collection, if any. The joint transportation
committee shall issue its evaluation, including corrective draft
legislation if needed, by December 1, 2010.
(7) $125,000 of the motor vehicle account--state appropriation is
for the joint transportation committee to evaluate the preparation of
state-level transportation plans. The evaluation must include a review
of federal planning requirements, the Washington transportation plan
and statewide modal plan requirements, and transportation plan
requirements for regional and local entities. The evaluation must make
recommendations concerning the appropriate responsibilities for
preparation of plans, methods to develop plans more efficiently, and
the utility of the state-level planning documents. The committee shall
issue a report of its evaluation, including draft legislation if
required, to the house of representatives and senate transportation
committees by December 15, 2010.
(8)(a) $200,000 of the motor vehicle account--state appropriation
is for the joint transportation committee to evaluate funding
assistance and services provided by the county road administration
board, transportation improvement board, freight mobility strategic
investment board, and the department of transportation's highway and
local programs division. In 2010, the governor recommended
consolidating small transportation agencies as part of an overall
effort to streamline state government, provide economies of scale, and
improve customer service. The evaluation may include recommendations
on consolidating the agencies within the department of transportation,
within another existing agency, or within a newly created agency. The
study may also make recommendations on restructuring grant programs to
generate efficiencies or other more efficient ways to distribute
associated revenues.
(b) The joint transportation committee shall form a policy work
group to oversee the evaluation. The work group must consist of
legislators appointed by the joint transportation committee and a
member of the governor's staff appointed by the governor.
(c) Any evaluation recommendations must be accompanied by a
detailed implementation plan. The plan must include details on the
recommended governance structure, accounts and program structure, and
transition process and associated costs. The plan must include a
proposed organization chart and proposed legislation to enact the
recommended changes. A preliminary evaluation must be made to the
joint transportation committee by November 15, 2010, and a final
evaluation is due on December 15, 2010.
(9) The joint transportation committee shall conduct the following
studies by December 15, 2010:
(a) A comparison of medical, time-loss, vocational and disability
benefits available to injured workers, and costs payable by the state
of Washington and employees, under the federal Jones act and
Washington's industrial insurance act. The report must include
information regarding the experience of the Alaska marine highway
system; and
(b) A comparison of the processing time of grievances and hearings
at the personnel relations employment commission and the marine
employee commission. The review must also investigate whether the
necessary expertise exists at the personnel relations employment
commission to administer the grievances and hearings currently
administered by the marine employee commission.
(10)(a) $50,000 of the multimodal transportation account--state
appropriation is for the joint transportation committee to conduct an
analysis of the storm water permit requirements issued by the
department of ecology in February 2009 to determine the costs and
benefits of alternative options for the department of transportation to
meet the requirements. However, if the committee does not include the
analysis as part of its 2009-11 fiscal biennium work plan by April 15,
2010, the amount provided in this subsection lapses. The analysis must
include, at a minimum, an analysis of the following:
(i) The department of transportation performing the functions of
the permit in house;
(ii) The functions of the permit being consolidated within the
department of ecology or otherwise centralizing efforts for all state
agencies; and
(iii) The use of an external firm or organization to meet the
requirements.
(b) The committee shall provide a report to the legislature by
December 2010.
Sec. 205 2009 c 470 s 205 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,237,000))
$2,328,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,349,000))
$2,440,000
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. ((The commission may only approve ferry
fare rate changes that have the same proportionate change for
passengers as for vehicles.))
(2) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall 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
investigate selling the naming rights and shall make recommendations to
the legislature regarding this option.
(5) $350,000 of the motor vehicle account--state appropriation is
provided solely for consultant support services to assist the
commission in updating the statewide transportation plan. The updated
plan must be submitted to the legislature by December 1, 2010.
(6) If the commission considers implementing a ferry fuel
surcharge, it 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
commission may impose a ferry fuel surcharge effective July 1, 2011.
When implementing a ferry fuel surcharge, the commission must regard
ferry fuel surcharges as fare policy changes and thus, ferry fuel
surcharges should be included in all public procedures and processes
currently used for fare pricing per RCW 47.60.290.
(7) The commission shall work with the department of
transportation's economic partnerships (Program K) in conducting a best
practices review of nontoll, public-private partnerships. The purpose
of this review is to identify the policies and procedures that would be
appropriate for application in Washington state. The commission must
report its findings and recommendations, including draft legislation if
warranted, to the house of representatives and senate transportation
committees by January 2011.
(8) As part of its development of the statewide transportation
plan, the commission shall review prioritized projects, including
preservation and maintenance projects, from regional transportation and
metropolitan planning organizations to identify statewide
transportation needs. The review should include a brief description
and status of each project along with the funding required and
associated timeline from start to completion. The commission shall
submit the review, along with recommendations, to the house of
representatives and senate transportation committees by January 2011.
Sec. 206 2009 c 470 s 206 (uncodified) is amended to read as
follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($695,000))
$688,000
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.
Sec. 207 2009 c 470 s 207 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL -- FIELD OPERATIONS BUREAU
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . (($228,024,000))
$227,958,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . (($10,602,000))
$10,903,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . (($859,000))
$867,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($239,485,000))
$239,728,000
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, and Cessna
pilots funded from the state patrol highway account who are certified
to fly the King Airs may pilot those aircraft for general fund purposes
with the general fund reimbursing the state patrol highway account an
hourly rate to cover the costs incurred during the flights since the
aviation section will no longer be part of the Washington state patrol
cost allocation system as of July 1, 2009.
(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) Within existing resources, the Washington state patrol shall
make every reasonable effort to increase the enrollment in each academy
class that commences during the 2009-11 fiscal biennium to fifty-five
cadets.
(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 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.)) $370,000 of the state patrol
highway account--state appropriation is provided solely for costs
associated with the pilot program described under section 218(2) of
this act. The Washington state patrol may incur costs related only to
the assignment of cadets and necessary computer equipment and to the
reimbursement of the Washington state department of transportation for
contract costs. The appropriation in this subsection must be funded
from the portion of the automated traffic safety camera fines deposited
into the state patrol highway account; however, if the fines deposited
into the state patrol highway account from automated traffic safety
camera infractions do not reach three hundred seventy thousand dollars,
the department of transportation shall remit funds necessary to the
Washington state patrol to ensure the completion of the pilot program.
The Washington state patrol may not incur overtime as a result of this
pilot program. The Washington state patrol shall not assign troopers
to operate or deploy the pilot program equipment used in the roadway
construction zones.
(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.
(7) If, as a result of lower than average rate of attrition among
troopers, the Washington state patrol postpones the year 2011 training
for trooper cadets beyond June 30, 2011, funding provided in section
207, chapter 470, Laws of 2009 for the class must be used to fund the
salaries and benefits associated with the existing commissioned
Washington state patrol troopers that are funded within the field
operations bureau.
(8) $2,832,000 of the state patrol highway account--state
appropriation is provided solely for the aerial traffic enforcement
program. The Washington state patrol shall evaluate the costs
associated with aerial traffic highway enforcement to determine if the
costs are accurately apportioned between the state patrol highway
account and the general fund. It is the intent of the legislature that
the state patrol highway account incurs costs that result only from
highway enforcement activities and that the general fund incurs costs
associated with the King Airs. The Washington state patrol shall
report the results of the evaluation to the legislature by June 30,
2010.
(9) For the remainder of the 2009-11 fiscal biennium, the
Washington state patrol shall continue to work with Island county on
traffic accident investigations.
(10) $3,601,000 of the state patrol highway account--state
appropriation is provided solely for the costs associated with a basic
trooper class.
Sec. 208 2009 c 470 s 208 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL -- INVESTIGATIVE SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($1,557,000))
$1,648,000
Sec. 209 2009 c 470 s 209 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL -- TECHNICAL SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($105,680,000))
$108,560,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . (($2,008,000))
$2,510,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($107,688,000))
$111,070,000
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)) $10,425,000 of the total appropriation is
provided solely for automobile fuel in the 2009-11 fiscal biennium.
(3) $7,421,000 of the total appropriation is provided solely for
the purchase of pursuit vehicles.
(4) (($6,328,000)) $6,611,000 of the total appropriation is
provided solely for vehicle repair and maintenance costs of vehicles
used for highway purposes.
(5) (($384,000)) $1,724,000 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) $345,000 of the state patrol highway account--state
appropriation is provided solely for the implementation of Engrossed
Substitute House Bill No. 1445 (domestic partners/Washington state
patrol retirement system). If Engrossed Substitute House Bill No. 1445
is not enacted by June 30, 2009, the amount provided in this subsection
shall lapse.
Sec. 210 2009 c 470 s 210 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . (($4,373,000))
$4,356,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($837,000))
$821,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($145,085,000))
$143,660,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($8,000))
$944,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($78,805,000))
$77,898,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,372,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $242,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . (($3,867,000))
$4,705,000
Washington State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . (($738,000))
$737,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . (($2,490,000))
$1,315,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($237,849,000))
$236,082,000
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; and
(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. In order to
reduce costs and make the most efficient use of existing resources, the
department may consolidate licensing service offices by closing the
vehicle services counter at the highways licensing building in Olympia
and up to twenty-five licensing service offices.
(a) When closing offices, the department may redistribute staff
from consolidated offices to neighboring offices and local community
supercenters.
(b) In order to mitigate the effects of office consolidations on
customers, the department shall, within existing resources, provide the
following enhanced services:
(i) Extended daily and weekend hours in regional supercenter
offices;
(ii) Staffed greeter stations to improve office work flow; and
(iii) Self-service stations for online transaction access,
including vehicle renewal transactions.
(c) In areas that are not consolidated, the department will work to
reduce costs by identifying opportunities to share facilities with
subagent offices and state, county, or local government offices and by
analyzing hours and days of operation to meet demand.
(d) The department shall work with vehicle licensing subagents
regarding potential placement of self-service driver licensing kiosks
in communities that will be affected by licensing services offices
closures. The department may place kiosks in those subagent offices
where both parties agree, and may pay the subagents the fair market
value for any space used for kiosks.
(e) The department shall report to the joint transportation
committee by November 30, 2009, on the department's consolidation
implementation to date and its plan for continued implementation.
(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)) $1,315,000 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.
(10) The legislature finds that measuring the performance of the
department requires the measurement of quality, timeliness, and unit
cost of services delivered to customers. Consequently:
(a) The department shall develop a set of metrics that measure that
performance and report to the transportation committees of the house of
representatives and the senate and to the office of financial
management on the development of these measurements along with
recommendations to the 2010 legislature on which measurements must
become a part of the next omnibus transportation appropriations act;
(b) The department shall study the process in place at the
licensing services office and present to the 2010 legislature
recommendations for process changes to improve efficiencies for both
the department and the customer; and
(c) The department shall, on a quarterly basis, report to the
transportation committees of the legislature the following monthly data
by licensing service office locations: (i) Lease costs; (ii) salary
and benefit costs; (iii) other costs; (iv) actual FTEs; (v) number of
transactions completed, by type of transaction; and (vi) office hours.
(11) $25,000 of the motor vehicle account-–state appropriation is
provided solely for the department to provide to at least five hundred
limousine chauffeurs an overview of the laws and rules governing
limousine carriers.
(12) $938,000 of the highway safety account--federal appropriation
is for 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.
(13) $869,000 of the department of licensing services account--state appropriation is provided solely for purchasing equipment for the
field licensing service offices and subagent offices.
Sec. 211 2009 c 470 s 211 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND
MAINTENANCE -- PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . (($2,867,000))
$2,852,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($585,000))
$575,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . (($27,358,000))
$26,543,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($58,088,000))
$28,000,000
State Route Number 520 Civil Penalties
Account--State Appropriation . . . . . . . . . . . . $2,130,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($88,898,000))
$60,100,000
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 insurance coverage, deductibles, and limitations
on tolled facilities to assure that the assets are well protected at a
reasonable cost. Results from this review must be used to negotiate
any future new or extended insurance agreements.
(3) (($58,088,000)) $28,000,000 of the state route number 520
corridor account--state appropriation is provided solely for the costs
directly related to tolling the state route number 520 floating bridge.
Of this amount, (($175,000 is for the immediate costs necessary to
pursue a request for proposal to implement variable, open road tolling
on the state route number 520 floating bridge. The request for
proposal must include tolling infrastructure and signage, customer
service centers, collection and billing procedures, and, to the extent
practicable, the maintenance and dispensing of transponders by the
vendor. The remaining $57,913,000)) $8,000,000 must be retained in
unallotted status, and may only be released by the office of financial
management after consultation with the joint transportation committee
((following the committee's examination of toll operations costs
referenced in section 204(2) of this act. The amount provided in this
subsection is contingent on the enactment of (a) Engrossed Substitute
House Bill No. 2211 and (b) either Engrossed Substitute House Bill No.
2326 or other legislation authorizing bonds for the state route number
520 corridor projects. If the conditions of this subsection are not
satisfied, the amount provided in this subsection shall lapse)).
(4) The department shall consider transitioning to all electronic
tolling on the Tacoma Narrows bridge toll facility and discontinuing a
cash toll option.
(5) $2,130,000 of the state route number 520 civil penalties
account--state appropriation and $140,000 of the Tacoma Narrows toll
bridge account--state appropriation are provided solely for
expenditures related to the toll adjudication process. The amount
provided in this subsection is contingent on the enactment by June 30,
2010, of either Engrossed Substitute Senate Bill No. 6499 or Substitute
House Bill No. 2897; however, if the enacted bill does not specify the
department as the toll penalty adjudicating agency, the amounts
provided in this subsection lapse.
(6) The department shall review, and revise where appropriate,
current signage and ingress/egress locations on the state route number
167 high occupancy toll lanes pilot project. The department shall
continue to work with the Washington state patrol on educating the
public on the rules of the road related to crossing a double white
line. The department shall continue to monitor the performance of the
high occupancy toll lanes to ensure that driving conditions for high
occupancy vehicles that share these lanes are not significantly
changed.
Sec. 212 2009 c 470 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM
C
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $2,675,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($67,811,000))
$68,650,000
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 . . . . . . . . . . . . (($73,765,000))
$74,604,000
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) $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 work flows 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.
(3) 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.
(4) $573,000 of the motor vehicle account--state appropriation is
provided solely for the department to maintain the investment in the
electronic fare system at Washington's ferry terminals. Investment in
the electronic fare system must include the following: Replacement of
critical hardware components that are at risk of failure;
implementation of software to allow ORCA cards to be used for vehicles;
repair of the turnstiles to ensure that the turnstiles properly record
ORCA credit and debit card charges; and dedication of a communication
line for transmission of ORCA data to the clearinghouse.
Sec. 213 2009 c 470 s 213 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS
AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,501,000))
$25,292,000
Sec. 214 2009 c 470 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($6,009,000))
$5,960,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,159,000))
$8,110,000
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.
(3) Within the amounts provided in this section, the department
shall develop guidelines setting forth consultation procedures and a
process to assist counties and cities to identify land uses that may be
incompatible with airports and aircraft operations, and to encourage
and facilitate the adoption and implementation of comprehensive plan
policies and development regulations consistent with RCW 36.70.547 and
36.70A.510.
*Sec. 215 2009 c 470 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND
SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($48,032,000))
$49,331,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
((Water Pollution Account--State Appropriation . . . . . . . . . . . . $2,000,000))
TOTAL APPROPRIATION . . . . . . . . . . . . (($50,782,000))
$50,081,000
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. If the department determines that all or a portion of
real property or an interest in real property that was acquired through
condemnation within the previous ten years is no longer necessary for
a transportation purpose, the former owner has a right of repurchase as
described in this subsection. For the purposes of this subsection,
"former owner" means the person or entity from whom the department
acquired title. At least ninety days prior to the date on which the
property is intended to be sold by the department, the department must
mail notice of the planned sale to the former owner of the property at
the former owner's last known address or to a forwarding address if
that owner has provided the department with a forwarding address. If
the former owner of the property's last known address, or forwarding
address if a forwarding address has been provided, is no longer the
former owner of the property's address, the right of repurchase is
extinguished. If the former owner notifies the department within
thirty days of the date of the notice that the former owner intends to
repurchase the property, the department shall proceed with the sale of
the property to the former owner for fair market value and shall not
list the property for sale to other owners. If the former owner does
not provide timely written notice to the department of the intent to
exercise a repurchase right, or if the sale to the former owner is not
completed within seven months of the date of notice that the former
owner intends to repurchase the property, the right of repurchase is
extinguished. By December 1, 2010, the department shall report to the
legislative transportation committees on the individuals and entities
eligible to receive surplus property provided in RCW 47.12.063 to
determine the frequency with which the department transfers property to
those individuals and entities and the implications to the department.
It is the intent of the legislature that the list of individuals and
entities eligible to receive surplus property be periodically evaluated
to determine whether the list is appropriate and provides utility to
the department.
(((3))) (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 for recreational use and fish and
wildlife restoration efforts is consistent with the public interest in
order to preserve the area for the use of the public and the betterment
of the natural environment. The department of transportation shall((,
as soon as is practicable,)) work with the department of fish and
wildlife, and shall transfer and convey the Dryden pit site to the
department of fish and wildlife as is for ((adequate consideration in
the amount of no less than $600,000)) an adjusted fair market value
reflecting site conditions, the proceeds of which must be deposited in
the motor vehicle fund. ((By July 1, 2009)) The department of
transportation is not responsible for any costs associated with the
cleanup or transfer of this property. By July 1, 2010, and annually
thereafter until the entire Dryden pit property has been transferred,
the department shall submit a status report regarding the transaction
to the chairs of the legislative transportation committees.
(((5) $750,000)) (3) $3,175,000 of the motor vehicle account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit. The
department's work may include the completion of system development,
reporting, and planning to meet deadlines in the current biennium. The
appropriation provided in this subsection is contingent on either the
joint legislative audit and review committee or the joint
transportation committee including the analysis identified in sections
108(4) and 204 of this act in its respective 2009-11 fiscal biennium
work plan by April 15, 2010.
(((6))) (4) 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.
(5) It is the intent of the legislature that the real estate
services division of the department will recover the cost of its
efforts from future sale proceeds. By January 31, 2011, the department
must report to the office of financial management and the legislative
transportation committees on the status of surplus property. The
report must include: (a) The department's plan for continued disposal
of surplus property; (b) a detail of changes from the previous report;
and (c) a current list of surplus property by region that includes the
acquisition date and price of the property, the status of the surplus
property, and estimated value of the property. Except as provided
otherwise in this subsection, by June 30, 2010, the department must
finalize all pending equal value exchange activity for the construction
or improvement of facilities, after which time the department may not
pursue any other equal value exchanges for the construction or
improvement of facilities. However, the northwest region may pursue an
equal value exchange to replace the Mount Baker headquarters office.
The exchange may include an exchange for the old Puget Sound energy
site, the old Arco site, or any combination of the two.
*Sec. 215 was partially vetoed. See message at end of chapter.
Sec. 216 2009 c 470 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM
K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($615,000))
$673,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $200,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($815,000))
$873,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $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.
(2) $50,000 of the motor vehicle account--state appropriation is
provided solely for the department to investigate the potential to
generate revenue from web site sponsorships and similar ventures and,
if feasible, pursue partnership opportunities.
(3) $75,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of a pilot project allowing
advertisements and sponsorships on select web pages. The pilot project
must be organized under the partnership model described in the
department's web site monetizing feasibility study, which was prepared
under subsection (2) of this section. Once operational, the pilot
project must operate for at least twelve consecutive months. After
twelve months of continuous operation, the department shall provide a
report with recommendations on whether to continue project operations
to the office of financial management and the chairs of the
transportation committees. The department may end the pilot project
after less than twelve consecutive months of operation if insufficient
bids or proposals are received from potential sponsors or advertisers.
For the purpose of this subsection, if a consultant contract is
warranted, the consultant contract is deemed a revenue generation
activity as that term is construed in section 602(2), chapter 3, Laws
of 2010.
Sec. 217 2009 c 470 s 217 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($347,637,000))
$347,645,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($2,000,000))
$7,000,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $5,797,000
((Water Pollution Account--State Appropriation . . . . . . . . . . . . $12,500,000))
TOTAL APPROPRIATION . . . . . . . . . . . . (($367,934,000))
$360,442,000
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)) $7,000,000 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.
(((10))) (9) $750,000 of the motor vehicle account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit.
(10) $317,000 of the motor vehicle account--state appropriation is
provided solely for maintaining a new active traffic management system
on Interstate 5, Interstate 90, and SR 520. The department shall track
the costs associated with these systems on a corridor basis and report
to the legislative transportation committees on the cost and benefits
of the system.
(11) $286,000 of the motor vehicle account--state appropriation is
provided solely for storm water assessment fees charged by local
governments.
Sec. 218 2009 c 470 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($51,526,000))
$51,128,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $127,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($53,703,000))
$53,305,000
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. For the purpose of
this pilot program, during the 2009-11 fiscal biennium, a roadway
construction zone includes areas where public employees or private
contractors are not present but where a driving condition exists that
would make it unsafe to drive at higher speeds, such as, when the
department is redirecting or realigning lanes on any public roadway
pursuant to ongoing construction. 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) $173,000 of the motor vehicle account--state appropriation is
provided solely for the department to continue a pilot tow truck
incentive program and to expand the program to other areas of the
state. The department may provide incentive payments to towing
companies that meet clearance goals on accidents that involve heavy
trucks. The department shall report to the office of financial
management and the transportation committees of the legislature on the
effectiveness of the clearance goals and submit recommendations to
improve the pilot program with the department's 2010 supplemental
omnibus transportation appropriations act submittal. The tow truck
incentive program may continue to provide incentives for quick
clearance
of traffic incidents involving large vehicles. The
department shall make recommendations as part of its biennial budget
proposal for expanding the use of the incentive program.
(5) $92,000 of the motor vehicle account--state appropriation is
provided solely for operating a new active traffic management system on
Interstate 5, Interstate 90, and SR 520. The department shall track
the costs associated with these systems on a corridor basis and report
to the legislative transportation committees on the cost and benefits
of the system.
(6) To the extent practicable, the department shall synchronize
traffic lights on state route number 161 in the vicinity of Puyallup.
(7) During the 2009-11 biennium, the department shall implement a
pilot program that expands private transportation providers' access to
high occupancy vehicle lanes. Under the pilot program, when the
department reserves a portion of a highway based on the number of
passengers in a vehicle, the following vehicles must be authorized to
use the reserved portion of the highway if the vehicle has the capacity
to carry eight or more passengers, regardless of the number of
passengers in the vehicle: (a) Auto transportation company vehicles
regulated under chapter 81.68 RCW; (b) passenger charter carrier
vehicles regulated under chapter 81.70 RCW, except marked or unmarked
stretch limousines and stretch sport utility vehicles as defined under
department rules; (c) private nonprofit transportation provider
vehicles regulated under chapter 81.66 RCW; and (d) private employer
transportation service vehicles. For purposes of this subsection,
"private employer transportation service" means regularly scheduled,
fixed-route transportation service that is offered by an employer for
the benefit of its employees. By June 30, 2011, the department shall
report to the transportation committees of the legislature on whether
private transportation provider use of high occupancy vehicle lanes
under the pilot program reduces the speeds of high occupancy vehicle
lanes. Nothing in this subsection is intended to authorize the
conversion of public infrastructure to private, for-profit purposes or
to otherwise create an entitlement or other claim by private users to
public infrastructure.
Sec. 219 2009 c 470 s 219 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND
SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($29,153,000))
$28,468,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($973,000))
$971,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $264,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($30,420,000))
$29,733,000
The appropriations in this section are subject to the following
conditions and limitations: $264,000 of the state route number 520
corridor account--state appropriation is provided solely for the costs
directly related to tolling the state route number 520 floating bridge.
This amount must be retained in unallotted status, and may only be
released by the office of financial management after consultation with
the joint transportation committee ((following the committee's
examination of toll operations costs referenced in section 204(2) of
this act. The amount provided in this section is contingent on the
enactment of (1) Engrossed Substitute House Bill No. 2211 and (2)
either Engrossed Substitute House Bill No. 2326 or other legislation
authorizing bonds for the state route number 520 corridor projects. If
the conditions of this section are not satisfied, the amount provided
in this section shall lapse)).
Sec. 220 2009 c 470 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA,
AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($24,724,000))
$25,955,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($19,116,000))
$22,002,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($696,000))
$1,090,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($2,809,000))
$3,287,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . (($100,000))
$99,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($47,445,000))
$52,433,000
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) $400,000 of the ((motor vehicle account)) multimodal
transportation 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. The study must also consider the
interconnectivity benefits of, and potential for, future Amtrak
Cascades stops in south King county and north Pierce county. As part
of its consideration, the department shall conduct a thorough market
analysis of the potential for adding or changing stops on the Amtrak
Cascades route. The department shall amend the scope, schedule, and
budget of the current study process to accommodate the market analysis.
A report on the study must be submitted to the legislature by ((June))
September 30, 2010.
(3) (($243,000)) $365,000 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. For the remainder of
the biennium, the department may expand data collection to any highways
that have high truck volumes. 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.
(4) $2,000,000 of the motor vehicle account--state appropriation is
provided solely for scoping unfunded state highway projects to ensure
that a well-vetted project list is available for future program funding
discussions.
(a) It is the intent of the legislature that the funding provided
in this subsection support the development of transportation solutions
that benefit all state residents, including addressing the impacts of
traffic diversion from tolled facilities. It is further the intent of
the legislature that the buying power of future revenue packages is
maximized.
(b) Scoping work must be consistent with achieving transportation
system policy goals as stated in RCW 47.04.280.
(c) The department shall provide cost-effective design solutions
that achieve the desired functional outcomes. This may be achieved by
providing one or more design alternatives for legislative
consideration, based on a reasonable range of assumptions about traffic
volume and speeds.
(d) Prior to the commencement of the 2011 legislative session, the
department shall provide a report to the legislative transportation
committees and the office of financial management that includes
estimated costs and construction time frames.
(5) $150,000 of the motor vehicle account--state appropriation is
provided solely for a corridor study of state route number 516 from the
eastern border of Maple Valley to state route number 167 to determine
whether improvements are needed and the costs of any needed
improvements.
(6) $500,000 of the multimodal transportation account--federal
appropriation is provided solely for continued support of the
International Mobility and Trade Corridor project and for the
department to work with the Whatcom council of governments to examine
potential improvements to international border freight and passenger
rail movement and the use of diesel multiple units.
(7) $80,000 of the motor vehicle account--state appropriation is
provided solely to continue existing work regarding feasibility of a
new interchange between Rochester and Harrison Avenue on Interstate 5.
*Sec. 221 2009 c 470 s 222 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM
V
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . (($54,677,000))
$65,274,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($65,795,000))
$65,667,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($2,582,000))
$2,573,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . (($1,027,000))
$1,025,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($124,081,000))
$134,539,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $25,000,000 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) $5,500,000 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) $19,500,000 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) $8,500,000 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) $8,500,000 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.
(3) $7,000,000 of the multimodal transportation account--state
appropriation is provided solely for a vanpool grant program for: (a)
Public transit agencies to add vanpools or replace vans; and (b)
incentives for employers to increase employee vanpool use. The grant
program for public transit agencies will cover capital costs only;
operating costs for public transit agencies are not eligible for
funding under this grant program. Additional employees may not be
hired from the funds provided in this section for the vanpool grant
program, and supplanting of transit funds currently funding vanpools is
not allowed. The department shall encourage grant applicants and
recipients to leverage funds other than state funds. At least
$1,600,000 of this amount must be used for vanpool grants in congested
corridors.
(4) $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.
(5) $3,318,000 of the multimodal transportation account--state
appropriation and $21,248,000 of the regional mobility grant program
account--state appropriation are reappropriated and provided solely for
the regional mobility grant projects identified on the LEAP
Transportation Document 2007-B, as developed April 20, 2007, or the
LEAP Transportation Document 2006-D, as developed March 8, 2006. The
department shall continue to review all projects receiving grant awards
under this program at least semiannually to determine whether the
projects are making satisfactory progress. 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 on the LEAP Transportation Document 2006-D,
as developed March 8, 2006; the LEAP Transportation Document 2007-B, as
developed April 20, 2007; or the LEAP Transportation Document 2009-B,
as developed April 24, 2009. 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. However, the Chuckanut
park and ride project (101100G) is recognized as a crucial investment
in the transportation system. For this reason, the department shall
not close out the grant for the Chuckanut park and ride project until
Skagit transit has exhausted all other pending opportunities for
federal and local funds. If additional funds cannot be secured, the
department shall consider this project a priority in the 2011-13 grant
process. The department shall make every effort to advance the
Chuckanut park and ride project within existing resources.
(6) $33,429,000 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 April 24, 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 April 24, 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.
(7) $10,596,768 of the regional mobility grant program account--state appropriation must be obligated no later than December 31, 2010,
and is provided solely for the following recommended contingency
regional mobility grant projects identified in the 2009-11 omnibus
transportation appropriations act, LEAP Transportation Document 2009-B,
as developed April 24, 2009, as follows:
(a) $4,000,000 is provided solely for the Rainier/Jackson transit
priority corridor improvements;
(b) $2,100,000 is provided solely for the state route number 522
west city limits to Northeast 180th stage 2A (91st Ave NE to west of
96th Ave NE) project; and
(c) $4,496,768 is provided solely for the sound transit express bus
expansion - Snohomish to King county project.
(8) $300,000 of the multimodal transportation account--state
appropriation is provided solely for a transportation demand management
program, developed by the Whatcom council of governments, to further
reduce drive-alone trips and maximize the use of sustainable
transportation choices. The community-based program must focus on all
trips, not only commute trips, by providing education, assistance, and
incentives to four target audiences: (a) Large work sites; (b)
employees of businesses in downtown areas; (c) school children; and (d)
residents of Bellingham.
(((8))) (9) $130,000 of the multimodal transportation account--
state appropriation is provided solely to the department to distribute
to support Engrossed Substitute House Bill No. 2072 (special needs
transportation).
(a) $80,000 of the amount provided in this subsection is provided
solely for implementation of the work group related to federal
requirements in section 1, chapter . . . (Engrossed Substitute House
Bill No. 2072), Laws of 2009.
(b) $50,000 of the amount provided in this subsection is provided
solely to support the pilot project to be developed or implemented by
the local coordinating coalition comprised of a single county,
described in sections 9, 10, and 11, chapter . . . (Engrossed
Substitute House Bill No. 2072), Laws of 2009. The department shall
assist the local coordinating coalition to seek funding sufficient to
fully fund the pilot project from a variety of sources including, but
not limited to, the regional transit authority serving the county, the
regional transportation planning organization serving the county, and
other appropriate state and federal agencies and grants. Development
or implementation of the pilot project is contingent on securing
funding sufficient to fully fund the pilot project.
(c) If Engrossed Substitute House Bill No. 2072 is not enacted by
June 30, 2009, the amount provided in this subsection (((8))) (9)
lapses. If Engrossed Substitute House Bill No. 2072 is enacted by June
30, 2009, but a commitment from other sources to fully fund the pilot
project described in (b) of this subsection has not been obtained by
September 30, 2009, the amount provided in (b) of this subsection
lapses.
(((9))) (10) Funds provided for the commute trip reduction program
may also be used for the growth and transportation efficiency center
program.
(((10))) (11) An affected urban growth area that has not previously
implemented a commute trip reduction program is exempt from the
requirements in RCW 70.94.527 if a solution to address the state
highway deficiency that exceeds the person hours of delay threshold has
been funded and is in progress during the 2009-11 fiscal biennium.
(((11))) (12) $2,309,000 of the multimodal transportation account--state appropriation is provided solely for the tri-county connection
service for Island, Skagit, and Whatcom transit agencies.
(13) During the 2009-11 biennium, the department shall implement a
pilot project that expands opportunities for private transportation
providers' use of high occupancy vehicle lanes, transit-only lanes, and
certain park and ride facilities. Nothing in this subsection is
intended to authorize the conversion of public infrastructure to
private, for-profit purposes or to otherwise create an entitlement or
other claim by private users to public infrastructure. The pilot
project must establish that to receive grant funding from a program
administered by the public transportation office of the department
during the 2009-11 biennium, the local jurisdiction in which the
applicant is located must be able to show that it has in place an
application process for the reasonable use by private transportation
providers of high occupancy vehicle lanes, transit-only lanes, and
certain park and ride facilities that are regulated by the local
jurisdiction. If a private transportation provider clearly
demonstrates that the local jurisdiction failed to consider an
application in good faith, the department may not award the
jurisdiction any grant funding. Reasonable use exists if the private
transportation provider has applied for the use of: (a) High occupancy
vehicle or transit-only lanes, and such use will not interfere with the
safety of public transportation operations and not reduce the speed of
the lanes more than five percent during peak hours; and (b) a park and
ride lot (i) during peak hours at a lot that is below ninety percent
capacity during peak hours or (ii) during off-peak hours only. A
transit agency may require that a private transportation provider enter
into an agreement for use of the park and ride lot, and may include
provisions to recover actual costs for the use of the lot and its
related facilities. For purposes of this subsection: A "private
transportation provider" means an auto transportation company regulated
under chapter 81.68 RCW; a passenger charter carrier regulated under
chapter 81.70 RCW; a private nonprofit transportation provider
regulated under chapter 81.66 RCW; or a private employer transportation
service provider; and "private employer transportation service" means
regularly scheduled, fixed-route transportation service that is offered
by an employer for the benefit of its employees.
*Sec. 221 was partially vetoed. See message at end of chapter.
Sec. 222 2009 c 470 s 223 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($400,592,000))
$425,922,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) (($53,110,560)) $78,754,952 of the Puget Sound ferry operations
account--state appropriation is provided solely for auto ferry vessel
operating fuel in the 2009-11 fiscal biennium. This appropriation is
contingent upon the enactment of sections 716 and 701 of this act. All
fuel purchased by the Washington state ferries at Harbor Island truck
terminal for the operation of the Washington state ferries diesel
powered vessels must be a minimum of five percent biodiesel blend so
long as the per gallon price of diesel containing a five percent
biodiesel blend level does not exceed the per gallon price of diesel by
more than five percent.
(2) To protect the waters of Puget Sound, the department shall
investigate nontoxic alternatives to fuel additives and other
commercial products that are used to operate, maintain, and preserve
vessels.
(3) If, after the department's review of fares and pricing
policies, the department proposes a fuel surcharge, the department must
evaluate other cost savings and fuel price stabilization strategies
that would be implemented before the imposition of a fuel surcharge.
The department shall report to the legislature and transportation
commission on its progress of implementing new fuel forecasting and
budgeting practices, price hedging contracts for fuel purchases, and
fuel conservation strategies by November 30, 2010.
(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 department shall continue to provide service to Sidney,
British Columbia. The department 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 department shall analyze operational solutions to enhance
service on the Bremerton to Seattle ferry run. The Washington state
ferries shall report its 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 its 2011-13
omnibus transportation appropriations act request, as determined
jointly by the office of financial management, the Washington state
ferries, and the legislative transportation committees.
(8) (($3,000,000)) $4,794,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for commercial
insurance for ferry assets. The office of financial management, after
consultation with the transportation committees of the legislature,
must present a business plan for the Washington state ferry system's
insurance coverage to the 2010 legislature. The business plan must
include a cost-benefit analysis of Washington state ferries' current
commercial insurance purchased for ferry assets and a review of self-insurance for noncatastrophic events.
(9) $1,100,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for a marketing program. The
department shall present a marketing program proposal to the
transportation committees of the legislature during the 2010
legislative session before implementing this program. Of this amount,
$10,000 is for the city of Port Townsend and $10,000 is for the town of
Coupeville for mitigation expenses related to only one vessel operating
on the Port Townsend/Keystone ferry route. The moneys provided to the
city of Port Townsend and town of Coupeville are not contingent upon
the required marketing proposal.
(10) $350,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for two extra trips per day during the
summer of 2009 season, beyond the current schedule, on the Port
Townsend/Keystone route.
(11) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(12) The legislature finds that measuring the performance of
Washington state ferries requires the measurement of quality,
timeliness, and unit cost of services delivered to customers.
Consequently, the department must develop a set of metrics that measure
that performance and report to the transportation committees of the
legislature and to the office of financial management on the
development of these measurements along with recommendations to the
2010 legislature on which measurements must become a part of the next
omnibus transportation appropriations act.
(13) As a priority task, the department is directed to propose a
comprehensive incident and accident investigation policy and
appropriate procedures, and to provide the proposal to the legislature
by November 1, 2009, using existing resources and staff expertise. In
addition to consulting with ferry system unions and the United States
coast guard, the Washington state ferries is encouraged to solicit
independent outside expertise on incident and accident investigation
best practices as they may be found in other organizations with a
similar concern for marine safety. It is the intent of the legislature
to enact the policies into law and to publish that law and procedures
as a manual for Washington state ferries' accident/incident
investigations. Until that time, the Washington state ferry system
must exercise particular diligence to assure that any incident or
accident investigations are conducted within the spirit of the
guidelines of this act. The proposed policy must contain, at a
minimum:
(a) The definition of an incident and an accident and the type of
investigation that is required by both types of events;
(b) The process for appointing an investigating officer or officers
and a description of the authorities and responsibilities of the
investigating officer or officers. The investigating officer or
officers must:
(i) Have the appropriate training and experience as determined by
the policy;
(ii) Not have been involved in the incident or accident so as to
avoid any conflict of interest;
(iii) Have full access to all persons, records, and relevant
organizations that may have information about or may have contributed
to, directly or indirectly, the incident or accident under
investigation, in compliance with any affected employee's or employees'
respective collective bargaining agreement and state laws and rules
regarding public disclosure under chapter 42.56 RCW;
(iv) Be provided with, if requested by the investigating officer or
officers, appropriate outside technical expertise; and
(v) Be provided with staff and legal support by the Washington
state ferries as may be appropriate to the type of investigation;
(c) The process of working with the affected employee or employees
in accordance with the employee's or employees' respective collective
bargaining agreement and the appropriate union officials, within
protocols afforded to all public employees;
(d) The process by which the United States coast guard is kept
informed of, interacts with, and reviews the investigation;
(e) The process for review, approval, and implementation of any
approved recommendations within the department; and
(f) The process for keeping the public informed of the
investigation and its outcomes, in compliance with any affected
employee's or employees' respective collective bargaining agreement and
state laws and rules regarding public disclosure under chapter 42.56
RCW.
(14) $7,300,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the purposes of travel time
associated with Washington state ferries employees. However, if
Engrossed Substitute House Bill No. 3209 (managing costs of ferry
system) is enacted by June 30, 2010, containing an appropriation for
purposes of travel time associated with Washington state ferries
employees, the amount provided in this subsection lapses.
(15) $50,000 of the Puget Sound ferry operations account--state
appropriation is provided solely to implement a mechanism to report on-time performance statistics.
(a) The department shall conduct a study to identify process
changes that would improve on-time performance on a route-by-route
basis. The study must include looking into the slowing down of vessels
for fuel economy purposes and touch-and-go sailings on peak runs. The
department shall report its findings to the transportation committees
of the senate and house of representatives by December 1, 2010.
(b) The department shall, by November 1, 2010, report to the
transportation committees of the legislature statistics regarding its
on-time arrival and departure status on a route-by-route and month-by-month basis, as well as an annual route-by-route and systemwide basis,
weighted by the number of customers on each sailing and distinguishing
peak period on-time performance. The statistics must include reasons
for any delays over ten minutes from the scheduled time. The
statistics must be prominently displayed on the Washington state
ferries' web site. Each Washington state ferries vessel and terminal
must prominently display the statistics as they relate to their
specific route.
(16) The department shall investigate outsourcing the call center
functions planned for the ferry reservation system and report its
findings to the transportation committees of the senate and house of
representatives by December 15, 2010.
(17) By July 1, 2010, the department shall provide to the governor
and the transportation committees of the senate and house of
representatives a listing of all benefits that Washington state ferries
union employees receive that other state employees do not traditionally
receive. The listing must include any costs associated with these
benefits.
Sec. 223 2009 c 470 s 224 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($34,933,000))
$37,371,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) (($29,091,000)) $31,591,000 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.
Sec. 224 2009 c 470 s 225 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,739,000))
$8,621,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($2,567,000))
$2,545,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,306,000))
$11,166,000
Sec. 301 2009 c 470 s 302 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($51,000,000))
$73,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,048,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $31,400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($83,448,000))
$105,448,000
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.
(3) $22,000,000 of the rural arterial trust account--state
appropriation is provided solely for additional grants for county road
projects as approved by the county road administration board.
Sec. 302 2009 c 470 s 303 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . (($5,779,000))
$3,927,000
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($122,400,000))
$123,900,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($85,643,000))
$81,643,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($213,822,000))
$209,470,000
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)) $7,143,000 in proceeds from the sale of bonds
authorized in RCW 47.26.420.
*Sec. 303 2009 c 470 s 306 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($1,000))
$98,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($1,723,834,000))
$1,665,644,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($80,735,000))
$85,534,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($410,341,000))
$570,107,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($65,494,000))
$70,714,000
Special Category C Account -- State Appropriation . . . . . . . . . . . . (($24,549,000))
$25,221,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($703,708,000))
$713,205,000
Freight Mobility Multimodal Account--State
Appropriation . . . . . . . . . . . . (($4,422,000))
$4,574,000
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . (($788,000))
$789,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($106,000,000))
$231,763,000
State Route Number 520 Civil Penalties Account--State
Appropriation . . . . . . . . . . . . $1,190,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,119,872,000))
$3,368,839,000
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)) 2010-1 as developed
((April 24, 2009)) March 8, 2010, Program - Highway Improvement Program
(I). 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 $63,500,000 in the 2009-11 fiscal biennium and $52,700,000
in the 2011-13 fiscal biennium. The appropriations provided in this
section for the projects in those biennia are therefore $63,500,000
less in the 2009-11 fiscal biennium and $52,700,000 less in the 2011-13
fiscal biennium than the aggregate total of project costs listed. It
is the intent of the legislature that the department shall deliver the
projects listed in LEAP Transportation Document 2009-1 within the time,
scope, and budgets identified in that document, provided that the
prices of commodities used in transportation projects do not differ
significantly from those assumed for the 2009-11 and 2011-13 fiscal
biennia in the March 2009 forecast of the economic and revenue forecast
council.)) $163,385,000 of the transportation partnership
account--state appropriation and ((
(3) $162,900,000$106,000,000)) $231,763,000 of the
state route number 520 corridor account--state appropriation are
provided solely for the state route number 520 bridge replacement and
HOV project. 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. ((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. The amount provided in this subsection from the state route
number 520 corridor account--state appropriation is contingent on the
enactment of (a) Engrossed Substitute House Bill No. 2211 and (b)
either Engrossed Substitute House Bill No. 2326 or other legislation
authorizing bonds for the state route number 520 corridor projects. If
the conditions of this subsection are not satisfied, the state route
number 520 corridor account--state appropriation shall lapse.)) (3) 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.
(4)
(((5))) (4) 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))) (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 Programs I
and P including, but not limited to, the SR 518, SR 520, Columbia river
crossing, and Alaskan Way viaduct projects.
(((7))) (6) 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)) Report formatting and elements must be consistent with the
October 2009 quarterly project report. On a representative sample of
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).)) (7) The transportation 2003 account (nickel account)--state
appropriation includes up to ((
(8)$628,000,000)) $653,630,000 in proceeds
from the sale of bonds authorized by RCW 47.10.861.
(((9))) (8) The transportation partnership account--state
appropriation includes up to (($1,360,528,000)) $1,347,939,000 in
proceeds from the sale of bonds authorized in RCW 47.10.873.
(((10))) (9) The special category C account--state appropriation
includes up to (($22,127,000)) $25,221,000 in proceeds from the sale of
bonds authorized in RCW 47.10.812.
(((11))) (10) The motor vehicle account--state appropriation
includes up to (($31,500,000)) $43,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.843.
(11) The state route number 520 corridor account--state
appropriation includes up to $231,763,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879.
(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;
(iii) Regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's toll setting on the facility; and
(iv) Provide a report to the governor and the legislature by
January 2010.
(14)(( $9,199,985)) $6,488,000 of the motor vehicle account--state
appropriation ((is)) and $5,000 of the motor vehicle account--federal
appropriation are 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 Monroe 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 legislature is committed to the timely completion of R8A
which supports the construction of sound transit's east link.
Following the completion of the independent analysis of the
methodologies to value the reversible lanes on Interstate 90 which may
be used for high capacity transit as directed in section 204 of this
act, the department shall complete the process of negotiations with
sound transit. Such agreement shall be completed no later than
December 1, 2009.
(18) $250,000 of the motor vehicle account--state appropriation is
provided solely for the design and construction of a right turn lane to
improve visibility and traffic flow on state route number 195 and
Cheney-Spokane Road (project L1000001).
(19) (($846,700)) $730,000 of the motor vehicle account--federal
appropriation and (($17,280)) $16,000 of the motor vehicle account--state appropriation are provided solely for the Westview school noise
wall (project WESTV).
(20) (($1,360)) $2,000 of the motor vehicle account--state
appropriation and (($35,786)) $131,000 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 (project PASCO).
(21) (($20,011,125)) $21,566,000 of the transportation partnership
account--state appropriation, (($2,550)) $26,000 of the motor vehicle
account--state appropriation, (($30,003,473)) $30,000,000 of the motor
vehicle account--private/local appropriation, and (($1,482,066))
$4,334,000 of the motor vehicle account--federal appropriation are
provided solely for project 400506A, the I-5/Columbia river
crossing/Vancouver project. The funding described in this subsection
includes a (($30,003,473)) $30,000,000 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) ((The state route number 520 corridor account--state
appropriation includes up to $106,000,000 in proceeds from the sale of
bonds authorized in Engrossed Substitute House Bill No. 2326 or in
legislation authorizing bonds for the state route number 520 corridor
projects. If Engrossed Substitute House Bill No. 2326, or legislation
authorizing bonds for the state route number 520 corridor projects, is
not enacted by June 30, 2009, the amount provided in this subsection
shall lapse.)) The department shall evaluate a potential deep bore culvert
for the state route number 305/Bjorgen creek fish barrier project
identified as project 330514A in LEAP Transportation Document ALL
PROJECTS 2009-2, as developed April 24, 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.
(24)
(((25))) (24) Project number 330215A in the LEAP transportation
document described in subsection (1) of this section is expanded to
include safety and congestion improvements from the Key Peninsula
Highway to the vicinity of Purdy. The department shall consult with
the Washington traffic safety commission to ensure that this project
includes improvements at intersections and along the roadway to reduce
the frequency and severity of collisions related to roadway conditions
and traffic congestion.
(((26) $10,600,000)) (25) $8,890,000 of the transportation
partnership account--state appropriation is provided solely for project
109040Q, the Interstate 90 Two Way Transit and HOV Improvements--Stage
2 and 3 project, as indicated in the LEAP transportation document
referenced in subsection (1) of this section. ((Funds shall be used
solely for preliminary engineering on stages 2 and 3 of this project.)) (26) The department shall continue to work with the local
partners in developing transportation solutions necessary for the
economic growth in the Red Mountain American Viticulture Area of Benton
county.
(27)
(((28))) (27) For highway construction projects where the
department considers agricultural lands of long-term commercial
significance, as defined in RCW 36.70A.030, in reviewing and selecting
sites to meet environmental mitigation requirements under the national
environmental policy act (42 U.S.C. Sec. 4321 et seq.) and the state
environmental policy act (chapter 43.21C RCW), the department shall, to
the greatest extent possible, consider using public land first. If
public lands are not available that meet the required environmental
mitigation needs, the department may use other sites while making every
effort to avoid any net loss of agricultural lands that have a
designation of long-term commercial significance.
(((29))) (28) Within the motor vehicle account--state appropriation
and motor vehicle account--federal appropriation, the department may
transfer funds between programs I and P, except for funds that are
otherwise restricted in this act.
(((30))) (29) Within the amounts provided in this section, $200,000
of the transportation partnership account--state appropriation is
provided solely for the department to prepare a comprehensive tolling
study of the state route number 167 corridor to determine the
feasibility of administering tolls within the corridor, identified as
project number 316718A in the LEAP transportation document described in
subsection (1) of this section. The department shall report to the
joint transportation committee by September 30, 2010. The department
shall 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. The elements of
the study must include, at a minimum:
(a) The potential for value pricing to generate revenues for needed
transportation facilities within the corridor;
(b) Maximizing the efficient operation of the corridor; and
(c) Economic considerations for future system investments.
(((31))) (30) Within the amounts provided in this section, $200,000
of the transportation partnership account--state appropriation is
provided solely for the department to prepare a comprehensive tolling
study of the state route number 509 corridor to determine the
feasibility of administering tolls within the corridor, identified as
project number 850901F in the LEAP transportation document described in
subsection (1) of this section. The department shall report to the
joint transportation committee by September 30, 2010. The department
shall 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. The elements of
the study must include, at a minimum:
(a) The potential for value pricing to generate revenues for needed
transportation facilities within the corridor;
(b) Maximizing the efficient operation of the corridor; and
(c) Economic considerations for future system investments.
(((32))) (31) Within the amounts provided in this section,
$28,000,000 of the transportation partnership account--state
appropriation is for project 600010A, as identified in the LEAP
transportation document in subsection (1) of this section: NSC-North
Spokane corridor design and right-of-way - new alignment. Expenditure
of these funds is for preliminary engineering and right-of-way
purchasing to prepare for four lanes to be built from where existing
construction ends at Francis Avenue for three miles to the Spokane
river. Additionally, any savings realized on project 600001A, as
identified in the LEAP transportation document in subsection (1) of
this section: US 395/NSC-Francis Avenue to Farwell Road - New
Alignment, must be applied to project 600010A.
(((33))) (32) $400,000 of the motor vehicle account--state
appropriation is provided solely for the department to conduct a state
route number 2 route development plan (project L2000016) that will
identify essential improvements needed between the port of
Everett/Naval station and approaching the state route number 9
interchange near the city of Snohomish.
(((34))) (33) If the SR 26 - Intersection and Illumination
Improvements are not completed by June 30, 2009, the department shall
ensure that the improvements are completed as soon as practicable after
June 30, 2009, and shall submit monthly progress reports on the
improvements beginning July 1, 2009.
(((35))) (34) $200,000 of the transportation partnership account--state appropriation, identified on project number 400506A in the LEAP
transportation document described in subsection (1) of this section, is
provided solely for the department to work with the department of
archaeology and historic preservation to ensure that the cultural
resources investigation is properly conducted on the Columbia river
crossing project. This project must be conducted with active
archaeological management and result in one report that spans the
single cultural area in Oregon and Washington. Additionally, the
department shall establish a scientific peer review of independent
archaeologists that are knowledgeable about the region and its cultural
resources.
(((36))) (35) The department shall work with the department of
archaeology and historic preservation to ensure that the cultural
resources investigation is properly conducted on all mega-highway
projects and large ferry terminal projects. These projects must be
conducted with active archaeological management. Additionally, the
department shall establish a scientific peer review of independent
archaeologists that are knowledgeable about the region and its cultural
resources.
(((37))) (36) Within the amounts provided in this section,
$1,500,000 of the motor vehicle account--state appropriation is
provided solely for necessary work along the south side of SR 532,
identified as project number 053255C in the LEAP transportation
document described in subsection (1) of this section.
(((38))) (37) $10,000,000 of the transportation partnership
account--state appropriation is provided solely for the Spokane street
viaduct portion of project 809936Z, SR 99/Alaskan Way Viaduct –
Replacement project as indicated in the LEAP transportation document
referenced in subsection (1) of this section.
(((39))) (38) The department shall conduct a public outreach
process to identify and respond to community concerns regarding the
portion of John's Creek Road that connects state route number 3 and
state route number 101. The process must include representatives from
Mason county, the legislature, area businesses, and community members.
The department shall use this process to consider, develop, and design
a project scope so that the community's needs are met for the lowest
cost. The department shall provide a report on the process and
outcomes to the legislature by June 30, 2010.
(((40))) (39) The department shall apply for the competitive
portion of federal transit administration funds for eligible transit-related costs of the state route number 520 bridge replacement and HOV
project and the Columbia river crossing project. The federal funds
described in this subsection must not include those federal transit
administration funds distributed by formula. The department shall
provide a report regarding this effort to the legislature by January 1,
2010.
(40) $5,500,000 of the motor vehicle account--federal appropriation
is provided solely for the Alaskan Way Viaduct - Automatic Shutdown
project, identified as project L1000034.
(41) $2,244,000 of the motor vehicle account--federal appropriation
and $122,000 of the motor vehicle account--state appropriation are
provided solely for the US 12/Nine Mile Hill to Woodward Canyon Vic -Build New Highway project, identified as project 501210T.
(42) $790,000 of the motor vehicle account--federal appropriation
is provided solely for the Express Lanes System Concept Study project,
identified as project 800020A. As part of this project, the department
shall prepare a comprehensive tolling study of the Interstate 5 express
lanes to determine the feasibility of administering tolls within the
corridor. The department shall regularly report to the Washington
transportation commission regarding the progress of the study. The
elements of the study must include, at a minimum:
(i) The potential for value pricing to generate revenues for needed
transportation facilities;
(ii) Maximizing the efficient operation of the corridor;
(iii) Economic considerations for future system investments; and
(iv) An analysis of the impacts to the regional transportation
system.
(b) The department shall submit a final report on the study to the
joint transportation committee by June 30, 2011.
(43) Any redistributed federal funds received by the department
must, to the greatest extent possible, be first applied to offset
planned expenditures of state funds, and second to offset planned
expenditures of federal funds, on projects as identified in the LEAP
transportation documents described in this act. If the redistributed
federal funds cannot be used in this manner, the department must
consult with the joint transportation committee prior to obligating any
redistributed federal funds.
(44) $226,000 of the motor vehicle account--federal appropriation
and $9,000 of the motor vehicle account--state appropriation are
provided solely for the SR 16/Rosedale Street NW Vicinity - Frontage
Road project (301639C). These funds must not be expended before an
agreement stating that the city of Gig Harbor will take ownership of
the road has been signed. The frontage road must be built for driving
speeds of no more than thirty-five miles per hour.
(45) The department shall work with the Washington state
transportation commission, the Oregon state department of
transportation, and the Oregon state transportation commission to
analyze and review potential options for a bistate, toll setting
framework. As part of the analysis, the department shall undertake the
following actions: Review statutory provisions and the governance
structures of toll facilities in the United States that are located
within two or more states; review relevant federal law regarding
transportation facilities that are located within two or more states;
consult with the state treasurers in Washington and Oregon regarding
the appropriate structure for the issuance of debt for toll facilities
that are located within two states; report findings and recommendations
to the Columbia river project sponsor's council by October 1, 2010; and
provide a final report to the governor and the legislature by June 30,
2011.
(46) $750,000 of the motor vehicle account--state appropriation is
provided solely for improvements from Allan Road to state route number
12 (501207Z).
(47) $500,000 of the motor vehicle account--state appropriation is
provided solely for a traffic signal at the intersection of state route
number 7 and state route number 702 (300738A).
(48) $750,000 of the motor vehicle account--state appropriation is
provided solely for environmental work on the Belfair Bypass (project
300344C).
(49) The legislature finds that state route number 522 corridor
provides an important link between Interstates 5 and 405 and will be
impacted by diversion from tolling elsewhere in the region. State
route number 522 must be reviewed as part of the scoping work conducted
under section 220(4) of this act. As such, the legislature intends to
provide additional funding for the corridor as a priority in the next
revenue package. The state will work with the affected cities and the
federal government to secure the necessary resources to address the
needs of this critical corridor.
(50) $500,000 of the motor vehicle account--state appropriation is
provided solely for the US 12/SR 122/Mossyrock - Intersection project
(401212R) for safety improvements.
(51) $200,000 of the motor vehicle account--federal appropriation
is provided solely for project US 97A/North of Wenatchee - Wildlife
Fence (209790B), and an offsetting reduction is anticipated in the
2011-13 biennium.
(52) If a planned roundabout in the vicinity of state route number
526 and 84th Street SW would divert commercial traffic onto
neighborhood streets, the department may not proceed with improvements
at state route number 526 and 84th Street SW until the traffic impacts
in the vicinity of state route number 526 and 40th Avenue West are
addressed.
(53) The department shall conduct a collision analysis corridor
study on state route number 167 from milepost 0 to milepost 5 and
report to the transportation committees of the legislature on the
analysis results by December 1, 2010.
(54) $2,600,000 of the motor vehicle account--federal appropriation
is provided solely for the ITS Advanced Traveler Information System
project in Whatcom county (100589B).
(55) $900,000 of the motor vehicle account--federal appropriation
is provided solely for the US 97/Cameron Lake Road intersection
improvements project in Okanogan county (209700W).
(56) $400,000 of the motor vehicle account--federal appropriation
and $100,000 of the motor vehicle account--state appropriation are
provided solely for the SR 9/SR 204 Intersection Improvement project
(L2000040).
(57) The legislature finds that the state route number 12 widening
from state route number 124 to Walla Walla is an important east-west
corridor in the southeast region of the state. Widening the highway to
four lanes will increase safety and improve freight mobility.
Therefore, the legislature intends for the department to use up to two
million dollars in future redistributed federal obligation authority
that may be received by the department for right-of-way purchase for
the US 12/Nine Mile Hill to Woodward Canyon Vicinity - Phase 7-A
project (501210T).
*Sec. 303 was partially vetoed. See message at end of chapter.
*Sec. 304 2009 c 470 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($103,077,000))
$75,305,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($88,142,000))
$96,884,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($524,954,000))
$556,705,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($6,417,000))
$18,768,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($7,237,000))
$6,328,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . (($6,500,000))
$6,636,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($736,327,000))
$760,626,000
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)) 2010-1 as developed
((April 24, 2009)) March 8, 2010, Program - Highway Preservation
Program (P). 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)) $542,000 of the motor vehicle account--federal
appropriation and (($455,361)) $453,000 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 - Preservation. Funds are
provided solely for preservation work on the existing vessel, the
Martha S.
(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)) $6,636,000 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)) project. The city of Tacoma 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)) $40,270,000.
((Funds may not be expended unless)) The city of Tacoma ((agrees to
take)) has taken 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 and the city of Tacoma must present to the
legislature an agreement on the timing of the transfer of ownership of
the Murray Morgan/11th Street bridge and any additional necessary state
funding required to achieve the transfer and rehabilitation of the
bridge by January 1, 2010.
(6) 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).
(7) 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.
(8)(a) The department shall conduct an analysis of state highway
pavement replacement needs for the next ten years. The report must
include:
(i) The current backlog of asphalt and concrete pavement
preservation projects;
(ii) The level of investment needed to reduce or eliminate the
backlog and resume the lowest life-cycle cost;
(iii) Strategies for addressing the recent rapid escalation of
asphalt prices, including alternatives to using hot mix asphalt;
(iv) 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; and
(v) The use of recycled asphalt and concrete in state highway
construction and the effect on highway pavement replacement needs.
(b) Additionally, the department shall work with the department of
ecology, the county road administration board, and the transportation
improvement board to explore and explain the potential use of permeable
asphalt and concrete pavement in state highway construction as an
alternative method of storm water mitigation and the potential effects
on highway pavement replacement needs.
(c) The department shall submit the report to the office of
financial management and the transportation committees of the
legislature by ((December)) September 1, 2010, in order to inform the
development of the 2011-13 omnibus transportation appropriations act.
(9) (($1,722)) $299,000 of the motor vehicle account--state
appropriation, (($9,608,115)) $23,425,000 of the motor vehicle
account--federal appropriation, and (($272,141)) $373,000 of the
transportation partnership account--state appropriation are provided
solely for the SR 104/Hood Canal bridge - replace east half project,
identified as project 310407B in the LEAP transportation document
described in subsection (1) of this section.
(10) Within the motor vehicle account--state appropriation and
motor vehicle account--federal appropriation, the department may
transfer funds between programs I and P, except for funds that are
otherwise restricted in this act.
(11) Within the amounts provided in this section, $1,510,000 of the
motor vehicle account--state appropriation is provided solely to
complete the rehabilitation of the SR 532/84th Avenue NW bridge deck.
(12) (($1,500,000)) $1,440,000 of the motor vehicle account--federal appropriation ((is)) and $60,000 of the motor vehicle account--state appropriation are provided solely for the environmental impact
statement and preliminary planning for the replacement of the state
route number 9 Snohomish river bridge (project L2000018).
(13) $12,503,000 of the motor vehicle account--federal
appropriation and $497,000 of the motor vehicle account--state
appropriation are provided solely for the SR 410/Nile Valley Landslide
- Establish Interim Detour project (541002R).
(14) $4,239,000 of the motor vehicle account--federal appropriation
and $662,000 of the motor vehicle account--state appropriation are
provided solely for the SR 410/Nile Valley Landslide - Reconstruct
Route project (541002T).
(15) Any redistributed federal funds received by the department
must, to the greatest extent possible, be first applied to offset
planned expenditures of state funds, and second, to offset planned
expenditures of federal funds, on projects as identified in the LEAP
transportation documents described in this act. If the redistributed
federal funds cannot be used in this manner, the department must
consult with the joint transportation committee prior to obligating any
redistributed federal funds.
(16) The legislature anticipates a report in September 2010 that
will outline the department's recommendation for developing a Keller
Ferry replacement at the lowest cost. The legislature supports the
request to the federal government for federal aid for a replacement
vessel and intends to provide reasonable matching amounts as necessary.
(17) $2,100,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 21/Kettle River to Malo paving project in
Ferry county (602117A).
*Sec. 304 was partially vetoed. See message at end of chapter.
Sec. 305 2009 c 470 s 308 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($6,394,000))
$8,158,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($9,262,000))
$18,037,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . $173,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($15,656,000))
$26,368,000
Sec. 306 2009 c 470 s 309 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES
CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
Appropriation . . . . . . . . . . . . (($118,752,000))
$126,824,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . (($38,306,000))
$60,364,000
Puget Sound Capital Construction Account--Local
Appropriation . . . . . . . . . . . . (($8,492,000))
$200,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $51,734,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($67,234,000))
$66,879,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($170,000))
$149,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($284,688,000))
$306,150,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($118,752,000)) $126,824,000 of the Puget Sound capital
construction account--state appropriation, (($38,306,000)) $60,364,000
of the Puget Sound capital construction account--federal appropriation,
(($8,492,000)) $200,000 of the Puget Sound capital construction
account--local appropriation, (($67,234,000)) $66,879,000 of the
transportation partnership account--state appropriation, $51,734,000 of
the transportation 2003 account (nickel account)--state appropriation,
and (($170,000)) $149,000 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)) 2010-2 as developed ((April 24, 2009))
March 8, 2010, Program - Ferries Construction Program (W). Of the
total appropriation, a maximum of $10,627,000 may be used for
administrative support, a maximum of $8,184,000 may be used for
terminal project support, and a maximum of $4,497,000 may be used for
vessel project support. Of the total appropriation, $5,851,000 is
provided solely for a reservation system and associated communications
projects.
(2) $51,734,000 of the transportation 2003 account (nickel
account)--state appropriation ((and)), $63,100,000 of the
transportation partnership account--state appropriation, and
$10,164,000 of the Puget Sound capital construction account--state
appropriation are provided solely for the acquisition of three new
Island Home class ferry vessels subject to the conditions of RCW
47.56.780. The department shall pursue a contract for the second and
third Island Home class ferry vessels with an option to purchase a
fourth Island Home class ferry vessel. However, if sufficient
resources are available to build one 144-auto vessel prior to
exercising the option to build the fourth Island Home class ferry
vessel, procurement of the fourth Island Home class ferry vessel will
be postponed and the department shall pursue procurement of a 144-auto
vessel.
(a) The first two Island Home class ferry vessels must be placed on
the Port Townsend-Keystone route.
(b) The department may add additional passenger capacity to one of
the Island Home class ferry vessels to make it more flexible within the
system in the future, if doing so does not require additional staffing
on the vessel.
(c) Cost savings from the following initiatives will be included in
the funding of these vessels: The department's review and update of
the vessel life-cycle cost model as required under this section; and
the implementation of technology efficiencies as required under section
602 of this act.
(3) (($2,450,000 of the Puget Sound capital construction account--state appropriation is provided solely for contingencies associated
with closing out the existing contract for the technical design of the
144-auto vessel and the storage and maintenance of vessel owner-furnished equipment already procured. The department shall use as much
of the already procured equipment as is practicable on the Island Home
class ferry vessel if it is likely to be obsolete before it is used in
procured 144-auto vessels.)) (a) $8,450,000 of the Puget Sound capital
construction account--state appropriation and $2,450,000 of the
transportation partnership account--state appropriation are provided
solely for the following projects related to the design of a 144-vehicle vessel class: (i) $1,380,000 is provided solely for completion
of the contract for owner-furnished equipment; (ii) $8,320,000 is
provided solely for completion of the technical design, detail design,
and production drawings, all of which must plan for an aluminum
superstructure; (iii) $480,000 is provided solely for the storage of
owner-furnished equipment; and (iv) a maximum of $720,000 is for
construction engineering. In completing the contract for owner-furnished equipment, the department shall use as much of the already
procured equipment as is practicable on the Island Home class ferry
vessels if it is likely to be obsolete before it is used in procured
144-vehicle vessels.
(b) The department shall conduct a cost-benefit study on
alternative furnishings and fittings for the 144-vehicle vessel class.
The study must review the proposed interior furnishings and fittings
for the long-term maintenance and out-of-service vessel costs and, if
appropriate, propose alternative interior furnishings and fittings that
will decrease long-term maintenance and out-of-service vessel costs.
The study must include a projection of out-of-service time and a life-cycle cost analysis of planned out-of-service time, including the
impact on fleet size. The department must submit the study to the
joint transportation committee by August 1, 2010.
(c) The department shall identify costs for any additional detail
design and production drawings costs related to incorporating the
aluminum superstructure and any changes in the proposed furnishings and
fittings.
(4) $6,300,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital costs.
(5) ((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.)) $3,000,000 of the Puget
Sound capital construction account--federal appropriation is provided
solely for completing the Anacortes terminal design up to the maximum
allowable construction cost phase. Beyond preparing environmental
work, these funds may be spent only after the following conditions have
been met: (a) A value engineering process is conducted on the existing
design and the concept of a terminal building smaller than preferred
alternative; (b) the office of financial management participates in the
value engineering process; (c) the office of financial management
concurs with the recommendations of the value engineering process; and
(d) the office of financial management gives its approval to proceed
with the design work.
(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 for the Issaquah; jumbo
Mark 1 class steering gear ventilation pilot project; and ((a new
propulsion system for the MV Yakima)) improvements to the Yakima and
Kaleetan propulsion controls to allow for two engine operation. 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 department 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 department shall review and adjust its 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 the total appropriation is provided solely for
the Washington state ferries to develop a reservation system. The
department shall complete a predesign study and present the study to
the joint transportation committee by November 1, 2009. 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. The department may not implement a
statewide reservation system until the department is authorized to do
so in the 2010 supplemental omnibus transportation appropriations act.)) $1,200,000 of the total appropriation is provided solely for
improving the toll booth configuration at the Port Townsend and
Keystone ferry terminals.
(11)
(((12) $3,249,915)) (11) $2,636,000 of the total appropriation is
provided solely for continued permitting ((and archaeological work in
order to determine the feasibility of relocating)) work on the Mukilteo
ferry terminal. ((In order to ensure that the cultural resources
investigation is properly conducted in a coordinated fashion, the
department shall work with the department of archaeology and historic
preservation and shall conduct work with active archaeological
management.)) The department shall seek additional federal funding for
this project.
(((13))) (12) The department shall develop a proposed ferry vessel
maintenance, preservation, and improvement program and present it to
the transportation committees of the legislature by July 1, 2010. The
proposal must:
(a) Improve the basis for budgeting vessel maintenance,
preservation, and improvement costs and for projecting those costs into
a sixteen-year financial plan;
(b) Limit the amount of planned out-of-service time to the greatest
extent possible, including options associated with department staff as
well as commercial shipyards. At a minimum, the department shall
consider the following:
(i) The costs compared to benefits of Eagle Harbor repair and
maintenance facility operations options to include staffing costs and
benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including
the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing
preservation or maintenance work, or both, while the vessel is
underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation,
and improvement program contracting process and contractual
requirements;
(v) The costs compared to benefits of allowing for increased costs
associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of
proposed projects and other projects planned during the same
construction period;
(vii) Coordination with required United States coast guard dry
dockings;
(viii) A method for comparing how proposed projects relate to the
service requirements of the route on which the vessel normally
operates; and
(ix) A method for evaluating the ongoing maintenance and
preservation costs associated with proposed improvement projects; and
(c) Be based on the service plan in the capital plan, recognizing
that vessel preservation and improvement needs may vary by route.
(((14))) (13) $247,000 of the Puget Sound capital construction
account--state appropriation is provided solely for the Washington
state ferries to review and update its vessel life-cycle cost model and
report the results to the house of representatives and senate
transportation committees of the legislature by ((December 1, 2009))
March 15, 2010. This review will evaluate the impact of the planned
out-of-service periods scheduled for each vessel on the ability of the
overall system to deliver uninterrupted service and will assess the
risk of service disruption from unscheduled maintenance or longer than
planned maintenance periods.
(((15))) (14) The department shall work with the department of
archaeology and historic preservation to ensure that the cultural
resources investigation is properly conducted on all large ferry
terminal projects. These projects must be conducted with active
archaeological management. Additionally, the department shall
establish a scientific peer review of independent archaeologists that
are knowledgeable about the region and its cultural resources.
(((16))) (15) The Puget Sound capital construction account--state
appropriation includes up to (($118,000,000)) $114,000,000 in proceeds
from the sale of bonds authorized in RCW 47.10.843.
(16) The Puget Sound capital construction account--state
appropriation reflects the reduction of three terminal positions due to
decreased terminal activity and funding.
Sec. 307 2009 c 470
s 310 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account--State
Appropriation . . . . . . . . . . . . (($675,000))
$333,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . (($13,100,000))
$13,184,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($68,530,000))
$102,202,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($16,054,000))
$619,527,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . $81,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($98,440,000))
$735,327,000
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)) 2010-2 as developed
((April 24, 2009)) March 8, 2010, Program - Rail Capital Program (Y).
((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 (BIN 722710A) 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 (BIN 722810A) for a new rail track to connect a
cement loading facility to the mainline.
(iii) ((Within the amounts provided in this section, $3,684,000 of
the transportation infrastructure account--state appropriation is for
a low-interest loan through the freight rail investment bank program to
the Port of Quincy for construction of a rail loop.)) The department shall issue the loans referenced in this
subsection (1)(b) with a repayment period of no more than ten years,
and only so much interest as is necessary to recoup the department's
costs to administer the loans.
(iv)
(c)(i) Within the amounts provided in this section, (($1,712,022))
$1,713,000 of the multimodal transportation account--state
appropriation and (($175,000)) $333,000 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)) $363,000;
Tacoma Rail/Tacoma - new refinery spur tracks (BIN 711010A) $420,000;
CW Line/Lincoln County - grade crossing rehabilitation (BIN 700610A)
(($370,650)) $371,000; ((Clark County)) Chelatchie Prairie owned
railroad/Vancouver - track rehabilitation (BIN 710110A) (($366,813))
$367,000; Tacoma Rail/Tacoma - improved locomotive facility (BIN
711010B) (($366,813)) $525,000.
(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.)) Within the amounts provided in this section, ((
(iii)$337,978))
$338,000 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) Within the amounts provided in this section, (($8,100,000))
$8,115,000 of the transportation infrastructure account--state
appropriation is 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. $300,000 of the transportation
infrastructure account--state appropriation is provided solely for the
fence line replacement project on the CW line. 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((,)) and 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 department shall, on a quarterly basis, provide to the
office of financial management and the legislature reports providing
the status on active projects identified in the LEAP transportation
document described in subsection (1)(a) of this section. Report
formatting and elements must be consistent with the October 2009
quarterly project report.
(7) The multimodal transportation account--state appropriation
includes up to (($20,000,000)) $48,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.867.
(((7))) (8) When the balance of that portion of the miscellaneous
program account apportioned to the department for the grain train
program reaches $1,180,000, the department shall acquire twenty-nine
additional grain train railcars.
(9) $590,000,000 of the multimodal transportation account--federal
appropriation is provided solely for high-speed rail projects awarded
to Washington state from the high-speed intercity passenger rail
program under the American recovery and reinvestment act. Funding will
allow for two additional round trips between Seattle and Portland, and
other rail improvements.
(10) $2,200,000 of the multimodal transportation account--state
appropriation is provided solely for expenditures related to the
capital high-speed passenger rail grant that are not federally
reimbursable.
(11) The Burlington Northern Santa Fe Skagit river bridge is an
integral part of the rail system. Constructed in 1916, the bridge does
not meet current design standards and is at risk during flood events
that occur on the Skagit river. The department shall work with
Burlington Northern Santa Fe and local jurisdictions to secure federal
funding for the Skagit river bridge and to develop an appropriate
replacement plan and schedule.
(12) $1,000,000 of the multimodal transportation account--state
appropriation is provided solely for additional expenditures along the
Chelatchie Prairie railroad (LN2000025).
Sec. 308 2009 c 470 s 311 (uncodified) is amended to read as
follows:
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 . . . . . . . . . . . . (($13,548,000))
$13,848,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $8,863,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($12,954,000))
$14,068,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($39,572,000))
$43,835,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . (($14,920,000))
$15,620,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . (($3,135,000))
$3,258,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . (($2,098,000))
$2,118,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($28,262,000))
$28,855,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($709,000))
$2,709,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $2,879,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . $5,895,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($128,749,000))
$143,757,000
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) $2,729,000 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) $150,000 of the passenger ferry account--state appropriation is
provided solely for the Port of Kingston for a one-time operating
subsidy needed to retain a federal grant.
(4) $3,000,000 of the motor vehicle account--federal appropriation
is provided solely for the Coal Creek parkway project (L1000025).
(5) 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.
(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 local programs, program
Z capital.
(7) 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.
(8) 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.
(9) (($18,182,113)) $18,289,000 of the multimodal transportation
account--state appropriation, (($8,753,895)) $8,810,000 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.
(10) 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)) 2010-2 as developed
((April 24, 2009)) March 8, 2010, Program((s)) - Local Program (Z).
(11) 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.
(12) $913,386 of the motor vehicle account--state appropriation and
(($2,858,216)) $2,858,000 of the motor vehicle account--federal
appropriation are provided solely for completion of the US 101
northeast peninsula safety rest area and associated roadway
improvements east of Port Angeles at the Deer Park scenic view point.
The department must surplus any right-of-way previously purchased for
this project near Sequim. Approval to proceed with construction is
contingent on surplus of previously purchased right-of-way. $865,000
of the motor vehicle account--state appropriation is to be placed into
unallotted status until such time as the right-of-way sale is
completed.
(13) $5,894,000 of the Puyallup tribal settlement account--state
appropriation is provided solely for costs associated with the Murray
Morgan/11th Street bridge project. The city of Tacoma may use the
Puyallup tribal settlement account appropriation and other appropriated
funds for bridge rehabilitation, bridge replacement, bridge demolition,
and bridge mitigation. The department's participation, including prior
expenditures, may not exceed $40,270,000. The city of Tacoma has taken
ownership of the bridge in its entirety, and the payment of these funds
extinguishes any real or implied agreements regarding future bridge
expenditures.
(14) Up to $3,702,000 of the motor vehicle account--federal
appropriation and $75,000 of the motor vehicle account--state
appropriation are provided solely to reimburse the cities of Kirkland
and Redmond for pavement and bridge deck rehabilitation on state route
number 908 (project 1LP611A). These funds may not be expended unless
the cities sign an agreement stating that the cities agree to take
ownership of state route number 908 in its entirety and agree that the
payment of these funds represents the entire state commitment to the
cities for state route number 908 expenditures. The amount provided in
this subsection is contingent on the enactment by June 30, 2010, of
Senate Bill No. 6555.
(15) The department shall consider the condition of the Broadway
bridge in the city of Everett when prioritizing bridge projects.
(16) In order to make the Hood Canal bridge safe for cyclists, the
department must work with stakeholders to review bicycle safety needs
on the bridge, including consideration of accident data and
improvements already made to this project.
(17) $250,000 of the multimodal transportation account--state
appropriation is provided solely for the Shell Valley emergency access
road and bicycle/pedestrian path.
(18) $500,000 of the motor vehicle account--state appropriation is
provided solely for improvements to the 150th and Murray Road
intersection in the city of Lakewood.
(19) $250,000 of the motor vehicle account--state appropriation is
provided solely for flood reduction solutions on state route number 522
caused by the lower McAleer and Lyon creek basins.
(20) $200,000 of the motor vehicle account--state appropriation is
provided solely for improvements to the intersection of 39th Ave SE and
state route number 96 in Snohomish county.
*Sec. 401 2009 c 470 s 401 (uncodified) is amended to read as
follows:
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 . . . . . . . . . . . . (($742,400,000))
$733,667,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . $33,771,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $600,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . (($22,541,000))
$22,962,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($18,400,000))
$18,451,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($8,318,000))
$4,722,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($901,000))
$732,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($4,116,000))
$2,182,000
Special Category C Account--State Appropriation . . . . . . . . . . . . (($148,000))
$94,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $85,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $41,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($283,000))
$204,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($831,004,000))
$817,511,000
*Sec. 401 was partially vetoed. See message at end of chapter.
Sec. 402 2009 c 470 s 402 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND
REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND
FISCAL AGENT CHARGES
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $40,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($523,000))
$787,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($57,000))
$122,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($259,000))
$364,000
Special Category C Account--State Appropriation . . . . . . . . . . . . (($10,000))
$15,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $5,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $3,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($18,000))
$34,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($875,000))
$1,370,000
Sec. 403 2009 c 470 s 403 (uncodified) is amended to read as
follows:
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 . . . . . . . . . . . . (($118,000,000))
$114,000,000
The department of transportation is authorized to sell up to
(($118,000,000)) $114,000,000 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.
Sec. 404 2009 c 470 s 404 (uncodified) is amended to read as
follows:
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))
$478,753,000
Sec. 405 2009 c 470 s 405 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account -- State
Appropriation: For motor vehicle fuel tax
refunds and statutory transfers . . . . . . . . . . . . (($1,310,279,000))
$1,247,260,000
Sec. 406 2009 c 470 s 406 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING -- TRANSFERS
Motor Vehicle Account -- State
Appropriation: For motor vehicle fuel tax
refunds and transfers . . . . . . . . . . . . (($129,178,000))
$120,688,000
Sec. 407 2009 c 470 s 407 (uncodified) is amended to read as
follows:
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 . . . . . . . . . . . . (($17,000,000))
$54,000,000
(3) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $2,000,000
(4) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $2,750,000
(5) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . $9,000,000
(6) Highway Safety Account--State Appropriation:
For transfer to the Multimodal Transportation
Account--State . . . . . . . . . . . . $18,750,000
(7) Department of Licensing Services Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . (($2,000,000))
$1,300,000
(8) Advanced Right-of-Way Account: For transfer
to the Motor Vehicle Account--State . . . . . . . . . . . . $14,000,000
(9) ((Motor Vehicle Account--State Appropriation:))
For transfer to the Transportation Partnership
Account--State . . . . . . . . . . . . $8,000,000
(10) State Route Number 520 Civil Penalties
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $190,000
(11) Advanced Environmental Mitigation Revolving
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(12) Regional Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $4,000,000
(13) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway Account--State . . . . . . . . . . . . $4,000,000
(14) The transfers identified in this section are subject to the
following conditions and limitations:
(a) 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. However, if Engrossed
Substitute Senate Bill No. 6499 is enacted by June 30, 2010, the
transfer in subsection (1) of this section shall not occur.
(b) Any cash balance in the waste tire removal account in excess of
one million dollars must be transferred to the motor vehicle account
for the purpose of road wear-related maintenance on state and local
public highways.
(c) The transfer in subsection (10) of this section represents toll
revenue collected from toll violations.
Sec. 501 2009 c 470 s 501 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT-- REVISED PENSION CONTRIBUTION
RATES
((Aeronautics Account--State . . . . . . . . . . . . ($40,000)
Grade Crossing Protective Account--State . . . . . . . . . . . . ($2,000)
State Patrol Highway Account--State . . . . . . . . . . . . ($5,593,000)
Motorcycle Safety Education Account--State . . . . . . . . . . . . ($18,000)
High Occupancy Toll Lanes Operations Account--State . . . . . . . . . . . . ($20,000)
Rural Arterial Trust Account--State . . . . . . . . . . . . ($20,000)
Wildlife Account--State . . . . . . . . . . . . ($16,000)
Highway Safety Account--State . . . . . . . . . . . . ($1,869,000)
Highway Safety Account--Federal . . . . . . . . . . . . ($56,000)
Motor Vehicle Account--State . . . . . . . . . . . . ($11,348,000)
Puget Sound Ferry Operations Account--State . . . . . . . . . . . . ($5,019,000)
Urban Arterial Trust Account--State . . . . . . . . . . . . ($26,000)
Transportation Improvement Account--State . . . . . . . . . . . . ($26,000)
County Arterial Preservation Account--State . . . . . . . . . . . . ($22,000)
Department of Licensing Services Account--State . . . . . . . . . . . . ($36,000)
Multimodal Transportation Account--State . . . . . . . . . . . . ($220,000)
Tacoma Narrows Toll Bridge Account--State . . . . . . . . . . . . ($28,000)
Puget Sound Capital Construction Account--State . . . . . . . . . . . . ($459,000)
Motor Vehicle Account--Federal . . . . . . . . . . . . ($8,791,000)
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 transportation document Z9R-2009. From the
applicable accounts, the office of financial management shall adjust
allotments to the respective agencies by an amount that conforms with
funding adjustments enacted in the 2009-11 omnibus operating
appropriations act. Any allotment reductions under this section shall
be placed in reserve status and remain unexpended.
NEW SECTION. Sec. 502 FOR THE OFFICE OF FINANCIAL MANAGEMENT--REVISED EMPLOYER HEALTH BENEFIT RATES
Aeronautics Account--State . . . . . . . . . . . . $3,000
State Patrol Highway Account--State . . . . . . . . . . . . $618,000
Motorcycle Safety Education Account--State . . . . . . . . . . . . $2,000
High Occupancy Toll Lanes Operations Account--State . . . . . . . . . . . . $2,000
Rural Arterial Trust Account--State . . . . . . . . . . . . $2,000
Wildlife Account--State . . . . . . . . . . . . $2,000
Highway Safety Account--State . . . . . . . . . . . . $261,000
Highway Safety Account--Federal . . . . . . . . . . . . $6,000
Motor Vehicle Account--State . . . . . . . . . . . . $1,076,000
Puget Sound Ferry Operations Account--State . . . . . . . . . . . . $527,000
Urban Arterial Trust Account--State . . . . . . . . . . . . $2,000
Transportation Improvement Account--State . . . . . . . . . . . . $2,000
County Arterial Preservation Account--State . . . . . . . . . . . . $2,000
Department of Licensing Services Account--State . . . . . . . . . . . . $3,000
Multimodal Transportation Account--State . . . . . . . . . . . . $13,000
Tacoma Narrows Toll Bridge Account--State . . . . . . . . . . . . $3,000
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 in funding levels in
this section as identified by agency and fund in LEAP transportation
document GLB-2010. From the applicable accounts, the office of
financial management shall adjust allotments to the respective agencies
by an amount that conforms with funding adjustments enacted in the 2010
supplemental omnibus operating appropriations act. Any allotment
reductions under this section must be placed in reserve status and
remain unexpended.
Sec. 503 2009 c 470 s 503 (uncodified) is amended to read as
follows:
COMPENSATION--INSURANCE BENEFITS. Appropriations for state agencies
in this act are sufficient for nonrepresented and represented state
employee health benefits for state agencies, and are subject to the
following conditions and limitations:
(1)(a) Unless otherwise provided in the 2010 supplemental omnibus
operating appropriations act, the monthly employer funding rate for
insurance benefit premiums, public employees' benefits board
administration, and the uniform medical plan, shall not exceed $745 per
eligible employee for fiscal year 2010. For fiscal year 2011, the
monthly employer funding rate shall not exceed (($768)) $795 per
eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any or all
of the following: Employee premium copayments; increases in point-of-service cost sharing; the implementation of managed competition; or
make other changes to benefits consistent with RCW 41.05.065. During
the 2009-11 fiscal biennium, the board may only authorize benefit plans
and premium contributions for an employee and the employee's dependents
that are the same, regardless of an employee's status as represented or
nonrepresented under the personnel system reform act of 2002.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts shall not be used for
administrative expenditures.
(d) The conditions in this section apply to benefits for
nonrepresented employees, employees represented by the super coalition,
and represented employees outside of the super coalition, including
employees represented under chapter 47.64 RCW.
(2) Unless otherwise provided in the 2010 supplemental omnibus
operating appropriations act, the health care authority, subject to the
approval of the public employees' benefits board, shall provide
subsidies for health benefit premiums to eligible retired or disabled
public employees and school district employees who are eligible for
medicare, pursuant to RCW 41.05.085. From January 1, 2010, through
December 31, 2010, the subsidy shall be $182.89. Beginning January 1,
2011, the subsidy shall be $182.89 per month.
Sec. 601 2009 c 470 s 304 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION. As part of its budget
submittal ((for the 2011-13 fiscal biennium)), the department shall
provide an annual update to the report provided to the legislature and
the office of financial management 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. 602 Any redistributed federal funds received
by the department of transportation must, to the greatest extent
possible, be first applied to offset planned expenditures of state
funds, and second, to offset planned expenditures of federal funds, on
projects as identified in the LEAP transportation documents described
in this act. If the redistributed federal funds cannot be used in this
manner, the department of transportation must consult with the joint
transportation committee prior to obligating any redistributed federal
funds.
*Sec. 602 was vetoed. See message at end of chapter.
Sec. 603 2009 c 470 s 603 (uncodified) is amended to read as
follows:2009-1))
2010-1 as developed ((April 24, 2009)) March 8, 2010, which consists of
a list of specific projects by fund source and amount over a sixteen
year period. Current fiscal biennium funding for each project is a
line item appropriation, while the outer year funding allocations
represent a sixteen year plan. The department is expected to use the
flexibility provided in this section to assist in the delivery and
completion of all transportation partnership account and transportation
2003 (nickel) account projects on the LEAP lists referenced in this
act. 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 funded with
transportation 2003 account (nickel account) appropriations((,)) or
transportation partnership account appropriations, ((or multimodal
transportation account appropriations,)) in order to manage project
spending and efficiently deliver all projects in the respective program
under the following conditions and limitations:
(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. Until
the legislature reconvenes to consider the 2010 supplemental budget,
any unexpended 2007-09 appropriation balance as approved by the office
of financial management, in consultation with the legislative staff of
the house of representatives and senate transportation committees, may
be considered when transferring funds between projects;
(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, except for those projects that were expected
to be completed in the 2007-09 fiscal biennium; ((and))
(f) Transfers may not be made while the legislature is in session;
and
(g) Transfers between projects may be made by the department of
transportation until the transfer amount by project exceeds two hundred
fifty thousand dollars, or ten percent of the project, whichever is
less. These transfers must be reported quarterly to the director of
financial management and the chairs of the house of representatives and
senate transportation committees.
(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.
Sec. 701 RCW 43.19.642 and 2009 c 470 s 716 are each amended to
read as follows:
(1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection
agency for on-highway diesel fuel, agencies shall use biodiesel as an
additive to ultra-low sulfur diesel for lubricity, provided that the
use of a lubricity additive is warranted and that the use of biodiesel
is comparable in performance and cost with other available lubricity
additives. The amount of biodiesel added to the ultra-low sulfur
diesel fuel shall be not less than two percent.
(2) Effective June 1, 2009, state agencies are required to use a
minimum of twenty percent biodiesel as compared to total volume of all
diesel purchases made by the agencies for the operation of the
agencies' diesel-powered vessels, vehicles, and construction equipment.
(3) All state agencies using biodiesel fuel shall, beginning on
July 1, 2006, file biannual reports with the department of general
administration documenting the use of the fuel and a description of how
any problems encountered were resolved.
(4) For the 2009-2011 fiscal biennium, ((the Washington state
ferries is required to use a minimum of five percent biodiesel as
compared to total volume of all diesel purchases made by the Washington
state ferries for the operation of the Washington state ferries diesel-powered vessels)) all fuel purchased by the Washington state ferries at
Harbor Island for the operation of the Washington state ferries diesel
powered vessels must be a minimum of five percent biodiesel blend so
long as the per gallon price of diesel containing a five percent
biodiesel blend level does not exceed the per gallon price of diesel by
more than five percent. If the per gallon price of diesel containing
a five percent biodiesel blend level exceeds the per gallon price of
diesel by more than five percent, the requirements of this section do
not apply to vessel fuel purchases by the Washington state ferries.
(5) By December 1, 2009, the department of general administration
shall:
(a) Report to the legislature on the average true price
differential for biodiesel by blend and location; and
(b) Examine alternative fuel procurement methods that work to
address potential market barriers for in-state biodiesel producers and
report these findings to the legislature.
Sec. 702 RCW 46.68.320 and 2006 c 337 s 8 are each amended to
read as follows:
(1) The regional mobility grant program account is hereby created
in the state treasury. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used only for the
grants provided under RCW 47.66.030.
(2) Beginning with September 2007, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the regional
mobility grant program account five million dollars.
(3) Beginning with September 2015, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the regional
mobility grant program account six million two hundred fifty thousand
dollars.
(4) During the 2009-2011 fiscal biennium, the legislature may
transfer from the regional mobility grant program account to the
multimodal transportation account such amounts as reflect the excess
fund balance of the regional mobility grant program account.
Sec. 703 RCW 47.12.340 and 1997 c 140 s 3 are each amended to
read as follows:
The advanced environmental mitigation revolving account is created
in the custody of the treasurer, into which the department shall
deposit directly and may expend without appropriation:
(1) An initial appropriation included in the department of
transportation's 1997-99 budget, and deposits from other identified
sources;
(2) All moneys received by the department from internal and
external sources for the purposes of conducting advanced environmental
mitigation; and
(3) Interest gained from the management of the advanced
environmental mitigation revolving account.
(4) During the 2009-2011 fiscal biennium, the legislature may
transfer from the advanced environmental mitigation revolving account
to the motor vehicle account such amounts as reflect the excess fund
balance of the advanced environmental mitigation revolving account.
Sec. 704 RCW 70.95.532 and 2009 c 261 s 4 are each amended to
read as follows:
(1) All receipts from tire fees imposed under RCW 70.95.510, except
as provided in subsection (2) of this section, must be deposited in the
waste tire removal account created under RCW 70.95.521. 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.
(2) On September 1st of odd-numbered years, the state treasurer
must transfer any cash balance in excess of one million dollars from
the waste tire removal account created under RCW 70.95.521 to the motor
vehicle account for the purpose of road wear related maintenance on
state and local public highways.
(3) During the 2009-2011 fiscal biennium, the legislature may
transfer any cash balance in excess of one million dollars from the
waste tire removal account to the motor vehicle account for the purpose
of road wear-related maintenance on state and local public highways.
NEW SECTION. Sec. 705 2009 c 470 s 502 is repealed.
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.