HB 1382 -
By Representative Armstrong
FAILED 03/05/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 It is the intent of the legislature to
improve mobility for people and goods by maximizing the effectiveness
of the freeway system. The ability of the state to provide an
efficient transportation system will be enhanced by a public-private
partnership in which private entities undertake the study, planning,
design, development, acquisition, installation, construction, or
improvement of existing transportation systems. A public-private
partnership using toll lanes is one approach for generating funds to
improve the Interstate 405 and state route number 167 corridor. The
legislature acknowledges that as one of the most congested freeway
sections in the state, the Interstate 405 and state route number 167
corridor serves as an ideal candidate for the use of a public-private
partnership.
Therefore, it is the intent of the legislature to direct the
department of transportation to explore improving the movement of
vehicles and people through the use of a public-private partnership on
Interstate 405 between the city of Bellevue on the north end and state
route number 167 on the south end and to determine the feasibility of
financing capacity improvements through tolls.
NEW SECTION. Sec. 2 A new section is added to chapter 47.56 RCW
under the subchapter heading "toll facilities created after July 1,
2008" to read as follows:
(1) The department shall conduct a traffic and revenue analysis
that would be informative to potential partners in a public-private
partnership with the goal of completing planned throughput and capacity
improvements on state route number 167 and Interstate 405. Information
included in the analysis must help evaluate the viability of a public-
private partnership model for completing improvements to state route
number 167 and Interstate 405 that will most effectively improve
congestion and provide reliable travel times. The department shall
also develop a corridor-wide project management plan to develop a
strategy for phasing the completion of improvements in the Interstate
405 and state route number 167 corridor.
(2) The department shall use the information from the traffic and
revenue analysis and the corridor-wide project management plan to
develop a finance plan to fund improvements in the Interstate 405 and
state route number 167 corridor. The department must include the
following elements in the finance plan:
(a) Current state and federal funding contributions for projects in
the Interstate 405 and state route number 167 corridor;
(b) A potential future state and federal funding contribution to
leverage toll revenues;
(c) Financing mechanisms to optimize the revenue available for
capacity improvements including, but not limited to, using the full
faith and credit of the state; and
(d) Private financing to further state and federal funding
contributions.
(3) The department must consult with a committee consisting of
local and state elected officials from the Interstate 405 and state
route number 167 corridor and representatives from the transit agencies
that operate in the Interstate 405 and state route number 167 corridor
while developing the traffic and revenue analysis and finance plan.
(4) The department must provide the traffic and revenue analysis
plan and finance plan to the governor and the legislature by January
2012.
NEW SECTION. Sec. 3 A new section is added to chapter 46.68 RCW
to read as follows:
(1) The Interstate 405 toll lanes account is created in the motor
vehicle fund in the state treasury. Money in the account may be spent
only after appropriation. Expenditures from the account must be used
only for the improvements specified in a public-private partnership
agreement for projects on the Interstate 405 corridor.
(2) Deposits to the account must include:
(a) All proceeds of bonds issued for construction of Interstate 405
improvements, including any capitalized interest;
(b) All of the tolls and other revenues received from the operation
of Interstate 405 as a toll facility when authorized by the
legislature, to be deposited at least monthly;
(c) Any interest that may be earned from the deposit or investment
of those revenues;
(d) Notwithstanding RCW 47.12.063, proceeds from the sale of any
surplus real property acquired for the Interstate 405 corridor
improvement program; and
(e) All damages, liquidated or otherwise, collected under any
contract involving the Interstate 405 corridor improvement program.
Sec. 4 RCW 43.84.092 and 2010 1st sp.s. c 30 s 20, 2010 1st sp.s.
c 9 s 7, 2010 c 248 s 6, 2010 c 222 s 5, 2010 c 162 s 6, and 2010 c 145
s 11 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University
capital projects account, the charitable, educational, penal and
reformatory institutions account, the cleanup settlement account, the
Columbia river basin water supply development account, the common
school construction fund, the county arterial preservation account, the
county criminal justice assistance account, the county sales and use
tax equalization account, the deferred compensation administrative
account, the deferred compensation principal account, the department of
licensing services account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the education legacy trust
account, the election account, the energy freedom account, the energy
recovery act account, the essential rail assistance account, The
Evergreen State College capital projects account, the federal forest
revolving account, the ferry bond retirement fund, the freight
congestion relief account, the freight mobility investment account, the
freight mobility multimodal account, the grade crossing protective
fund, the public health services account, the health system capacity
account, the high capacity transportation account, the state higher
education construction account, the higher education construction
account, the highway bond retirement fund, the highway infrastructure
account, the highway safety account, the high occupancy toll lanes
operations account, the hospital safety net assessment fund, the
industrial insurance premium refund account, the Interstate 405 toll
lanes account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the
local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the marine resources
stewardship trust account, the medical aid account, the mobile home
park relocation fund, the motor vehicle fund, the motorcycle safety
education account, the multiagency permitting team account, the
multimodal transportation account, the municipal criminal justice
assistance account, the municipal sales and use tax equalization
account, the natural resources deposit account, the oyster reserve land
account, the pension funding stabilization account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public transportation systems account, the
public works assistance account, the Puget Sound capital construction
account, the Puget Sound ferry operations account, the Puyallup tribal
settlement account, the real estate appraiser commission account, the
recreational vehicle account, the regional mobility grant program
account, the resource management cost account, the rural arterial trust
account, the rural Washington loan fund, the site closure account, the
small city pavement and sidewalk account, the special category C
account, the special wildlife account, the state employees' insurance
account, the state employees' insurance reserve account, the state
investment board expense account, the state investment board commingled
trust fund accounts, the state patrol highway account, the state route
number 520 civil penalties account, the state route number 520 corridor
account, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the transportation 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the urban arterial trust
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington judicial retirement
system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state health insurance pool
account, the Washington state patrol retirement account, the Washington
State University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section."
Correct the title.
EFFECT: (1) Replaces the intent section with a revised intent
section.
(2) Removes the authorization for tolling on a certain section of
Interstate 405 and removes the authorization for the Department of
Transportation to construct and operate express toll lanes on a certain
section of Interstate 405.
(3) Removes all criteria and requirements related to setting tolls
on the express toll lanes, monitoring the express toll lanes project,
the definition for the express toll lanes, and the penalty for
violation of the lane restrictions on the express toll lanes.
(4) Revises the traffic and revenue analysis and the project
management plan required of the Department of Transportation from
analysis on a forty-mile continuous express toll lane system that
includes SR 167 and Interstate 405 to an analysis on capacity
improvements on SR 167 and Interstate 405 that would be informative to
potential partners in a public-private partnership.
(5) Revises the finance plan required of the Department of
Transportation and requires the plan to include private financing to
further state and federal funding contributions.
(6) Removes the eastside corridor express toll lanes operations
account and creates the Interstate 405 toll lanes account in the motor
vehicle fund.