ESSB 5457 -
By Committee on Transportation
NOT ADOPTED 04/12/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that public
transportation provides many benefits to the citizens of the state and
the environment, including through public transportation's ability to
alleviate congestion and offset the burdens placed by general vehicular
traffic on the state's transportation infrastructure. In these
challenging economic times, many transit agencies find themselves
struggling to continue to provide a level of service that reduces
congestion.
The legislature further recognizes that King county conducted a
regional transit task force in 2010 that considered a policy framework
for the potential future growth and, if necessary, contraction of King
county's transit system. The task force members were selected to
represent a broad diversity of interests and perspectives. The task
force recommendations, which were unanimously accepted, addressed key
elements, such as the adoption of performance measures, controlling
operating costs, developing policy guidance for making service
reductions, and clear and transparent guidelines for service
allocation. As a result of the work done by the task force and King
county's commitment to comply with the recommendations, it is the
intent of the legislature that King county be provided the opportunity
to impose a temporary congestion reduction charge, which is separate
and distinct from the base motor vehicle license fee, that can help
address its revenue shortfalls during this economic crisis and allow it
to continue reducing congestion and the corresponding burdens placed on
the highway system on some of the state's most crowded corridors.
The legislature further recognizes the cuts, downsizing, and
reductions in service that community transit has undertaken to date,
including the suspension of service on Sundays and holidays. Community
transit has also completed a six-year transit development plan for
2008-2013, and on March 3, 2011, adopted its first long-range transit
plan setting strategic service, capital, and policy direction for the
agency over the next twenty years through 2030. These efforts have
been integrated with the Puget Sound regional council's transportation
2040 plan, sound transit's long-range plan, and Snohomish county's
multimodal transportation vision. The long-range transit plan was
developed through months of work with local jurisdictions; Snohomish
county; other transit agencies; the Puget Sound regional council; the
Washington state department of transportation; and workshops, forums,
and focus groups with business leaders, riders, and local citizens.
The long-range transit plan includes performance quidelines that set
targets for each community transit route; informs local jurisdictions
about the population densities, development patterns, and
infrastructure that support effective transit service; and emphasizes
the partnerships and coordinated planning needed to ensure that all
agencies are working efficiently toward a common transportation vision.
As a result of the work done by community transit to date, in
contemplation of the creation of the congestion reduction and
connectivity plan required by this act, and due to community transit's
commitment to comply with the recommendations and requirements of the
congestion reduction and connectivity plan, it is the intent of the
legislature that community transit also be provided the opportunity to
impose a temporary congestion reduction charge, which is separate and
distinct from the base motor vehicle license fee, that can help address
its revenue shortfalls during this economic crisis and allow it to
continue reducing congestion and the corresponding burdens placed on
the highway system on some of the state's most crowded corridors.
NEW SECTION. Sec. 2 A new section is added to chapter 82.80 RCW
to read as follows:
(1)(a) Except as provided in subsection (2) of this section, the
governing body of a county that has assumed the rights, powers,
functions, and obligations of a metropolitan municipal corporation
under chapter 36.56 RCW and is operating a public transportation system
and the governing body of a public transportation benefit area located
in a county with a population of more than six hundred thousand but
fewer than seven hundred fifty thousand may impose, if approved by a
majority of the voters within that county or a two-thirds majority of
the governing body, an annual congestion reduction charge of up to
twenty dollars per vehicle registered in the boundaries of the county
for each vehicle subject to vehicle license fees under RCW 46.17.350(1)
(a), (c), (d), (e), (g), (h), (j), (n), (o), (p), or (q) and for each
vehicle subject to gross weight license fees under RCW 46.17.355 with
an unladen weight of six thousand pounds or less.
(b) Prior to the imposition of a congestion reduction charge
authorized under (a) of this subsection, a governing body must complete
a congestion reduction plan indicating the proposed expenditures of the
proceeds of the congestion reduction charge.
(c) If a governing body that imposes a congestion reduction charge
authorized under (a) of this subsection completed a regional transit
task force evaluating system improvements and efficiencies within two
years prior to the imposition of the charge, the proceeds from the
charge must be expended in a manner consistent with the recommendations
of the regional transit task force.
(d) If a governing body that imposes a congestion reduction charge
authorized under (a) of this subsection did not complete a regional
transit task force, prior to collecting the congestion reduction charge
the governing body must:
(i) Complete a congestion reduction and connectivity plan designed
to reduce congestion on major transportation corridors and better
connect the public transportation benefit area, state ferry terminals,
and any other transit agencies located in the same county;
(ii) Ensure that the congestion reduction and connectivity plan is
consistent with the public transportation benefit area's existing
transit development plan and long-range transit plan;
(iii) Consult with the Washington state ferries, affected ferry
riders, and any other transit agencies in the same county on the
development of the congestion reduction and connectivity plan; and
(iv) Convene a regional transit task force composed of citizens,
elected officials, and community leaders to advise on the creation of
the congestion reduction and connectivity plan.
(e) A governing body required to complete a congestion reduction
and connectivity plan pursuant to (d) of this subsection may not expend
any of the revenue generated by the congestion reduction charge imposed
under (a) of this subsection until after the congestion reduction and
connectivity plan is completed and approved by the governing body and
the director of the public transportation division of the Washington
state department of transportation.
(f) A governing body required to complete a congestion reduction
and connectivity plan pursuant to (d) of this subsection must expend at
least ten percent of the revenue generated by the congestion reduction
charge imposed under (a) of this subsection to improve connectivity
between the public transportation benefit area, state ferry terminals,
and any other transit agencies located in the same county in a manner
consistent with the congestion reduction and connectivity plan.
(g) A governing body that imposes a congestion reduction charge
authorized under (a) of this subsection must complete a report by July
1, 2012, detailing the expenditures of the proceeds of the congestion
reduction charge through June 1, 2012.
(h) A governing body that imposes a congestion reduction charge
authorized under (a) of this subsection must complete a report by June
1, 2014, detailing the expenditures of the proceeds of the congestion
reduction charge.
(2) The governing body of a county that has assumed the rights,
powers, functions, and obligations of a metropolitan municipal
corporation under chapter 36.56 RCW and is operating a public
transportation system and the governing body of a public transportation
benefit area located in a county with a population of more than six
hundred thousand but fewer than seven hundred fifty thousand may not
impose a congestion reduction charge authorized under subsection (1)(a)
of this section for a passenger-only ferry transportation improvement,
unless the charge is first approved by a majority of the voters within
that county.
(3) The governing body of a county that has assumed the rights,
powers, functions, and obligations of a metropolitan municipal
corporation under chapter 36.56 RCW and is operating a public
transportation system and the governing body of a public transportation
benefit area located in a county with a population of more than six
hundred thousand but fewer than seven hundred fifty thousand shall
contract with the department of licensing as provided under section 3
of this act for the collection of the congestion reduction charge.
(4) A congestion reduction charge imposed under this section may
not be assessed until six months after approval.
(5) A congestion reduction charge imposed under this section
applies only for vehicle registration renewals and is effective upon
the registration renewal date as provided by the department of
licensing.
(6) The following vehicles are exempt from the congestion reduction
charge imposed under this section:
(a) Farm tractors or farm vehicles as defined in RCW 46.04.180 and
46.04.181;
(b) Off-road vehicles as defined in RCW 46.04.365;
(c) Nonhighway vehicles as defined in RCW 46.09.310;
(d) Vehicles registered under chapter 46.87 RCW and the
international registration plan; and
(e) Snowmobiles as defined in RCW 46.04.546.
(7) The authority to impose a congestion reduction charge
authorized in subsection (1)(a) of this section expires with vehicle
registrations that expire two years after the imposition of the charge
or no later than June 30, 2014, whichever comes first.
(8) A congestion reduction charge authorized under subsection
(1)(a) of this section may only be imposed after June 30, 2014, if
approved by a majority of the voters within a county that has assumed
the rights, powers, functions, and obligations of a metropolitan
municipal corporation under chapter 36.56 RCW and is operating a public
transportation system or a county with a population of more than six
hundred thousand but fewer than seven hundred fifty thousand.
(9) This section expires December 31, 2014.
NEW SECTION. Sec. 3 A new section is added to chapter 46.68 RCW
to read as follows:
Whenever the department enters into a contract with the governing
body of a county that has assumed the rights, powers, functions, and
obligations of a metropolitan municipal corporation under chapter 36.56
RCW and is operating a public transportation system and the governing
body of a public transportation benefit area located in a county with
a population of more than six hundred thousand but fewer than seven
hundred fifty thousand for the collection of congestion reduction
charges authorized under section 2 of this act:
(1) The contract must require that the governing body provide any
information specified by the department to identify the vehicle owners
who owe the congestion reduction charges, and must specify that it is
the responsibility of the governing body to ensure that the congestion
reduction charges are appropriately applied;
(2) The department is not responsible for the collection of
congestion reduction charges until a date agreed to by both parties as
specified in the contract;
(3) The department shall deduct a percentage amount as provided in
the contract, not to exceed three percent of the charges collected,
necessary to reimburse the department for the costs incurred for the
collection of the congestion reduction charges; and
(4) The department shall remit remaining proceeds to the custody of
the state treasurer. The state treasurer shall distribute the proceeds
to the governing body on a monthly basis.
NEW SECTION. Sec. 4 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."
Correct the title.
EFFECT: Adds public transportation benefit areas in counties with
a population of more than 600,000 and fewer than 750,000 to the
entities allowed to impose a congestion reduction charge.
Requires the governing body of a public transportation benefit area
in such counties to: (1) Complete a congestion reduction and
connectivity plan; (2) ensure that the congestion reduction and
connectivity plan is consistent with the public transportation benefit
area's existing transit development plan and long-range transit plan;
(3) convene a regional task force to advise on the creation of the
congestion reduction and connectivity plan; and (4) expend at least 10%
of the proceeds of the congestion reduction charge in a manner
consistent with the congestion reduction and connectivity plan.
Prevents the expenditure of the proceeds of the congestion
reduction charge until after the congestion reduction and connectivity
plan is completed and approved by the governing body of the public
transportation benefit area and the director of the public
transportation division of the Washington State Department of
Transportation.
Adds an emergency clause to require the act to take effect
immediately.