BILL REQ. #: H-4270.7
| State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/21/12.
AN ACT Relating to transportation funding and appropriations; amending RCW 43.19.642; amending 2011 c 367 ss 101, 103, 105, 106, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 407, 502, 503, 505, and 603 (uncodified); adding new sections to 2011 c 367 (uncodified); repealing 2011 1st sp.s. c 50 ss 718, 719, 720, and 721 (uncodified); making appropriations and authorizing expenditures for capital improvements; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 2011 c 367 s 101 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($430,000))
$415,000
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 2011 c 367 s 103 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,216,000))
$1,727,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($4,624,000))
$1,260,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($6,840,000))
$2,987,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The office of financial management, in consultation with the
transportation committees of the legislature, shall conduct a budget
evaluation study for the new traffic management center proposed by the
department of transportation. The study must consider data resulting
from the plan identified in section 604 of this act. The budget
evaluation study team approach using value engineering techniques must
be utilized by the office of financial management in conducting the
study. The office of financial management shall select the budget
evaluation study team members, contract for the study, and report the
results to the transportation committees of the legislature and the
department of transportation in a timely manner following the study.
Options reviewed must include use of existing facilities, including the
Wheeler building data center in Olympia. Funds allocated for the new
traffic management center must be used by the office of financial
management through an interagency agreement with the department of
transportation to cover the cost of the study.
(2) (($4,480,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for marine insurance. The
appropriation is intended to fully fund a two-year policy, and the
office of financial management shall increase the deductible to
$10,000,000 and reduce components of the policy in order to keep the
total cost of the two-year policy at or below the appropriation in this
subsection.)) $1,116,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for marine insurance. The amount in
this subsection as well as the amount in section 103(2) of this act is
intended to fully fund a two-year policy. For fiscal year 2012, the
office of financial management shall increase the deductible to ten
million dollars and reduce components of the policy in order to keep
the total cost of the two-year policy at or below the appropriation in
this subsection and section 103(2) of this act.
(5)
(3) $840,000 of the motor vehicle account--state appropriation is
provided out of funds set aside out of statewide fuel taxes distributed
to counties according to RCW 46.68.120(3) solely for the office of
financial management to contract with the Washington state association
of counties to identify, evaluate, and implement performance measures
associated with county transportation activities. The performance
measures must include, at a minimum, those related to safety, system
preservation, mobility, environmental protection, and project
completion. A report on the county transportation performance
implementation project must be provided to the transportation
committees of the legislature by December 31, 2012.
(((6))) (4) $169,000 of the motor vehicle account--state
appropriation is provided solely for the office of regulatory
assistance integrated permitting project.
(((7))) (5) $40,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the state's share of the
marine salary survey.
(((8))) (6) The office of financial management shall study the
available data regarding statewide transit, bicycle, and pedestrian
trips and recommend additional performance measures that will
effectively measure the state's performance in increasing transit
ridership and bicycle and pedestrian trips. The office of financial
management shall report its findings and recommendations to the
transportation committees of the legislature by November 15, 2011, and
integrate the new performance measures into the report prepared by the
office of financial management pursuant to RCW 47.04.280 regarding
progress towards achieving Washington state's transportation system
policy goals.
NEW SECTION. Sec. 103 A new section is added to 2011 c 367
(uncodified) to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $462,000
Puget Sound Ferry Operations Account--State
Appropriation . . . . . . . . . . . . $3,360,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,822,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $462,000 of the motor vehicle account--state appropriation is
provided solely for the transportation executive management system.
(2) $3,360,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for marine insurance. The amount in
this subsection as well as the amount in section 102(2) of this act is
intended to fully fund a two-year policy. For fiscal year 2013, the
department of enterprise services shall increase the deductible to ten
million dollars and reduce components of the policy in order to keep
the total cost of the two-year policy at or below the appropriation in
this subsection and section 102(2) of this act.
NEW SECTION. Sec. 104 A new section is added to 2011 c 367
(uncodified) to read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $75,000
The appropriation in this section is subject to the following
conditions and limitations: $75,000 of the Puget Sound ferry
operations account--state appropriation is provided solely for
implementing chapter 16, Laws of 2011 1st sp. sess. (Washington state
ferry system). $43,200 of the appropriation is provided solely for
closing out the marine employees' commission lease agreement in fiscal
year 2012, and the remainder of the appropriation is provided solely
for costs associated with marine employees' commission commissioner
payments and travel.
Sec. 105 2011 c 367 s 105 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,210,000))
$1,183,000
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) $686,000 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. 106 2011 c 367 s 106 (uncodified) is amended to read as
follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($513,000))
$492,000
Sec. 201 2011 c 367 s 201 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($3,003,000))
$2,982,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($42,625,000))
$42,502,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,340,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($49,018,000))
$48,874,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,673,900 of the highway safety account--federal appropriation
is provided solely for the conclusion of the target zero trooper pilot
program, which the commission has developed and implemented in
collaboration with the Washington state patrol. The pilot program must
continue to demonstrate the effectiveness of intense, high visibility,
driving under the influence enforcement in Washington. The commission
shall continue to apply to the national highway traffic safety
administration for federal highway safety grants to cover the cost of
the pilot program. State funding is provided in section 207 of this
act for the state patrol to continue the target zero trooper program in
fiscal year 2013.
(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 one
hundred ninety-five 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 pilot projects.
(b) In order to ensure adequate time in the 2011-2013 fiscal
biennium to evaluate the effectiveness of the pilot projects, any
projects authorized by the commission must be authorized by December
31, 2011.
(c) By January 1, 2013, 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 pilot projects.
(3) $460,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed Second
Substitute House Bill No. 1789), Laws of 2011 (addressing DUI
accountability). If chapter ... (Engrossed Second Substitute House
Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the
amount provided in this subsection lapses.
(4) The commission shall conduct a review of the literature on
potential safety benefits realized from drivers using their headlights
and windshield wipers simultaneously and shall report to the
transportation committees of the legislature by December 1, 2011.
(5) $22,000,000 of the highway safety account--federal
appropriation is provided solely for federal funds that may be
obligated to the commission pursuant to 23 U.S.C. Sec. 164 during the
2011-2013 fiscal biennium.
Sec. 202 2011 c 367 s 202 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($948,000))
$914,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,161,000))
$2,086,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($1,480,000))
$1,426,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,589,000))
$4,426,000
The appropriations in this section are subject to the following
conditions and limitations: The county road administration board shall
submit a report to the transportation committees of the legislature by
December 1, 2011, on the implementation of the recommendations that
resulted from the evaluation of efficiencies in the delivery of
transportation funding and services to local governments that was
required under section 204(8), chapter 247, Laws of 2010. The report
must include a description of how recommendations were implemented,
what efficiencies were achieved, and an explanation of any
recommendations that were not implemented.
Sec. 203 2011 c 367 s 203 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($3,707,000))
$3,621,000
The appropriation in this section is subject to the following
conditions and limitations: The transportation improvement board shall
submit a report to the transportation committees of the legislature by
December 1, 2011, on the implementation of the recommendations that
resulted from the evaluation of efficiencies in the delivery of
transportation funding and services to local governments that was
required under section 204(8), chapter 247, Laws of 2010. The report
must include a description of how recommendations were implemented,
what efficiencies were achieved, and an explanation of any
recommendations that were not implemented.
Sec. 204 2011 c 367 s 204 (uncodified) is amended to read as
follows:
FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,060,000))
$1,978,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $200,000 of the motor vehicle account--state appropriation is
for a study of Washington state ferries fares that recommends the most
appropriate fare media for use with the reservation system and the
implementation of demand management pricing and interoperability with
other payment methods. The study must include direct collaboration
with transportation commission members.
(((3))) (2) $200,000 of the motor vehicle account--state
appropriation is from the cities statewide fuel tax distributions under
RCW 46.68.110(2) for the joint transportation committee to study and
make recommendations on RCW 90.03.525. The study must include: (a) An
inventory of state highways subject to the federal clean water act (40
C.F.R. Parts 122 through 124) (national pollutant discharge elimination
system) that are within city boundaries; (b) a survey of cities that
impose storm water fees or charges to the department of transportation,
or otherwise manage storm water runoff from state highways within their
jurisdiction; (c) case studies from a representative cross-section of
cities on how the department and cities have used RCW 90.03.525; and
(d) recommendations on how to achieve efficiencies in the cost and
management of state highway storm water runoff within cities under RCW
90.03.525.
(((4))) (3) $425,000 of the motor vehicle account--state
appropriation is for the joint transportation committee to conduct a
study to evaluate the potential for financing state transportation
projects using public-private partnerships. The study must compare the
costs, advantages, and disadvantages of various forms of public-private
partnerships with conventional financing. Projects to be evaluated
include Interstate 405, state route number 509, state route number 167,
the Columbia River crossing, and the Monroe bypass. At a minimum, the
study must identify the public interest in the financing and
construction of transportation projects, the public interest in the
operation of transportation projects, and the provisions in public-private partnership agreements that best protect the public interest.
To the extent possible, the study must identify the lowest-cost and
best-value model for each project that best protects the public
interest. In addition, the study must evaluate whether public-private
partnerships serve the defined public interest including, but not
limited to, the advantage and disadvantage of risk allocation, the
effects of private versus public financing on the state's bonding
capacity, the state's ability to retain public ownership of the asset,
the process that would allow for the most transparency during the
negotiation of terms of a public-private partnership agreement, and the
state's ability to oversee the private entity's management of the
asset. The study must identify any barriers to the implementation of
funding models that best protect the public interest, including
statutory and constitutional barriers. The committee shall issue a
report of its evaluation to the house of representatives and senate
transportation committees by December 16, 2011.
(((5))) (4) $100,000 of the motor vehicle account--state
appropriation is for an investigation of the use of liquid natural gas
on existing Washington state ferry vessels as well as the 144-car class
vessels and report to the legislature by December 31, 2011.
Sec. 205 2011 c 367 s 205 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,142,000))
$2,866,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,254,000))
$2,978,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Consistent with RCW 43.135.055, 47.60.290, and 47.60.315,
during the 2011-2013 fiscal biennium, the legislature authorizes the
transportation commission to periodically review and, if necessary,
adjust the schedule of fares for the Washington state ferry system only
in amounts not greater than those sufficient to generate the amount of
revenue required by the biennial transportation budget. When adjusting
ferry fares, the commission must consider input from affected ferry
users by public hearing and by review with the affected ferry advisory
committees, in addition to the data gathered from the current ferry
user survey.
(2) Consistent with RCW 43.135.055 and 47.46.100, during the
2011-2013 fiscal biennium, the legislature authorizes the
transportation commission to periodically review and, if necessary,
adjust the schedule of toll charges applicable to the Tacoma Narrows
bridge only in amounts not greater than those sufficient to support (a)
any required costs for operating and maintaining the toll bridge,
including the cost of insurance, (b) any amount required by law to meet
the redemption of bonds and applicable interest payments, and (c)
repayment of the motor vehicle fund.
(((4))) (3) Consistent with its authority in RCW 47.56.840, the
transportation commission shall consider the need for a citizen
advisory group that provides oversight on new tolled facilities.
(4) $775,000 of the motor vehicle account--state appropriation is
provided solely to determine the feasibility of transitioning from the
gas tax to a road user assessment system of paying for transportation.
(a) The transportation commission, with direction from the steering
committee created in (b) of this subsection, must: Review relevant
reports and data related to models of road user assessments and methods
of transitioning to a road user assessment system; analyze the research
to identify issues for policy decisions in Washington; make
recommendations for the design of systemwide trials; develop a plan to
assess public perspectives and educate the public on the current
transportation funding system and options for a new system; and perform
other tasks as deemed necessary by the steering committee.
(b) The transportation commission must convene a steering committee
to provide direction to and guide the transportation commission's work.
Membership of the steering committee must include, but is not limited
to, members representing the following interests: The trucking
industry; business; cities and counties; public transportation;
environmental; user fee technology; auto and light truck manufacturers;
and the motoring public. In addition, a member from each of the two
largest caucuses of the senate, appointed by the president of the
senate, and a member from each of the two largest caucuses of the house
of representatives, appointed by the speaker of the house of
representatives, must serve on the steering committee.
(c) The transportation commission must update the governor and the
legislature on this work by January 1, 2013. In addition, this update
must include a plan and budget request for work to be completed during
the 2013-2015 fiscal biennium.
(5) Within the amounts provided pursuant to section 305(17)(c) of
this act, the commission shall retain appropriate independent experts
and conduct an investment-grade traffic and revenue analysis for the
Columbia river crossing project, including origin and destination and
stated preferences studies.
(a) The commission's analysis must include the assessment and
review of the following variables within the project:
(i) Exemptions from tolls for vehicles with two, three, or more
occupants;
(ii) A variable toll where the tolls vary by time of day and day of
the week; and
(iii) A toll of one dollar per day for individuals who use the
bridge ten times or more in a seven day time period.
(b) The analysis must also assess the following:
(i) The impact light rail service in the corridor will have on
estimated toll revenues;
(ii) The level of diversion from the Interstate 5 corridor and the
impact on estimated toll revenues; and
(iii) The estimated toll revenues from vehicle trips originating
within the region, within the two states, and outside the two states,
by vehicle type.
(c) The commission must submit its final report of findings and
recommendations to the transportation committees of the legislature on
or before July 1, 2014.
Sec. 206 2011 c 367 s 206 (uncodified) is amended to read as
follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($702,000))
$680,000
The appropriation in this section is subject to the following
conditions and limitations: The freight mobility strategic investment
board shall submit a report to the transportation committees of the
legislature by December 1, 2011, on the implementation of the
recommendations that resulted from the evaluation of efficiencies in
the delivery of transportation funding and services to local
governments that was required under section 204(8), chapter 247, Laws
of 2010. The report must include a description of how recommendations
were implemented, what efficiencies were achieved, and an explanation
of any recommendations that were not implemented.
Sec. 207 2011 c 367 s 207 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
((Vehicle Licensing Fraud Account--State Appropriation . . . . . . . . . . . . $100,000))
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . (($349,812,000))
$355,048,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $6,432,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $10,903,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . (($3,369,000))
$3,494,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($364,184,000))
$375,877,000
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
must 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. 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 is no longer part of the Washington state patrol cost
allocation system as of July 1, 2009.
(2) The Washington state patrol shall continue to collaborate with
the Washington traffic safety commission on the target zero trooper
pilot program referenced in section 201(1) of this act.
(3) $370,000 of the state patrol highway account--state
appropriation is provided solely for costs associated with the pilot
program described under section 216(5) 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.
(4) (($12,655,000)) $12,178,000 of the total appropriation is
provided solely for automobile fuel in the 2011-2013 fiscal biennium.
The Washington state patrol shall analyze their fuel consumption and
submit a report to the legislative transportation committees by
December 31, 2011, on fuel conservation methods that could be used to
minimize costs and ensure that the Washington state patrol is managing
fuel consumption effectively.
(5) (($7,421,000)) $7,672,000 of the total appropriation is
provided solely for the purchase of pursuit vehicles.
(6) (($6,611,000)) $6,695,000 of the total appropriation is
provided solely for vehicle repair and maintenance costs of vehicles
used for highway purposes.
(7) (($1,724,000)) $1,865,000 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.
(8) $1,200,000 of the total appropriation is provided solely for
outfitting officers. The Washington state patrol shall prepare a cost-benefit analysis of the standard trooper uniform as compared to a
battle dress uniform and uniforms used by other states and
jurisdictions. The Washington state patrol shall report the results of
the analysis to the transportation committees of the legislature by
December 1, 2011.
(9) The Washington state 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.
(10) During the 2011-2013 fiscal biennium, the Washington state
patrol shall continue to perform traffic accident investigations on
Thurston county roads, and shall work with Thurston county to
transition the traffic accident investigations on Thurston county roads
to Thurston county by July 1, 2013.
(11) (($100,000 of the vehicle licensing fraud account--state
appropriation is provided solely to support the transportation portion
of the vehicle license fraud program during the 2011-2013 fiscal
biennium.)) $2,187,000 of the state patrol highway account--state
appropriation is provided solely for mobile office platforms.
(12) $1,500,000 of the state patrol highway account--state
appropriation is provided solely for the auto theft investigation units
in King county, the city of Spokane, and the city of Tacoma. If
chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012
is not enacted by June 30, 2012, the amount provided in this subsection
lapses.
(13) $3,500,000 of the highway safety account--state appropriation
is provided solely for equipment acquisition, installation,
integration, and financing needs associated with the conversion of the
existing communication system to narrowbanding as required by the
federal communications commission. If chapter ... (Engrossed
Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June
30, 2012, the amount provided in this subsection lapses.
(14) $900,000 of the highway safety account--state appropriation is
provided solely for: The cadet detachment used to manage traffic and
augment security at the Seattle ferry terminals; contracts for
additional traffic control personnel for the Edmonds and Seattle ferry
terminals; and K-9 explosives dogs. If chapter ... (Engrossed
Substitute Senate Bill No. 6455), Laws of 2012 is not enacted by June
30, 2012, the amount provided in this subsection lapses.
(15) $3,500,000 of the state patrol highway account--state
appropriation and $1,600,000 of the highway safety account--state
appropriation are provided solely for the ongoing operations of the
Washington state patrol. If chapter ... (Engrossed Substitute Senate
Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the
amount provided in this subsection lapses.
(16) $432,000 of the highway safety account--state appropriation is
provided solely for implementation of chapter . . . (Second Substitute
House Bill No. 2443), Laws of 2012 (persons who drive impaired). If
chapter . . . (Second Substitute House Bill No. 2443), Laws of 2012 is
not enacted by June 30, 2012, the amount provided in this subsection
lapses.
Sec. 208 2011 c 367 s 208 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
License Plate Technology Account--State
Appropriation . . . . . . . . . . . . $1,250,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . (($4,411,000))
$4,365,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($859,000))
$825,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($149,904,000))
$146,889,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($2,884,000))
$4,299,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $200,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($78,586,000))
$76,034,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($1,721,000))
$1,714,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($242,000))
$380,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . (($5,815,000))
$6,095,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . (($1,315,000))
$2,027,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($245,769,000))
$244,110,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($62,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed
Substitute Senate Bill No. 5251), Laws of 2011 (electric vehicle fee).
If chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of
2011 is not enacted by June 30, 2011, the amount provided in this
subsection lapses.)) $231,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter ... (Substitute
Senate Bill No. 5800), Laws of 2011 (off-road motorcycles). If chapter
... (Substitute Senate Bill No. 5800), Laws of 2011 is not enacted by
June 30, 2011, the amount provided in this subsection lapses.
(2)
(((3))) (2) $193,000 of the department of licensing services
account--state appropriation is provided solely for a phased
implementation of chapter ... (Substitute House Bill No. 1046), Laws of
2011 (vehicle and vessel quick titles). Funding is contingent upon
revenues associated with the vehicle and vessel quick title program
paying all direct and indirect expenditures associated with the
department's implementation of this subsection. If chapter ...
(Substitute House Bill No. 1046), Laws of 2011 is not enacted by June
30, 2011, the amount provided in this subsection lapses.
(((4) 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 applicants are provided the opportunity to
opt out of participating in the program, which meets the requirement of
RCW 46.20.037 that such a program be voluntary. 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.)) (3) The department may seek federal funds to
implement a facial recognition matching system for drivers' licenses,
permits, and identicards, consistent with Substitute House Bill No.
2433 (facial recognition matching system).
(5) $1,938,000
(4) $4,299,000 of the highway safety account--federal appropriation
is for federal funds that may be received during the 2011-2013 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.
(((6))) (5) By December 31, 2011, the department shall submit to
the office of financial management and the transportation committees of
the legislature draft legislation that rewrites the tow truck statutes
(chapter 46.55 RCW) in plain language and is revenue and policy
neutral.
(((7))) (6) $128,000 of the highway safety account--state
appropriation is provided solely for the implementation of chapter ...
(Engrossed Substitute House Bill No. 1635), Laws of 2011 (driver's
license exams). If chapter ... (Engrossed Substitute House Bill No.
1635), Laws of 2011 is not enacted by June 30, 2011, the amount
provided in this subsection lapses.
(((8))) (7) $68,000 of the highway safety account--state
appropriation is provided solely for the implementation of chapter ...
(Engrossed Second Substitute House Bill No. 1789), Laws of 2011
(((driving under the influence))) (addressing DUI accountability). If
chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of
2011 is not enacted by June 30, 2011, the amount provided in this
subsection lapses.
(((9))) (8) $63,000 of the highway safety account--state
appropriation is provided solely for the implementation of chapter ...
(Substitute House Bill No. 1237), Laws of 2011 (selective service
system). If chapter ... (Substitute House Bill No. 1237), Laws of 2011
is not enacted by June 30, 2011, the amount provided in this subsection
lapses.
(((10))) (9) $340,000 of the motor vehicle account--private/local
appropriation is provided solely for the implementation of chapter ...
(Engrossed Substitute Senate Bill No. 5457), Laws of 2011 (congestion
reduction charge). If chapter ... (Engrossed Substitute Senate Bill
No. 5457), Laws of 2011 is not enacted by June 30, 2011, the amount
provided in this subsection lapses.
(((12))) (10) $1,738,000 of the department of licensing services
account--state appropriation is provided solely for purchasing
equipment for field licensing service offices and subagent offices.
(11) $176,000 of the highway safety account--state appropriation is
provided solely for the implementation of Substitute House Bill No.
2234 (notifying employers of commercial driver's license suspension).
If Substitute House Bill No. 2234 is not enacted by June 30, 2012, the
amount provided in this subsection lapses.
(12) $34,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of Substitute House Bill No.
2299 (4-H special license plates). If Substitute House Bill No. 2299
is not enacted by June 30, 2012, the amount provided in this subsection
lapses.
(13) $69,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of Substitute House Bill No.
2312 (military service award emblems). If Substitute House Bill No.
2312 is not enacted by June 30, 2012, the amount provided in this
subsection lapses.
(14) $275,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of Substitute House Bill No.
2751 (local option transportation revenue). If Substitute House Bill
No. 2751 is not enacted by June 30, 2012, the amount provided in this
subsection lapses.
(15) $712,000 of the ignition interlock device revolving account--state appropriation is provided solely for the implementation of Second
Substitute House Bill No. 2443 (DUI accountability). If Second
Substitute House Bill No. 2443 is not enacted by June 30, 2012, the
amount provided in this subsection lapses.
(16) $420,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed
Substitute Senate Bill No. 6150), Laws of 2012 and chapter ...
(Engrossed Substitute Senate Bill No. 6455), Laws of 2012. If chapter
... (Engrossed Substitute Senate Bill No. 6150), Laws of 2012 or
chapter ... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012
are not enacted by June 30, 2012, the amount provided in this
subsection lapses.
(17) Consistent with RCW 43.135.055 and 43.24.086, during the
2011-2013 fiscal biennium, the legislature authorizes the department to
adjust the business and vehicle fees for the for hire licensing program
in amounts sufficient to recover the costs of administering the for
hire licensing program.
Sec. 209 2011 c 367 s 209 (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 . . . . . . . . . . . . (($1,295,000))
$1,274,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($550,000))
$537,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . (($23,429,000))
$23,361,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $27,295,000
State Route Number 520 Civil Penalties
Account--State Appropriation . . . . . . . . . . . . (($4,622,000))
$3,622,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($57,191,000))
$56,089,000
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 toll revenue by facility on all
operating toll facilities and high occupancy toll lane systems, and an
itemized depiction of the use of that revenue.
(2) (($4,622,000)) $3,622,000 of the state route number 520 civil
penalties account--state appropriation and $1,458,000 of the Tacoma
Narrows toll bridge account--state appropriation are provided solely
for expenditures related to the toll adjudication process. All costs
associated with the toll adjudication process are anticipated to be
covered by revenue collected from the toll adjudication process. The
department shall report quarterly on the civil penalty process to the
office of financial management and the house of representatives and
senate transportation committees beginning September 30, 2011. The
reports must include a summary table for each toll facility that
includes: The number of notices of civil penalty issued; the number of
recipients who pay before the notice becomes a penalty; the number of
recipients who request a hearing and the number who do not respond;
workload costs related to hearings; the cost and effectiveness of debt
collection activities; and revenues generated from notices of civil
penalty.
(3) It is the intent of the legislature that transitioning to a
statewide tolling operations center and preparing for all-electronic
tolling on certain toll facilities will have no adverse revenue or
expenditure impact on the Tacoma Narrows toll bridge account. Any
increased costs related to this transition shall not be allocated to
the Tacoma Narrows toll bridge account. ((All costs associated with
the toll adjudication process are anticipated to be covered by revenue
collected from the toll adjudication process.))
(4) The department shall ensure that, at no cost to the Tacoma
Narrows toll bridge account, new electronic tolling tag readers are
installed on the Tacoma Narrows bridge as soon as practicable that are
able to read existing and new electronic tolling tags.
(5) $17,786,000 of the state route number 520 corridor account--state appropriation is provided solely for nonvendor costs associated
with tolling the state route number 520 bridge. Funds from the state
route number 520 corridor account--state appropriation shall not be
used to pay for items prohibited by Executive Order No. 1057, including
subscriptions to technical publications, employee educational expenses,
professional membership dues and fees, employee recognition and safety
awards, meeting meals and light refreshments, commute trip reduction
incentives, and employee travel.
Sec. 210 2011 c 367 s 210 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM
C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($69,107,000))
$67,327,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $1,460,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $1,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($72,390,000))
$70,610,000
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)) enterprise 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) $1,460,000 of the transportation partnership account--state
appropriation and $1,460,000 of the transportation 2003 account (nickel
account)--state appropriation are provided solely for maintaining the
department's project management reporting system.
(3) $210,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(((5))) (4) $502,000 of the motor vehicle account--state
appropriation is provided solely to provide support for the
transportation executive information system.
Sec. 211 2011 c 367 s 211 (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 . . . . . . . . . . . . (($25,851,000))
$25,440,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The department shall submit a predesign proposal for a new
traffic management center to the office of financial management
consistent with the process followed by nontransportation capital
construction projects. The department shall not award a contract for
construction of a new traffic management center until the predesign
proposal has been submitted and the office of financial management has
completed a budget evaluation study that indicates a new building is
the recommended option for accommodating additional traffic management
operations.
(2) $850,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
Sec. 212 2011 c 367 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($6,066,000))
$5,999,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,216,000))
$8,149,000
The appropriations in this section are subject to the following
conditions and limitations: $200,000 of the aeronautics account--state
appropriation is a reappropriation provided solely to complete runway
preservation projects.
Sec. 213 2011 c 367 s 213 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND
SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($47,418,000))
$45,725,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($500,000))
$1,796,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($48,168,000))
$47,771,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) ((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. 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.)) $3,754,000 of the motor vehicle account--state appropriation
is provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(2)
(((3))) (2) 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.
(((4))) (3) 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
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 an adjusted fair market value reflecting site conditions, the
proceeds of which must be deposited in the motor vehicle fund. The
department of transportation is not responsible for any costs
associated with the cleanup or transfer of this property. By July 1,
2011, 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.
(4) The legislature recognizes that the trail known as the Apple
Capital Loop, and its extensions, serve to separate motor vehicle
traffic from pedestrians and bicyclists, increasing motor vehicle
safety on existing state route number 28. Consistent with chapter
47.30 RCW and pursuant to RCW 47.12.080, the legislature declares that
transferring portions of WSDOT Inventory Control (IC) Nos. 2-09-04537
and 2-09-04569 to Douglas county and the city of East Wenatchee is
consistent with the public interest. The legislature directs the
department to transfer the property to Douglas county and the city of
East Wenatchee. The department must be paid fair market value for any
portions of the transferred real property that is later abandoned,
vacated, or ceases to be publicly maintained for trail purposes.
Douglas county and the city of East Wenatchee must agree to accept
responsibility for trail segments within their respective jurisdictions
and sign an agreement with the state that the transfer of these parcels
to their respective jurisdictions extinguishes any state obligations to
improve, maintain, or be in any way responsible for these assets. The
department shall report to the transportation committees of the
legislature by June 30, 2013, and annually thereafter, on the status of
the transfer until complete.
(5) If the department determines that all or 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.
Sec. 214 2011 c 367 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM
K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($622,000))
$826,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $110,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($732,000))
$936,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) $225,000 of the motor vehicle account--state appropriation
is provided solely to carry out work related to assessing the
operational feasibility of a road user assessment, including
technology, agency administration, multistate and federal standards,
and other necessary elements. This work must be carried out under the
guidance of the steering committee and in coordination with the
transportation commission's policy assessment and public outreach
planning authorized in section 205(4)(a) of this act.
(b) If subsequent appropriations are provided, the department may
conduct a limited scope pilot project to test the feasibility of a road
user assessment system to be applied to electric vehicles. The pilot
project must be carried out under the guidance of the steering
committee described under section 205(4)(a) of this act and in
coordination with the transportation commission.
(2) The department shall conduct a study on the potential to
generate revenue from off-premise outdoor advertising signs that are
erected or maintained adjacent and visible to the interstate system
highways, primary system highways, or scenic system highways. The
study must provide an evaluation of the market for outdoor advertising
signs, including an evaluation of the number of potential advertisers
and the amount charged by other jurisdictions for sign permits, and
must provide a recommendation for a revised fee structure that
recognizes the market value for off-premise signs and considers
charging differential fees based on the size, type, and location of the
sign.
Sec. 215 2011 c 367 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($380,327,000))
$373,209,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($387,327,000))
$384,209,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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 appropriation
into unallotted status. This exchange shall not affect the amount of
funding available for snow and ice removal.
(2) $7,000,000 of the motor vehicle account--state appropriation is
provided solely for third-party damages to the highway system where the
responsible party is known and reimbursement is anticipated. The
department shall request additional appropriation authority for any
funds received for reimbursements of third-party damages that are in
excess of this appropriation.
(3) $7,000,000 of the motor vehicle account--federal appropriation
is for unanticipated federal funds that may be received during the
2011-2013 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.
(4) The department may work with the department of corrections to
utilize corrections crews for the purposes of litter pickup on state
highways.
(5) $4,530,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(6) The department shall continue to report maintenance
accountability process (MAP) targets and achievements on an annual
basis. The department shall use available funding to target and
deliver a minimum MAP grade of C for the activity of roadway striping.
(7) $6,884,000 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. If
chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of 2011
(electric vehicle fee) is not enacted by June 30, 2011, $500,000 of the
appropriation provided in this subsection lapses.
(8) $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 state route number 520. The
department shall track the costs associated with these systems on a
corridor basis and report to the transportation committees of the
legislature on the costs and benefits of the systems by December 1,
((2011)) 2012.
(9) $4,000,000 of the highway safety account--state appropriation
is provided solely to further reduce the highway maintenance backlog in
order to maintain or increase levels of service. If chapter ...
(Engrossed Substitute Senate Bill No. 6150), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses.
Sec. 216 2011 c 367 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($50,166,000))
$48,741,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($127,000))
$250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($52,343,000))
$51,041,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $6,000,000 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) $145,000 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.
(3) During the 2011-2013 fiscal 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 of licensing 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, 2013, 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. If chapter ... (Substitute
Senate Bill No. 5836), Laws of 2011 is enacted by June 30, 2011, this
subsection is null and void.
(4) $9,000,000 of the motor vehicle account--state appropriation is
provided solely for the department's incident response program.
(5) The department, in consultation with the Washington state
patrol, must 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. The department must
report to the joint transportation committee by January 1, 2012, and
January 1, 2013, on the status of this pilot program. For the purpose
of this pilot program, during the 2011-2013 fiscal biennium, a roadway
construction zone includes areas where public employees or private
contractors may be present or 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 2011-2013 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, 46.16A.120, and 46.20.270(3). However, the amount of the
fine issued under this subsection (5) 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.
(6) The department shall track the costs associated with active
traffic management systems on a corridor basis and report to the
transportation committees of the legislature on the cost and benefits
of the systems by December 1, 2011.
Sec. 217 2011 c 367 s 217 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND
SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($28,430,000))
$27,335,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($29,433,000))
$28,338,000
The appropriations in this section are subject to the following
conditions and limitations: The department shall utilize existing
resources and customer service staff to develop and implement new
policies and procedures to ensure compliance with new federal passenger
vessel Americans with disabilities act requirements.
Sec. 218 2011 c 367 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA,
AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($23,394,000))
$22,055,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $21,885,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $662,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $3,559,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($49,600,000))
$48,261,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $70,000 of the motor vehicle account--state appropriation is a
reappropriation 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.
(2) $200,000 of the motor vehicle account--state appropriation is
provided solely for extending the freight database pilot project that
began in 2009. Global positioning system (GPS) data is intended to
help guide freight investment decisions and track highway project
effectiveness as it relates to freight traffic.
(3) Within available resources, the department must collaborate
with the affected metropolitan planning organizations, regional
transportation planning organizations, transit agencies, and private
transportation providers to develop a plan to reduce vehicle demand,
increase public transportation options, and reduce vehicle miles
traveled on corridors affected by growth at Joint Base Lewis-McChord.
(4) As part of their ongoing regional transportation planning, the
regional transportation planning organizations across the state shall
work together to provide a comprehensive framework for sources and uses
of next-stage investments in transportation needed to improve
structural conditions and ongoing operations and lay the groundwork for
the transportation systems to support the long-term economic vitality
of the state. This planning must include all forms of transportation
to reflect the state's interests, including: Highways, streets, and
roads; ferries; public transportation; systems for freight; and walking
and biking systems. The department shall support this planning by
providing information on potential state transportation uses and an
analysis of potential sources of revenue to implement investments. In
carrying out this planning, regional transportation planning
organizations must be broadly inclusive of business, civic, labor,
governmental, and environmental interests in regional communities
across the state.
Sec. 219 2011 c 367 s 219 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES--PROGRAM U
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($85,209,000))
$74,734,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($3,320,000))
$1,798,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($88,929,000))
$76,932,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The ((office of financial management)) department of enterprise
services must provide a detailed accounting of the revenues and
expenditures of the self-insurance fund to the transportation
committees of the legislature on December 31st and June 30th of each
year.
(2) Payments in this section represent charges from other state
agencies to the department of transportation.
(((a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT))
DIVISION OF RISK MANAGEMENT FEES . . . . . . . . . . . . $1,639,000
(b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE
STATE AUDITOR . . . . . . . . . . . . $937,000
(c) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
GENERAL ADMINISTRATION . . . . . . . . . . . . $6,060,000
(d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
PERSONNEL . . . . . . . . . . . . $6,347,000
(e) FOR PAYMENT OF SELF-INSURANCE LIABILITY
PREMIUMS AND ADMINISTRATION . . . . . . . . . . . . $44,418,000
(f) FOR ARCHIVES AND RECORDS MANAGEMENT . . . . . . . . . . . . $623,000
(g) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS
ENTERPRISES . . . . . . . . . . . . $1,008,000
(h) FOR USE OF FINANCIAL AND REPORTING SYSTEMS
PROVIDED BY THE OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . $1,143,000
(i) FOR POLICY AND SYSTEM ASSISTANCE FROM THE
DEPARTMENT OF INFORMATION SERVICES . . . . . . . . . . . . $1,980,000
(j) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE . . . . . . . . . . . . $8,526,000
(k) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE FOR THE SECOND PHASE OF THE BOLDT
LITIGATION . . . . . . . . . . . . $672,000
(a) TO THE SECRETARY OF STATE--ARCHIVES AND
RECORDS MANAGEMENT . . . . . . . . . . . . $512,000
(b) TO THE OFFICE OF THE STATE AUDITOR--AUDITOR
SERVICES . . . . . . . . . . . . $488,000
(c) TO THE OFFICE OF THE ATTORNEY
GENERAL--ATTORNEY GENERAL SERVICES . . . . . . . . . . . . $7,127,000
(d) TO THE OFFICE OF FINANCIAL MANAGEMENT--LABOR
RELATIONS SERVICES . . . . . . . . . . . . $266,000
(e) TO THE OFFICE OF FINANCIAL
MANAGEMENT--OFFICE OF CHIEF INFORMATION OFFICER . . . . . . . . . . . . $473,000
(f) TO THE OFFICE OF MINORITY AND WOMEN'S
BUSINESS ENTERPRISES . . . . . . . . . . . . $840,000
(g) TO CONSOLIDATED TECHNICAL SERVICES . . . . . . . . . . . . $182,000
(h) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--HUMAN RESOURCE MANAGEMENT SYSTEM . . . . . . . . . . . . $3,495,000
(i) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PRODUCTION SUPPORT . . . . . . . . . . . . $974,000
(j) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--REAL ESTATE SERVICES . . . . . . . . . . . . $108,000
(k) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PUBLICATIONS AND HISTORICAL SERVICES . . . . . . . . . . . . $691,000
(l) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAMPUS RENT . . . . . . . . . . . . $3,293,000
(m) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAPITAL PROJECT SURCHARGE . . . . . . . . . . . . $879,000
(n) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PERSONAL SERVICE CONTRACTS . . . . . . . . . . . . $100,000
(o) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--SECURE FILE TRANSFER SERVICES . . . . . . . . . . . . $39,000
(p) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--ACCESS SERVICES . . . . . . . . . . . . $179,000
(q) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--RISK MANAGEMENT SERVICES . . . . . . . . . . . . $1,290,000
(r) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--INFORMATION TECHNOLOGY SERVICES . . . . . . . . . . . . $1,557,000
Sec. 220 2011 c 367 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM
V
State Vehicle Parking Account--State Appropriation . . . . . . . . . . . . $452,000
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $48,942,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($41,706,000))
$51,857,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,582,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,027,000
Rural Mobility Grant Program Account--State
Appropriation . . . . . . . . . . . . $17,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($111,709,000))
$121,860,000
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 must 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
must be prorated based on the amount expended for demand response
service and route deviated service in calendar year 2009 as reported in
the "Summary of Public Transportation - 2009" published by the
department of transportation. No transit agency may receive more than
thirty percent of these distributions.
(2) $395,000 of the multimodal transportation account--state
appropriation is provided solely for administration costs of the
regional and rural mobility grant programs.
(3) Funds are provided for the rural mobility grant program as
follows:
(a) $8,500,000 of the rural mobility grant program 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 - 2009" 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. If the funding
provided in this subsection (((2))) (3)(a) exceeds the amount required
for recipient counties to reach eighty percent of the average per
capita sales tax, funds in excess of that amount may be used for the
competitive grant process established in (b) of this subsection.
(b) $8,500,000 of the rural mobility grant program 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))) (4)(a) $6,000,000 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.
(b) At least $1,600,000 of the amount provided in this subsection
must be used for vanpool grants in congested corridors.
(c) $520,000 of the amount provided in this subsection is provided
solely for the purchase of additional vans for use by vanpools serving
soldiers and civilian employees at Joint Base Lewis-McChord.
(((4))) (5) $8,942,000 of the regional mobility grant program
account--state appropriation is reappropriated and provided solely for
the regional mobility grant projects identified in LEAP Transportation
Document 2007-B, as developed April 20, 2007, or LEAP Transportation
Document 2009-B, as developed April 24, 2009. 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 must
be used only to fund projects identified in: LEAP Transportation
Document 2007-B, as developed April 20, 2007; LEAP Transportation
Document 2009-B, as developed April 24, 2009; or LEAP Transportation
Document 2011-B, as developed April 19, 2011. 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 and that
all funds in the regional mobility grant program be used as soon as
practicable to advance eligible projects.
(((5))) (6)(a) $40,000,000 of the regional mobility grant program
account--state appropriation is provided solely for the regional
mobility grant projects identified in LEAP Transportation Document
2011-B, as developed April 19, 2011. 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 must be used only
to fund projects identified in LEAP Transportation Document 2011-B, as
developed April 19, 2011. The department shall provide annual status
reports on December 15, 2011, and December 15, 2012, 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.
(b) In order to be eligible to receive a grant under (a) of this
subsection during the 2011-2013 fiscal biennium, a transit agency must
establish a process for private transportation providers to apply for
the use of park and ride facilities. For purposes of this subsection,
(i) "private transportation provider" means: An auto transportation
company regulated under chapter 81.68 RCW; a passenger charter carrier
regulated under chapter 81.70 RCW, except marked or unmarked stretch
limousines and stretch sport utility vehicles as defined under
department of licensing rules; a private nonprofit transportation
provider regulated under chapter 81.66 RCW; or a private employer
transportation service provider; and (ii) "private employer
transportation service" means regularly scheduled, fixed-route
transportation service that is offered by an employer for the benefit
of its employees.
(((6))) (7) $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.
(((7))) (8) $200,000 of the multimodal transportation account--state appropriation is contingent on the timely development of an
annual report summarizing the status of public transportation systems
as identified under RCW 35.58.2796.
(((8))) (9) Funds provided for the commute trip reduction program
may also be used for the growth and transportation efficiency center
program.
(((9))) (10) 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 2011-2013 fiscal biennium.
(11) $10,000,000 of the multimodal transportation account--state
appropriation is provided solely for a grant program for transit
authorities. The funding provided in this subsection must be
distributed statewide to transit authorities according to the
distribution formula in (a) of this subsection. Funding must be used
for operations.
(a) Of the amounts provided in this subsection:
(i) One-third must be distributed based on vehicle miles of service
provided;
(ii) One-third must be distributed based on the number of vehicle
hours of service provided; and
(iii) One-third must be distributed based on the number of
passenger trips.
(b) For the purposes of this subsection:
(i) "Transit authorities" has the same meaning as in RCW
9.91.025(2).
(ii) "Vehicle miles of service," "vehicle hours of service," and
"passenger trips" are transit service metrics as reported by the public
transportation program of the department of transportation in the
annual report required in RCW 35.58.2796 for calendar year 2010.
(c) If chapter ... (Engrossed Substitute Senate Bill No. 6455),
Laws of 2012 is not enacted by June 30, 2012, the amount provided in
this subsection lapses.
Sec. 221 2011 c 367 s 221 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($467,773,000))
$475,654,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) 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 2011-2013
supplemental and 2013-2015 omnibus transportation appropriations act
requests, as determined jointly by the office of financial management,
the Washington state ferries, and the transportation committees of the
legislature. This level of detail must include the administrative
functions in the operating as well as capital programs.
(2) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(((5))) (3) Until a reservation system is operational on the San
Juan islands inner-island route, the department shall provide the same
priority loading benefits on the San Juan islands inner-island route to
home health care workers as are currently provided to patients
traveling for purposes of receiving medical treatment.
(((6))) (4) The department shall request from the United States
coast guard variable minimum staffing levels on all of its vessels by
December 31, 2011.
(((10))) (5) The department shall continue to provide service to
Sidney, British Columbia and shall explore the option of purchasing a
foreign built vehicle and passenger ferry vessel either with safety of
life at sea (SOLAS) certification or the ability to be retrofitted for
SOLAS certification to operate solely on the Anacortes to Sidney,
British Columbia route currently served by vessels of the Washington
state ferries fleet. The vessel should have the capability of carrying
at least one hundred standard vehicles and approximately four hundred
to five hundred passengers. Further, the department shall explore the
possibilities of contracting a commercial company to operate the vessel
exclusively on this route so long as the contractor's employees
assigned to the vessel are represented by the same employee
organizations as the Washington state ferries. The department shall
report back to the transportation committees of the legislature
regarding: The availability of a vessel; the cost of the vessel,
including transport to the Puget Sound region; and the need for any
statutory changes for the operation of the Sydney, British Columbia
service by a private company.
(((11))) (6) For the 2011-2013 fiscal biennium, the department of
transportation may enter into a distributor controlled fuel hedging
program and other methods of hedging approved by the fuel hedging
committee.
(((12) The department shall target service reductions totaling
$4,000,000, such that the shortening of shoulder seasons and
eliminations of off-peak runs on all routes are considered. Prior to
implementing the reductions, the department shall consult with ferry
employees and ferry advisory committees to determine which reductions
would impact the fewest number of riders. The reductions must be
identified and implementation must begin no later than the fall 2011
schedule.)) (7) $136,648,000 of the Puget Sound ferry
operations account--state appropriation is provided solely for auto
ferry vessel operating fuel in the 2011-2013 fiscal biennium. The
amount provided in this appropriation represents the fuel budget for
purposes of calculating any ferry fare fuel surcharge.
(13) $135,248,000
(((14))) (8) $8,000,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for the purchase of
fuel for marine operations. If chapter ... (Engrossed Substitute
Senate Bill No. 6150), Laws of 2012 is not enacted by June 30, 2012,
the amount provided in this subsection lapses.
(9) $150,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the department to increase
recreation and tourist ridership by entering into agreements for
marketing and outreach strategies with local economic development
agencies. The department shall identify the number of tourist and
recreation riders on the applicable ferry routes both before and after
implementation of marketing and outreach strategies developed through
the agreements. The department shall report results of the marketing
and outreach strategies to the transportation committees of the
legislature by October 15, 2012.
(((15))) (10) The Washington state ferries shall participate in the
facilities plan included in section 604 of this act and shall include
an investigation and identification of less costly relocation options
for the Seattle headquarters office. The department shall include
relocation options for the Washington state ferries Seattle
headquarters office in the facilities plan. Until September 1, 2012,
the department may not enter into a lease renewal for the Seattle
headquarters office.
(((16))) (11) The department, office of financial management, and
transportation committees of the legislature shall make recommendations
regarding an appropriate budget structure for the Washington state
ferries. The recommendation may include a potential restructuring of
the Washington state ferries budget. The recommendation must
facilitate transparency in reporting and budgeting as well as provide
the opportunity to link revenue sources with expenditures. Findings
and recommendations must be reported to the office of financial
management and the joint transportation committee by September 1, 2011.
(((17))) (12) Two Kwa-di-tabil class ferry vessels must be placed
on the Port Townsend/Coupeville (Keystone) route to provide service at
the same levels provided when the steel electric vessels were in
service. After the vessels as funded under section 308(((7))) (6) of
this act are in service, the two most appropriate of these vessels for
the Port Townsend/Coupeville (Keystone) route must be placed on the
route. $100,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the additional staffing required
to maintain a reservation system at this route when the second vessel
is in service.
(((19))) (13) $706,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for terminal operations
to implement new federal passenger vessel Americans with disabilities
act requirements.
(((20))) (14) $152,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for the department's
compliance with its national pollution discharge elimination system
permit.
(((21) If chapter ... (Substitute House Bill No. 2053), Laws of
2011 (additive transportation funding) is not enacted by June 30, 2011,
the $4,000,000 in service reductions identified in subsection (12) of
this section must be restored and an identical amount must be reduced
from the amount provided for the second 144-car vessel identified in
section 308(8) of this act.))
Sec. 222 2011 c 367 s 222 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($29,688,000))
$33,339,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . (($300,000))
$400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($29,988,000))
$33,739,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($24,091,000)) $27,816,000 of the multimodal transportation
account--state appropriation is provided solely for the Amtrak service
contract and Talgo maintenance contract associated with providing and
maintaining state-supported passenger rail service. The department is
directed to continue to pursue efforts to reduce costs, increase
ridership, and review fares or fare schedules. Within thirty days of
each annual cost/revenue reconciliation under the Amtrak service
contract, the department shall report annual credits to the office of
financial management and the legislative transportation committees.
Annual credits from Amtrak to the department including, but not limited
to, credits for increased revenue due to higher ridership, and fare or
fare schedule adjustments, must be used to offset corresponding amounts
of the multimodal transportation account--state appropriation, which
must be placed in reserve. Upon completion of the rail platform
project in the city of Stanwood, the department shall continue to
provide daily Amtrak Cascades service to the city.
(2) Amtrak Cascade runs may not be eliminated.
(3) The department shall plan for a third roundtrip Cascades train
between Seattle and Vancouver, B.C.
(4) The department shall conduct a pilot program by partnering with
the travel industry on the Amtrak Cascades service between Vancouver,
British Columbia, and Seattle to test opportunities for increasing
ridership, maximizing farebox recovery, and stimulating private
investment. The pilot program must run from July 1, 2011, to June 30,
2012. The department shall report on the results of the pilot program
to the office of financial management and the legislature by September
30, 2012.
Sec. 223 2011 c 367 s 223 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,853,000))
$8,605,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,420,000))
$11,172,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $100,000 of the motor vehicle account--state appropriation is
provided solely for an additional staff person for the freight mobility
strategic investment board.
(2) The department shall submit a report to the transportation
committees of the legislature by December 1, 2011, on the
implementation of the recommendations that resulted from the evaluation
of efficiencies in the delivery of transportation funding and services
to local governments that was required under section 204(8), chapter
247, Laws of 2010. The report must include a description of how
recommendations were implemented, what efficiencies were achieved, and
an explanation of any recommendations that were not implemented.
Sec. 301 2011 c 367 s 301 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . (($6,487,000))
$2,875,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) (($653,000)) $1,357,000 of the state patrol highway account--state appropriation is provided solely for the following minor works
projects: $200,000 for emergency infrastructure repairs; $75,000 for
water and sewer upgrades; $210,000 for emergency backup system
replacement; $85,000 for chiller replacement; ((and)) $83,000 for roof
replacements; $128,000 for septic system repairs; and $576,000 for HVAC
replacements and energy upgrades.
(2) (($3,226,000)) $1,097,000 of the state patrol highway account--state appropriation is provided solely for the Shelton academy of the
Washington state patrol for the new waste water treatment lines, waste
water plants, reclaimed water lines, and water systems. ((However,
$2,129,000 of this amount is contingent on the department of
corrections receiving funding for its portion of the regional water
project in the 2011-2013 omnibus capital appropriations act. If this
funding is not provided by June 30, 2011, $2,129,000 of the
appropriation provided in this subsection lapses.))
(3) $421,000 of the state patrol highway account--state
appropriation is provided solely for the reappropriation of the Shelton
regional water project.
(4) (($2,187,000 of the total appropriation is provided solely for
mobile office platforms.)) It is the intent of the legislature that the omnibus
operating appropriations act provide funding for the portion of any
applicable debt service payments, resulting from financial contracts
identified under section 601 of this act, that are attributable to the
general fund as identified in the Washington state patrol's cost
allocation model.
(5)
Sec. 302 2011 c 367 s 302 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $874,000
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($37,417,000))
$62,510,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $29,360,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($67,651,000))
$96,744,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $874,000 of the motor vehicle account--state appropriation may
be used for county ferry projects as developed pursuant to RCW
47.56.725(4).
(2) (($37,417,000)) $62,510,000 of the rural arterial trust
account--state appropriation is provided solely for county road
preservation grant projects as approved by the county road
administration board. These funds may be used to assist counties
recovering from federally declared emergencies by providing
capitalization advances and local match for federal emergency funding,
and may only be made using existing fund balances. It is the intent of
the legislature that the rural arterial trust account be managed based
on cash flow. The county road administration board shall specifically
identify any of the selected projects and shall include information
concerning the selected projects in its next annual report to the
legislature.
(3) $4,000,000 of the highway safety account--state appropriation
is provided solely for the county arterial preservation program to help
counties meet urgent preservation needs. If chapter ... (Engrossed
Substitute Senate Bill No. 6150), Laws of 2012 is not enacted by June
30, 2012, the amount provided in this subsection lapses.
Sec. 303 2011 c 367 s 303 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . (($3,812,000))
$5,270,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($201,050,000))
$237,545,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($204,862,000))
$246,815,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The transportation improvement account--state appropriation
includes up to $22,143,000 in proceeds from the sale of bonds
authorized in RCW 47.26.500.
(2) $4,000,000 of the highway safety account--state appropriation
is provided solely to help cities meet urgent preservation and storm
water needs.
(a) $3,600,000 of the amount provided in this subsection is
provided solely for the urban arterial program.
(b) $400,000 of the amount provided in this subsection is provided
solely for the small city pavement program.
(c) If chapter ... (Engrossed Substitute Senate Bill No. 6150),
Laws of 2012 is not enacted by June 30, 2012, the amount provided in
this subsection lapses.
Sec. 304 2011 c 367 s 304 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D -- (DEPARTMENT OF
TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($5,433,000))
$5,545,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $1,364,000 of the motor vehicle account--state appropriation is
provided solely for the Olympic region site acquisition debt service
payments and administrative costs associated with capital improvement
and preservation project and financial management.
(2) (($3,669,000)) $3,781,000 of the motor vehicle account--state
appropriation is provided solely for high priority safety projects that
are directly linked to employee safety, environmental risk, or minor
works that prevent facility deterioration.
(3) $400,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
Sec. 305 2011 c 367 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
((Multimodal Transportation Account--State))
Appropriation . . . . . . . . . . . . $1,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($1,991,547,000))
$1,621,875,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($86,139,000))
$111,459,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($450,691,000))
$849,944,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($50,485,000))
$129,115,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($436,005,000))
$416,125,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($1,019,460,000))
$1,779,000,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $124,000
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . $5,791,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,034,328,000))
$4,913,433,000
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 2011-1 as developed April 19,
2011, Program - Highway Improvement Program (I))) LEAP Transportation
Document 2012-1 as developed February 16, 2012, 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) ((The department shall, on a quarterly basis beginning July 1,
2011, 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 must be
reported on a programmatic basis. Projects within this programmatic
level funding must be completed on a priority basis and scoped to be
completed within the current programmatic budget. Report formatting
and elements must be consistent with the October 2009 quarterly project
report. The department shall also provide the information required
under this subsection on a quarterly basis.)) 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.
(3)
(((4))) (3) The department shall apply for surface transportation
program 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 state route number 518, state route
number 520, Columbia river crossing, and Alaskan Way viaduct projects.
(((5))) (4) 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 October 1,
2011.
(((7))) (5) 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.
(((8))) (6) 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.
(((9) $361,000)) (7) $561,000 of the transportation partnership
account--state appropriation and (($1,245,000)) $1,176,000 of the
transportation 2003 account (nickel account)--state appropriation are
provided solely for project 0BI4ENV, Environmental Mitigation Reserve -Nickel/TPA project, as indicated in the LEAP transportation document
referenced in subsection (1) of this section. Funds may be used only
for environmental mitigation work that is required by permits that were
issued for projects funded by the transportation partnership account or
transportation 2003 account (nickel account). ((As part of the 2012
budget submittal, the department shall provide a list of all projects
and associated amounts that are being charged to project OBI4ENV during
the 2011-2013 fiscal biennium.)) (8) The transportation 2003 account (nickel account)--state
appropriation includes up to ((
(10)$361,005,000)) $378,105,000 in proceeds
from the sale of bonds authorized by RCW 47.10.861.
(((11))) (9) The transportation partnership account--state
appropriation includes up to (($1,427,696,000)) $869,365,000 in
proceeds from the sale of bonds authorized in RCW 47.10.873.
(((12))) (10) The motor vehicle account--state appropriation
includes up to (($66,373,000)) $48,354,000 in proceeds from the sale of
bonds authorized in RCW 47.10.843.
(((13))) (11) The state route number 520 corridor account--state
appropriation includes up to (($987,717,000)) $1,779,000,000 in
proceeds from the sale of bonds authorized in RCW 47.10.879.
(((14) $391,000)) (12) $767,000 of the motor vehicle account--state
appropriation and (($4,027,000)) $3,736,000 of the motor vehicle
account--federal appropriation are provided solely for the US 2 High
Priority Safety project (100224I). 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) $687,000)) (13) $820,000 of the motor vehicle account--federal appropriation, $16,308,000 of the motor vehicle account--private/local appropriation, and (($22,000)) $48,000 of the motor
vehicle account--state appropriation are provided solely for the US
2/Bickford Avenue - Intersection Safety Improvements project (100210E).
(((16) $435,000)) (14) $595,000 of the motor vehicle account--state
appropriation is provided solely for environmental work on the Belfair
Bypass project (300344C).
(((17) $108,000)) (15) $372,000 of the motor vehicle account--federal appropriation and (($3,000)) $9,000 of the motor vehicle
account--state appropriation are provided solely for the I-5/Vicinity
of Joint Base Lewis-McChord - Install Ramp Meters project (300596M).
(((18) $253,444,000)) (16) $202,863,000 of the transportation
partnership account--state appropriation and (($66,034,000))
$51,138,000 of the transportation 2003 account (nickel account)--state
appropriation are provided solely for the I-5/Tacoma HOV Improvements
(Nickel/TPA) project (300504A). The use of funds in this subsection to
renovate any buildings is subject to the requirements of section 604 of
this act. The department shall report to the legislature and the
office of financial management on any costs associated with building
renovations funded in this subsection.
(((19))) (17)(a) (($8,321,000)) $7,423,000 of the transportation
partnership account--state appropriation ((and $31,380,000)),
$62,779,000 of the motor vehicle account--federal appropriation, and
$29,548,000 of the motor vehicle account--private/local appropriation
are provided solely for the I-5/Columbia River Crossing project
(400506A). Of this amount, $200,000 of the transportation partnership
account--state appropriation 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. No funding from any account may be expended until written
confirmation has been received by the department that the state of
Oregon is providing an equal amount of additional funding to the
project.
(b) Consistent with the draft environmental impact statement and
the Columbia river crossing project's independent review panel report,
the Columbia river crossing project's financial plan must include
recognition of state transportation funding contributions from both
Washington and Oregon, federal transportation funding, and a funding
contribution from toll bond proceeds. Following the refinement of the
finance plan as recommended by the independent review panel, the
department may seek authorization from the legislature to collect tolls
on the existing Columbia river crossing or on a replacement crossing
over Interstate 5.
(c) Of the amounts provided in this subsection (17), $1,800,000 of
the motor vehicle account--federal appropriation is provided solely for
the investment-grade traffic and revenue analysis described in section
205(5) of this act, and this is the maximum amount the department may
expend for this purpose. The department shall enter into an
interagency agreement with the transportation commission to cover the
costs of the investment-grade traffic and revenue analysis described in
section 205(5) of this act.
(((20) $107,000)) (18) $309,000 of the motor vehicle account--federal appropriation and (($27,000)) $78,000 of the motor vehicle
account--state appropriation are provided solely for the SR 9/SR 204
Intersection Improvement project (L2000040).
(((21) $2,134,000)) (19) $3,385,000 of the motor vehicle account--federal appropriation and (($47,000)) $50,000 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 (501210T).
(((22) $294,000)) (20) $391,000 of the motor vehicle account--federal appropriation and (($13,000)) $16,000 of the motor vehicle
account--state appropriation are provided solely for the SR 16/Rosedale
Street NW Vicinity - Frontage Road project (301639C). The frontage
road must be built for driving speeds of no more than thirty-five miles
per hour.
(((23) $1,000,000)) (21) $621,000 of the motor vehicle account--federal appropriation is provided solely for the SR 20/Race Road to
Jacob's Road safety project (L2200042).
(((24) $24,002,000)) (22) $32,162,000 of the transportation
partnership account--state appropriation is provided solely for the SR
28/ US 2 and US 97 Eastmont Avenue Extension project (202800D).
(((25) $569,000)) (23) $1,227,000 of the motor vehicle account--federal appropriation and (($9,000)) $38,000 of the motor vehicle
account--state appropriation are provided solely for design and right-of-way work on the I-82/Red Mountain Vicinity project (508208M). 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.
(((26))) (24) $1,500,000 of the motor vehicle account--federal
appropriation is provided solely for the I-90 Comprehensive Tolling
Study and Environmental Review project (100067T). The department shall
undertake a comprehensive environmental review of tolling Interstate 90
between Interstate 5 and Interstate 405 for the purposes of both
managing traffic and providing funding for construction of the unfunded
state route number 520 from Interstate 5 to Medina project. The
environmental review must include significant outreach to potentially
affected communities. The department may consider traffic management
options that extend as far east as Issaquah.
(((27) $9,422,000)) (25) $12,149,000 of the motor vehicle account--federal appropriation and (($193,000)) $362,000 of the motor vehicle
account--state appropriation are provided solely for the I-90/Sullivan
Road to Barker Road - Additional Lanes project (609049N).
(((28))) (26) Up to $8,000,000 in savings realized on the I-90/Snoqualmie Pass East - Hyak to Keechelus Dam - Corridor project
(509009B) may be used for design work on the next two-mile segment of
the corridor. Any additional savings on this project must remain on
the corridor. (($590,000 of the funds appropriated for this project
may be used to purchase land currently owned by the state parks
department.)) Project funds may not be used to build or improve
buildings until the plan described in section 604 of this act is
complete.
(((29) $932,000)) (27) $657,000 of the motor vehicle account--federal appropriation is provided solely for the US 97A/North of
Wenatchee - Wildlife Fence project (209790B).
(((30))) (28) The department shall reconvene an expert review panel
of no more than three members as described under RCW 47.01.400 for the
purpose of updating the work that was previously completed by the panel
on the Alaskan Way viaduct replacement project and to ensure that an
appropriate and viable financial plan is created and regularly
reviewed. The expert review panel must be selected cooperatively by
the chairs of the senate and house of representatives transportation
committees, the secretary of transportation, and the governor. The
expert review panel must report findings and recommendations to the
transportation committees of the legislature, the governor's Alaskan
Way viaduct project oversight committee, and the transportation
commission by October 2011, and annually thereafter until the project
is operationally complete.
(((31))) (29) 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.
(((32))) (30) Within the amounts provided in this section, $20,000
of the motor vehicle account--state appropriation and $980,000 of the
motor vehicle account--federal appropriation are provided solely for
the department to continue work on a comprehensive tolling study of the
state route number 167 corridor (project 316718S). As funding allows,
the department shall also continue work on a comprehensive tolling
study of the state route number 509 corridor.
(((33))) (31)(a) (($131,303,000)) $137,022,000 of the
transportation partnership account--state appropriation((,
$51,410,000)) and $50,623,000 of the transportation 2003 account
(nickel account)--state appropriation((, and $10,000,000 of the motor
vehicle account--federal appropriation)) are provided solely for the I-405/Kirkland Vicinity Stage 2 - Widening project (8BI1002). This
project must be completed as soon as practicable as a design-build
project and must be constructed with a footprint that would accommodate
potential future express toll lanes.
(b) As part of the project, the department shall conduct a traffic
and revenue analysis and complete a financial plan to provide
additional information on the revenues, expenditures, and financing
options available for active traffic management and congestion relief
in the Interstate 405 and state route number 167 corridors. A report
must be provided to the transportation committees of the legislature
and the office of financial management by January 2012. However, this
subsection (((33))) (31)(b) is null and void if chapter . . .
(Engrossed House Bill No. 1382), Laws of 2011 (I-405 express toll
lanes) is enacted by June 30, 2011.
(c) Within the amounts provided for this project, funding is
provided solely for tolling equipment, such as gantries, barriers, or
cameras, on Interstate 405, consistent with chapter 369, Laws of 2011.
The department shall place amounts for tolling equipment into
unallotted status until the traffic and revenue analysis required in
RCW 47.56.886 is submitted to the governor and the legislature. Once
the report has been submitted, the office of financial management may
approve the allotment of funds for tolling equipment only after
consultation with the joint transportation committee.
(32) $40,000,000 in savings realized on the I-405/Kirkland Vicinity
Stage 2--Widening project (8BI1002) shall be used for preliminary
engineering, construction, and rights-of-way purchase on the Interstate
405/state route number 167 direct connector.
(((34))) (33) Funding for a signal at state route number 507 and
Yew Street is included in the appropriation for intersection and spot
improvements (0BI2002).
(((35) $226,809,000)) (34) $226,167,000 of the transportation
partnership account--state appropriation ((and $1,019,460,000)),
$898,286,000 of the state route number 520 corridor account--state
appropriation, and $63,003,000 of the motor vehicle account--federal
appropriation are provided solely for the state route number 520 bridge
replacement and HOV program (8BI1003). When developing the financial
plan for the program, the department shall assume that all maintenance
and operation costs for the new facility are to be covered by tolls
collected on the toll facility, and not by the motor vehicle account.
(((36) $650,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 522 Improvements/61st Avenue NE and NE
181st Street project (L1000055).)) (35) $500,000 of the motor vehicle account--state
appropriation is provided solely for a multimodal corridor plan on
state route number 520 between Interstate 405 and Avondale Road in
Redmond (L1000054).
(37)
(36) $300,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 523 Corridor study (L1000059).
(((38))) (37) The department shall consider using the city of
Mukilteo's off-site mitigation program in the event any projects on
state route number 525 or 526 require environmental mitigation.
(((39))) (38) Any savings on projects on the state route number 532
corridor must be used within the corridor to begin work on flood
prevention and raising portions of the highway above flood and storm
influences.
(39) $5,791,000 of the Tacoma Narrows toll bridge account--state
appropriation is provided solely for deferred sales tax expenses on the
construction of the new Tacoma Narrows bridge (L1000054).
(40) Construction of a new traffic management center may not
commence until the budget evaluation study in section 102(1) of this
act is complete and the office of financial management has determined
that a new traffic management center is the preferred option and has
approved this project.
(41) $8,000,000 of the motor vehicle account--state appropriation
is provided solely for the design and preliminary engineering of
projects and for rights-of-way acquisition, as provided in LEAP
Transportation Document 2012-3 and referenced as project (L110040) on
LEAP Transportation Document 2012-2 ALL PROJECTS as developed February
16, 2012, except that the following interchanges are added to the JBLM
Corridor project: Martin Way and Marvin Road. The department shall
work collaboratively with the south sound military and communities
partnership on the JBLM Corridor project. Funds must be used to
promote the initial development of these projects for the purpose of
expediting the delivery of the associated major investments when
funding for such investments becomes available. Funding may be
reallocated between projects to maximize the accomplishment of design
and preliminary engineering work and rights-of-way acquisition,
provided that all projects are addressed. It is the intent of the
legislature that, while seeking to maximize the outcomes sought in this
section, the department use an approach to retain core agency
competencies of its workforce while strategically utilizing private
sector involvement to avoid growth in the state workforce. If chapter
... (Engrossed Substitute Senate Bill No. 6455), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses.
Sec. 306 2011 c 367 s 306 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($34,182,000))
$44,463,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($67,790,000))
$85,241,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($632,489,000))
$540,306,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($19,253,000))
$21,585,000
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . $259,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $23,000
State Transportation Operations and Maintenance
Account--State Appropriation . . . . . . . . . . . . $43,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $4,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($753,714,000))
$738,877,000
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 2011-1 as developed April 19,
2011, Program - Highway Preservation Program (P))) LEAP Transportation
Document 2012-1 as developed February 16, 2012, 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) ((The department shall, on a quarterly basis beginning July 1,
2011, 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 must be reported on a programmatic basis. Projects
within this programmatic level funding must 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. The department
shall also provide the information required under this subsection on a
quarterly basis.)) 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.
(3)
(((5))) (3) 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.
(((6))) (4) The department shall apply for surface transportation
program enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in programs I and P.
(((7) The motor vehicle account--state appropriation includes up to
$17,652,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.)) (5) The department must work with cities and counties to
develop a comparison of direct and indirect labor costs, overhead
rates, and other costs for high-cost bridge inspections charged by the
state, counties, and other entities. The comparison is due to the
transportation committees of the legislature on September 1, 2011.
(8)
(((9) $277,000)) (6) $789,000 of the motor vehicle account--federal
appropriation and (($10,000)) $6,000 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).
(((10) $9,641,000)) (7) $10,843,000 of the motor vehicle account--federal appropriation, (($2,000,000)) $1,992,000 of the motor vehicle
account--private/local appropriation, and (($361,000)) $390,000 of the
motor vehicle account--state appropriation are provided solely for the
SR 21/Keller Ferry - Replace Boat project (602110J).
(((11) $3,093,000)) (8) $165,000 of the motor vehicle account--federal appropriation is provided solely for the I-90/Ritzville to
Tokio - Paving of Outside Lanes project (609041G).
(((12) $2,733,000)) (9) $5,565,000 of the motor vehicle account--federal appropriation and (($114,000)) $232,000 of the motor vehicle
account--state appropriation are provided solely for the SR
167/Puyallup River Bridge Replacement project (316725A). This project
must be completed as a design-build project. The department must work
with local jurisdictions and the community during the environmental
review process to develop appropriate esthetic design elements, at no
additional cost to the department, and traffic management plans
pertaining to this project. The department must report to the
transportation committees of the legislature on estimated cost and/or
time savings realized as a result of using the design-build process.
(((13) $295,000)) (10) $507,000 of the motor vehicle account--federal appropriation and (($5,000)) $13,000 of the motor vehicle
account--state appropriation are provided solely for the SR
906/Travelers Rest - Building Renovation project (090600A).
(11) $43,000,000 of the state transportation operations and
maintenance account--state appropriation is provided solely for asphalt
and concrete preservation. If Substitute House Bill No. 2660
(petroleum product barrel fee) is not enacted by June 30, 2012, the
amount provided in this subsection lapses.
(12) $4,000,000 of the highway safety account--state appropriation
is provided solely for urgent preservation needs on the state highway
system (L110041). If chapter ... (Engrossed Substitute Senate Bill No.
6150), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
Sec. 307 2011 c 367 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($6,439,000))
$8,779,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($5,600,000))
$7,283,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($12,039,000))
$16,062,000
The appropriations in this section are subject to the following
conditions and limitations: (($1,000,000)) $835,000 of the motor
vehicle account--state appropriation for project 000005Q is provided
solely for state matching funds for federally selected competitive
grants or congressional earmark projects. These moneys must be placed
into reserve status until such time as federal funds are secured that
require a state match.
Sec. 308 2011 c 367 s 308 (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 . . . . . . . . . . . . (($68,013,000))
$70,381,000
Puget Sound Capital Construction Account--Federal
Appropriation . . . . . . . . . . . . (($41,500,000))
$53,802,000
Puget Sound Capital Construction Account--Private/Local
Appropriation . . . . . . . . . . . . $200,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($118,027,000))
$158,376,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($12,536,000))
$12,838,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($43,265,000))
$35,054,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($283,341,000))
$330,651,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($68,013,000)) $70,381,000 of the Puget Sound capital
construction account--state appropriation, (($41,500,000)) $53,802,000
of the Puget Sound capital construction account--federal appropriation,
(($12,536,000)) $12,838,000 of the transportation partnership account--state appropriation, (($118,027,000)) $158,376,000 of the
transportation 2003 account (nickel account)--state appropriation,
((and $43,265,000)) $35,054,000 of the multimodal transportation
account--state appropriation, and $200,000 of the Puget Sound capital
construction account--private/local appropriation are provided solely
for ferry projects, as listed in LEAP Transportation Document ((2011))
2012-2 ALL PROJECTS as developed ((April 19, 2011)) February 16, 2012,
Program - Washington State Ferries Capital Program (W).
(2) 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.
(3) The multimodal transportation account--state appropriation
includes up to (($43,265,000)) $35,054,000 in proceeds from the sale of
bonds authorized in RCW 47.10.867.
(4) The transportation 2003 account (nickel account)--state
appropriation includes up to (($82,143,000)) $43,447,000 in proceeds
from the sale of bonds authorized in RCW 47.10.861.
(5) The Puget Sound capital construction account--state
appropriation includes up to (($52,516,000)) $48,615,000 in proceeds
from the sale of bonds authorized in RCW 47.10.843.
(((7) $20,906,000)) (6) $17,970,000 of the transportation 2003
account (nickel account)--state appropriation((, $9,711,000 of the
multimodal transportation account--state appropriation, and $1,537,000
of the Puget Sound capital construction account--state appropriation
are)) is provided solely for the acquisition of new Kwa-di-tabil class
ferry vessels subject to the conditions of RCW 47.56.780 (944470A).
(((8) $33,404,000)) (7) $30,404,000 of the multimodal
transportation account--state appropriation, (($2,000,000)) $1,000,000
of the Puget Sound capital construction account--((state)) federal
appropriation, $11,500,000 of the transportation partnership account--state appropriation, and (($81,085,000)) $80,924,057 of the
transportation 2003 account (nickel account)--state appropriation are
provided solely for the acquisition of ((two)) one 144-car vessel((s
contingent upon new and sufficient resources. Of these amounts,
$123,828,000 is provided solely for the first 144-car vessel))
L2200038. The department shall use as much already procured equipment
as practicable on the 144-car vessel. The vendor must present to the
joint transportation committee and the office of financial management,
by August 15, 2011, a list of options that will result in significant
cost savings changes in terms of construction or the long-term
maintenance and operations of the vessel. The vendor must allow for
exercising the options without a penalty. If neither chapter ...
(Engrossed Substitute Senate Bill No. 5742), Laws of 2011 nor chapter
... (House Bill No. 2083), Laws of 2011 is enacted by June 30, 2011,
$75,000,000 of the transportation 2003 account (nickel account)--state
appropriation in this subsection lapses.
(((9))) (7) $43,447,000 of the transportation 2003 account (nickel
account)--state appropriation and $2,500,000 of the Puget Sound capital
construction account--federal appropriation are provided solely for a
second 144-car diesel vessel. If chapter ... (Engrossed Substitute
House Bill No. 6455), Laws of 2012 is not enacted by June 30, 2012, the
amount provided in this subsection lapses.
(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 2011-2013 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
system. ((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.)) The earned value method of project monitoring must be
used for the following projects while in the design phase: Seattle
Terminal Building Replacement project; Seattle Slip 3 Transfer Span and
OHL Replacement project; Mukilteo Multimodal project; Vashon Trestle
Replacement project; and Southworth Trestle Replacement project.
(((11) $3,932,000)) (9) $7,048,000 of the total appropriation is
provided solely for continued permitting work on the Mukilteo ferry
terminal (project 952515P). The department shall seek additional
federal funding for this project. Prior to beginning terminal
improvements, the department shall report to the legislature on the
final environmental impact statement by December 31, 2012. The report
must include an overview of the costs and benefits of each of the
alternatives considered, as well as an identification of costs and a
funding plan for the preferred alternative.
(10) The state shall take the necessary steps to expedite the
environmental review and design processes to replace the Mukilteo ferry
terminal with an alternative that relocates the terminal to the
Mukilteo tank farm as part of an integrated multimodal center.
(((13))) (11) The department shall review all terminal project cost
estimates to identify projects where similar design requirements could
result in reduced preliminary engineering or miscellaneous items costs.
The department shall report to the legislature by September 1, 2011.
The report must use programmatic design and include estimated cost
savings by reducing repetitive design costs or miscellaneous costs, or
both, applied to projects.
(((14) $2,000,000)) (12) $3,000,000 of the Puget Sound capital
construction account--state appropriation is provided solely for
emergency capital repair costs (999901K). Funds may be spent only
after approval from the office of financial management.
(((15) $7,167,000)) (13) $4,851,000 of the Puget Sound capital
construction account--state appropriation is provided solely for the
reservation (L2000041) and communications (L2000042) system project.
(14) Consistent with RCW 47.60.662, which requires the Washington
state ferry system to collaborate with passenger-only ferry and transit
providers to provide service at existing terminals, the department
shall ensure that multimodal access, including for passenger-only
ferries and transit service providers, is maintained at the Seattle
terminal and included in any future modifications at the terminal.
(15) $641,500 of the Puget Sound capital construction account--state appropriation is provided solely for the department to work with
the United States coast guard and other relevant agencies to conduct
security and operational planning, and public outreach, in order to
provide additional information for decision-making regarding the use of
liquefied natural gas-powered vessels in the Washington state ferry
fleet. The department shall invite representatives of Alaska and
Canada to participate in this process.
(16) For any projects for which state ferry vessels are to be
retrofitted for liquefied natural gas use, the department shall use an
alternative procurement procedure, such as design-build or design-build-operate. The department may not use full-time equivalent staff
for aspects of such projects other than for conceptual design or
performance specification definition.
Sec. 309 2011 c 367 s 309 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account--State
Appropriation . . . . . . . . . . . . (($1,000,000))
$1,064,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . (($5,838,000))
$5,693,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($52,000,000))
$58,779,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($366,314,000))
$236,597,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . (($1,292,000))
$1,010,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($426,444,000))
$303,143,000
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 project and amount in LEAP Transportation
Document ((2011)) 2012-2 ALL PROJECTS as developed ((April 19, 2011))
February 16, 2012, Program-Rail Capital Program (Y).
(b) Within the amounts provided in this section, (($2,903,000))
$3,180,000 of the transportation infrastructure account--state
appropriation is for low-interest loans through the freight rail
investment bank program for specific projects listed as recipients of
these loans in the LEAP transportation document identified in (a) of
this subsection. The department shall issue freight rail investment
bank program loans 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.
(((c) Within the amounts provided in this section, $1,754,000 of
the multimodal transportation account--state appropriation and
$1,000,000 of the essential rail assistance account--state
appropriation are for statewide emergent freight rail assistance
projects identified in the LEAP transportation document identified in
(a) of this subsection.))
(2)(a) If any funds remain in the program reserves (F01001A &
F01000A) for the program and projects listed in subsection (1)(b) ((and
(c))) of this section, the department shall issue a call for projects
for the freight rail investment bank (FRIB) loan program and the
emergent freight rail assistance program (FRAP) grants, 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. Unsuccessful FRAP grant
applicants should be encouraged to apply to the FRIB loan program, if
eligible. By November 1, 2011, 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 expend unallocated federal rail
crossing funds in lieu of or in addition to state funds for eligible
costs of projects in program Y.
(4) 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.
(5) 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.
(6) The multimodal transportation account--state appropriation
includes up to (($19,684,000)) $2,946,000 in proceeds from the sale of
bonds authorized in RCW 47.10.867.
(7) ((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 additional grain train
railcars.)) Revenues from the grain train railcar program must be used to
support grain train railcar maintenance and program costs accrued by
ports. Upon legislative approval, excess grain train railcar revenues
may be used for maintenance of state-owned railroads and future
purchases of grain train railcars.
(8) $1,087,000 of the multimodal transportation account--state
appropriation is provided solely as state matching funds for successful
grant applications to either the federal rail line relocation and
improvement program (project 798999D) or new federal high-speed rail
grants.
(9)
(8) 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.
(((10) $339,139,000)) (9) $155,572,000 of the multimodal
transportation account--federal appropriation and (($5,099,000))
$2,697,000 of the multimodal transportation account--state
appropriation are provided solely for expenditures related to passenger
high-speed rail grants. At one and one-half percent of the total
project funds, the multimodal transportation account--state funds are
provided solely for expenditures that are not federally reimbursable.
Funding in this subsection is the initial portion of multiyear
high-speed rail program grants awarded to Washington state for
high-speed intercity passenger rail investments. Funding will allow
for two additional round trips between Seattle and Portland and other
rail improvements.
(((11))) (10) $750,000 of the multimodal transportation account--state appropriation is provided solely for the Port of Royal Slope
rehabilitation project (L1000053). Funding is contingent upon the
project completing the rail cost-benefit methodology process developed
during the 2008 interim using the legislative priorities outlined in
subsection (2)(c) of this section.
Sec. 310 2011 c 367 s 310 (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
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($3,754,000))
$4,179,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($31,856,000))
$30,430,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . $11,278,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($6,035,000))
$7,181,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . (($15,117,000))
$15,668,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . (($4,752,000))
$2,834,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($18,453,000))
$22,475,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $1,115,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($94,169,000))
$100,469,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) ((The department shall, on a quarterly basis beginning July 1,
2011, 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. Report formatting and elements
must be consistent with the October 2009 quarterly project report. The
department shall also provide the information required under this
subsection on a quarterly basis via the transportation executive
information system.)) $1,115,000 of the passenger ferry account--state
appropriation is provided solely for near and long-term costs of
capital improvements and operating expenses that are consistent with
the business plan approved by the governor for passenger ferry service.
(2)
(((3))) (2) The department shall apply for surface transportation
program 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.
(((4) Federal funds may be transferred from program Z to programs
I and P and state funds must 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 must 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, 2011, and December 1, 2012.)) (3) The city of Winthrop may utilize a design-build process
for the Winthrop bike path project.
(5)
(((6) $11,557,000)) (4) $14,813,000 of the multimodal
transportation account--state appropriation, (($12,136,000))
$12,804,000 of the motor vehicle account--federal appropriation, and
(($5,195,000)) $6,241,000 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 2011-A, pedestrian and
bicycle safety program projects and safe routes to schools program
projects, as developed April 19, 2011; 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.
(((7))) (5) Except as provided otherwise in this section, the
entire appropriations in this section are provided solely for the
projects and activities as listed by project and amount in ((LEAP
Transportation Document 2011-2 ALL PROJECTS as developed April 19,
2011, Program - Local Program (Z))) LEAP Transportation Document 2012-2
ALL PROJECTS as developed February 16, 2012.
(((8))) (6) For the 2011-2013 project appropriations, unless
otherwise provided in this act, the director of the office of financial
management may authorize a transfer of appropriation authority between
projects managed by the freight mobility strategic investment board and
may also advance projects in future biennia, as identified in LEAP
Transportation Document 2012-2 ALL PROJECTS as developed February 16,
2012, into the current biennium in order for the board to manage
project spending and efficiently deliver all projects in the respective
program.
(((9))) (7) With each department budget submittal, the department
shall provide an update on the status of the repayment of the twenty
million dollars of unobligated federal funds authority advanced by the
department in September 2010 to the city of Tacoma for the Murray
Morgan/11th Street bridge project.
(((10))) (8) The department shall prepare a list of main street
projects, consistent with chapter ... (Engrossed Substitute House Bill
No. 1071), Laws of 2011, for approval in the 2013-2015 fiscal biennium.
In order to ensure that any proposed list of projects is consistent
with legislative intent, the department shall provide a report to the
joint transportation committee by December 1, 2011. The report must
identify the eligible segments of main streets highways, the
department's proposed project selection and ranking method, criteria to
be considered, and a plan for soliciting project proposals. The call
for projects for the main streets highways program must be suspended
until funding for the program is identified.
(((11))) (9) $267,000 of the motor vehicle account--state
appropriation and $2,859,000 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
(3LP187A). 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.
(((12))) (10) Up to (($3,650,000)) $3,702,000 of the motor vehicle
account--federal appropriation and (($23,000)) $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 (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.
(((13))) (11) $225,000 of the multimodal transportation account--state appropriation is provided solely for the Shell Valley emergency
road and bicycle/pedestrian path (L1000036).
(((14) $150,000)) (12) $188,000 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
(L1000041).
(((15))) (13) $896,000 of the multimodal transportation account--state appropriation is provided solely for realignment of Parker Road
and construction of secondary access off of state route number 20
(L2200040).
(((16))) (14) An additional (($2,500,000)) $2,623,000 of the motor
vehicle account--federal appropriation is provided solely for the
Strander Blvd/SW 27th St Connection project (1LP902F), which amount is
reflected in the LEAP transportation document identified in subsection
(((7))) (5) of this section. These funds may only be committed if
needed, may not be used to supplant any other committed project
partnership funding, and must be the last funds expended.
(((17))) (15) $500,000 of the motor vehicle account--federal
appropriation is provided solely for safety improvements at the
intersection of South Wapato and McDonald Road (L1000052).
(((18))) (16) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for the state route number 432
rail realignment and highway improvements project (L1000056).
(((19) $500,000 of the multimodal transportation account--state
appropriation is provided solely for a multimodal corridor plan on
state route number 520 between Interstate 405 and Avondale Road in
Redmond (L1000054).)) (17) $100,000 of the motor vehicle account--federal
appropriation is provided solely for state route number 164 and Auburn
Way South pedestrian improvements (L1000057).
(20)
(((21))) (18) $115,000 of the motor vehicle account--federal
appropriation is provided solely for median street lighting on state
route number 410 (L1000058).
(((22))) (19) $60,000 of the multimodal transportation account--state appropriation is provided solely for a cross docking study for
the port of Douglas county (L1000060).
(((23))) (20) $100,000 of the motor vehicle account--federal
appropriation is provided solely for city of Auburn - 8th and R Street
NE intersection improvements (L2200043).
(((24))) (21) $65,000 of the multimodal transportation account--state appropriation is provided solely for the Puget Sound regional
council to further the implementation of multimodal concurrency
practice through a transit service overlay zone implemented at the
local level (L1000061). This approach will improve the linkage of land
use and transportation investment decisions, improve the efficiency of
transit service by encouraging transit-supportive development, provide
incentives for developers, and support integrated regional growth,
economic development, and transportation plans. In carrying out this
work, the council shall involve representatives from cities and
counties, developers, transit agencies, and other interested
stakeholders, and shall consult with other regional transportation
planning organizations across the state. The council shall report the
results of their work and recommendations to the joint transportation
committee by December 2011, with a final report to the transportation
committees of the legislature by January 31, 2012.
(22) $650,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 522 Improvements/61st Avenue NE and NE
181st Street project (L1000055).
(23) The department shall implement an invitational call for
projects eligible for the bicycle and pedestrian grant program similar
to the call for projects conducted in 2010, although the department may
adjust the criteria to include mobility and connectivity. The
department shall include a list of prioritized bicycle and pedestrian
grant projects for approval in the 2013-2015 biennial transportation
budget.
(24)(a) $3,500,000 of the highway safety account--state
appropriation is provided solely for the following purposes:
(i) $1,000,000 of the amount provided in this subsection is
provided solely for the freight mobility strategic investment board for
grants to meet urgent freight corridor improvement and preservation
needs (L1100042).
(ii) $2,500,000 of the amount provided in this subsection is
provided solely for safe routes to schools program projects, in rank
order, and identified as contingency projects in the LEAP
Transportation Document 2011-A, pedestrian and bicycle safety program
projects and safe routes to school program projects, referenced in
chapter 367, Laws of 2011 (the omnibus transportation appropriations
act).
(b) If chapter ... (Engrossed Substitute Senate Bill No. 6150),
Laws of 2012 is not enacted by June 30, 2012, the amount provided in
this subsection lapses.
NEW SECTION. Sec. 311 A new section is added to 2011 c 367
(uncodified) to read as follows:
REPORTING REQUIREMENTS FOR CAPITAL PROGRAM
(1) On a monthly basis, the department of transportation shall
provide to the office of financial management and the legislative
transportation committees:
(a) A TEIS version containing actual capital expenditures
consistent with the structure of the most recently enacted budget; and
(b) An update on awarded highway construction projects and
associated savings or increases.
(2) On a quarterly basis, the department of transportation shall
provide to the office of financial management and the legislative
transportation committees a status report on each active project funded
in part or in whole by the transportation 2003 account (nickel account)
or the transportation partnership act revenue packages. The department
of transportation shall also provide updated information for projects
funded with preexisting funds and agreed to by the legislature, office
of financial management, and the department. Funding provided at a
programmatic level for projects relating to bridge rail, guard rail,
fish passage barrier removal, roadside safety projects, and seismic
bridges must be reported on a programmatic basis; detail that shows
which projects comprise each project reported on a programmatic basis
must be provided separately. Projects within this programmatic level
funding must be completed on a priority basis and scoped to be
completed within the current programmatic budget. The quarterly report
must:
(a) Compare the original project cost estimates approved in the
transportation 2003 and 2005 transportation partnership 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;
(b) Identify highway projects that may be reduced in scope and
still achieve a functional benefit;
(c) Identify highway projects that have experienced scope increases
and that can be reduced in scope;
(d) Identify highway projects that have lost significant local or
regional contributions that were essential to completing the project;
(e) Identify contingency amounts allocated to projects; and
(f) Identify updated information on the six major project
milestones.
(3) On an annual basis, the department of transportation shall
provide to the office of financial management and the legislative
transportation committees reports that:
(a) Identify, for all capital projects, the amount of cost savings
or increases in funding that have been identified as compared to the
most recently enacted transportation budget;
(b) Identify the financial status and schedule for mega-projects,
which are defined as individual or groups of related projects that cost
one billion dollars or more. These projects include, but are not
limited to: Alaskan Way viaduct, SR 520, SR 167, I-405, North Spokane
corridor, I-5 Tacoma HOV, I-90 Snoqualmie Pass, and the Columbia river
crossing; and
(c) List all projects and associated amounts that are being charged
to project OBI4ENV during the current fiscal biennium.
Sec. 401 2011 c 367 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--State
Appropriation . . . . . . . . . . . . (($920,560,000))
$797,062,000
Ferry Bond Retirement Account--State Appropriation . . . . . . . . . . . . $31,801,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $1,075,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . (($16,544,000))
$16,504,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($25,200,000))
$19,843,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($3,142,000))
$2,807,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($333,000))
$331,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($1,140,000))
$1,240,000
Transportation Improvement Account--State
Appropriation . . . . . . . . . . . . $29,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($138,000))
$125,000
Toll Facility Bond Retirement Account--State
Appropriation . . . . . . . . . . . . (($33,792,000))
$48,807,000
Toll Facility Bond Retirement Account--Federal
Appropriation . . . . . . . . . . . . (($14,649,000))
$7,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,048,403,000))
$927,124,000
((The appropriations in this section are subject to the following
conditions and limitations:))
(1) $4,610,000 of the highway bond retirement account--state
appropriation is provided solely for debt service on bonds issued to
construct a ferry boat vessel with a carrying capacity of one hundred
forty-four cars. If neither chapter ... (House Bill No. 2083), Laws of
2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is
enacted by June 30, 2011, the amount provided in this subsection
lapses.
(2) $165,000 of the transportation 2003 account (nickel account)--state appropriation is provided solely for discounts on bonds sold to
construct a ferry boat vessel with a carrying capacity of one hundred
forty-four cars. If neither chapter ... (House Bill No. 2083), Laws of
2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is
enacted by June 30, 2011, the amount provided in this subsection
lapses.
Sec. 402 2011 c 367 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 . . . . . . . . . . . . $68,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($608,000))
$472,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($60,000))
$52,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($219,000))
$192,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $5,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($26,000))
$19,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($986,000))
$808,000
((The appropriations in this section are subject to the following
conditions and limitations: $30,000 of the transportation 2003 account
(nickel account)--state appropriation is provided solely for expenses
associated with bonds sold to construct a ferry boat vessel with a
carrying capacity of one hundred forty-four cars. If neither chapter
... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed
Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the
amount provided in this subsection lapses.))
Sec. 403 2011 c 367 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 . . . . . . . . . . . . $52,516,000
The department of transportation is authorized to sell up to
$52,516,000 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. ((Of the
authorized amounts, $14,500,000 is provided solely for expenditures
made during the fiscal biennium ending June 30, 2011.))
Sec. 404 2011 c 367 s 404 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account--State Appropriation for motor
vehicle fuel tax distributions to cities and
counties . . . . . . . . . . . . (($478,155,000))
$470,701,000
Sec. 405 2011 c 367 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 . . . . . . . . . . . . (($1,246,357,000))
$1,242,659,000
Sec. 406 2011 c 367 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 . . . . . . . . . . . . (($127,984,000))
$151,890,000
Sec. 407 2011 c 367 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 . . . . . . . . . . . . $543,000
(2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . (($46,500,000))
$54,500,000
(3) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . (($1,450,000))
$1,150,000
(4) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . (($3,200,000))
$1,200,000
(5) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . (($43,000,000))
$38,000,000
(6) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . (($23,000,000))
$31,000,000
(7) ((Department of Licensing Services Account)) Advanced Right-of-Way Revolving Fund: For
-State Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $400,000
(8)
transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(((9) State Route Number 520 Civil Penalties)) (8) Rural Mobility Grant Program Account--State
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $754,000
(10)
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $3,000,000
(((11))) (9) Motor Vehicle Account--State
Appropriation: For transfer to the State Patrol
Highway Account--State . . . . . . . . . . . . $14,000,000
(((12) State Route Number 520 Corridor)) (10) Motor Vehicle Account--State
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State, in an amount equal to
funds dispersed during the 2009-2011 fiscal biennium
authorized under section 805(7) of this act.
(13)
Appropriation: For transfer to the Special Category C
Account--State . . . . . . . . . . . . (($1,500,000))
$2,500,000
(((14))) (11) Regional Mobility Grant Program
Account--State Appropriation: For transfer to the
Multimodal Transportation Account--State . . . . . . . . . . . . $1,000,000
(((15))) (12) State Patrol Highway Account--State
Appropriation: For transfer to the Vehicle
Licensing Fraud Account . . . . . . . . . . . . $100,000
(((16))) (13) State Route Number 520 Corridor Account--State
Appropriation: For transfer to the Motor Vehicle
Account . . . . . . . . . . . . (($2,435,000))
$58,000
(14) Capital Vessel Replacement Account--State
Appropriation: For transfer to the Transportation 2003
Account (Nickel Account)--State . . . . . . . . . . . . $6,362,000
(((17))) (15) The transfers identified in this section are subject
to the following conditions and limitations:
(a) The amount transferred in subsection (1) of this section shall
not exceed the amount put forth in RCW 46.63.160 and represents a
partial repayment of the operating loan((s)) and reserve payment((s))
provided to the Tacoma Narrows toll bridge account ((from the motor
vehicle account in the 2005-2007 fiscal biennium)) in the 2005-2007
fiscal biennium. The remaining operating loan and reserve payment
shall be paid in future biennia.
(b) ((The transfer in subsection (9) of this section represents
toll revenue collected from toll violations)) The amount transferred in
subsection (3) of this section shall not exceed the expenditures
incurred from the motor vehicle account--state for the recreational
vehicle sanitary disposal systems program.
(c) The amount transferred in subsection (14) of this section may
not exceed the funds available in the capital vessel replacement
account--state.
Sec. 501 2011 c 367 s 502 (uncodified) is amended to read as
follows:
COLLECTIVE BARGAINING AGREEMENTS--WSP TROOPERS ASSOCIATION
(1) No agreement has been reached between the governor and the
Washington state patrol trooper's association under chapter 41.56 RCW
for ((the 2011-2013 fiscal biennium)) fiscal year 2012. Appropriations
for the Washington state patrol in this act are sufficient to fund the
provisions of the 2009-2011 agreement.
(2) An agreement has been reached between the governor and the
Washington state patrol troopers association under chapter 41.56 RCW
for fiscal year 2013. Appropriations for the Washington state patrol
in this act provide funding to implement the fiscal year 2013
agreement. The fiscal year 2013 agreement contains no change in
compensation from the 2009-2011 agreement; therefore, no additional
funding is appropriated.
Sec. 502 2011 c 367 s 503 (uncodified) is amended to read as
follows:
COLLECTIVE BARGAINING AGREEMENTS--WSP LIEUTENANTS ASSOCIATION
(1) No agreement has been reached between the governor and the
Washington state patrol lieutenant's association under chapter 41.56
RCW for ((the 2011-2013 fiscal biennium)) fiscal year 2012.
Appropriations for the Washington state patrol in this act are
sufficient to fund the provisions of the 2009-2011 agreement.
(2) An agreement has been reached between the governor and the
Washington state patrol lieutenants association under chapter 41.56 RCW
for fiscal year 2013. Appropriations for the Washington state patrol
in this act provide funding to implement the fiscal year 2013
agreement. The fiscal year 2013 agreement contains no change in
compensation from the 2009-2011 agreement; therefore, no additional
funding is appropriated.
Sec. 503 2011 c 367 s 505 (uncodified) is amended to read as
follows:
DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING
AGREEMENTS--TERMS AND CONDITIONS
No agreement has been reached between the governor and the masters,
mates, and pilots marine operations watch supervisors under chapter
47.64 RCW for the 2011-2013 fiscal biennium. Appropriations in this
act reflect funding to maintain the provisions or terms and conditions
of the 2009-2011 agreements for fiscal year 2012. Fiscal year 2013
appropriations are reduced to reflect: A 6.0 percent temporary salary
reduction effective July 1, 2012, through June 29, 2013; a reduction to
overtime calculations; a reduction to vacation leave accruals; and
other management priorities in collective bargaining. Effective June
30, 2013, the salary schedules effective July 1, 2009, through June 30,
2011, will be reinstated.
NEW SECTION. Sec. 504 TRANSPORTATION EMPLOYEES--COMPENSATION
The following acts or parts of acts are each repealed:
(1) 2011 1st sp.s. c 50 s 718 (uncodified) (FOR THE OFFICE OF
FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES--RETIREMENT SYSTEM
CONTRIBUTIONS);
(2) 2011 1st sp.s. c 50 s 719 (uncodified) (FOR THE OFFICE OF
FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES--RETIREMENT SYSTEM
CONTRIBUTIONS);
(3) 2011 1st sp.s. c 50 s 720 (uncodified) (FOR THE OFFICE OF
FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEE SALARY REDUCTIONS); and
(4) 2011 1st sp.s. c 50 s 721 (uncodified) (FOR THE OFFICE OF
FINANCIAL MANAGEMENT--TRANSPORTATION EMPLOYEES RETIREMENT SYSTEM
CONTRIBUTIONS).
Sec. 601 2011 c 367 s 603 (uncodified) is amended to read as
follows:
FUND TRANSFERS
(1) The transportation 2003 projects or improvements and the 2005
transportation partnership projects or improvements are listed in LEAP
Transportation Document ((2011)) 2012-1 as developed ((April 19, 2011))
February 16, 2012, 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 account (nickel account)
projects on the LEAP transportation documents referenced in this act.
For the 2009-2011 and 2011-2013 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,
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 or 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 2012 supplemental
transportation budget, any unexpended 2009-2011 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 for projects not identified on the
applicable project list;
(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 total 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 must 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 in a timely manner.
(4) The office of financial management shall document approved
transfers and schedule changes in the transportation executive
information system, compare changes to the legislative baseline funding
and schedules identified by project identification number identified in
the LEAP transportation documents referenced in this act, and transmit
revised project lists to chairs of the transportation committees of the
legislature on a quarterly basis.
NEW SECTION. Sec. 602 A new section is added to 2011 c 367
(uncodified) to read as follows:
The department of transportation is given the authority to provide
up to $163,000 in toll credits to the Port of Kingston for its role in
the new passenger-only ferry service and ferry corridor-related
projects. The number of toll credits provided to the Port of Kingston
must be equal to, but no more than, the number sufficient to meet
federal match requirements for grant funding for passenger-only ferry
service, but shall not exceed the amount authorized in this section.
Sec. 701 RCW 43.19.642 and 2010 c 247 s 701 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) Except as provided in subsection (5) of this section, 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)) enterprise services documenting the use of the fuel
and a description of how any problems encountered were resolved.
(4) ((For the 2009-2011 fiscal biennium, 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.)) By December 1, 2009, the department of ((
(5)general
administration)) enterprise services 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.
(5) During the 2011-2013 fiscal biennium, the Washington state
ferries is required to use a minimum of five percent biodiesel as
compared to total volume of all diesel purchased made by the Washington
state ferries for the operation of the Washington state ferries diesel-powered vessels, as long as the price of a B5 biodiesel blend does not
exceed the price of conventional diesel fuel by five percent or more.
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.