BILL REQ. #: Z-0355.5
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/17/11. Referred to Committee on Transportation.
AN ACT Relating to transportation funding and appropriations; amending 2010 c 247 ss 103, 104, 205, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 307, 308, 401, 402, 403, 404, 405, and 406 (uncodified); amending 2009 c 470 s 305 (uncodified); amending 2010 c 283 s 19 (uncodified); amending 2010 1st sp.s. c 37 s 804 (uncodified); creating a new section; 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 2010 c 247 s 103 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $3,526,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $98,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,624,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,699,000 of the motor vehicle account--state appropriation is
((provided solely)) for the office of regulatory assistance integrated
permitting project.
(2) $1,004,000 of the motor vehicle account--state appropriation is
((provided solely)) for the continued maintenance and support of the
transportation executive information system. Of the amount provided in
this subsection, $502,000 is for two existing FTEs at the department of
transportation to maintain and support the system.
(3) $150,000 of the motor vehicle account--state appropriation is
provided solely for the office of financial management to contract with
the Washington state association of counties for a pilot program to
develop and implement a streamlined process for programmatic hydraulic
project approvals for multiple, recurring local transportation and
public works projects. The pilot program must include the following:
(a) Describing, defining, and documenting classes of local
transportation and public works projects appropriate for programmatic
hydraulic project approvals permits; (b) developing technical
permitting requirements and conditions; (c) administratively adopting
and implementing programmatic hydraulic project approvals statewide;
and (d) piloting, reviewing, updating, and training throughout all
Washington counties. For the purpose of this subsection, the contract
with the Washington state association of counties is deemed a revenue
generation and auditing activity as that term is construed in section
602(2), chapter 3, Laws of 2010.
Sec. 102 2010 c 247 s 104 (uncodified) is amended to read as
follows:
FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($440,000))
$470,000
Sec. 201 2010 c 247 s 205 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,328,000))
$2,167,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . (($112,000))
$111,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,440,000))
$2,278,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify the schedule of fares for the Washington state ferry
system. The transportation commission may increase ferry fares,
except no fare schedule modifications may be made prior to September 1,
2009. For purposes of this subsection, "modify" includes increases or
decreases to the schedule.
(2) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify a schedule of toll charges applicable to the state
route number 167 high occupancy toll lane pilot project, as required
under RCW 47.56.403. For purposes of this subsection, "modify"
includes increases or decreases to the schedule.
(3) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify the schedule of toll charges applicable to the Tacoma
Narrows bridge, taking into consideration the recommendations of the
citizen advisory committee created under RCW 47.46.091. For purposes
of this subsection, "modify" includes increases or decreases to the
schedule.
(4) The commission may name state ferry vessels consistent with its
authority to name state transportation facilities under RCW 47.01.420.
When naming or renaming state ferry vessels, the commission shall
investigate selling the naming rights and shall make recommendations to
the legislature regarding this option.
(5) $350,000 of the motor vehicle account--state appropriation is
((provided solely)) for consultant support services to assist the
commission in updating the statewide transportation plan. The updated
plan must be submitted to the legislature by December 1, 2010.
(6) If the commission considers implementing a ferry fuel
surcharge, it must first submit an analysis and business plan to the
office of financial management and either the joint transportation
committee or the transportation committees of the legislature. The
commission may impose a ferry fuel surcharge effective July 1, 2011.
When implementing a ferry fuel surcharge, the commission must regard
ferry fuel surcharges as fare policy changes and thus, ferry fuel
surcharges should be included in all public procedures and processes
currently used for fare pricing per RCW 47.60.290.
(7) The commission shall work with the department of
transportation's economic partnerships (Program K) in conducting a best
practices review of nontoll, public-private partnerships. The purpose
of this review is to identify the policies and procedures that would be
appropriate for application in Washington state. The commission must
report its findings and recommendations, including draft legislation if
warranted, to the house of representatives and senate transportation
committees by January 2011.
(8) As part of its development of the statewide transportation
plan, the commission shall review prioritized projects, including
preservation and maintenance projects, from regional transportation and
metropolitan planning organizations to identify statewide
transportation needs. The review should include a brief description
and status of each project along with the funding required and
associated timeline from start to completion. The commission shall
submit the review, along with recommendations, to the house of
representatives and senate transportation committees by January 2011.
(9) Pursuant to RCW 43.135.055, the legislature approves the action
taken by the transportation commission on November 15, 2010, to modify
the schedule of fares for the Washington state ferry system. During
the remainder of the 2011 fiscal year, the transportation commission
shall review and, if necessary, modify the schedule of fares for the
Washington state ferry system.
(10) Pursuant to RCW 43.135.055, during the 2011 fiscal year, the
transportation commission shall periodically review and, if necessary,
modify a schedule of toll charges applicable to the state route number
167 high occupancy toll lane pilot project, as required under RCW
47.56.403.
(11) Pursuant to RCW 43.135.055, the legislature approves the
action taken by the transportation commission on January 25, 2011, to
modify the schedule of toll charges applicable to the Tacoma Narrows
bridge, taking into consideration the recommendations of the citizen
advisory committee created under RCW 47.46.091. During the remainder
of the 2011 fiscal year, the transportation commission shall review
and, if necessary, modify the schedule of fares for the Tacoma Narrows
bridge.
(12) Pursuant to RCW 43.135.055, the legislature approves the
action taken by the transportation commission on January 5, 2011, to
modify the schedule of toll charges applicable to state route number
520 bridge. During the remainder of the 2011 fiscal year, the
transportation commission shall review and, if necessary, modify the
schedule of fares for the state route number 520 bridge.
(13) For purposes of subsections (9) through (12) of this section,
"modify" includes increases to the schedule of fares or tolls.
Sec. 202 2010 c 247 s 209 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL -- TECHNICAL SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($108,560,000))
$108,316,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $2,510,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($111,070,000))
$110,826,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The Washington state patrol shall work with the risk management
division in the office of financial management in compiling the
Washington state patrol's data for establishing the agency's risk
management insurance premiums to the tort claims account. The office
of financial management and the Washington state patrol shall submit a
report to the legislative transportation committees by December 31st of
each year on the number of claims, estimated claims to be paid, method
of calculation, and the adjustment in the premium.
(2) (($10,425,000)) $10,181,000 of the total appropriation is
((provided solely)) for automobile fuel in the 2009-11 fiscal biennium.
(3) $7,421,000 of the total appropriation is ((provided solely))
for the purchase of pursuit vehicles.
(4) $6,611,000 of the total appropriation is ((provided solely))
for vehicle repair and maintenance costs of vehicles used for highway
purposes.
(5) $1,724,000 of the total appropriation is ((provided solely))
for the purchase of mission vehicles used for highway purposes in the
commercial vehicle and traffic investigation sections of the Washington
state patrol.
(6) The Washington state patrol may submit information technology-related requests for funding only if the patrol has coordinated with
the department of information services as required under section 601 of
this act.
(((7) $345,000 of the state patrol highway account--state
appropriation is provided solely for the implementation of Engrossed
Substitute House Bill No. 1445 (domestic partners/Washington state
patrol retirement system). If Engrossed Substitute House Bill No. 1445
is not enacted by June 30, 2009, the amount provided in this subsection
shall lapse.))
Sec. 203 2010 c 247 s 210 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . $4,356,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $821,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $143,660,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $944,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $77,898,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,372,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $242,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $4,705,000
Washington State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . $737,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . $1,315,000
TOTAL APPROPRIATION . . . . . . . . . . . . $236,082,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) By November 1, 2009, the department of licensing, working
with the department of revenue, shall analyze and plan for the transfer
by July 1, 2010, of the administration of fuel taxes imposed under
chapters 82.36, 82.38, 82.41, and 82.42 RCW and other provisions of law
from the department of licensing to the department of revenue. By
November 1, 2009, the departments shall report findings and
recommendations to the governor and the transportation and fiscal
committees of the legislature.
(b) The analysis and planning directed under this subsection must
include, but is not limited to, the following:
(i) Outreach to and solicitation of comment from parties affected
by the fuel taxes, including taxpayers, industry associations, state
and federal agencies, and Indian tribes, and from the transportation
and fiscal committees of the legislature; and
(ii) Identification and analysis of relevant factors including, but
not limited to:
(A) Taxpayer reporting and payment processes;
(B) The international fuel tax agreement;
(C) Proportional registration under the provisions of the
international registration plan and chapter 46.87 RCW;
(D) Computer systems;
(E) Best management practices and efficiencies;
(F) Costs; and
(G) Personnel matters.
(2) $55,845,000 of the highway safety account--state appropriation
is ((provided solely)) for the driver examining program. In order to
reduce costs and make the most efficient use of existing resources, the
department may consolidate licensing service offices by closing the
vehicle services counter at the highways licensing building in Olympia
and up to twenty-five licensing service offices.
(a) When closing offices, the department may redistribute staff
from consolidated offices to neighboring offices and local community
supercenters.
(b) In order to mitigate the effects of office consolidations on
customers, the department shall, within existing resources, provide the
following enhanced services:
(i) Extended daily and weekend hours in regional supercenter
offices;
(ii) Staffed greeter stations to improve office work flow; and
(iii) Self-service stations for online transaction access,
including vehicle renewal transactions.
(c) In areas that are not consolidated, the department will work to
reduce costs by identifying opportunities to share facilities with
subagent offices and state, county, or local government offices and by
analyzing hours and days of operation to meet demand.
(d) The department shall work with vehicle licensing subagents
regarding potential placement of self-service driver licensing kiosks
in communities that will be affected by licensing services offices
closures. The department may place kiosks in those subagent offices
where both parties agree, and may pay the subagents the fair market
value for any space used for kiosks.
(e) The department shall report to the joint transportation
committee by November 30, 2009, on the department's consolidation
implementation to date and its plan for continued implementation.
(3) $11,688,000 of the highway safety account--state appropriation
is ((provided solely)) for costs associated with: Issuing enhanced
drivers' licenses and identicards at the enhanced licensing services
offices; extended hours at those licensing services offices; cross-border tourism education; and other education campaigns. This is the
maximum amount the department may expend for this purpose.
(4) $1,315,000 of the ignition interlock device revolving account--state appropriation is provided solely for the department to assist
indigent persons with the costs of installing, removing, and leasing
the device, and applicable licensing pursuant to RCW 46.68.340.
(5) By December 31, 2009, the department shall report to the office
of financial management and the transportation committees of the
legislature a cost-benefit analysis of leasing versus purchasing field
office equipment.
(6) By December 31, 2009, the department shall submit to the office
of financial management and the transportation committees of the
legislature draft legislation that rewrites RCW 46.52.130 (driving
record abstracts) in plain language.
(7) The department may seek federal funds to implement a driver's
license and identicard biometric matching system pilot program to
verify the identity of applicants for, and holders of, drivers'
licenses and identicards. If funds are received, the department shall
report any benefits or problems identified during the course of the
pilot program to the transportation committees of the legislature upon
the completion of the program.
(8) The department may submit information technology-related
requests for funding only if the department has coordinated with the
department of information services as required under section 601 of
this act.
(9) Consistent with the authority delegated to the director of
licensing under RCW 46.01.100, the department may adopt a new
organizational structure that includes the following programs: (a)
Driver and vehicle services, which must encompass services relating to
driver licensing customers, vehicle industry and fuel tax licensees,
and vehicle and vessel licensing and registration; and (b) driver
policy and programs, which must encompass policy development for all
driver-related programs, including driver examining, driver records,
commercial driver's license testing and auditing, driver training
schools, motorcycle safety, technical services, hearings, driver
special investigations, drivers' data management, central issuance
contract management, and state and federal initiatives.
(10) The legislature finds that measuring the performance of the
department requires the measurement of quality, timeliness, and unit
cost of services delivered to customers. Consequently:
(a) The department shall develop a set of metrics that measure that
performance and report to the transportation committees of the house of
representatives and the senate and to the office of financial
management on the development of these measurements along with
recommendations to the 2010 legislature on which measurements must
become a part of the next omnibus transportation appropriations act;
(b) The department shall study the process in place at the
licensing services office and present to the 2010 legislature
recommendations for process changes to improve efficiencies for both
the department and the customer; and
(c) The department shall, on a quarterly basis, report to the
transportation committees of the legislature the following monthly data
by licensing service office locations: (i) Lease costs; (ii) salary
and benefit costs; (iii) other costs; (iv) actual FTEs; (v) number of
transactions completed, by type of transaction; and (vi) office hours.
(11) $25,000 of the motor vehicle account-–state appropriation is
((provided solely)) for the department to provide to at least five
hundred limousine chauffeurs an overview of the laws and rules
governing limousine carriers.
(12) $938,000 of the highway safety account--federal appropriation
is for federal funds that may be received during the 2009-11 fiscal
biennium. Upon receipt of the funds, the department shall provide a
report on the use of the funds to the transportation committees of the
legislature and the office of financial management.
(13) $869,000 of the department of licensing services account--state appropriation is ((provided solely)) for purchasing equipment for
the field licensing service offices and subagent offices.
Sec. 204 2010 c 247 s 211 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND MAINTENANCE--PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . (($2,852,000))
$2,727,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($575,000))
$510,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . $26,543,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $28,000,000
State Route Number 520 Civil Penalties
Account--State Appropriation . . . . . . . . . . . . $2,130,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($60,100,000))
$59,910,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall make detailed quarterly expenditure
reports available to the transportation commission and to the public on
the department's web site using current department resources. The
reports must include a summary of revenue generated by tolls on the
Tacoma Narrows bridge and an itemized depiction of the use of that
revenue.
(2) The department shall work with the office of financial
management to review insurance coverage, deductibles, and limitations
on tolled facilities to assure that the assets are well protected at a
reasonable cost. Results from this review must be used to negotiate
any future new or extended insurance agreements.
(3) $28,000,000 of the state route number 520 corridor account--state appropriation is provided solely for the costs directly related
to tolling the state route number 520 floating bridge. ((Of this
amount, $8,000,000 must be retained in unallotted status, and may only
be released by the office of financial management after consultation
with the joint transportation committee.))
(4) The department shall consider transitioning to all electronic
tolling on the Tacoma Narrows bridge toll facility and discontinuing a
cash toll option.
(5) $2,130,000 of the state route number 520 civil penalties
account--state appropriation and $140,000 of the Tacoma Narrows toll
bridge account--state appropriation are provided solely for
expenditures related to the toll adjudication process. The amount
provided in this subsection is contingent on the enactment by June 30,
2010, of either Engrossed Substitute Senate Bill No. 6499 or Substitute
House Bill No. 2897; however, if the enacted bill does not specify the
department as the toll penalty adjudicating agency, the amounts
provided in this subsection lapse.
(6) The department shall review, and revise where appropriate,
current signage and ingress/egress locations on the state route number
167 high occupancy toll lanes pilot project. The department shall
continue to work with the Washington state patrol on educating the
public on the rules of the road related to crossing a double white
line. The department shall continue to monitor the performance of the
high occupancy toll lanes to ensure that driving conditions for high
occupancy vehicles that share these lanes are not significantly
changed.
Sec. 205 2010 c 247 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM
C
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $2,675,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($68,650,000))
$67,550,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $240,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $2,676,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($74,604,000))
$73,504,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall consult with the office of financial
management and the department of information services to: (a) Ensure
that the department's current and future system development is
consistent with the overall direction of other key state systems; and
(b) when possible, use or develop common statewide information systems
to encourage coordination and integration of information used by the
department and other state agencies and to avoid duplication.
(2) $1,216,000 of the transportation partnership account--state
appropriation and $1,216,000 of the transportation 2003 account (nickel
account)--state appropriation are provided solely for the department to
develop a project management and reporting system which is a collection
of integrated tools for capital construction project managers to use to
perform all the necessary tasks associated with project management.
The department shall integrate commercial off-the-shelf software with
existing department systems and enhanced approaches to data management
to provide web-based access for multi-level reporting and improved
business work flows and reporting. On a quarterly basis, the
department shall report to the office of financial management and the
transportation committees of the legislature on the status of the
development and integration of the system. At a minimum, the reports
shall indicate the status of the work as it compares to the work plan,
any discrepancies, and proposed adjustments necessary to bring the
project back on schedule or budget if necessary.
(3) The department may submit information technology-related
requests for funding only if the department has coordinated with the
department of information services as required under section 601 of
this act.
(4) $573,000 of the motor vehicle account--state appropriation is
provided solely for the department to maintain the investment in the
electronic fare system at Washington's ferry terminals. Investment in
the electronic fare system must include the following: Replacement of
critical hardware components that are at risk of failure;
implementation of software to allow ORCA cards to be used for vehicles;
repair of the turnstiles to ensure that the turnstiles properly record
ORCA credit and debit card charges; and dedication of a communication
line for transmission of ORCA data to the clearinghouse.
Sec. 206 2010 c 247 s 213 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS
AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,292,000))
$24,642,000
Sec. 207 2010 c 247 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($5,960,000))
$5,760,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,110,000))
$7,910,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $50,000 of the aeronautics account--state appropriation is a
reappropriation provided solely to pay any outstanding obligations of
the aviation planning council, which expires July 1, 2009.
(2) $150,000 of the aeronautics account--state appropriation is a
reappropriation provided solely to complete runway preservation
projects.
(3) Within the amounts provided in this section, the department
shall develop guidelines setting forth consultation procedures and a
process to assist counties and cities to identify land uses that may be
incompatible with airports and aircraft operations, and to encourage
and facilitate the adoption and implementation of comprehensive plan
policies and development regulations consistent with RCW 36.70.547 and
36.70A.510.
Sec. 208 2010 c 247 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND
SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($49,331,000))
$45,230,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($50,081,000))
$45,980,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall develop a plan for all current and future
surplus property parcels based on the recommendations from the surplus
property legislative work group that were presented to the senate
transportation committee on February 26, 2009. The plan must include,
at a minimum, strategies for maximizing the number of parcels sold, a
schedule that optimizes proceeds, a recommended cash discount, a plan
to report to the joint transportation committee, a recommendation for
regional incentives, and a recommendation for equivalent value
exchanges. This plan must accompany the department's 2010 supplemental
budget request. If the department determines that all or a portion of
real property or an interest in real property that was acquired through
condemnation within the previous ten years is no longer necessary for
a transportation purpose, the former owner has a right of repurchase as
described in this subsection. For the purposes of this subsection,
"former owner" means the person or entity from whom the department
acquired title. At least ninety days prior to the date on which the
property is intended to be sold by the department, the department must
mail notice of the planned sale to the former owner of the property at
the former owner's last known address or to a forwarding address if
that owner has provided the department with a forwarding address. If
the former owner of the property's last known address, or forwarding
address if a forwarding address has been provided, is no longer the
former owner of the property's address, the right of repurchase is
extinguished. If the former owner notifies the department within
thirty days of the date of the notice that the former owner intends to
repurchase the property, the department shall proceed with the sale of
the property to the former owner for fair market value and shall not
list the property for sale to other owners. If the former owner does
not provide timely written notice to the department of the intent to
exercise a repurchase right, or if the sale to the former owner is not
completed within seven months of the date of notice that the former
owner intends to repurchase the property, the right of repurchase is
extinguished. By December 1, 2010, the department shall report to the
legislative transportation committees on the individuals and entities
eligible to receive surplus property provided in RCW 47.12.063 to
determine the frequency with which the department transfers property to
those individuals and entities and the implications to the department.
It is the intent of the legislature that the list of individuals and
entities eligible to receive surplus property be periodically evaluated
to determine whether the list is appropriate and provides utility to
the department.
(2) The legislature recognizes that the Dryden pit site (WSDOT
Inventory Control (IC) No. 2-04-00103) is unused state-owned real
property under the jurisdiction of the department of transportation,
and that the public would benefit significantly from the complete
enjoyment of the natural scenic beauty and recreational opportunities
available at the site. Therefore, pursuant to RCW 47.12.080, the
legislature declares that transferring the property to the department
of fish and wildlife for recreational use and fish and wildlife
restoration efforts is consistent with the public interest in order to
preserve the area for the use of the public and the betterment of the
natural environment. The department of transportation shall 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, 2010, and annually
thereafter until the entire Dryden pit property has been transferred,
the department shall submit a status report regarding the transaction
to the chairs of the legislative transportation committees.
(((5))) (3) $750,000 of the motor vehicle account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit.
(4) The department shall provide updated information on six project
milestones for all active projects, funded in part or in whole with
2005 transportation partnership account funds or 2003 nickel account
funds, on a quarterly basis in the transportation executive information
system (TEIS). The department shall also provide updated information
on six project milestones for projects, funded with preexisting funds
and that are agreed to by the legislature, office of financial
management, and the department, on a quarterly basis in TEIS.
Sec. 209 2010 c 247 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM
K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($673,000))
$643,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($200,000))
$150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($873,000))
$793,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($200,000)) $150,000 of the multimodal transportation
account--state appropriation is provided solely for the department to
develop and implement public private partnerships at high priority
terminals as identified in the January 12, 2009, final report on joint
development opportunities at Washington state ferries terminals. The
department shall first consider a mutually beneficial agreement at the
Edmonds terminal.
(2) $50,000 of the motor vehicle account--state appropriation is
provided solely for the department to investigate the potential to
generate revenue from web site sponsorships and similar ventures and,
if feasible, pursue partnership opportunities.
(3) (($75,000)) $45,000 of the motor vehicle account--state
appropriation is provided solely for the implementation of a pilot
project allowing advertisements and sponsorships on select web pages.
The pilot project must be organized under the partnership model
described in the department's web site monetizing feasibility study,
which was prepared under subsection (2) of this section. Once
operational, the pilot project must operate for at least twelve
consecutive months. After twelve months of continuous operation, the
department shall provide a report with recommendations on whether to
continue project operations to the office of financial management and
the chairs of the transportation committees. The department may end
the pilot project after less than twelve consecutive months of
operation if insufficient bids or proposals are received from potential
sponsors or advertisers. For the purpose of this subsection, if a
consultant contract is warranted, the consultant contract is deemed a
revenue generation activity as that term is construed in section
602(2), chapter 3, Laws of 2010.
Sec. 210 2010 c 247 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($51,128,000))
$49,728,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $127,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($53,305,000))
$51,905,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,400,000 of the motor vehicle account--state appropriation is
provided solely for low-cost enhancements. The department shall give
priority to low-cost enhancement projects that improve safety or
provide congestion relief. The department shall prioritize low-cost
enhancement projects on a statewide rather than regional basis. By
September 1st of each even-numbered year, the department shall provide
a report to the legislature listing all low-cost enhancement projects
prioritized on a statewide rather than regional basis completed in the
prior year.
(2) The department, in consultation with the Washington state
patrol, may continue a pilot program for the patrol to issue
infractions based on information from automated traffic safety cameras
in roadway construction zones on state highways. For the purpose of
this pilot program, during the 2009-11 fiscal biennium, a roadway
construction zone includes areas where public employees or private
contractors are not present but where a driving condition exists that
would make it unsafe to drive at higher speeds, such as, when the
department is redirecting or realigning lanes on any public roadway
pursuant to ongoing construction. The department shall use the
following guidelines to administer the program:
(a) Automated traffic safety cameras may only take pictures of the
vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle;
(b) The department shall plainly mark the locations where the
automated traffic safety cameras are used by placing signs on locations
that clearly indicate to a driver that he or she is entering a roadway
construction zone where traffic laws are enforced by an automated
traffic safety camera;
(c) Notices of infractions must be mailed to the registered owner
of a vehicle within fourteen days of the infraction occurring;
(d) The owner of the vehicle is not responsible for the violation
if the owner of the vehicle, within fourteen days of receiving
notification of the violation, mails to the patrol, a declaration under
penalty of perjury, stating that the vehicle involved was, at the time,
stolen or in the care, custody, or control of some person other than
the registered owner, or any other extenuating circumstances;
(e) For purposes of the 2009-11 fiscal biennium pilot program,
infractions detected through the use of automated traffic safety
cameras are not part of the registered owner's driving record under RCW
46.52.101 and 46.52.120. Additionally, infractions generated by the
use of automated traffic safety cameras must be processed in the same
manner as parking infractions for the purposes of RCW 3.50.100,
35.20.220, 46.16.216, and 46.20.270(3). However, the amount of the
fine issued under this subsection (2) for an infraction generated
through the use of an automated traffic safety camera is one hundred
thirty-seven dollars. The court shall remit thirty-two dollars of the
fine to the state treasurer for deposit into the state patrol highway
account; and
(f) If a notice of infraction is sent to the registered owner and
the registered owner is a rental car business, the infraction must be
dismissed against the business if it mails to the patrol, within
fourteen days of receiving the notice, a declaration under penalty of
perjury of the name and known mailing address of the individual driving
or renting the vehicle when the infraction occurred. If the business
is unable to determine who was driving or renting the vehicle at the
time the infraction occurred, the business must sign a declaration
under penalty of perjury to this effect. The declaration must be
mailed to the patrol within fourteen days of receiving the notice of
traffic infraction. Timely mailing of this declaration to the issuing
agency relieves a rental car business of any liability under this
section for the notice of infraction. A declaration form suitable for
this purpose must be included with each automated traffic infraction
notice issued, along with instructions for its completion and use.
(3) The department shall implement a pilot project to evaluate the
benefits of using electronic traffic flagging devices. Electronic
traffic flagging devices must be tested by the department at multiple
sites and reviewed for efficiency and safety. The department shall
report to the transportation committees of the legislature on the best
use and practices involving electronic traffic flagging devices,
including recommendations for future use, by June 30, 2010.
(4) $173,000 of the motor vehicle account--state appropriation is
provided solely for the department to continue a pilot tow truck
incentive program and to expand the program to other areas of the
state. The department may provide incentive payments to towing
companies that meet clearance goals on accidents that involve heavy
trucks. The department shall report to the office of financial
management and the transportation committees of the legislature on the
effectiveness of the clearance goals and submit recommendations to
improve the pilot program with the department's 2010 supplemental
omnibus transportation appropriations act submittal. The tow truck
incentive program may continue to provide incentives for quick
clearance of traffic incidents involving large vehicles. The
department shall make recommendations as part of its biennial budget
proposal for expanding the use of the incentive program.
(5) $92,000 of the motor vehicle account--state appropriation is
((provided solely)) for operating a new active traffic management
system on Interstate 5, Interstate 90, and SR 520. The department
shall track the costs associated with these systems on a corridor basis
and report to the legislative transportation committees on the cost and
benefits of the system.
(6) To the extent practicable, the department shall synchronize
traffic lights on state route number 161 in the vicinity of Puyallup.
(7) During the 2009-11 biennium, the department shall implement a
pilot program that expands private transportation providers' access to
high occupancy vehicle lanes. Under the pilot program, when the
department reserves a portion of a highway based on the number of
passengers in a vehicle, the following vehicles must be authorized to
use the reserved portion of the highway if the vehicle has the capacity
to carry eight or more passengers, regardless of the number of
passengers in the vehicle: (a) Auto transportation company vehicles
regulated under chapter 81.68 RCW; (b) passenger charter carrier
vehicles regulated under chapter 81.70 RCW, except marked or unmarked
stretch limousines and stretch sport utility vehicles as defined under
department rules; (c) private nonprofit transportation provider
vehicles regulated under chapter 81.66 RCW; and (d) private employer
transportation service vehicles. For purposes of this subsection,
"private employer transportation service" means regularly scheduled,
fixed-route transportation service that is offered by an employer for
the benefit of its employees. By June 30, 2011, the department shall
report to the transportation committees of the legislature on whether
private transportation provider use of high occupancy vehicle lanes
under the pilot program reduces the speeds of high occupancy vehicle
lanes. Nothing in this subsection is intended to authorize the
conversion of public infrastructure to private, for-profit purposes or
to otherwise create an entitlement or other claim by private users to
public infrastructure.
Sec. 211 2010 c 247 s 219 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND
SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($28,468,000))
$27,968,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $971,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $264,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($29,733,000))
$29,233,000
The appropriations in this section are subject to the following
conditions and limitations: $264,000 of the state route number 520
corridor account--state appropriation is provided solely for the costs
directly related to tolling the state route number 520 floating bridge.
This amount must be retained in unallotted status, and may only be
released by the office of financial management after consultation with
the joint transportation committee.
Sec. 212 2010 c 247 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA,
AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,955,000))
$25,385,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $22,002,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $1,090,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $3,287,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $99,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($52,433,000))
$51,863,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $150,000 of the motor vehicle account--federal appropriation is
provided solely for the costs to develop an electronic map-based
computer application that will enable law enforcement officers and
others to more easily locate collisions and other incidents in the
field.
(2) $400,000 of the multimodal transportation account--state
appropriation is provided solely for a diesel multiple unit feasibility
and initial planning study. The study must evaluate potential service
on the Stampede Pass line from Maple Valley to Auburn via Covington.
The study must evaluate the potential demand for service, the business
model and capital needs for launching and running the line, and the
need for improvements in switching, signaling, and tracking. The study
must also consider the interconnectivity benefits of, and potential
for, future Amtrak Cascades stops in south King county and north Pierce
county. As part of its consideration, the department shall conduct a
thorough market analysis of the potential for adding or changing stops
on the Amtrak Cascades route. The department shall amend the scope,
schedule, and budget of the current study process to accommodate the
market analysis. A report on the study must be submitted to the
legislature by September 30, 2010.
(3) $365,000 of the motor vehicle account--state appropriation and
$81,000 of the motor vehicle account--federal appropriation are
provided solely for the development of a freight database to help guide
freight investment decisions and track project effectiveness. The
database must be based on truck movement tracked through geographic
information system technology. For the remainder of the biennium, the
department may expand data collection to any highways that have high
truck volumes. TransNow shall contribute additional federal funds that
are not appropriated in this act. The department shall work with the
freight mobility strategic investment board to implement this database.
(4) $2,000,000 of the motor vehicle account--state appropriation is
provided solely for scoping unfunded state highway projects to ensure
that a well-vetted project list is available for future program funding
discussions.
(a) It is the intent of the legislature that the funding provided
in this subsection support the development of transportation solutions
that benefit all state residents, including addressing the impacts of
traffic diversion from tolled facilities. It is further the intent of
the legislature that the buying power of future revenue packages is
maximized.
(b) Scoping work must be consistent with achieving transportation
system policy goals as stated in RCW 47.04.280.
(c) The department shall provide cost-effective design solutions
that achieve the desired functional outcomes. This may be achieved by
providing one or more design alternatives for legislative
consideration, based on a reasonable range of assumptions about traffic
volume and speeds.
(d) Prior to the commencement of the 2011 legislative session, the
department shall provide a report to the legislative transportation
committees and the office of financial management that includes
estimated costs and construction time frames.
(5) (($150,000)) $80,000 of the motor vehicle account--state
appropriation is provided solely for a corridor study of state route
number 516 from the eastern border of Maple Valley to state route
number 167 to determine whether improvements are needed and the costs
of any needed improvements.
(6) $500,000 of the multimodal transportation account--federal
appropriation is provided solely for continued support of the
International Mobility and Trade Corridor project and for the
department to work with the Whatcom council of governments to examine
potential improvements to international border freight and passenger
rail movement and the use of diesel multiple units.
(7) $80,000 of the motor vehicle account--state appropriation is
provided solely to continue existing work regarding feasibility of a
new interchange between Rochester and Harrison Avenue on Interstate 5.
Sec. 213 2010 c 247 s 221 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM
V
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . (($65,274,000))
$56,332,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($65,667,000))
$65,547,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,573,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,025,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($134,539,000))
$125,477,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $25,000,000 of the multimodal transportation account -- state
appropriation is provided solely for a grant program for special needs
transportation provided by transit agencies and nonprofit providers of
transportation.
(a) $5,500,000 of the amount provided in this subsection is
provided solely for grants to nonprofit providers of special needs
transportation. Grants for nonprofit providers shall be based on need,
including the availability of other providers of service in the area,
efforts to coordinate trips among providers and riders, and the cost
effectiveness of trips provided.
(b) $19,500,000 of the amount provided in this subsection is
provided solely for grants to transit agencies to transport persons
with special transportation needs. To receive a grant, the transit
agency must have a maintenance of effort for special needs
transportation that is no less than the previous year's maintenance of
effort for special needs transportation. Grants for transit agencies
shall be prorated based on the amount expended for demand response
service and route deviated service in calendar year 2007 as reported in
the "Summary of Public Transportation - 2007" published by the
department of transportation. No transit agency may receive more than
thirty percent of these distributions.
(2) Funds are provided for the rural mobility grant program as
follows:
(a) $8,500,000 of the multimodal transportation account -- state
appropriation is provided solely for grants for those transit systems
serving small cities and rural areas as identified in the "Summary of
Public Transportation - 2007" published by the department of
transportation. Noncompetitive grants must be distributed to the
transit systems serving small cities and rural areas in a manner
similar to past disparity equalization programs.
(b) $8,500,000 of the multimodal transportation account -- state
appropriation is provided solely to providers of rural mobility service
in areas not served or underserved by transit agencies through a
competitive grant process.
(3) $7,000,000 of the multimodal transportation account--state
appropriation is provided solely for a vanpool grant program for: (a)
Public transit agencies to add vanpools or replace vans; and (b)
incentives for employers to increase employee vanpool use. The grant
program for public transit agencies will cover capital costs only;
operating costs for public transit agencies are not eligible for
funding under this grant program. Additional employees may not be
hired from the funds provided in this section for the vanpool grant
program, and supplanting of transit funds currently funding vanpools is
not allowed. The department shall encourage grant applicants and
recipients to leverage funds other than state funds. At least
$1,600,000 of this amount must be used for vanpool grants in congested
corridors.
(4) (($400,000)) $280,000 of the multimodal transportation
account--state appropriation is provided solely for a grant for a
flexible carpooling pilot project program to be administered and
monitored by the department. Funds are appropriated for one time only.
The pilot project program must: Test and implement at least one
flexible carpooling system in a high-volume commuter area that enables
carpooling without prearrangement; utilize technologies that, among
other things, allow for transfer of ride credits between participants;
and be a membership system that involves prescreening to ensure safety
of the participants. The program must include a pilot project that
targets commuter traffic on the state route number 520 bridge. The
department shall submit to the legislature by December 2010 a report on
the program results and any recommendations for additional flexible
carpooling programs.
(5) $3,318,000 of the multimodal transportation account--state
appropriation and (($21,248,000)) $17,778,000 of the regional mobility
grant program account--state appropriation are reappropriated and
provided solely for the regional mobility grant projects identified on
the LEAP Transportation Document 2007-B, as developed April 20, 2007,
or the LEAP Transportation Document 2006-D, as developed March 8, 2006.
The department shall continue to review all projects receiving grant
awards under this program at least semiannually to determine whether
the projects are making satisfactory progress. The department shall
promptly close out grants when projects have been completed, and any
remaining funds available to the office of transit mobility must be
used only to fund projects on the LEAP Transportation Document 2006-D,
as developed March 8, 2006; the LEAP Transportation Document 2007-B, as
developed April 20, 2007; or the LEAP Transportation Document 2009-B,
as developed April 24, 2009. It is the intent of the legislature to
appropriate funds through the regional mobility grant program only for
projects that will be completed on schedule. However, the Chuckanut
park and ride project (101100G) is recognized as a crucial investment
in the transportation system. For this reason, the department shall
not close out the grant for the Chuckanut park and ride project until
Skagit transit has exhausted all other pending opportunities for
federal and local funds. If additional funds cannot be secured, the
department shall consider this project a priority in the 2011-13 grant
process. The department shall make every effort to advance the
Chuckanut park and ride project within existing resources.
(6) (($33,429,000)) $32,882,000 of the regional mobility grant
program account--state appropriation is provided solely for the
regional mobility grant projects identified in LEAP Transportation
Document 2009-B, as developed April 24, 2009. The department shall
review all projects receiving grant awards under this program at least
semiannually to determine whether the projects are making satisfactory
progress. Any project that has been awarded funds, but does not report
activity on the project within one year of the grant award, must be
reviewed by the department to determine whether the grant should be
terminated. The department shall promptly close out grants when
projects have been completed, and any remaining funds available to the
office of transit mobility must be used only to fund projects
identified in LEAP Transportation Document 2009-B, as developed April
24, 2009. The department shall provide annual status reports on
December 15, 2009, and December 15, 2010, to the office of financial
management and the transportation committees of the legislature
regarding the projects receiving the grants. It is the intent of the
legislature to appropriate funds through the regional mobility grant
program only for projects that will be completed on schedule.
(7) (($10,596,768)) $5,671,768 of the regional mobility grant
program account--state appropriation must be obligated no later than
December 31, 2010, and is provided solely for the following recommended
contingency regional mobility grant projects identified in the 2009-11
omnibus transportation appropriations act, LEAP Transportation Document
2009-B, as developed April 24, 2009, as follows:
(a) (($4,000,000)) $975,000 is provided solely for the
Rainier/Jackson transit priority corridor improvements;
(b) (($2,100,000)) $200,000 is provided solely for the state route
number 522 west city limits to Northeast 180th stage 2A (91st Ave NE to
west of 96th Ave NE) project; and
(c) $4,496,768 is provided solely for the sound transit express bus
expansion - Snohomish to King county project.
(8) $300,000 of the multimodal transportation account--state
appropriation is provided solely for a transportation demand management
program, developed by the Whatcom council of governments, to further
reduce drive-alone trips and maximize the use of sustainable
transportation choices. The community-based program must focus on all
trips, not only commute trips, by providing education, assistance, and
incentives to four target audiences: (a) Large work sites; (b)
employees of businesses in downtown areas; (c) school children; and (d)
residents of Bellingham.
(9) $130,000 of the multimodal transportation account-- state
appropriation is provided solely to the department to distribute to
support Engrossed Substitute House Bill No. 2072 (special needs
transportation).
(a) $80,000 of the amount provided in this subsection is provided
solely for implementation of the work group related to federal
requirements in section 1, chapter . . . (Engrossed Substitute House
Bill No. 2072), Laws of 2009.
(b) $50,000 of the amount provided in this subsection is provided
solely to support the pilot project to be developed or implemented by
the local coordinating coalition comprised of a single county,
described in sections 9, 10, and 11, chapter . . . (Engrossed
Substitute House Bill No. 2072), Laws of 2009. The department shall
assist the local coordinating coalition to seek funding sufficient to
fully fund the pilot project from a variety of sources including, but
not limited to, the regional transit authority serving the county, the
regional transportation planning organization serving the county, and
other appropriate state and federal agencies and grants. Development
or implementation of the pilot project is contingent on securing
funding sufficient to fully fund the pilot project.
(c) If Engrossed Substitute House Bill No. 2072 is not enacted by
June 30, 2009, the amount provided in this subsection (9) lapses. If
Engrossed Substitute House Bill No. 2072 is enacted by June 30, 2009,
but a commitment from other sources to fully fund the pilot project
described in (b) of this subsection has not been obtained by September
30, 2009, the amount provided in (b) of this subsection lapses.
(10) Funds provided for the commute trip reduction program may also
be used for the growth and transportation efficiency center program.
(11) An affected urban growth area that has not previously
implemented a commute trip reduction program is exempt from the
requirements in RCW 70.94.527 if a solution to address the state
highway deficiency that exceeds the person hours of delay threshold has
been funded and is in progress during the 2009-11 fiscal biennium.
(12) $2,309,000 of the multimodal transportation account--state
appropriation is provided solely for the tri-county connection service
for Island, Skagit, and Whatcom transit agencies.
Sec. 214 2010 c 247 s 222 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($425,922,000))
$438,873,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) (($78,754,952)) $88,452,952 of the Puget Sound ferry operations
account--state appropriation is provided solely for auto ferry vessel
operating fuel in the 2009-11 fiscal biennium. This appropriation is
contingent upon the enactment of sections 716 and 701 of this act. All
fuel purchased by the Washington state ferries at Harbor Island truck
terminal for the operation of the Washington state ferries diesel
powered vessels must be a minimum of five percent biodiesel blend so
long as the per gallon price of diesel containing a five percent
biodiesel blend level does not exceed the per gallon price of diesel by
more than five percent.
(2) To protect the waters of Puget Sound, the department shall
investigate nontoxic alternatives to fuel additives and other
commercial products that are used to operate, maintain, and preserve
vessels.
(3) If, after the department's review of fares and pricing
policies, the department proposes a fuel surcharge, the department must
evaluate other cost savings and fuel price stabilization strategies
that would be implemented before the imposition of a fuel surcharge.
The department shall report to the legislature and transportation
commission on its progress of implementing new fuel forecasting and
budgeting practices, price hedging contracts for fuel purchases, and
fuel conservation strategies by November 30, 2010.
(4) The department shall strive to significantly reduce the number
of injuries suffered by Washington state ferries employees. By
December 15, 2009, the department shall submit to the office of
financial management and the transportation committees of the
legislature its implementation plan to reduce such injuries.
(5) The department shall continue to provide service to Sidney,
British Columbia. The department may place a Sidney terminal departure
surcharge on fares for out of state residents riding the Washington
state ferry route that runs between Anacortes, Washington and Sidney,
British Columbia, if the cost for landing/license fee, taxes, and
additional amounts charged for docking are in excess of $280,000 CDN.
The surcharge must be limited to recovering amounts above $280,000 CDN.
(6) The department shall analyze operational solutions to enhance
service on the Bremerton to Seattle ferry run. The Washington state
ferries shall report its analysis to the transportation committees of
the legislature by December 1, 2009.
(7) The office of financial management budget instructions require
agencies to recast enacted budgets into activities. The Washington
state ferries shall include a greater level of detail in its 2011-13
omnibus transportation appropriations act request, as determined
jointly by the office of financial management, the Washington state
ferries, and the legislative transportation committees.
(8) (($4,794,000)) $6,116,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for commercial
insurance for ferry assets. The office of financial management, after
consultation with the transportation committees of the legislature,
must present a business plan for the Washington state ferry system's
insurance coverage to the 2010 legislature. The business plan must
include a cost-benefit analysis of Washington state ferries' current
commercial insurance purchased for ferry assets and a review of self-insurance for noncatastrophic events.
(9) $1,100,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for a marketing program. The
department shall present a marketing program proposal to the
transportation committees of the legislature during the 2010
legislative session before implementing this program. Of this amount,
$10,000 is for the city of Port Townsend and $10,000 is for the town of
Coupeville for mitigation expenses related to only one vessel operating
on the Port Townsend/Keystone ferry route. The moneys provided to the
city of Port Townsend and town of Coupeville are not contingent upon
the required marketing proposal.
(10) $350,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for two extra trips per day during the
summer of 2009 season, beyond the current schedule, on the Port
Townsend/Keystone route.
(11) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(12) The legislature finds that measuring the performance of
Washington state ferries requires the measurement of quality,
timeliness, and unit cost of services delivered to customers.
Consequently, the department must develop a set of metrics that measure
that performance and report to the transportation committees of the
legislature and to the office of financial management on the
development of these measurements along with recommendations to the
2010 legislature on which measurements must become a part of the next
omnibus transportation appropriations act.
(13) As a priority task, the department is directed to propose a
comprehensive incident and accident investigation policy and
appropriate procedures, and to provide the proposal to the legislature
by November 1, 2009, using existing resources and staff expertise. In
addition to consulting with ferry system unions and the United States
coast guard, the Washington state ferries is encouraged to solicit
independent outside expertise on incident and accident investigation
best practices as they may be found in other organizations with a
similar concern for marine safety. It is the intent of the legislature
to enact the policies into law and to publish that law and procedures
as a manual for Washington state ferries' accident/incident
investigations. Until that time, the Washington state ferry system
must exercise particular diligence to assure that any incident or
accident investigations are conducted within the spirit of the
guidelines of this act. The proposed policy must contain, at a
minimum:
(a) The definition of an incident and an accident and the type of
investigation that is required by both types of events;
(b) The process for appointing an investigating officer or officers
and a description of the authorities and responsibilities of the
investigating officer or officers. The investigating officer or
officers must:
(i) Have the appropriate training and experience as determined by
the policy;
(ii) Not have been involved in the incident or accident so as to
avoid any conflict of interest;
(iii) Have full access to all persons, records, and relevant
organizations that may have information about or may have contributed
to, directly or indirectly, the incident or accident under
investigation, in compliance with any affected employee's or employees'
respective collective bargaining agreement and state laws and rules
regarding public disclosure under chapter 42.56 RCW;
(iv) Be provided with, if requested by the investigating officer or
officers, appropriate outside technical expertise; and
(v) Be provided with staff and legal support by the Washington
state ferries as may be appropriate to the type of investigation;
(c) The process of working with the affected employee or employees
in accordance with the employee's or employees' respective collective
bargaining agreement and the appropriate union officials, within
protocols afforded to all public employees;
(d) The process by which the United States coast guard is kept
informed of, interacts with, and reviews the investigation;
(e) The process for review, approval, and implementation of any
approved recommendations within the department; and
(f) The process for keeping the public informed of the
investigation and its outcomes, in compliance with any affected
employee's or employees' respective collective bargaining agreement and
state laws and rules regarding public disclosure under chapter 42.56
RCW.
(14) $7,300,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the purposes of travel time
associated with Washington state ferries employees. However, if
Engrossed Substitute House Bill No. 3209 (managing costs of ferry
system) is enacted by June 30, 2010, containing an appropriation for
purposes of travel time associated with Washington state ferries
employees, the amount provided in this subsection lapses.
(15) $50,000 of the Puget Sound ferry operations account--state
appropriation is provided solely to implement a mechanism to report on-time performance statistics.
(a) The department shall conduct a study to identify process
changes that would improve on-time performance on a route-by-route
basis. The study must include looking into the slowing down of vessels
for fuel economy purposes and touch-and-go sailings on peak runs. The
department shall report its findings to the transportation committees
of the senate and house of representatives by December 1, 2010.
(b) The department shall, by November 1, 2010, report to the
transportation committees of the legislature statistics regarding its
on-time arrival and departure status on a route-by-route and month-by-month basis, as well as an annual route-by-route and systemwide basis,
weighted by the number of customers on each sailing and distinguishing
peak period on-time performance. The statistics must include reasons
for any delays over ten minutes from the scheduled time. The
statistics must be prominently displayed on the Washington state
ferries' web site. Each Washington state ferries vessel and terminal
must prominently display the statistics as they relate to their
specific route.
(16) The department shall investigate outsourcing the call center
functions planned for the ferry reservation system and report its
findings to the transportation committees of the senate and house of
representatives by December 15, 2010.
(17) By July 1, 2010, the department shall provide to the governor
and the transportation committees of the senate and house of
representatives a listing of all benefits that Washington state ferries
union employees receive that other state employees do not traditionally
receive. The listing must include any costs associated with these
benefits.
NEW SECTION. Sec. 215 The appropriations to the department of
transportation in chapter 247, Laws of 2010 and this act must be
expended for the programs and in the amounts specified in this act.
However, after May 1, 2011, unless specifically prohibited, the
department may transfer state appropriations for the 2009-2011 fiscal
biennium among operating programs after approval by the director of the
office of financial management. However, the department shall not
transfer state moneys that are provided solely for a specific purpose.
The department shall not transfer funds, and the director of the office
of financial management shall not approve the transfer unless the
transfer is consistent with the objective of conserving, to the maximum
extent possible, the expenditure of state funds and not federal funds.
The director of the office of financial management shall notify the
appropriate transportation committees of the legislature prior to
approving any allotment modifications or transfers under this section.
The written notification must include a narrative explanation and
justification of the changes, along with expenditures and allotments by
program and appropriation, both before and after any allotment
modifications or transfers.
Sec. 301 2010 c 247 s 301 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($73,000,000))
$54,400,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,048,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($31,400,000))
$30,400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($105,448,000))
$85,848,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,048,000 of the motor vehicle account--state appropriation
may be used for county ferry projects as developed pursuant to RCW
47.56.725(4).
(2) The appropriations in this section include funding to counties
to assist them in efforts to recover from federally declared
emergencies, by providing capitalization advances and local match for
federal emergency funding as determined by the county road
administration board. The county road administration board shall
specifically identify any such selected projects and shall include
information concerning such selected projects in its next annual report
to the legislature.
(3) $22,000,000 of the rural arterial trust account--state
appropriation is provided solely for additional grants for county road
projects as approved by the county road administration board.
Sec. 302 2010 c 247 s 302 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . $3,927,000
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $123,900,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $81,643,000
TOTAL APPROPRIATION . . . . . . . . . . . . $209,470,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The transportation improvement account--state appropriation
includes up to $7,143,000 in proceeds from the sale of bonds authorized
in RCW 47.26.500.
(2) The urban arterial trust account--state appropriation includes
up to (($7,143,000)) $15,000,000 in proceeds from the sale of bonds
authorized in RCW 47.26.420.
Sec. 303 2009 c 470 s 305 (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 . . . . . . . . . . . . (($4,810,000))
$4,623,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $1,198,000 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) (($3,612,000)) $3,425,000 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. This includes the
administrative costs associated with those projects and the
reconstruction of the Wandermere facility that was destroyed in the
2008-09 winter storms.
Sec. 304 2010 c 247 s 303 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($98,000))
$2,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($1,665,644,000))
$1,392,107,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($85,534,000))
$72,029,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($570,107,000))
$562,571,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($70,714,000))
$83,810,000
Special Category C Account -- State Appropriation . . . . . . . . . . . . $25,221,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($713,205,000))
$614,857,000
Freight Mobility Multimodal Account--State
Appropriation . . . . . . . . . . . . (($4,574,000))
$4,575,000
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . (($789,000))
$797,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $231,763,000
((State Route Number 520 Civil Penalties Account--State))
Appropriation . . . . . . . . . . . . $1,190,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,368,839,000))
$2,987,732,000
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 2010-1 as developed March 8,
2010)) TEIS Document 11GOV001 as developed December 5, 2010, Program -Highway Improvement Program (I). However, limited transfers of
specific line-item project appropriations may occur between projects
for those amounts listed subject to the conditions and limitations in
section 603 of this act.
(2) (($163,385,000)) $163,391,000 of the transportation partnership
account--state appropriation ((and)), $231,763,000 of the state route
number 520 corridor account--state appropriation, and $152,000 of the
motor vehicle account--federal appropriation are provided solely for
the state route number 520 bridge replacement and HOV project. The
department shall submit an application for the eastside transit and HOV
project to the supplemental discretionary grant program for regionally
significant projects as provided in the American Recovery and
Reinvestment Act of 2009.
(3) As required under section 305(6), chapter 518, Laws of 2007,
the department shall report by January 2010 to the transportation
committees of the legislature on the findings of the King county noise
reduction solutions pilot project.
(4) Funding allocated for mitigation costs is provided solely for
the purpose of project impact mitigation, and shall not be used to
develop or otherwise participate in the environmental assessment
process.
(5) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in Programs I and P
including, but not limited to, the SR 518, SR 520, Columbia river
crossing, and Alaskan Way viaduct projects.
(6) The department shall, on a quarterly basis beginning July 1,
2009, provide to the office of financial management and the legislature
reports providing the status on each active project funded in part or
whole by the transportation 2003 account (nickel account) or the
transportation partnership account. Funding provided at a programmatic
level for transportation partnership account and transportation 2003
account (nickel account) projects relating to bridge rail, guard rail,
fish passage barrier removal, and roadside safety projects should be
reported on a programmatic basis. Projects within this programmatic
level funding should be completed on a priority basis and scoped to be
completed within the current programmatic budget. Report formatting
and elements must be consistent with the October 2009 quarterly project
report. On a representative sample of new construction contracts
valued at fifteen million dollars or more, the department must also use
an earned value method of project monitoring.
(7) The transportation 2003 account (nickel account)--state
appropriation includes up to (($653,630,000)) $567,630,000 in proceeds
from the sale of bonds authorized by RCW 47.10.861.
(8) The transportation partnership account--state appropriation
includes up to (($1,347,939,000)) $1,261,092,000 in proceeds from the
sale of bonds authorized in RCW 47.10.873.
(9) The special category C account--state appropriation includes up
to $25,221,000 in proceeds from the sale of bonds authorized in RCW
47.10.812.
(10) The motor vehicle account--state appropriation includes up to
$43,000,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(11) The state route number 520 corridor account--state
appropriation includes up to $231,763,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879.
(12) The department must prepare a tolling study for the Columbia
river crossing project. While conducting the study, the department
must coordinate with the Oregon department of transportation to perform
the following activities:
(a) Evaluate the potential diversion of traffic from Interstate 5
to other parts of the transportation system when tolls are implemented
on Interstate 5 in the vicinity of the Columbia river;
(b) Evaluate the most advanced tolling technology to maintain
travel time speed and reliability for users of the Interstate 5 bridge;
(c) Evaluate available active traffic management technology to
determine the most effective options for technology that could maintain
travel time speed and reliability on the Interstate 5 bridge;
(d) Confer with the project sponsor's council, as well as local and
regional governing bodies adjacent to the Interstate 5 Columbia river
crossing corridor and the Interstate 205 corridor regarding the
implementation of tolls, the impacts that the implementation of tolls
might have on the operation of the corridors, the diversion of traffic
to local streets, and potential mitigation measures;
(e) Regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's potential toll setting on the facility;
(f) Research and evaluate options for a potential toll-setting
framework between the Oregon and Washington transportation commissions;
(g) Conduct public work sessions and open houses to provide
information to citizens, including users of the bridge and business and
freight interests, regarding implementation of tolls on the Interstate
5 and to solicit citizen views on the following items:
(i) Funding a portion of the Columbia river crossing project with
tolls;
(ii) Implementing variable tolling as a way to reduce congestion on
the facility; and
(iii) Tolling Interstate 205 separately as a management tool for
the broader state and regional transportation system; and
(h) Provide a report to the governor and the legislature by January
2010.
(13)(a) By January 2010, the department must prepare a traffic and
revenue study for Interstate 405 in King county and Snohomish county
that includes funding for improvements and high occupancy toll lanes,
as defined in RCW 47.56.401, for traffic management. The department
must develop a plan to operate up to two high occupancy toll lanes in
each direction on Interstate 405.
(b) For the facility listed in (a) of this subsection, the
department must:
(i) Confer with the mayors and city councils of jurisdictions in
the vicinity of the project regarding the implementation of high
occupancy toll lanes and the impacts that the implementation of these
high occupancy toll lanes might have on the operation of the corridor
and adjacent local streets;
(ii) Conduct public work sessions and open houses to provide
information to citizens regarding implementation of high occupancy toll
lanes and to solicit citizen views;
(iii) Regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's toll setting on the facility; and
(iv) Provide a report to the governor and the legislature by
January 2010.
(14) (($6,488,000)) $1,323,000 of the motor vehicle account--state
appropriation ((and $5,000)), $3,628,000 of the motor vehicle account--federal appropriation, and $8,000 of the motor vehicle account--private/local are provided solely for project 100224I, US 2 high
priority safety project. Expenditure of these funds is for safety
projects on state route number 2 between Monroe and Gold Bar, which may
include median rumble strips, traffic cameras, and electronic message
signs.
(15) Expenditures for the state route number 99 Alaskan Way viaduct
replacement project must be made in conformance with Engrossed
Substitute Senate Bill No. 5768.
(16) The department shall conduct a public outreach process to
identify and respond to community concerns regarding the Belfair
bypass. The process must include representatives from Mason county,
the legislature, area businesses, and community members. The
department shall use this process to consider and develop design
alternatives that alter the project's scope so that the community's
needs are met within the project budget. The department shall provide
a report on the process and outcomes to the legislature by June 30,
2010.
(17) The legislature is committed to the timely completion of R8A
which supports the construction of sound transit's east link.
Following the completion of the independent analysis of the
methodologies to value the reversible lanes on Interstate 90 which may
be used for high capacity transit as directed in section 204 of this
act, the department shall complete the process of negotiations with
sound transit. Such agreement shall be completed no later than
December 1, 2009.
(18) $250,000 of the motor vehicle account--state appropriation is
provided solely for the design and construction of a right turn lane to
improve visibility and traffic flow on state route number 195 and
Cheney-Spokane Road (project L1000001).
(19) (($730,000)) $724,000 of the motor vehicle account--federal
appropriation and (($16,000)) $17,000 of the motor vehicle account--state appropriation are provided solely for the Westview school noise
wall (project WESTV).
(20) (($2,000)) $3,000 of the motor vehicle account--state
appropriation and $131,000 of the motor vehicle account--federal
appropriation are provided solely for interchange design and planning
work on US 12 at A Street and Tank Farm Road (project PASCO).
(21) (($21,566,000)) $20,684,000 of the transportation partnership
account--state appropriation, (($26,000)) $27,000 of the motor vehicle
account--state appropriation, (($30,000,000)) $40,000,000 of the motor
vehicle account--private/local appropriation, and (($4,334,000))
$15,860,000 of the motor vehicle account--federal appropriation are
provided solely for project 400506A, the I-5/Columbia river
crossing/Vancouver project. The funding described in this subsection
includes a (($30,000,000)) $40,000,000 contribution from the state of
Oregon.
(22) It is important that the public and policymakers have accurate
and timely access to information related to the Alaskan Way viaduct
replacement project as it proceeds to, and during, the construction of
all aspects of the project including, but not limited to, information
regarding costs, schedules, contracts, project status, and neighborhood
impacts. Therefore, it is the intent of the legislature that the
state, city, and county departments of transportation establish a
single source of accountability for integration, coordination,
tracking, and information of all requisite components of the
replacement project, which must include, at a minimum:
(a) A master schedule of all subprojects included in the full
replacement project or program; and
(b) A single point of contact for the public, media, stakeholders,
and other interested parties.
(23) The department shall evaluate a potential deep bore culvert
for the state route number 305/Bjorgen creek fish barrier project
identified as project 330514A in ((LEAP Transportation Document ALL
PROJECTS 2009-2, as developed April 24, 2009)) TEIS Document 11GOV001,
as developed December 5, 2010. The department shall evaluate whether
a deep bore culvert will be a less costly alternative than a
traditional culvert since a traditional culvert would require extensive
road detours during construction.
(24) Project number 330215A in the ((LEAP transportation)) TEIS
document described in subsection (1) of this section is expanded to
include safety and congestion improvements from the Key Peninsula
Highway to the vicinity of Purdy. The department shall consult with
the Washington traffic safety commission to ensure that this project
includes improvements at intersections and along the roadway to reduce
the frequency and severity of collisions related to roadway conditions
and traffic congestion.
(25) (($8,890,000)) $5,831,000 of the transportation partnership
account--state appropriation is provided solely for project 109040Q,
the Interstate 90 Two Way Transit and HOV Improvements--Stage 2 and 3
project, as indicated in the ((LEAP transportation)) TEIS document
referenced in subsection (1) of this section.
(26) The department shall continue to work with the local partners
in developing transportation solutions necessary for the economic
growth in the Red Mountain American Viticulture Area of Benton county.
(27) 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.
(28) Within the motor vehicle account--state appropriation and
motor vehicle account--federal appropriation, the department may
transfer funds between programs I and P, except for funds that are
otherwise restricted in this act.
(29) Within the amounts provided in this section, $200,000 of the
transportation partnership account--state appropriation is provided
solely for the department to prepare a comprehensive tolling study of
the state route number 167 corridor to determine the feasibility of
administering tolls within the corridor, identified as project number
316718A in the ((LEAP transportation)) TEIS document described in
subsection (1) of this section. The department shall report to the
joint transportation committee by September 30, 2010. The department
shall regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's potential toll setting on the facility. The elements of
the study must include, at a minimum:
(a) The potential for value pricing to generate revenues for needed
transportation facilities within the corridor;
(b) Maximizing the efficient operation of the corridor; and
(c) Economic considerations for future system investments.
(30) Within the amounts provided in this section, $200,000 of the
transportation partnership account--state appropriation is provided
solely for the department to prepare a comprehensive tolling study of
the state route number 509 corridor to determine the feasibility of
administering tolls within the corridor, identified as project number
850901F in the ((LEAP transportation)) TEIS document described in
subsection (1) of this section. The department shall report to the
joint transportation committee by September 30, 2010. The department
shall regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's potential toll setting on the facility. The elements of
the study must include, at a minimum:
(a) The potential for value pricing to generate revenues for needed
transportation facilities within the corridor;
(b) Maximizing the efficient operation of the corridor; and
(c) Economic considerations for future system investments.
(31) Within the amounts provided in this section, $28,000,000 of
the transportation partnership account--state appropriation is for
project ((600010A)) 6BI1001, as identified in the ((LEAP)) TEIS
transportation document in subsection (1) of this section: ((NSC-North
Spokane corridor design and right-of-way - new alignment)) US395/North
Spokane corridor. Expenditure of these funds is for preliminary
engineering and right-of-way purchasing to prepare for four lanes to be
built from where existing construction ends at Francis Avenue for three
miles to the Spokane river and the possible design and construction of
additional sections using savings realized on the corridor.
((Additionally, any savings realized on project 600001A, as identified
in the LEAP transportation document in subsection (1) of this section:
US 395/NSC-Francis Avenue to Farwell Road - New Alignment, must be
applied to project 600010A.))
(32) $400,000 of the motor vehicle account--state appropriation is
provided solely for the department to conduct a state route number 2
route development plan (project L2000016) that will identify essential
improvements needed between the port of Everett/Naval station and
approaching the state route number 9 interchange near the city of
Snohomish.
(33) If the SR 26 - Intersection and Illumination Improvements are
not completed by June 30, 2009, the department shall ensure that the
improvements are completed as soon as practicable after June 30, 2009,
and shall submit monthly progress reports on the improvements beginning
July 1, 2009.
(34) $200,000 of the transportation partnership account--state
appropriation, identified on project number 400506A in the ((LEAP
transportation)) TEIS document described in subsection (1) of this
section, is provided solely for the department to work with the
department of archaeology and historic preservation to ensure that the
cultural resources investigation is properly conducted on the Columbia
river crossing project. This project must be conducted with active
archaeological management and result in one report that spans the
single cultural area in Oregon and Washington. Additionally, the
department shall establish a scientific peer review of independent
archaeologists that are knowledgeable about the region and its cultural
resources.
(35) The department shall work with the department of archaeology
and historic preservation to ensure that the cultural resources
investigation is properly conducted on all mega-highway projects and
large ferry terminal projects. These projects must be conducted with
active archaeological management. Additionally, the department shall
establish a scientific peer review of independent archaeologists that
are knowledgeable about the region and its cultural resources.
(36) Within the amounts provided in this section, $1,500,000 of the
motor vehicle account--state appropriation is provided solely for
necessary work along the south side of SR 532, identified as project
number 053255C in the ((LEAP transportation)) TEIS document described
in subsection (1) of this section.
(37) $10,000,000 of the transportation partnership account--state
appropriation is provided solely for the Spokane street viaduct portion
of project 809936Z, SR 99/Alaskan Way Viaduct – Replacement project as
indicated in the ((LEAP transportation)) TEIS document referenced in
subsection (1) of this section.
(38) The department shall conduct a public outreach process to
identify and respond to community concerns regarding the portion of
John's Creek Road that connects state route number 3 and state route
number 101. The process must include representatives from Mason
county, the legislature, area businesses, and community members. The
department shall use this process to consider, develop, and design a
project scope so that the community's needs are met for the lowest
cost. The department shall provide a report on the process and
outcomes to the legislature by June 30, 2010.
(39) The department shall apply for the competitive portion of
federal transit administration funds for eligible transit-related costs
of the state route number 520 bridge replacement and HOV project and
the Columbia river crossing project. The federal funds described in
this subsection must not include those federal transit administration
funds distributed by formula. The department shall provide a report
regarding this effort to the legislature by January 1, 2010.
(40) $5,500,000 of the motor vehicle account--federal appropriation
is provided solely for the Alaskan Way Viaduct - Automatic Shutdown
project, identified as project L1000034.
(41) (($2,244,000)) $2,937,000 of the motor vehicle account--federal appropriation and (($122,000)) $163,000 of the motor vehicle
account--state appropriation are provided solely for the US 12/Nine
Mile Hill to Woodward Canyon Vic -Build New Highway project, identified
as project 501210T.
(42)(a) (($790,000)) $1,116,000 of the motor vehicle account--federal appropriation and $45,000 of the motor vehicle account--state
appropriation is provided solely for the Express Lanes System Concept
Study project, identified as project 800020A. As part of this project,
the department shall prepare a comprehensive tolling study of the
Interstate 5 express lanes to determine the feasibility of
administering tolls within the corridor. The department shall
regularly report to the Washington transportation commission regarding
the progress of the study. The elements of the study must include, at
a minimum:
(i) The potential for value pricing to generate revenues for needed
transportation facilities;
(ii) Maximizing the efficient operation of the corridor;
(iii) Economic considerations for future system investments; and
(iv) An analysis of the impacts to the regional transportation
system.
(b) The department shall submit a final report on the study to the
joint transportation committee by June 30, 2011.
(((44) $226,000)) (43) $206,000 of the motor vehicle account--federal appropriation and $9,000 of the motor vehicle account--state
appropriation are provided solely for the SR 16/Rosedale Street NW
Vicinity - Frontage Road project (301639C). These funds must not be
expended before an agreement stating that the city of Gig Harbor will
take ownership of the road has been signed. The frontage road must be
built for driving speeds of no more than thirty-five miles per hour.
(((45))) (44) The department shall work with the Washington state
transportation commission, the Oregon state department of
transportation, and the Oregon state transportation commission to
analyze and review potential options for a bistate, toll setting
framework. As part of the analysis, the department shall undertake the
following actions: Review statutory provisions and the governance
structures of toll facilities in the United States that are located
within two or more states; review relevant federal law regarding
transportation facilities that are located within two or more states;
consult with the state treasurers in Washington and Oregon regarding
the appropriate structure for the issuance of debt for toll facilities
that are located within two states; report findings and recommendations
to the Columbia river project sponsor's council by October 1, 2010; and
provide a final report to the governor and the legislature by June 30,
2011.
(((46))) (45) $750,000 of the motor vehicle account--state
appropriation is provided solely for improvements from Allan Road to
state route number 12 (501207Z).
(((47) $500,000)) (46) $337,000 of the motor vehicle account--state
appropriation is provided solely for a traffic signal at the
intersection of state route number 7 and state route number 702
(300738A).
(((48) $750,000)) (47) $316,000 of the motor vehicle account--state
appropriation is provided solely for environmental work on the Belfair
Bypass (project 300344C).
(((49))) (48) The legislature finds that state route number 522
corridor provides an important link between Interstates 5 and 405 and
will be impacted by diversion from tolling elsewhere in the region.
State route number 522 must be reviewed as part of the scoping work
conducted under section 220(4) of this act. As such, the legislature
intends to provide additional funding for the corridor as a priority in
the next revenue package. The state will work with the affected cities
and the federal government to secure the necessary resources to address
the needs of this critical corridor.
(((50) $500,000)) (49) $561,000 of the motor vehicle account--state
appropriation is provided solely for the US 12/SR 122/Mossyrock -Intersection project (401212R) for safety improvements.
(((51) $200,000)) (50) $526,000 of the motor vehicle account--federal appropriation, $928,000 of the motor vehicle account--state
appropriation, and $225,000 of the motor vehicle account--private/local
appropriation is provided solely for project US 97A/North of Wenatchee
- Wildlife Fence (209790B), and an offsetting reduction is anticipated
in the 2011-13 biennium.
(((52))) (51) If a planned roundabout in the vicinity of state
route number 526 and 84th Street SW would divert commercial traffic
onto neighborhood streets, the department may not proceed with
improvements at state route number 526 and 84th Street SW until the
traffic impacts in the vicinity of state route number 526 and 40th
Avenue West are addressed.
(((53))) (52) The department shall conduct a collision analysis
corridor study on state route number 167 from milepost 0 to milepost 5
and report to the transportation committees of the legislature on the
analysis results by December 1, 2010.
(((54) $2,600,000)) (53) $357,000 of the motor vehicle account--federal appropriation and $15,000 of the motor vehicle account--state
appropriation is provided solely for the ITS Advanced Traveler
Information System project in Whatcom county (100589B).
(((55) $900,000)) (54) $94,000 of the motor vehicle account--federal appropriation and $10,000 of the motor vehicle account--state
appropriation is provided solely for the US 97/Cameron Lake Road
intersection improvements project in Okanogan county (209700W).
(((56) $400,000)) (55) $294,000 of the motor vehicle account--federal appropriation and (($100,000)) $74,000 of the motor vehicle
account--state appropriation are provided solely for the SR 9/SR 204
Intersection Improvement project (L2000040).
(((57))) (56) The legislature finds that the state route number 12
widening from state route number 124 to Walla Walla is an important
east-west corridor in the southeast region of the state. Widening the
highway to four lanes will increase safety and improve freight
mobility. Therefore, the legislature intends for the department to use
up to two million dollars in future redistributed federal obligation
authority that may be received by the department for right-of-way
purchase for the US 12/Nine Mile Hill to Woodward Canyon Vicinity -Phase 7-A project (501210T).
Sec. 305 2010 c 247 s 304 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($75,305,000))
$68,420,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($96,884,000))
$92,933,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($556,705,000))
$536,133,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($18,768,000))
$20,010,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($6,328,000))
$6,148,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . (($6,636,000))
$6,432,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($760,626,000))
$730,076,000
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 2010-1 as developed March 8,
2010, Program - Highway Preservation Program (P))) TEIS Document
11GOV001 as developed December 5, 2010. 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) (($542,000)) $546,000 of the motor vehicle account--federal
appropriation and (($453,000)) $310,000 of the motor vehicle account--state appropriation are provided solely for project 602110F, SR
21/Keller ferry boat - Preservation. Funds are provided solely for
preservation work on the existing vessel, the Martha S.
(3) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in Programs I and P.
(4) (($6,636,000)) $6,432,000 of the Puyallup tribal settlement
account--state appropriation is provided solely for costs associated
with the Murray Morgan/11th Street bridge project. The city of Tacoma
may use the Puyallup tribal settlement account appropriation and other
appropriated funds for bridge rehabilitation, bridge replacement,
bridge demolition, and related mitigation. The department's
participation, including prior expenditures, may not exceed
(($40,270,000)) $40,281,000. The city of Tacoma has taken ownership of
the bridge in its entirety, and the payment of these funds extinguishes
any real or implied agreements regarding future bridge expenditures.
(5) The department and the city of Tacoma must present to the
legislature an agreement on the timing of the transfer of ownership of
the Murray Morgan/11th Street bridge and any additional necessary state
funding required to achieve the transfer and rehabilitation of the
bridge by January 1, 2010.
(6) The department shall, on a quarterly basis beginning July 1,
2009, provide to the office of financial management and the legislature
reports providing the status on each active project funded in part or
whole by the transportation 2003 account (nickel account) or the
transportation partnership account. Funding provided at a programmatic
level for transportation partnership account projects relating to
seismic bridges should be reported on a programmatic basis. Projects
within this programmatic level funding should be completed on a
priority basis and scoped to be completed within the current
programmatic budget. The department shall work with the office of
financial management and the transportation committees of the
legislature to agree on report formatting and elements. Elements must
include, but not be limited to, project scope, schedule, and costs.
For new construction contracts valued at fifteen million dollars or
more, the department must also use an earned value method of project
monitoring. The department shall also provide the information required
under this subsection on a quarterly basis via the transportation
executive information systems (TEIS).
(7) The department of transportation shall continue to implement
the lowest life cycle cost planning approach to pavement management
throughout the state to encourage the most effective and efficient use
of pavement preservation funds. Emphasis should be placed on
increasing the number of roads addressed on time and reducing the
number of roads past due.
(8)(a) The department shall conduct an analysis of state highway
pavement replacement needs for the next ten years. The report must
include:
(i) The current backlog of asphalt and concrete pavement
preservation projects;
(ii) The level of investment needed to reduce or eliminate the
backlog and resume the lowest life-cycle cost;
(iii) Strategies for addressing the recent rapid escalation of
asphalt prices, including alternatives to using hot mix asphalt;
(iv) Criteria for determining which type of pavement will be used
for specific projects, including annualized cost per mile, traffic
volume per lane mile, and heavy truck traffic volume per lane mile; and
(v) The use of recycled asphalt and concrete in state highway
construction and the effect on highway pavement replacement needs.
(b) Additionally, the department shall work with the department of
ecology, the county road administration board, and the transportation
improvement board to explore and explain the potential use of permeable
asphalt and concrete pavement in state highway construction as an
alternative method of storm water mitigation and the potential effects
on highway pavement replacement needs.
(c) The department shall submit the report to the office of
financial management and the transportation committees of the
legislature by September 1, 2010, in order to inform the development of
the 2011-13 omnibus transportation appropriations act.
(9) (($299,000)) $581,000 of the motor vehicle account--state
appropriation, (($23,425,000)) $25,207,000 of the motor vehicle
account--federal appropriation, and (($373,000)) $273,000 of the
transportation partnership account--state appropriation are provided
solely for the SR 104/Hood Canal bridge - replace east half project,
identified as project 310407B in the ((LEAP transportation)) TEIS
document described in subsection (1) of this section.
(10) Within the motor vehicle account--state appropriation and
motor vehicle account--federal appropriation, the department may
transfer funds between programs I and P, except for funds that are
otherwise restricted in this act.
(11) Within the amounts provided in this section, $1,510,000 of the
motor vehicle account--state appropriation is ((provided solely)) to
complete the rehabilitation of the SR 532/84th Avenue NW bridge deck.
(12) (($1,440,000)) $1,160,000 of the motor vehicle account--federal appropriation and (($60,000)) $54,000 of the motor vehicle
account--state appropriation are provided solely for the environmental
impact statement and preliminary planning for the replacement of the
state route number 9 Snohomish river bridge (project L2000018).
(13) (($12,503,000)) $13,833,000 of the motor vehicle account--federal appropriation and (($497,000)) $479,000 of the motor vehicle
account--state appropriation are provided solely for the SR 410/Nile
Valley Landslide - Establish Interim Detour project (541002R).
(14) (($4,239,000)) $3,933,000 of the motor vehicle account--federal appropriation and (($662,000)) $615,000 of the motor vehicle
account--state appropriation are provided solely for the SR 410/Nile
Valley Landslide - Reconstruct Route project (541002T).
(((16))) (15) The legislature anticipates a report in September
2010 that will outline the department's recommendation for developing
a Keller Ferry replacement at the lowest cost. The legislature
supports the request to the federal government for federal aid for a
replacement vessel and intends to provide reasonable matching amounts
as necessary.
(((17) $2,100,000)) (16) $194,000 of the motor vehicle account--federal appropriation and $9,000 of the motor vehicle account--state
appropriation is provided solely for the SR 21/Kettle River to Malo
paving project in Ferry county (602117A).
Sec. 306 2010 c 247 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--
CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,158,000))
$6,847,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($18,037,000))
$11,412,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . (($173,000))
$174,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($26,368,000))
$18,433,000
Sec. 307 2010 c 283 s 19 (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 . . . . . . . . . . . . (($126,824,000))
$108,231,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . (($60,364,000))
$53,962,000
Puget Sound Capital Construction Account--Local
Appropriation . . . . . . . . . . . . $200,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $51,734,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($66,879,000))
$102,669,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $149,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($306,150,000))
$316,945,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($126,824,000)) $108,231,000 of the Puget Sound capital
construction account--state appropriation, (($60,364,000)) $53,964,000
of the Puget Sound capital construction account--federal appropriation,
$200,000 of the Puget Sound capital construction account--local
appropriation, (($66,879,000)) $102,669,000 of the transportation
partnership account--state appropriation, $51,734,000 of the
transportation 2003 account (nickel account)--state appropriation, and
$149,000 of the multimodal transportation account--state appropriation
are provided solely for ferry capital projects, project support, and
administration as listed in ((LEAP Transportation Document ALL PROJECTS
2010-2 as developed March 8, 2010, Program - Ferries Construction
Program (W))) TEIS Document 11GOV001, as developed December 5, 2010.
Of the total appropriation, a maximum of $10,627,000 may be used for
administrative support, a maximum of (($8,184,000)) $7,635,000 may be
used for terminal project support, and a maximum of $4,497,000 may be
used for vessel project support. Of the total appropriation,
$5,851,000 is provided solely for a reservation system and associated
communications projects.
(2) $51,734,000 of the transportation 2003 account (nickel
account)--state appropriation, (($63,100,000)) $99,890,000 of the
transportation partnership account--state appropriation, and
$10,164,000 of the Puget Sound capital construction account--state
appropriation are provided solely for the acquisition of three new
Island Home class ferry vessels subject to the conditions of RCW
47.56.780. The department shall pursue a contract for the second and
third Island Home class ferry vessels with an option to purchase a
fourth Island Home class ferry vessel. ((However, if sufficient
resources are available to build one 144-auto vessel prior to
exercising the option to build the fourth Island Home class ferry
vessel, procurement of the fourth Island Home class ferry vessel will
be postponed and the department shall pursue procurement of a 144-auto
vessel.))
(a) ((The first two Island Home class ferry vessels must be placed
on the Port Townsend-Keystone route.)) The department may add additional passenger capacity to one
of the Island Home class ferry vessels to make it more flexible within
the system in the future, if doing so does not require additional
staffing on the vessel.
(b)
(((c))) (b) Cost savings from the following initiatives will be
included in the funding of these vessels: The department's review and
update of the vessel life-cycle cost model as required under this
section; and the implementation of technology efficiencies as required
under section 602 of this act.
(3)(a) $8,450,000 of the Puget Sound capital construction account--state appropriation and (($2,450,000)) $1,450,000 of the transportation
partnership account--state appropriation are ((provided solely)) for
the following projects related to the design of a 144-vehicle vessel
class: (i) $1,380,000 is ((provided solely)) for completion of the
contract for owner- furnished equipment; (ii) $8,320,000 is ((provided
solely)) for completion of the technical design, detail design, and
production drawings((, all of which must plan for an aluminum
superstructure)); (iii) $480,000 is ((provided solely)) for the storage
of owner-furnished equipment; and (iv) a maximum of $720,000 is for
construction engineering. In completing the contract for owner-furnished equipment, the department shall use as much of the already
procured equipment as is practicable on the Island Home class ferry
vessels if it is likely to be obsolete before it is used in procured
144-vehicle vessels.
(b) The department shall conduct a cost-benefit study on
alternative furnishings and fittings for the 144-vehicle vessel class.
The study must review the proposed interior furnishings and fittings
for the long-term maintenance and out-of-service vessel costs and, if
appropriate, propose alternative interior furnishings and fittings that
will decrease long-term maintenance and out-of-service vessel costs.
The study must include a projection of out-of-service time and a life-cycle cost analysis of planned out-of-service time, including the
impact on fleet size. The department must submit the study to the
joint transportation committee by August 1, 2010.
(((c) The department shall identify costs for any additional detail
design and production drawings costs related to incorporating the
aluminum superstructure and any changes in the proposed furnishings and
fittings.))
(4) $6,300,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital costs.
(5) $3,000,000 of the Puget Sound capital construction account--federal appropriation is provided solely for completing the Anacortes
terminal design up to the maximum allowable construction cost phase.
Beyond preparing environmental work, these funds may be spent only
after the following conditions have been met: (a) A value engineering
process is conducted on the existing design and the concept of a
terminal building smaller than preferred alternative; (b) the office of
financial management participates in the value engineering process; (c)
the office of financial management concurs with the recommendations of
the value engineering process; and (d) the office of financial
management gives its approval to proceed with the design work.
(6) $3,965,000 of the Puget Sound capital construction account--state appropriation is provided solely for the following vessel
projects: Waste heat recovery pilot project for the Issaquah; jumbo
Mark 1 class steering gear ventilation pilot project; and improvements
to the Yakima and Kaleetan propulsion controls to allow for two engine
operation. Before beginning these projects, the Washington state
ferries must ensure the vessels' out-of-service time does not
negatively impact service to the system.
(7) ((The department shall pursue purchasing a foreign-flagged
vessel for service on the Anacortes, Washington to Sidney, British
Columbia ferry route.)) The department shall provide to the office of financial
management and the legislature quarterly reports providing the status
on each project listed in this section and in the project lists
submitted pursuant to this act and on any additional projects for which
the department has expended funds during the 2009-11 fiscal biennium.
Elements must include, but not be limited to, project scope, schedule,
and costs. The department shall also provide the information required
under this subsection via the transportation executive information
systems (TEIS). The quarterly report regarding the status of projects
identified on the list referenced in subsection (1) of this section
must be developed according to an earned value method of project
monitoring.
(8)
(((9))) (8) The department shall review and adjust its capital
program staffing levels to ensure staffing is at the most efficient
level necessary to implement the capital program in the omnibus
transportation appropriations act. The Washington state ferries shall
report this review and adjustment to the office of financial management
and the house and senate transportation committees of the legislature
by July 2009.
(((10))) (9) $1,200,000 of the total appropriation is provided
solely for improving the toll booth configuration at the Port Townsend
and Keystone ferry terminals.
(((11))) (10) $2,636,000 of the total appropriation is provided
solely for continued permitting work on the Mukilteo ferry terminal.
The department shall seek additional federal funding for this project.
(((12))) (11) The department shall develop a proposed ferry vessel
maintenance, preservation, and improvement program and present it to
the transportation committees of the legislature by July 1, 2010. The
proposal must:
(a) Improve the basis for budgeting vessel maintenance,
preservation, and improvement costs and for projecting those costs into
a sixteen-year financial plan;
(b) Limit the amount of planned out-of-service time to the greatest
extent possible, including options associated with department staff as
well as commercial shipyards. At a minimum, the department shall
consider the following:
(i) The costs compared to benefits of Eagle Harbor repair and
maintenance facility operations options to include staffing costs and
benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including
the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing
preservation or maintenance work, or both, while the vessel is
underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation,
and improvement program contracting process and contractual
requirements;
(v) The costs compared to benefits of allowing for increased costs
associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of
proposed projects and other projects planned during the same
construction period;
(vii) Coordination with required United States coast guard dry
dockings;
(viii) A method for comparing how proposed projects relate to the
service requirements of the route on which the vessel normally
operates; and
(ix) A method for evaluating the ongoing maintenance and
preservation costs associated with proposed improvement projects; and
(c) Be based on the service plan in the capital plan, recognizing
that vessel preservation and improvement needs may vary by route.
(((13))) (12) $247,000 of the Puget Sound capital construction
account--state appropriation is ((provided solely)) for the Washington
state ferries to review and update its vessel life-cycle cost model and
report the results to the house of representatives and senate
transportation committees of the legislature by December 1, 2010. This
review will evaluate the impact of the planned out-of-service periods
scheduled for each vessel on the ability of the overall system to
deliver uninterrupted service and will assess the risk of service
disruption from unscheduled maintenance or longer than planned
maintenance periods.
(((14))) (13) The department shall work with the department of
archaeology and historic preservation to ensure that the cultural
resources investigation is properly conducted on all large ferry
terminal projects. These projects must be conducted with active
archaeological management. Additionally, the department shall
establish a scientific peer review of independent archaeologists that
are knowledgeable about the region and its cultural resources.
(((15))) (14) The Puget Sound capital construction account--state
appropriation includes up to (($114,000,000)) $91,000,000 in proceeds
from the sale of bonds authorized in RCW 47.10.843.
(((16))) (15) The Puget Sound capital construction account--state
appropriation reflects the reduction of three terminal positions due to
decreased terminal activity and funding.
(((17))) (16) The department shall provide data to the
transportation committees of the senate and house of representatives
for a transparent analysis of travel pay policies.
Sec. 308 2010 c 247 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--CAPITAL
Essential Rail Assistance Account--State
Appropriation . . . . . . . . . . . . (($333,000))
$334,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . $13,184,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($102,202,000))
$90,128,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($619,527,000))
$116,847,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . $81,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($735,327,000))
$220,574,000
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 ALL PROJECTS 2010-2 as developed March 8, 2010, Program - Rail
Capital Program (Y))) TEIS Document 11GOV001, as developed December 5,
2010.
(b)(i) Within the amounts provided in this section, $116,000 of the
transportation infrastructure account--state appropriation is for a
low-interest loan through the freight rail investment bank program to
the Port of Ephrata (BIN 722710A) for rehabilitation of a rail spur.
(ii) Within the amounts provided in this section, $1,200,000 of the
transportation infrastructure account--state appropriation is for a
low-interest loan through the freight rail investment bank program to
the Port of Everett (BIN 722810A) for a new rail track to connect a
cement loading facility to the mainline.
(iii) The department shall issue the loans referenced in this
subsection (1)(b) with a repayment period of no more than ten years,
and only so much interest as is necessary to recoup the department's
costs to administer the loans.
(c)(i) Within the amounts provided in this section, (($1,713,000))
$3,713,000 of the multimodal transportation account--state
appropriation and (($333,000)) $334,000 of the essential rail
assistance account--state appropriation are for statewide - emergent
freight rail assistance projects as follows: Port of Ephrata/Ephrata -additional spur rehabilitation (BIN 722710A) $363,000; Tacoma
Rail/Tacoma - new refinery spur tracks (BIN 711010A) $420,000; CW
Line/Lincoln County - grade crossing rehabilitation (BIN 700610A)
$371,000; Chelatchie Prairie owned railroad/Vancouver - track
rehabilitation (BIN 710110A) (($367,000)) $2,367,000; Tacoma
Rail/Tacoma - improved locomotive facility (BIN 711010B) (($525,000))
$526,000.
(ii) Within the amounts provided in this section, (($338,000))
$346,000 of the multimodal transportation account--state appropriation
is for a statewide - emergent freight rail assistance project grant
((for the Lincoln County PDA/Creston - new rail spur (BIN 710510A)))
under the New Creston Livestock Feed Mill Spur Track (BIN F01001E)
project, provided that the grantee first documents to the satisfaction
of the department sufficient commitments from the new shipper or
shippers to locate in the publicly owned industrial park west of
Creston to ensure that the net present value of the public benefits of
the project is greater than the grant amount.
(d) Within the amounts provided in this section, $8,115,000 of the
transportation infrastructure account--state appropriation is for
grants to any intergovernmental entity or local rail district to which
the department of transportation assigns the management and oversight
responsibility for the business and economic development elements of
existing operating leases on the Palouse River and Coulee City (PCC)
rail lines. $300,000 of the transportation infrastructure account--state appropriation is provided solely for the fence line replacement
project on the CW line. The PCC rail line system is made up of the CW,
P&L, and PV Hooper rail lines. Business and economic development
elements include such items as levels of service and business operating
plans, but must not include the state's oversight of railroad
regulatory compliance, rail infrastructure condition, or real property
management issues. The PCC rail system must be managed in a self-sustaining manner and best efforts must be used to ensure that it does
not require state capital or operating subsidy beyond the level of
state funding expended on it to date. The assignment of the stated
responsibilities to an intergovernmental entity or rail district must
be on terms and conditions as the department of transportation and the
intergovernmental entity or rail district mutually agree. The grant
funds may be used only to refurbish the rail lines. It is the intent
of the legislature to make the funds appropriated in this section
available as grants to an intergovernmental entity or local rail
district for the purposes stated in this section at least until June
30, 2012, and to reappropriate as necessary any portion of the
appropriation in this section that is not used by June 30, 2011.
(2)(a) The department shall issue a call for projects for the
freight rail investment bank program and the emergent freight rail
assistance program, and shall evaluate the applications according to
the cost benefit methodology developed during the 2008 interim using
the legislative priorities specified in (c) of this subsection. By
November 1, 2010, the department shall submit a prioritized list of
recommended projects to the office of financial management and the
transportation committees of the legislature.
(b) When the department identifies a prospective rail project that
may have strategic significance for the state, or at the request of a
proponent of a prospective rail project or a member of the legislature,
the department shall evaluate the prospective project according to the
cost benefit methodology developed during the 2008 interim using the
legislative priorities specified in (c) of this subsection. The
department shall report its cost benefit evaluation of the prospective
rail project, as well as the department's best estimate of an
appropriate construction schedule and total project costs, to the
office of financial management and the transportation committees of the
legislature.
(c) The legislative priorities to be used in the cost benefit
methodology are, in order of relative importance:
(i) Economic, safety, or environmental advantages of freight
movement by rail compared to alternative modes;
(ii) Self-sustaining economic development that creates family-wage
jobs;
(iii) Preservation of transportation corridors that would otherwise
be lost;
(iv) Increased access to efficient and cost-effective transport to
market for Washington's agricultural and industrial products;
(v) Better integration and cooperation within the regional,
national, and international systems of freight distribution; and
(vi) Mitigation of impacts of increased rail traffic on
communities.
(3) The department is directed to seek the use of unprogrammed
federal rail crossing funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in program Y.
(4) At the earliest possible date, the department shall apply, and
assist ports and local jurisdictions in applying, for any federal
funding that may be available for any projects that may qualify for
such federal funding. State projects must be (a) currently identified
on the project list referenced in subsection (1)(a) of this section or
(b) projects for which no state match is required to complete the
project. Local or port projects must not require additional state
funding in order to complete the project, with the exception of (c)
state funds currently appropriated for such project if currently
identified on the project list referenced in subsection (1)(a) of this
section or (d) potential grants awarded in the competitive grant
process for the essential rail assistance program. If the department
receives any federal funding, the department is authorized to obligate
and spend the federal funds in accordance with federal law. To the
extent permissible by federal law, federal funds may be used (e) in
addition to state funds appropriated for projects currently identified
on the project list referenced in subsection (1)(a) of this section in
order to advance funding from future biennia for such project(s) or (f)
in lieu of state funds; however, the state funds must be redirected
within the rail capital program to advance funding for other projects
currently identified on the project list referenced in subsection
(1)(a) of this section. State funds may be redirected only upon
consultation with the transportation committees of the legislature and
the office of financial management, and approval by the director of the
office of financial management. The department shall spend the federal
funds before the state funds, and shall consult the office of financial
management and the transportation committees of the legislature
regarding project scope changes.
(5) The department shall provide quarterly reports to the office of
financial management and the transportation committees of the
legislature regarding applications that the department submits for
federal funds and the status of such applications.
(6) The department shall, on a quarterly basis, provide to the
office of financial management and the legislature reports providing
the status on active projects identified in the LEAP transportation
document described in subsection (1)(a) of this section. Report
formatting and elements must be consistent with the October 2009
quarterly project report.
(7) The multimodal transportation account--state appropriation
includes up to $48,000,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
(8) When the balance of that portion of the miscellaneous program
account apportioned to the department for the grain train program
reaches $1,180,000, the department shall acquire twenty-nine additional
grain train railcars.
(9) (($590,000,000)) $87,319,000 of the multimodal transportation
account--federal appropriation is provided solely for high-speed rail
projects awarded to Washington state from the high-speed intercity
passenger rail program under the American recovery and reinvestment
act. Funding will allow for two additional round trips between Seattle
and Portland, and other rail improvements.
(10) $2,200,000 of the multimodal transportation account--state
appropriation is provided solely for expenditures related to the
capital high-speed passenger rail grant that are not federally
reimbursable.
(11) The Burlington Northern Santa Fe Skagit river bridge is an
integral part of the rail system. Constructed in 1916, the bridge does
not meet current design standards and is at risk during flood events
that occur on the Skagit river. The department shall work with
Burlington Northern Santa Fe and local jurisdictions to secure federal
funding for the Skagit river bridge and to develop an appropriate
replacement plan and schedule.
(12) (($1,000,000)) $2,367,000 of the multimodal transportation
account--state appropriation is provided solely for additional
expenditures along the Chelatchie Prairie railroad (((LN2000025)))
under the Clark County Rail Line/Battle Ground to Vancouver - Track
Rehabilitation project (BIN 710110A).
Sec. 309 2010 c 247 s 308 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z--CAPITAL
((Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000))
Highway Infrastructure Account -- Federal
Appropriation . . . . . . . . . . . . $1,602,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . (($13,848,000))
$9,170,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($8,863,000))
$8,120,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($14,068,000))
$7,131,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($43,835,000))
$26,367,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . (($15,620,000))
$11,833,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . (($3,258,000))
$1,058,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $2,118,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($28,855,000))
$20,885,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $2,709,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . (($2,879,000))
$1,764,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . (($5,895,000))
$5,905,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($143,757,000))
$97,060,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall, on a quarterly basis, provide status
reports to the legislature on the delivery of projects as outlined in
the project lists incorporated in this section. For projects funded by
new revenue in the 2003 and 2005 transportation packages, reporting
elements shall include, but not be limited to, project scope, schedule,
and costs. Other projects may be reported on a programmatic basis.
The department shall also provide the information required under this
subsection on a quarterly basis via the transportation executive
information system (TEIS).
(2) $2,729,000 of the passenger ferry account--state appropriation
is provided solely for near and long-term costs of capital improvements
in a business plan approved by the governor for passenger ferry
service.
(3) $150,000 of the passenger ferry account--state appropriation is
provided solely for the Port of Kingston for a one-time operating
subsidy needed to retain a federal grant.
(4) $3,000,000 of the motor vehicle account--federal appropriation
is provided solely for the Coal Creek parkway project (L1000025).
(5) The department shall seek the use of unprogrammed federal rail
crossing funds to be expended in lieu of or in addition to state funds
for eligible costs of projects in local programs, program Z capital.
(6) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in local programs, program
Z capital.
(7) Federal funds may be transferred from program Z to programs I
and P and state funds shall be transferred from programs I and P to
program Z to replace those federal funds in a dollar-for-dollar match.
Fund transfers authorized under this subsection shall not affect
project prioritization status. Appropriations shall initially be
allotted as appropriated in this act. The department may not transfer
funds as authorized under this subsection without approval of the
office of financial management. The department shall submit a report
on those projects receiving fund transfers to the office of financial
management and the transportation committees of the legislature by
December 1, 2009, and December 1, 2010.
(8) The city of Winthrop may utilize a design-build process for the
Winthrop bike path project. Of the amount appropriated in this section
for this project, $500,000 of the multimodal transportation account--state appropriation is contingent upon the state receiving from the
city of Winthrop $500,000 in federal funds awarded to the city of
Winthrop by its local planning organization.
(9) (($18,289,000)) $13,689,000 of the multimodal transportation
account--state appropriation, (($8,810,000)) $7,747,000 of the motor
vehicle account--federal appropriation, and (($4,000,000)) $3,677,000
of the transportation partnership account--state appropriation are
provided solely for the pedestrian and bicycle safety program projects
and safe routes to schools program projects identified in LEAP
Transportation Document 2009-A, pedestrian and bicycle safety program
projects and safe routes to schools program projects, as developed
March 30, 2009, LEAP Transportation Document 2007-A, pedestrian and
bicycle safety program projects and safe routes to schools program
projects, as developed April 20, 2007, and LEAP Transportation Document
2006-B, pedestrian and bicycle safety program projects and safe routes
to schools program projects, as developed March 8, 2006. Projects must
be allocated funding based on order of priority. The department shall
review all projects receiving grant awards under this program at least
semiannually to determine whether the projects are making satisfactory
progress. Any project that has been awarded funds, but does not report
activity on the project within one year of the grant award must be
reviewed by the department to determine whether the grant should be
terminated. The department shall promptly close out grants when
projects have been completed, and identify where unused grant funds
remain because actual project costs were lower than estimated in the
grant award.
(10) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed by project and amount in LEAP Transportation
Document ALL PROJECTS 2010-2 as developed March 8, 2010, Program -
Local Program (Z).
(11) For the 2009-11 project appropriations, unless otherwise
provided in this act, the director of financial management may
authorize a transfer of appropriation authority between projects
managed by the freight mobility strategic investment board in order for
the board to manage project spending and efficiently deliver all
projects in the respective program.
(12) (($913,386 of the motor vehicle account--state appropriation
and $2,858,000 of the motor vehicle account--federal appropriation are
provided solely for completion of the US 101 northeast peninsula safety
rest area and associated roadway improvements east of Port Angeles at
the Deer Park scenic view point. The department must surplus any
right-of-way previously purchased for this project near Sequim.
Approval to proceed with construction is contingent on surplus of
previously purchased right-of-way. $865,000 of the motor vehicle
account--state appropriation is to be placed into unallotted status
until such time as the right-of-way sale is completed.)) The lesser of $5,905,000 or the remaining balance
of the Puyallup tribal settlement account--state appropriation is
provided solely for costs associated with the Murray Morgan/11th Street
bridge project. The city of Tacoma may use the Puyallup tribal
settlement account appropriation and other appropriated funds for
bridge rehabilitation, bridge replacement, bridge demolition, and
bridge mitigation. The department's participation, including prior
expenditures, may not exceed ((
(13) $5,894,000$40,270,000)) $40,281,000. The city of
Tacoma has taken ownership of the bridge in its entirety, and the
payment of these funds extinguishes any real or implied agreements
regarding future bridge expenditures.
(((14))) (13) Up to (($3,702,000)) $52,000 of the motor vehicle
account--federal appropriation and (($75,000)) $52,000 of the motor
vehicle account--state appropriation are provided solely to reimburse
the cities of Kirkland and Redmond for pavement and bridge deck
rehabilitation on state route number 908 (project 1LP611A). These
funds may not be expended unless the cities sign an agreement stating
that the cities agree to take ownership of state route number 908 in
its entirety and agree that the payment of these funds represents the
entire state commitment to the cities for state route number 908
expenditures. The amount provided in this subsection is contingent on
the enactment by June 30, 2010, of Senate Bill No. 6555.
(((15))) (14) The department shall consider the condition of the
Broadway bridge in the city of Everett when prioritizing bridge
projects.
(((16))) (15) In order to make the Hood Canal bridge safe for
cyclists, the department must work with stakeholders to review bicycle
safety needs on the bridge, including consideration of accident data
and improvements already made to this project.
(((17) $250,000)) (16) $30,000 of the multimodal transportation
account--state appropriation is provided solely for the Shell Valley
emergency access road and bicycle/pedestrian path.
(((18))) (17) $500,000 of the motor vehicle account--state
appropriation is provided solely for improvements to the 150th and
Murray Road intersection in the city of Lakewood.
(((19) $250,000)) (18) $100,000 of the motor vehicle account--state
appropriation is provided solely for flood reduction solutions on state
route number 522 caused by the lower McAleer and Lyon creek basins.
(((20))) (19) $200,000 of the motor vehicle account--state
appropriation is provided solely for improvements to the intersection
of 39th Ave SE and state route number 96 in Snohomish county.
Sec. 401 2010 c 247 s 401 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND
DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND
REVENUE
Highway Bond Retirement Account Appropriation . . . . . . . . . . . . (($733,667,000))
$721,667,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . $33,771,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($600,000))
$682,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . (($22,962,000))
$21,162,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . $18,451,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $6,818,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($732,000))
$672,000
Transportation 2003 Account
(Nickel Account)--State Appropriation . . . . . . . . . . . . $3,116,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $136,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $85,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $41,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($204,000))
$164,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($817,511,000))
$806,765,000
Sec. 402 2010 c 247 s 402 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND
FISCAL AGENT CHARGES
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($40,000))
$110,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($787,000))
$537,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($122,000))
$62,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($364,000))
$264,000
Special Category C Account--State Appropriation . . . . . . . . . . . . (($15,000))
$12,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $5,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $3,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($34,000))
$22,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,370,000))
$1,015,000
Sec. 403 2010 c 247 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 . . . . . . . . . . . . (($114,000,000))
$91,000,000
The department of transportation is authorized to sell up to
(($114,000,000)) $91,000,000 in bonds authorized by RCW 47.10.843 for
vessel and terminal acquisition, major and minor improvements, and long
lead-time materials acquisition for the Washington state ferries.
Sec. 404 2010 c 247 s 404 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account Appropriation for
motor vehicle fuel tax distributions to cities
and counties . . . . . . . . . . . . (($478,753,000))
$471,257,000
Sec. 405 2010 c 247 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 . . . . . . . . . . . . (($1,247,260,000))
$1,228,165,000
Sec. 406 2010 c 247 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 . . . . . . . . . . . . (($120,688,000))
$116,661,000
Sec. 407 2010 1st sp.s. c 37 s 804 (uncodified) is amended to
read as follows:
FOR THE STATE TREASURER -- ADMINISTRATIVE TRANSFERS
(1) ((Tacoma Narrows Toll Bridge Account--State)) Motor Vehicle Account--State Appropriation:
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $5,288,000
(2)
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . (($54,100,000))
$59,100,000
(((3))) (2) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . (($2,000,000))
$900,000
(((4))) (3) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $2,750,000
(((5))) (4) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . (($9,000,000))
$22,000,000
(((6))) (5) Highway Safety Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $18,750,000
(((7))) (6) Department of Licensing Services
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State . . . . . . . . . . . . $1,300,000
(((8))) (7) Advanced Right-of-Way Account: For
transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $14,000,000
(((9) State Route Number 520 Civil Penalties)) (8) Advanced Environmental Mitigation
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $190,000
(10)
Revolving Account--State Appropriation: For transfer
to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(((11))) (9) Regional Mobility Grant Program
Account--State Appropriation: For transfer to the
Multimodal Transportation Account--State . . . . . . . . . . . . $4,000,000
(((12))) (10) Motor Vehicle Account--State
Appropriation: For transfer to the State Patrol
Highway Account--State . . . . . . . . . . . . $5,600,000
(((13))) (11) The transfers identified in this section are subject
to the following conditions and limitations:
(a) ((The amount transferred in subsection (1) of this section
represents repayment of operating loans and reserve payments provided
to the Tacoma Narrows toll bridge account from the motor vehicle
account in the 2005-07 fiscal biennium. However, if Engrossed
Substitute Senate Bill No. 6499 is enacted by June 30, 2010, the
transfer in subsection (1) of this section shall not occur.)) Any cash balance in the waste tire removal account in excess
of one million dollars must be transferred to the motor vehicle account
for the purpose of road wear-related maintenance on state and local
public highways.
(b)
(((c) The transfer in subsection (9) of this section represents
toll revenue collected from toll violations.))
(b) The recreational vehicle account--state appropriation provided
in subsection (2) of this section for transfer to the motor vehicle
account--state shall not exceed the expenditures incurred from the
motor vehicle account--state for the recreational vehicle sanitary
disposal systems program. The office of the state treasurer shall only
transfer funds when requested by the department of transportation.
NEW SECTION. Sec. 501 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. 502 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.