BILL REQ. #:  S-1374.1 

Read first time 02/14/11.   Referred to Committee on Transportation.

     AN ACT Relating to commercial activity at certain park and ride lots; and adding a new section to chapter 47.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 47.04 RCW to read as follows:
     (1) The department, or any local transit agency that has received state funding for a park and ride lot, may enter into a lease with private entities allowing them to operate food or beverage retailers, restaurants, grocery and convenience stores, or other private enterprises that are of benefit to the traveling public at park and ride lots owned by the department or local transit agency.
     (2) Before entering into a lease with a private entity, the department or local transit agency must contact food or beverage retailers, restaurants, and grocery and convenience stores within a one-mile radius from the park and ride lot location in each direction of traffic, and allow these businesses an absolute right of first refusal. If these businesses do not respond with a reasonable bid or offer within sixty days of the initial contact, the department or local transit agency must open up the bid or negotiation process to all interested entities.
     (3) The department or local transit agency must take all necessary action to ensure the most favorable lease rates for the state or local transit agency, whether by bid or other reasonable manner, and to require the lessee to enter into any other contract or agreement to protect the state and its citizens or the local transit agency from commercial harm or other type of harm. Lease payments must first be applied towards maintenance and operations of the applicable park and ride lot and the remainder must be deposited into the motor vehicle fund created under RCW 46.68.070.
     (4) The department may adopt and enforce such reasonable rules that are consistent with and necessary to carry out this section.