BILL REQ. #:  S-3709.1 

Read first time 01/18/12.   Referred to Committee on Transportation.

     AN ACT Relating to repealing the transportation innovative partnerships act; amending RCW 47.56.030, 47.56.031, and 70.94.528; creating a new section; and repealing RCW 47.29.010, 47.29.020, 47.29.030, 47.29.040, 47.29.050, 47.29.060, 47.29.070, 47.29.080, 47.29.090, 47.29.100, 47.29.110, 47.29.120, 47.29.130, 47.29.140, 47.29.150, 47.29.160, 47.29.170, 47.29.180, 47.29.190, 47.29.200, 47.29.210, 47.29.220, 47.29.230, 47.29.240, 47.29.250, 47.29.260, 47.29.270, 47.29.280, 47.29.290, and 47.29.900.

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

NEW SECTION.  Sec. 1   The legislature finds that the transportation innovative partnerships act created under chapter 47.29 RCW has not met the needs and expectations of the public or private sectors for the development of transportation projects. Therefore, it is the intent of the legislature to remove from statute the project development process created under chapter 47.29 RCW that was not working and to continue to search for ways to bring innovative methods of transportation project delivery and finance to Washington.

NEW SECTION.  Sec. 2   The following acts or parts of acts are each repealed:
     (1) RCW 47.29.010 (Finding--Intent) and 2006 c 334 s 48 & 2005 c 317 s 1;
     (2) RCW 47.29.020 (Definitions) and 2005 c 317 s 2;
     (3) RCW 47.29.030 (Transportation commission powers and duties) and 2005 c 317 s 3;
     (4) RCW 47.29.040 (Purpose) and 2005 c 317 s 4;
     (5) RCW 47.29.050 (Eligible projects) and 2005 c 317 s 5;
     (6) RCW 47.29.060 (Eligible financing) and 2008 c 122 s 18 & 2005 c 317 s 6;
     (7) RCW 47.29.070 (Use of federal funds and similar revenues) and 2005 c 317 s 7;
     (8) RCW 47.29.080 (Other sources of funds or property) and 2005 c 317 s 8;
     (9) RCW 47.29.090 (Project review, evaluation, and selection) and 2005 c 317 s 9;
     (10) RCW 47.29.100 (Administrative fee) and 2005 c 317 s 10;
     (11) RCW 47.29.110 (Funds for proposal evaluation and negotiation) and 2005 c 317 s 11;
     (12) RCW 47.29.120 (Expert consultation) and 2005 c 317 s 12;
     (13) RCW 47.29.130 (Contracted studies) and 2005 c 317 s 13;
     (14) RCW 47.29.140 (Partnership agreements) and 2005 c 317 s 14;
     (15) RCW 47.29.150 (Public involvement and participation) and 2005 c 317 s 15;
     (16) RCW 47.29.160 (Approval and execution) and 2005 c 317 s 16;
     (17) RCW 47.29.170 (Unsolicited proposals) and 2011 c 367 s 701, 2009 c 470 s 702, 2007 c 518 s 702, 2006 c 370 s 604, & 2005 c 317 s 17;
     (18) RCW 47.29.180 (Advisory committees) and 2005 c 317 s 18;
     (19) RCW 47.29.190 (Confidentiality) and 2005 c 317 s 19;
     (20) RCW 47.29.200 (Prevailing wages) and 2005 c 317 s 20;
     (21) RCW 47.29.210 (Government agreements) and 2005 c 317 s 21;
     (22) RCW 47.29.220 (Eminent domain) and 2005 c 317 s 22;
     (23) RCW 47.29.230 (Transportation innovative partnership account) and 2005 c 317 s 23;
     (24) RCW 47.29.240 (Use of account) and 2005 c 317 s 24;
     (25) RCW 47.29.250 (Issuing bonds and other obligations) and 2005 c 317 s 25;
     (26) RCW 47.29.260 (Study and report) and 2005 c 317 s 26;
     (27) RCW 47.29.270 (Federal laws) and 2005 c 317 s 27;
     (28) RCW 47.29.280 (Expert review panel on proposed project agreements -- Creation -- Authority) and 2006 c 334 s 49;
     (29) RCW 47.29.290 (Expert review panel on proposed project agreements -- Execution of agreements) and 2006 c 334 s 50; and
     (30) RCW 47.29.900 (Captions not law) and 2005 c 317 s 28.

Sec. 3   RCW 47.56.030 and 2008 c 122 s 8 are each amended to read as follows:
     (1) Except as permitted under chapter ((47.29 or)) 47.46 RCW:
     (a) Unless otherwise delegated, and subject to RCW 47.56.820, the department of transportation shall have full charge of the planning, analysis, and construction of all toll bridges and other toll facilities including the Washington state ferries, and the operation and maintenance thereof.
     (b) The transportation commission shall determine and establish the tolls and charges thereon.
     (c) Unless otherwise delegated, and subject to RCW 47.56.820, the department shall have full charge of planning, analysis, and design of all toll facilities. The department may conduct the planning, analysis, and design of toll facilities as necessary to support the legislature's consideration of toll authorization.
     (d) The department shall utilize and administer toll collection systems that are simple, unified, and interoperable. To the extent practicable, the department shall avoid the use of toll booths. The department shall set the statewide standards and protocols for all toll facilities within the state, including those authorized by local authorities.
     (e) Except as provided in this section, the department shall proceed with the construction of such toll bridges and other facilities and the approaches thereto by contract in the manner of state highway construction immediately upon there being made available funds for such work and shall prosecute such work to completion as rapidly as practicable. The department is authorized to negotiate contracts for any amount without bid under (e)(i) and (ii) of this subsection:
     (i) Emergency contracts, in order to make repairs to ferries or ferry terminal facilities or removal of such facilities whenever continued use of ferries or ferry terminal facilities constitutes a real or immediate danger to the traveling public or precludes prudent use of such ferries or facilities; and
     (ii) Single source contracts for vessel dry dockings, when there is clearly and legitimately only one available bidder to conduct dry dock-related work for a specific class or classes of vessels. The contracts may be entered into for a single vessel dry docking or for multiple vessel dry dockings for a period not to exceed two years.
     (2) The department shall proceed with the procurement of materials, supplies, services, and equipment needed for the support, maintenance, and use of a ferry, ferry terminal, or other facility operated by Washington state ferries, in accordance with chapter 43.19 RCW except as follows:
     (a) When the secretary of the department of transportation determines in writing that the use of invitation for bid is either not practicable or not advantageous to the state and it may be necessary to make competitive evaluations, including technical or performance evaluations among acceptable proposals to complete the contract award, a contract may be entered into by use of a competitive sealed proposals method, and a formal request for proposals solicitation. Such formal request for proposals solicitation shall include a functional description of the needs and requirements of the state and the significant factors.
     (b) When purchases are made through a formal request for proposals solicitation the contract shall be awarded to the responsible proposer whose competitive sealed proposal is determined in writing to be the most advantageous to the state taking into consideration price and other evaluation factors set forth in the request for proposals. No significant factors may be used in evaluating a proposal that are not specified in the request for proposals. Factors that may be considered in evaluating proposals include but are not limited to: Price; maintainability; reliability; commonality; performance levels; life cycle cost if applicable under this section; cost of transportation or delivery; delivery schedule offered; installation cost; cost of spare parts; availability of parts and service offered; and the following:
     (i) The ability, capacity, and skill of the proposer to perform the contract or provide the service required;
     (ii) The character, integrity, reputation, judgment, experience, and efficiency of the proposer;
     (iii) Whether the proposer can perform the contract within the time specified;
     (iv) The quality of performance of previous contracts or services;
     (v) The previous and existing compliance by the proposer with laws relating to the contract or services;
     (vi) Objective, measurable criteria defined in the request for proposal. These criteria may include but are not limited to items such as discounts, delivery costs, maintenance services costs, installation costs, and transportation costs; and
     (vii) Such other information as may be secured having a bearing on the decision to award the contract.
     (c) When purchases are made through a request for proposal process, proposals received shall be evaluated based on the evaluation factors set forth in the request for proposal. When issuing a request for proposal for the procurement of propulsion equipment or systems that include an engine, the request for proposal must specify the use of a life cycle cost analysis that includes an evaluation of fuel efficiency. When a life cycle cost analysis is used, the life cycle cost of a proposal shall be given at least the same relative importance as the initial price element specified in the request of proposal documents. The department may reject any and all proposals received. If the proposals are not rejected, the award shall be made to the proposer whose proposal is most advantageous to the department, considering price and the other evaluation factors set forth in the request for proposal.

Sec. 4   RCW 47.56.031 and 2005 c 335 s 2 are each amended to read as follows:
     No tolls may be imposed on new or existing highways or bridges without specific legislative authorization, or upon a majority vote of the people within the boundaries of the unit of government empowered to impose tolls. ((This section applies to chapter 47.56 RCW and to any tolls authorized under chapter 47.29 RCW, the transportation innovative partnership act of 2005.))

Sec. 5   RCW 70.94.528 and 2006 c 329 s 4 are each amended to read as follows:
     (1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area.
     (a) The transportation demand management program for the growth and transportation efficiency center shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
     (b) In order to be eligible for state funding provided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand management program that includes the elements identified in (c) of this subsection and is consistent with the rules established by the department of transportation in RCW 70.94.537(2). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction may appeal the decision to the commute trip reduction board.
     (c) Transportation demand management programs for growth and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive than the state program goal established by the commute trip reduction board; (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques ((consistent with chapter 47.29 RCW)), including public/private partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major employers. Each of these program elements shall be consistent with the rules established under RCW 70.94.537.
     (d) A designated growth and transportation efficiency center shall be consistent with the land use and transportation elements of the local comprehensive plan.
     (e) Transit agencies, local governments, and regional transportation planning organizations shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in their respective investment plans.
     (2) A county, city, or town that has established a growth and transportation efficiency center program shall support vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to attainment of program goals in those areas.