Passed by the Senate April 22, 2011 YEAS 45   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 21, 2011 YEAS 97   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5836 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 16, 2011, 3:51 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 17, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to allowing certain private transportation providers to use certain public transportation facilities; amending RCW 46.61.165, 47.04.290, and 47.52.025; adding a new section to chapter 47.04 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.61.165 and 1999 c 206 s 1 are each amended to read
as follows:
(1) The state department of transportation and the local
authorities are authorized to reserve all or any portion of any highway
under their respective jurisdictions, including any designated lane or
ramp, for the exclusive or preferential use of one or more of the
following: (a) Public transportation vehicles ((or)); (b) private
motor vehicles carrying no fewer than a specified number of passengers;
or (c) the following private transportation provider vehicles if the
vehicle has the capacity to carry eight or more passengers, regardless
of the number of passengers in the vehicle, and if such use does not
interfere with the efficiency, reliability, and safety of public
transportation operations: (i) Auto transportation company vehicles
regulated under chapter 81.68 RCW; (ii) passenger charter carrier
vehicles regulated under chapter 81.70 RCW, except marked or unmarked
stretch limousines and stretch sport utility vehicles as defined under
department of licensing rules; (iii) private nonprofit transportation
provider vehicles regulated under chapter 81.66 RCW; and (iv) private
employer transportation service vehicles, when such limitation will
increase the efficient utilization of the highway or will aid in the
conservation of energy resources.
(2) Any transit-only lanes that allow other vehicles to access
abutting businesses that are authorized pursuant to subsection (1) of
this section may not be authorized for the use of private
transportation provider vehicles as described under subsection (1) of
this section.
(3) The state department of transportation and the local
authorities authorized to reserve all or any portion of any highway
under their respective jurisdictions, for exclusive or preferential
use, may prohibit the use of a high occupancy vehicle lane by the
following private transportation provider vehicles: (a) Auto
transportation company vehicles regulated under chapter 81.68 RCW; (b)
passenger charter carrier vehicles regulated under chapter 81.70 RCW,
and marked or unmarked limousines and stretch sport utility vehicles as
defined under department of licensing rules; (c) private nonprofit
transportation provider vehicles regulated under chapter 81.66 RCW; and
(d) private employer transportation service vehicles, when the average
transit speed in the high occupancy vehicle lane fails to meet
department of transportation standards and falls below forty-five miles
per hour at least ninety percent of the time during the peak hours, as
determined by the department of transportation or the local authority,
whichever operates the facility.
(4) Regulations authorizing such exclusive or preferential use of
a highway facility may be declared to be effective at all times or at
specified times of day or on specified days. Violation of a
restriction of highway usage prescribed by the appropriate authority
under this section is a traffic infraction.
(5) Local authorities are encouraged to establish a process for
private transportation providers, as described under subsections (1)
and (3) of this section, to apply for the use of public transportation
facilities reserved for the exclusive or preferential use of public
transportation vehicles. The application and review processes should
be uniform and should provide for an expeditious response by the local
authority. Whenever practicable, local authorities should enter into
agreements with such private transportation providers to allow for the
reasonable use of these facilities.
(6) For the purposes of this section, "private employer
transportation service" means regularly scheduled, fixed-route
transportation service that is similarly marked or identified to
display the business name or logo on the driver and passenger sides of
the vehicle, meets the annual certification requirements of the
department of transportation, and is offered by an employer for the
benefit of its employees.
Sec. 2 RCW 47.04.290 and 2008 c 257 s 1 are each amended to read
as follows:
(1) Any local transit agency that has received state funding for a
park and ride lot shall make reasonable accommodation for use of that
lot by: Auto transportation companies regulated under chapter 81.68
RCW ((and)); passenger charter carriers regulated under chapter 81.70
RCW, except marked or unmarked stretch limousines and stretch sport
utility vehicles as defined under department of licensing rules;
private, nonprofit transportation providers regulated under chapter
81.66 RCW((, that intend to provide or already provide regularly
scheduled service at that lot)); and private employer transportation
service vehicles, provided that such use does not interfere with the
efficiency, reliability, and safety of public transportation
operations. The accommodation must be in the form of an agreement
between the applicable local transit agency and the private ((transit))
transportation provider ((regulated under chapter 81.68 or 81.66 RCW)).
The transit agency may require that the agreement include provisions to
recover actual costs and fair market value for the use of the lot and
its related facilities and to provide adequate insurance and
indemnification of the transit agency, and other reasonable provisions
to ensure that the private ((transit)) transportation provider's use
does not unduly burden the transit agency. The transit agency may
consider benefits to its public transportation system when establishing
an amount to charge for the use of the park and ride lot and its
related facilities. If the agreement includes provisions to recover
actual costs, the private transportation provider is responsible to
remit the full actual costs of park and ride lot use to the appropriate
transit agency. No accommodation is required, and any agreement may be
terminated, if the park and ride lot is at or exceeds ninety percent
capacity between the hours of 6:00 a.m. and 4:00 p.m., Monday through
Friday for two consecutive months. Additionally, any agreement may be
terminated if the private transportation provider violates any policies
guiding the terms of use of the park and ride lot. The transit agency
may reserve the authority to designate which pick-up and drop-off zones
of the park and ride lot may be used by the private transportation
provider.
(2) A local transit agency described under subsection (1) of this
section may enter into a cooperative agreement with a taxicab company
regulated under chapter 81.72 RCW in order to accommodate the taxicab
company at the agency's park and ride lot, provided the taxicab company
must agree to provide service with reasonable availability, subject to
schedule coordination provisions as agreed to by the parties.
(3) For the purposes of this section, "private employer
transportation service" means regularly scheduled, fixed-route
transportation service that is similarly marked or identified to
display the business name or logo on the driver and passenger sides of
the vehicle, meets the annual certification requirements of the
department, and is offered by an employer for the benefit of its
employees.
(4) For the purposes of this section, "private transportation
provider" means:
(a) A company regulated under chapter 81.68 RCW; chapter 81.70 RCW,
except marked or unmarked stretch limousines and stretch sport utility
vehicles as defined under department of licensing rules; and chapter
81.66 RCW; and
(b) An entity providing private employer transportation service.
(5)(a) Local authorities are encouraged to establish a process for
private transportation providers, described under subsections (1) and
(4) of this section, to apply for the use of park and ride facilities.
(b) The process must provide a list of facilities that the local
authority determines to be unavailable for use by the private
transportation provider and must provide the criteria used to reach
that determination.
(c) The application and review processes must be uniform and should
provide for an expeditious response by the authority.
(6) The department must convene a stakeholder process that includes
interested public and private transportation providers, which must
develop standard permit forms, clear explanations of permit rate
calculations, and standard indemnification provisions that may be used
by all local authorities.
Sec. 3 RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to
read as follows:
(1) Highway authorities of the state, counties, and incorporated
cities and towns, in addition to the specific powers granted in this
chapter, shall also have, and may exercise, relative to limited access
facilities, any and all additional authority, now or hereafter vested
in them relative to highways or streets within their respective
jurisdictions, and may regulate, restrict, or prohibit the use of such
limited access facilities by various classes of vehicles or traffic.
Such highway authorities may reserve any limited access facility or
portions thereof, including designated lanes or ramps for the exclusive
or preferential use of (a) public transportation vehicles, (b)
privately owned buses, ((or)) (c) private motor vehicles carrying not
less than a specified number of passengers, or (d) the following
private transportation provider vehicles if the vehicle has the
capacity to carry eight or more passengers, regardless of the number of
passengers in the vehicle, and if such use does not interfere with the
efficiency, reliability, and safety of public transportation
operations: (i) Auto transportation company vehicles regulated under
chapter 81.68 RCW; (ii) passenger charter carrier vehicles regulated
under chapter 81.70 RCW, except marked or unmarked stretch limousines
and stretch sport utility vehicles as defined under department of
licensing rules; (iii) private nonprofit transportation provider
vehicles regulated under chapter 81.66 RCW; and (iv) private employer
transportation service vehicles, when such limitation will increase the
efficient utilization of the highway facility or will aid in the
conservation of energy resources. Regulations authorizing such
exclusive or preferential use of a highway facility may be declared to
be effective at all time or at specified times of day or on specified
days.
(2) Any transit-only lanes that allow other vehicles to access
abutting businesses that are reserved pursuant to subsection (1) of
this section may not be authorized for the use of private
transportation provider vehicles as described under subsection (1) of
this section.
(3) Highway authorities of the state, counties, or incorporated
cities and towns may prohibit the use of limited access facilities by
the following private transportation provider vehicles: (a) Auto
transportation company vehicles regulated under chapter 81.68 RCW; (b)
passenger charter carrier vehicles regulated under chapter 81.70 RCW,
and marked or unmarked limousines and stretch sport utility vehicles as
defined under department of licensing rules; (c) private nonprofit
transportation provider vehicles regulated under chapter 81.66 RCW; and
(d) private employer transportation service vehicles, when the average
transit speed in the high occupancy vehicle travel lane fails to meet
department standards and falls below forty-five miles per hour at least
ninety percent of the time during the peak hours for two consecutive
months.
(4)(a) Local authorities are encouraged to establish a process for
private transportation providers, described under subsections (1) and
(3) of this section, to apply for the use of limited access facilities
that are reserved for the exclusive or preferential use of public
transportation vehicles.
(b) The process must provide a list of facilities that the local
authority determines to be unavailable for use by the private
transportation provider and must provide the criteria used to reach
that determination.
(c) The application and review processes must be uniform and should
provide for an expeditious response by the authority.
(5) For the purposes of this section, "private employer
transportation service" means regularly scheduled, fixed-route
transportation service that is similarly marked or identified to
display the business name or logo on the driver and passenger sides of
the vehicle, meets the annual certification requirements of the
department, and is offered by an employer for the benefit of its
employees.
NEW SECTION. Sec. 4 A new section is added to
chapter 47.04 RCW
to read as follows:
When designing portions of a highway that are intended to be used
as portions reserved for the exclusive or preferential use of public
transportation vehicles, state and local jurisdictions shall consider
whether the design will safely accommodate private transportation
provider vehicles that may be authorized to use the reserved portions
under RCW 46.61.165 and 47.52.025 without interfering with the
efficiency, reliability, and safety of public transportation
operations.
NEW SECTION. Sec. 5 If any part of this act is found to be in
conflict with mitigation requirements under the state environmental
policy act (chapter 43.21C RCW) or the national environmental policy
act (42 U.S.C. Secs. 4321 through 4347) or in any other way conflicts
with federal requirements that are a condition or part of the
allocation of federal funds to the state or local facilities, the
conflicting part of this act is inoperative solely to the extent of the
conflict and with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this act in
its application to the agencies concerned. Rules adopted under this
act must meet federal requirements that are a necessary condition to
the receipt of federal funds by the state or local authorities.