| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 04/19/13.
AN ACT Relating to transportation funding and appropriations; amending RCW 47.64.170, 47.64.270, 43.19.642, 46.68.170, 46.68.320, 46.68.325, 46.68.370, 47.12.244, 47.12.340, 47.56.876, 42.56.270, 46.12.630, and 46.63.180; amending 2012 c 86 ss 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 305, 306, 307, 308, 309, 310, 401, 402, 404, 405, 406, and 407 (uncodified); reenacting and amending RCW 70.105D.070 and 46.63.170; creating new sections; repealing 2012 c 86 ss 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, and 716 (uncodified); making appropriations and authorizing expenditures for capital improvements; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The transportation budget of the state
is hereby adopted and, subject to the provisions set forth, the several
amounts specified, or as much thereof as may be necessary to accomplish
the purposes designated, are hereby appropriated from the several
accounts and funds named to the designated state agencies and offices
for employee compensation and other expenses, for capital projects, and
for other specified purposes, including the payment of any final
judgments arising out of such activities, for the period ending June
30, 2015.
(2) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this act.
(a) "Fiscal year 2014" or "FY 2014" means the fiscal year ending
June 30, 2014.
(b) "Fiscal year 2015" or "FY 2015" means the fiscal year ending
June 30, 2015.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an
unappropriated status.
(e) "Provided solely" means the specified amount may be spent only
for the specified purpose. Unless otherwise specifically authorized in
this act, any portion of an amount provided solely for a specified
purpose that is not expended subject to the specified conditions and
limitations to fulfill the specified purpose shall lapse.
(f) "Reappropriation" means appropriation and, unless the context
clearly provides otherwise, is subject to the relevant conditions and
limitations applicable to appropriations.
(g) "LEAP" means the legislative evaluation and accountability
program committee.
NEW SECTION. Sec. 101 FOR THE DEPARTMENT OF ARCHAEOLOGY AND
HISTORIC PRESERVATION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $433,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation is provided
solely for staffing costs to be dedicated to state transportation
activities. Staff hired to support transportation activities must have
practical experience with complex construction projects.
NEW SECTION. Sec. 102 FOR THE UTILITIES AND TRANSPORTATION
COMMISSION
Grade Crossing Protective Account -- State Appropriation . . . . . . . . . . . . $504,000
NEW SECTION. Sec. 103 FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,641,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $176,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,817,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $70,000 of the Puget Sound ferry operations account -- state
appropriation is provided solely for the state's share of the marine
salary survey.
(2) $932,000 of the motor vehicle account--state appropriation is
comprised of funds set aside out of statewide fuel taxes distributed to
counties according to RCW 46.68.120(3) and is provided solely for the
office of financial management to contract with the Washington state
association of counties to identify, analyze, evaluate, and implement
county transportation performance measures associated with
transportation system policy goals outlined in RCW 47.04.280. In
cooperation with state agencies, the Washington state association of
counties must: Identify, analyze, and report on transportation system
preservation; identify, evaluate, and report on opportunities to
streamline reporting requirements; and evaluate project management
tools to help improve project delivery.
NEW SECTION. Sec. 104 FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $502,000
NEW SECTION. Sec. 105 FOR THE STATE PARKS AND RECREATION
COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $986,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation in this section
is provided solely for road maintenance purposes.
NEW SECTION. Sec. 106 FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,207,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $351,000 of the motor vehicle account -- state appropriation is
provided solely for costs associated with the motor fuel quality
program.
(2) $856,000 of the motor vehicle account -- state appropriation is
provided solely to test the quality of biofuel. The department must
test fuel quality at the biofuel manufacturer, distributor, and
retailer.
NEW SECTION. Sec. 107 FOR THE LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $529,000
NEW SECTION. Sec. 108 FOR THE DEPARTMENT OF FISH AND WILDLIFE
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $200,000
The appropriation in this section is subject to the following
conditions and limitations: $200,000 of the motor vehicle account--state appropriation is from the cities statewide fuel tax distributions
under RCW 46.68.110(2) and is provided solely for the department to
inventory, prioritize, and study fish passage barriers associated with
city roads and streets in the Puget Sound region. The department shall
submit the results to the department of transportation and to
organizations representing cities by June 30, 2015.
NEW SECTION. Sec. 109 FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW
COMMITTEE
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $243,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The appropriation in this section is for the joint legislative
audit and review committee to conduct a review of the methods and
systems used by the department of transportation to develop asset
condition and maintenance service level needs and subsequent funding
requests for highway preservation and maintenance programs. The review
must examine whether the methods and systems used by the department of
transportation for estimating preservation and maintenance needs and
costs are consistent with industry practices and other appropriate
standards. The review must include an analysis of a selection of
preservation and maintenance requests and address issues such as:
(a) Was a systematic, documented process used to develop the
estimate of need?
(b) Are practices in place to minimize life-cycle preservation and
maintenance costs?
(c) Was each stage in the cost estimating process fully documented?
(d) If appropriate, how were risks to the cost estimate quantified?
(e) What steps are in place to ensure that requests are not unduly
impacted by outside pressures?
Expert engineering or cost estimating consultants may be used to
review methods, systems, and individual estimates for accuracy. A
briefing report, focusing on an overview of the methods and processes,
must be completed by December 1, 2013. A report containing any
findings and recommendations must be completed by December 1, 2014.
(2) The joint legislative audit and review committee must conduct
a forensic audit of the Interstate 5/Columbia River Crossing project
(400506A) to investigate fraud, malfeasance, and misuse of public
funds. The joint legislative audit and review committee may contract
with the state auditor's office for fraud-related investigation
services.
NEW SECTION. Sec. 201 FOR THE WASHINGTON TRAFFIC SAFETY
COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $3,017,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $40,698,000
Highway Safety Account -- Private/Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $1,900,000
TOTAL APPROPRIATION . . . . . . . . . . . . $45,665,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The commission shall develop and implement, in collaboration
with the Washington state patrol, a target zero team pilot program in
Yakima and Spokane counties. The pilot program must demonstrate the
effectiveness of intense, high visibility driving under the influence
enforcement in Washington state. The commission shall apply to the
national highway traffic safety administration for federal highway
safety grants to cover the cost of the pilot program.
(2) Of the amounts provided in this section, any amounts that are
granted by the commission for the traffic safety resource prosecutor
program must be directed to the Washington association of prosecuting
attorneys.
(3) $20,000,000 of the highway safety account--federal
appropriation is provided solely for federal funds that may be
obligated to the commission pursuant to 23 U.S.C. Sec. 164 during the
2013-2015 fiscal biennium.
(4) The commission may continue to oversee pilot projects
implementing the use of automated traffic safety cameras to detect
speed violations within cities west of the Cascade mountains that have
a population over one hundred ninety-five thousand. For the purposes
of pilot projects in this subsection, no more than one automated
traffic safety camera may be used to detect speed violations within any
one jurisdiction.
(a) The commission shall comply with RCW 46.63.170 in administering
the pilot projects.
(b) By January 1, 2015, any local authority that is operating an
automated traffic safety camera to detect speed violations must provide
a summary to the transportation committees of the legislature
concerning the use of the cameras and data regarding infractions,
revenues, and costs.
NEW SECTION. Sec. 202 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $944,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,185,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $1,454,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,583,000
NEW SECTION. Sec. 203 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $3,804,000
NEW SECTION. Sec. 204 FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,155,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The joint transportation committee shall continue to convene a
subcommittee for legislative oversight of the I-5/Columbia river
crossing bridge replacement project. The Columbia river crossing
legislative oversight subcommittee must be made up of six members: Two
appointed by the cochairs of the senate transportation committee, two
appointed by the chair and ranking member of the house of
representatives transportation committee, one designee of the governor,
and one citizen jointly appointed by the four members of the joint
transportation executive committee. The citizen appointee must be a
Washington state resident of the area served by the bridge. At least
two of the legislative members must be from the legislative districts
served by the bridge. In addition to reviewing project and financing
information, the subcommittee must also coordinate with the Oregon
legislative oversight committee for the Columbia river crossing bridge.
(2) $150,000 of the motor vehicle account--state appropriation is
for a study of the costs and benefits of outsourcing audit functions to
provide independent audit oversight of the department of transportation
tolling division. The study must include a staff work group, including
staff from the office of financial management, the transportation
commission, the department of transportation, and the legislative
transportation committees.
(3) The joint transportation committee shall study and review the
use of surplus property proceeds to fund facility replacement projects,
and the possibility of using the north central region as a pilot
region.
NEW SECTION. Sec. 205 FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,373,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,485,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Consistent with RCW 43.135.055, 47.60.290, and 47.60.315,
during the 2013-2015 fiscal biennium, the legislature authorizes the
transportation commission to periodically review and, if necessary,
adjust the schedule of fares for the Washington state ferry system only
in amounts not greater than those sufficient to generate the amount of
revenue required by the biennial transportation budget. However, the
transportation commission may not increase the schedule of fares
greater than five percent per biennium without first consulting with
the joint transportation committee. When adjusting ferry fares, the
commission must consider input from affected ferry users by public
hearing and by review with the affected ferry advisory committees, in
addition to the data gathered from the current ferry user survey.
(2) Consistent with RCW 43.135.055 and 47.46.100, during the 2013-2015 fiscal biennium, the legislature authorizes the transportation
commission to periodically review and, if necessary, adjust the
schedule of toll charges applicable to the Tacoma Narrows bridge only
in amounts not greater than those sufficient to support (a) any
required costs for operating and maintaining the toll bridge, including
the cost of insurance, (b) any amount required by law to meet the
redemption of bonds and applicable interest payments, and (c) repayment
of the motor vehicle fund. However, the transportation commission may
not increase the schedule of toll charges greater than five percent per
biennium without first consulting with the joint transportation
committee.
(3) $250,000 of the motor vehicle account--state appropriation is
provided solely for updating the Washington transportation plan, as
required under RCW 47.01.071(4).
NEW SECTION. Sec. 206 FOR THE FREIGHT MOBILITY STRATEGIC
INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $929,000
The appropriation in this section is subject to the following
conditions and limitations: $25,000 of the motor vehicle
account--state appropriation is provided solely for activities related
to the development of a freight plan identified under the federal
moving forward for progress in the 21st century (MAP-21) act of 2012.
NEW SECTION. Sec. 207 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . $370,915,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $11,135,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $3,590,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $20,002,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $273,000
TOTAL APPROPRIATION . . . . . . . . . . . . $405,915,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The Washington state patrol shall collaborate with the
Washington traffic safety commission on the target zero team pilot
program referenced in section 201 of this act.
(2) During the 2013-2015 fiscal biennium, the Washington state
patrol shall relocate its data center to the state data center in
Olympia. The Washington state patrol shall work with the department of
enterprise services to negotiate the lease termination agreement for
the current data center site.
(3) Washington state patrol officers engaged in off-duty uniformed
employment providing traffic control services to the department of
transportation or other state agencies may use state patrol vehicles
for the purpose of that employment, subject to guidelines adopted by
the chief of the Washington state patrol. The Washington state patrol
must be reimbursed for the use of the vehicle at the prevailing state
employee rate for mileage and hours of usage, subject to guidelines
developed by the chief of the Washington state patrol.
(4) $573,000 of the highway safety account--state appropriation is
provided solely for the ignition interlock program at the Washington
state patrol to provide funding for two staff to work and provide
support for the program in working with manufacturers, service centers,
technicians, and participants in the program.
NEW SECTION. Sec. 208 FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State
Appropriation . . . . . . . . . . . . $34,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . $4,408,000
State Wildlife Account -- State Appropriation . . . . . . . . . . . . $885,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $157,327,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $4,392,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $77,284,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $467,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,544,000
Ignition Interlock Device Revolving Account -- State
Appropriation . . . . . . . . . . . . $2,656,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $5,958,000
TOTAL APPROPRIATION . . . . . . . . . . . . $254,955,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,235,000 of the highway safety account--state appropriation
is provided solely for the implementation of chapter . . . (Substitute
House Bill No. 1752), Laws of 2013 (requirements for the operation of
commercial motor vehicles in compliance with federal regulations). If
chapter . . . (Substitute House Bill No. 1752), Laws of 2013 is not
enacted by June 30, 2013, the amount provided in this subsection
lapses.
(2) $201,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 5152), Laws of 2013 (Sounders FC and Seahawks license
plates). If chapter . . . (Substitute Senate Bill No. 5152), Laws of
2013 is not enacted by June 30, 2013, the amount provided in this
subsection lapses.
(3) $425,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 5182), Laws of 2013 (vehicle owner information). If
chapter . . . (Substitute Senate Bill No. 5182), Laws of 2013 is not
enacted by June 30, 2013, the amount provided in this subsection
lapses.
(4) $172,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Senate Bill
No. 5775), Laws of 2013 (veterans/drivers' licenses). If chapter . . .
(Senate Bill No. 5775), Laws of 2013 is not enacted by June 30, 2013,
the amount provided in this subsection lapses.
(5) $652,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 5785), Laws of 2013 (license plates). If chapter . . .
(Substitute Senate Bill No. 5785), Laws of 2013 is not enacted by June
30, 2013, the amount provided in this subsection lapses.
(6) $78,000 of the motor vehicle account--state appropriation and
$3,707,000 of the highway safety account--state appropriation are
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 5857), Laws of 2013 (vehicle-related fees). If chapter
. . . (Substitute Senate Bill No. 5857), Laws of 2013 is not enacted by
June 30, 2013, the amount provided in this subsection lapses.
(7) $1,000,000 of the highway safety account--state appropriation
is provided solely for information technology field system
modernization.
(8) $3,082,000 of the highway safety account--state appropriation
is provided solely for exam and licensing activities, including the
workload associated with providing driver record abstracts, and is
subject to the following additional conditions and limitations:
(a) The department may furnish driving record abstracts only to
those persons or entities expressly authorized to receive the abstracts
under Title 46 RCW;
(b) The department may furnish driving record abstracts only for an
amount that does not exceed the specified fee amounts in RCW 46.52.130
(2)(e)(v) and (4); and
(c) The department may not enter into a contract, or otherwise
participate in any arrangement, with a third party or other state
agency for any service that results in an additional cost, in excess of
the fee amounts specified in RCW 46.52.130 (2)(e)(v) and (4), to
statutorily authorized persons or entities purchasing a driving record
abstract.
(9)(a) The department of licensing must convene a work group to
examine the use of parking placards and special license plates for
persons with disabilities and develop a strategic plan for ending any
abuse. In developing this plan, the department must work with the
department of health, disabled citizen advocacy groups, and
representatives from local government.
(b) The work group must be composed of no more than two
representatives from each of the entities listed in (a) of this
subsection. The work group may, when appropriate, consult with any
other public or private entity in order to complete the strategic plan.
(c) The strategic plan must include:
(i) Oversight measures to ensure that parking placards and special
license plates for persons with disabilities are being properly issued,
including: (A) The entity responsible for coordinating a randomized
review of applications for special parking privileges; (B) a volunteer
panel of medical professionals to conduct such reviews; (C) a means to
protect the anonymity of both the medical professional conducting a
review and the medical professional under review; (D) a means to
protect the privacy of applicants by removing any personally
identifiable information; and (E) possible sanctions against a medical
professional for repeated improper issuances of parking placards or
special license plates for persons with disabilities, including those
sanctions listed in chapter 18.130 RCW; and
(ii) The creation of a publicly accessible system in which the
validity of parking placards and special license plates for persons
with disabilities may be verified. This system must not allow the
public to access any personally identifiable information or protected
health information of a person who has been issued a parking placard or
special license plate.
(d) The work group must convene by July 1, 2013, and terminate by
December 1, 2013.
(e) By December 1, 2013, the work group must deliver to the
legislature and the appropriate legislative committees the strategic
plan required under this subsection, together with its findings,
recommendations, and any necessary draft legislation in order to
implement the strategic plan.
(10) The appropriation in this section reflects the department
charging an amount sufficient to cover the full cost of providing the
data requested under RCW 46.12.630(2).
NEW SECTION. Sec. 209 FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $888,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $32,801,000
State Route Number 520 Civil Penalties Account -- State
Appropriation . . . . . . . . . . . . $4,168,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . $23,259,000
Puget Sound Ferry Operations Account--State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $61,366,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall make detailed quarterly expenditure
reports available to the transportation commission and to the public on
the department's web site using current department resources. The
reports must include a summary of toll revenue by facility on all
operating toll facilities and an itemized depiction of the use of that
revenue.
(2) $4,168,000 of the state route number 520 civil penalties
account -- state appropriation and $676,000 of the Tacoma Narrows toll
bridge account -- state appropriation are provided solely for
expenditures related to the toll adjudication process. All costs
associated with the toll adjudication process are anticipated to be
covered by revenue collected from the toll adjudication process. The
department shall report quarterly on the toll adjudication process to
the office of financial management and the house of representatives and
senate transportation committees. The reports must include a summary
table for each toll facility that includes: The number of notices of
civil penalty issued; the number of recipients who pay before the
notice becomes a penalty; the number of recipients who request a
hearing and the number who do not respond; workload costs related to
hearings; the cost and effectiveness of debt collection activities; and
revenues generated from notices of civil penalty.
(3) $6,000,000 of the state route number 520 corridor account--state appropriation is provided solely for an operating and maintenance
reserve subaccount as required in the state route 520 "Master
Resolution" (State Finance Committee Resolution 1117, adopted September
29, 2011). The funds must be held in unallotted status and may only be
allotted in the event that the director of the office of financial
management determines that available toll revenues are insufficient to
pay operating and maintenance expenses and other obligations when due.
(4) $1,300,000 of the Tacoma Narrows toll bridge account--state
appropriation is provided solely to cover forty-five days of lost
operations as a contingency. The funds must be held in unallotted
status and may only be allotted in the event that the director of the
office of financial management determines that available toll revenues
are insufficient to pay operating and maintenance expenses and other
obligations when due.
(5) The department shall make detailed quarterly reports to the
governor and the transportation committees of the legislature on the
use of consultants in the tolling program. The reports must include
the name of the contractor, the scope of work, the type of contract,
timelines, deliverables, any new task orders, and any extensions to
existing consulting contracts.
(6)(a) $250,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the development of a plan to
integrate and transition customer service, reservation, and payment
systems currently provided by the marine division to ferry users into
the statewide tolling customer service center.
(b)(i) The department shall develop a plan that addresses:
(A) A phased implementation approach, beginning with "Good To Go"
as a payment option for ferry users;
(B) The feasibility, schedule, and cost of creating a single
account-based system for toll road and ferry users;
(C) Transitioning customer service currently provided by the marine
division to the statewide tolling customer service center; and
(D) Transitioning existing and planned ferry reservation system
support from the marine division to the statewide tolling customer
service center.
(ii) The plan must be provided to the office of financial
management and the transportation committees of the legislature by
November 29, 2013.
(7) $21,283,000 of the Tacoma Narrows toll bridge account--state
appropriation is provided solely to operate and maintain the eastbound
Tacoma Narrows bridge. This appropriation reflects a twenty percent
reduction in management costs.
(8) $350,000 of the motor vehicle account--state appropriation is
provided solely for an investment grade traffic and revenue study to
support the transportation commission in future toll rate setting and
in order to evaluate internal refinance opportunities for the Tacoma
Narrows bridge. The department shall involve the office of the state
treasurer with the study.
NEW SECTION. Sec. 210 FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,460,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $68,436,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $1,460,000
State Toxics Control Account--State Appropriation . . . . . . . . . . . . $201,000
TOTAL APPROPRIATION . . . . . . . . . . . . $71,920,000
The appropriations in this section are subject to the following
conditions and limitations: $201,000 of the state toxics control
account--state appropriation is provided solely for the department's
compliance with its national pollution discharge elimination system
permit.
NEW SECTION. Sec. 211 FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS, AND CONSTRUCTION -- PROGRAM D--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $25,415,000
State Toxics Control Account--State Appropriation . . . . . . . . . . . . $850,000
TOTAL APPROPRIATION . . . . . . . . . . . . $26,265,000
The appropriations in this section are subject to the following
conditions and limitations: $850,000 of the state toxics control
account--state appropriation is provided solely for the department's
compliance with its national pollution discharge elimination system
permit.
NEW SECTION. Sec. 212 FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . $7,358,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . $9,508,000
The appropriations in this section are subject to the following
conditions and limitations: $3,500,000 of the aeronautics account--state appropriation is provided solely for the airport aid grant
program, which provides competitive grants to public airports for
pavement, safety, planning, and security.
NEW SECTION. Sec. 213 FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $44,040,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
State Toxics Control Account--State Appropriation . . . . . . . . . . . . $3,543,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,333,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $3,543,000 of the state toxics control account -- state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit.
(2) The real estate services division of the department must
recover the cost of its efforts from sale proceeds and fund additional
future sales from those proceeds.
(3) The legislature recognizes that the Dryden pit site (WSDOT
Inventory Control (IC) No. 2-04-00103) is unused state-owned real
property under the jurisdiction of the department, 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 shall work with the department of fish and wildlife and
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 is not responsible for any costs
associated with the cleanup or transfer of this property. This
subsection expires June 30, 2014.
(4) The legislature recognizes that the trail known as the Apple
Capital Loop, and its extensions, serve to separate motor vehicle
traffic from pedestrians and bicyclists, increasing motor vehicle
safety on existing state route number 28. Consistent with chapter
47.30 RCW and pursuant to RCW 47.12.080, the legislature declares that
transferring portions of WSDOT Inventory Control (IC) Nos. 2-09-04537
and 2-09-04569 to Douglas county and the city of East Wenatchee is
consistent with the public interest. The legislature directs the
department to transfer the property to Douglas county and the city of
East Wenatchee. The department must be paid fair market value for any
portions of the transferred real property that is later abandoned,
vacated, or ceases to be publicly maintained for trail purposes.
Douglas county and the city of East Wenatchee must agree to accept
responsibility for trail segments within their respective jurisdictions
and sign an agreement with the state that the transfer of these parcels
to their respective jurisdictions extinguishes any state obligations to
improve, maintain, or be in any way responsible for these assets. This
subsection expires June 30, 2014.
NEW SECTION. Sec. 214 FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $570,000
The appropriation in this section is subject to the following
conditions and limitations: The department shall continue monitoring
the work of other states and countries currently exploring or piloting
road user charges as a way of transitioning from the gas tax to a road
user assessment system of paying for transportation. The department
must provide an update regarding its findings by December 1, 2013, and
December 1, 2014, and at any other time the department deems pertinent.
NEW SECTION. Sec. 215 FOR THE DEPARTMENT OF TRANSPORTATION --
HIGHWAY MAINTENANCE -- PROGRAM M
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $380,101,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
State Toxics Control Account--State Appropriation . . . . . . . . . . . . $9,755,000
TOTAL APPROPRIATION . . . . . . . . . . . . $406,856,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $377,779,000 of the motor vehicle account--state appropriation
and $10,000,000 of the highway safety account--state appropriation are
provided solely for the maintenance program to achieve specific levels
of service on the thirty maintenance targets listed by statewide
priority in LEAP Transportation Document 2013-4 as developed April 2,
2013. Beginning in February 2014, the department shall report to the
legislature annually on its updated maintenance accountability process
targets and whether or not the department was able to achieve its
targets.
(2) $8,450,000 of the state toxics control account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit.
(3) $1,305,000 of the state toxics control account--state
appropriation is provided solely for utility fees assessed by local
governments as authorized under RCW 90.03.525 for the mitigation of
storm water runoff from state highways.
(4) $2,277,000 of the motor vehicle account--state appropriation is
provided solely to replace or rehabilitate critical equipment needed to
perform snow and ice removal activities and roadway maintenance. These
funds may not be used to purchase passenger cars as defined in RCW
46.04.382.
(5) $50,000 of the motor vehicle account--state appropriation is
provided solely for clearing and pruning dangerous trees along state
route number 542 between mile markers 43 and 48 to prevent safety
hazards and delays.
NEW SECTION. Sec. 216 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $50,475,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $52,775,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $6,000,000 of the motor vehicle account -- state appropriation is
provided solely for low-cost enhancements. The department shall give
priority to low-cost enhancement projects that improve safety or
provide congestion relief. The department shall prioritize low-cost
enhancement projects on a statewide rather than regional basis. By
September 1st of each even-numbered year, the department shall provide
a report to the legislature listing all low-cost enhancement projects
prioritized on a statewide rather than regional basis completed in the
prior year.
(2) $9,000,000 of the motor vehicle account -- state appropriation is
provided solely for the department's incident response program.
(3) $102,000 of the motor vehicle account--state appropriation is
provided solely to replace or rehabilitate critical equipment needed to
perform traffic control. These funds may not be used to purchase
passenger cars as defined in RCW 46.04.382.
NEW SECTION. Sec. 217 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $27,268,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . $28,271,000
NEW SECTION. Sec. 218 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $20,092,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $24,885,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $662,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,809,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,548,000
NEW SECTION. Sec. 219 FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $81,628,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $40,000
TOTAL APPROPRIATION . . . . . . . . . . . . $82,068,000
The appropriations in this section are subject to the following
conditions and limitations: The department of enterprise services must
provide a detailed accounting of the revenues and expenditures of the
self-insurance fund to the transportation committees of the legislature
on December 31st and June 30th of each year.
NEW SECTION. Sec. 220 FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
State Vehicle Parking Account -- State Appropriation . . . . . . . . . . . . $452,000
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $40,000,000
Rural Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $17,000,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $41,145,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,582,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,027,000
TOTAL APPROPRIATION . . . . . . . . . . . . $102,206,000
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. Of this amount:
(a) $5,500,000 is provided solely for grants to nonprofit providers
of special needs transportation. Grants must be based on need,
including the availability of other providers of service in the area,
efforts to coordinate trips among providers and riders, and the cost
effectiveness of trips provided; and
(b) $19,500,000 is provided solely for formula-based grants to
transit agencies to transport persons with special transportation
needs. To receive a grant, the transit agency must, to the greatest
extent practicable, have a maintenance of effort for special needs
transportation that is no less than the previous year's maintenance of
effort for special needs transportation. Grants for transit agencies
must be prorated based on the amount expended for demand response
service and route deviated service in calendar year 2011 as reported in
the "Summary of Public Transportation - 2011" published by the
department. A transit agency may not receive more than thirty percent
of these distributions.
(2) $17,000,000 of the rural mobility grant program account--state
appropriation is provided solely for grants to aid small cities and
rural areas as prescribed in RCW 47.66.100.
(3) $6,000,000 of the multimodal transportation account--state
appropriation is provided solely for a vanpool grant program for: (a)
Public transit agencies to add vanpools or replace vans; and (b)
incentives for employers to increase employee vanpool use. 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 nonstate funds.
(4) $40,000,000 of the regional mobility grant program account--state appropriation is provided solely for the regional mobility grant
projects, including reappropriations, identified in LEAP Transportation
Document 2013-2 ALL PROJECTS - Public Transportation - Program (V) as
developed April 2, 2013. The department shall review all projects
receiving grant awards under this program at least semiannually to
determine whether the projects are making satisfactory progress or
should be terminated. The department shall promptly close out grants
when projects have been completed, and any remaining funds must be used
only to fund contingency projects identified in the LEAP transportation
document referenced in this subsection. The department shall not
approve any increase or changes to the scope of a project for the
purpose of a grantee expending remaining funds on an awarded grant. A
grantee may not receive more than twenty-five percent of the amount
appropriated in this subsection.
(5) $200,000 of the multimodal transportation account--state
appropriation is contingent on the timely development of an annual
report summarizing the status of public transportation systems as
identified under RCW 35.58.2796.
(6) $6,122,000 of the total appropriation in this section is for
commute trip reduction (CTR) grants and activities. Of this amount:
(a) $3,900,000 of the multimodal transportation account--state
appropriation is provided solely for grants to local jurisdictions,
selected by the CTR board, for the purpose of assisting employers to
meet CTR goals.
(b) $1,770,000 of the multimodal transportation account--state
appropriation is provided solely for state costs associated with CTR.
The department shall develop more efficient methods of CTR assistance
and survey procedures.
(c) $452,000 of the state vehicle parking account--state
appropriation is provided solely for CTR-related expenditures,
including all expenditures related to the guaranteed ride home program
and the STAR pass program.
(7) An affected urban growth area that has not previously
implemented a commute trip reduction program as of the effective date
of this act is exempt from the requirements in RCW 70.94.527.
NEW SECTION. Sec. 221 FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $443,693,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $42,000,000
Puget Sound Ferry Operations Account--Private/Local
Appropriation . . . . . . . . . . . . $121,000
TOTAL APPROPRIATION . . . . . . . . . . . . $485,811,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(2) Until a reservation system is operational on the San Juan
islands inter-island route, the department shall provide the same
priority loading benefits on the San Juan islands inter-island route to
home health care workers as are currently provided to patients
traveling for purposes of receiving medical treatment.
(3) The department may enter into a distributor controlled fuel
hedging program and other methods of hedging approved by the fuel
hedging committee.
(4) $70,342,000 of the Puget Sound ferry operations account--state
appropriation and $42,000,000 of the highway safety account--state
appropriation are provided solely for auto ferry vessel operating fuel
in the 2013-2015 fiscal biennium, which reflect cost savings from a
reduced biodiesel fuel requirement and therefore are contingent upon
the enactment of section 701 of this act. The amount provided in this
appropriation represents the fuel budget for the purposes of
calculating any ferry fare fuel surcharge. The department shall
develop a fuel reduction plan to be submitted as part of their 2014
supplemental budget proposal. The plan must include fuel saving
proposals, such as vessel modifications, and vessel speed reductions
and changes to operating procedures, along with anticipated fuel saving
estimates.
(5) $3,049,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the operating program share of the
$7,259,000 in lease payments for the ferry division's headquarters
building. Consistent with the 2012 facilities oversight plan, the
department shall strive to consolidate office space in downtown Seattle
by the end of 2015. The department shall consider renewing the lease
for the ferry division's current headquarters building only if the
lease rate is reduced at least fifty percent and analysis shows that
this is the least cost and risk option for the department.
Consolidation with other divisions or state agencies, or a reduction in
leased space, must also be considered as part of any headquarters lease
renewal analysis.
(6) $5,000,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the purchase of a 2013-2015 marine
insurance policy. Within this appropriation, the department is
expected to purchase a policy with the lowest deductible possible,
while maintaining at least existing coverage levels for ferry vessels,
and providing coverage for all terminals.
NEW SECTION. Sec. 222 FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $33,934,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $28,331,000 of the multimodal transportation account--state
appropriation is provided solely for the Amtrak service contract and
Talgo maintenance contract associated with providing and maintaining
state-supported passenger rail service. In recognition of the
increased costs the state is expected to absorb due to changes in
federal law, the department is directed to analyze the Amtrak contract
proposal and find cost saving alternatives. The department shall
report to the transportation committees of the legislature before the
2014 regular legislative session on its revisions to the Amtrak
contract, including a review of the appropriate costs within the
contract for concession services, policing, host railroad incentives,
and station services and staffing needs. Within thirty days of each
annual cost/revenue reconciliation under the Amtrak service contract,
the department shall report any changes that would affect the state
subsidy amount appropriated in this subsection.
(2) Amtrak Cascades runs may not be eliminated.
(3) The department shall continue a pilot program partnering with
the travel industry on the Amtrak Cascades service between Vancouver,
British Columbia, and Seattle to test opportunities for increasing
ridership, maximizing farebox recovery, and stimulating private
investment. The pilot program must run from December 31, 2013, to
December 31, 2014. The department shall report on the results of the
pilot program to the office of financial management and the
transportation committees of the legislature by January 31, 2015.
NEW SECTION. Sec. 223 FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $8,728,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,295,000
NEW SECTION. Sec. 301 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $3,576,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The Washington state patrol, in cooperation with the Washington
state department of transportation, must study the federal funding
options available for weigh station construction and improvements on
the national highway system. A study report must be provided by July
1, 2014, to the office of financial management and the transportation
committees of the legislature with recommendations on utilizing federal
funds for weigh station projects.
(2) $1,076,000 of the state patrol highway account--state
appropriation is provided solely for the following minor works
projects: $200,000 for emergency infrastructure repairs, $426,000 for
roof repairs and replacements, and $450,000 for weigh station
rehabilitations.
(3) $2,500,000 of the state patrol highway account--state
appropriation is provided solely for the design and reconstruction of
the Everett weigh station and detachment office.
NEW SECTION. Sec. 302 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State
Appropriation . . . . . . . . . . . . $35,894,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $706,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $30,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $76,600,000
NEW SECTION. Sec. 303 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . $3,500,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $174,225,000
TOTAL APPROPRIATION . . . . . . . . . . . . $187,725,000
The appropriations in this section are subject to the following
conditions and limitations: The highway safety account--state
appropriation is provided solely for: (1) The arterial preservation
program to help low tax-based, medium-sized cities preserve arterial
pavements; (2) the small city pavement program to help cities meet
urgent preservation needs; and (3) the small city low-energy street
light retrofit demonstration program.
NEW SECTION. Sec. 304 FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITIES -- PROGRAM D -- (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $13,425,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $8,280,000
State Toxics Control Account--State Appropriation . . . . . . . . . . . . $1,400,000
TOTAL APPROPRIATION . . . . . . . . . . . . $23,105,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,395,000 of the motor vehicle account--state appropriation is
provided solely for the Olympic region site acquisition debt service
payments and statewide administrative support costs (projects D300701
and D399301).
(2) $4,016,000 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 (project D309701).
(3) $1,400,000 of the state toxics control account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit (projects
D311701 and D398136).
(4) $13,425,000 of the transportation partnership account--state
appropriation is provided solely for the construction of a new traffic
management and emergency operations center on property owned by the
department on Dayton Avenue in Shoreline (project 100010T). Consistent
with the office of financial management's 2012 study, the construction
costs may not exceed $15,000,000. The department shall report to the
transportation committees of the legislature and the office of
financial management by June 30, 2014, on the progress of the
construction of the traffic management and emergency operations center,
including a schedule for terminating the current lease of the Goldsmith
building in Seattle.
NEW SECTION. Sec. 305 FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $1,000,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $1,534,996,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $59,178,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $477,429,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . $208,452,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $242,253,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $737,205,000
State Route Number 520 Corridor Account--Federal
Appropriation . . . . . . . . . . . . $300,000,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $124,000
State Toxics Control Account--State Appropriation . . . . . . . . . . . . $3,953,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,564,590,000
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)--state appropriation and
the entire transportation partnership account--state appropriation are
provided solely for the projects and activities as listed by fund,
project, and amount in LEAP Transportation Document 2013-1 as developed
April 2, 2013, 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) Except as provided otherwise in this section, $59,178,000 of
the motor vehicle account--state appropriation and $477,429,000 of the
motor vehicle account--federal appropriation are provided solely for
the projects and activities as listed by fund, project, and amount in
LEAP Transportation Document 2013-2 ALL PROJECTS as developed April 2,
2013, Program - Highway Improvement Program (I), and any redistributed
federal funds and any savings in federal funds on improvement projects
must first be applied towards the projects identified in the LEAP
transportation document as "Contingency (Unfunded) Highway Preservation
Projects." If the department is unable to use these excess federal
funds described in this subsection on any of the projects identified as
"Contingency (Unfunded) Highway Preservation Projects" in the LEAP
transportation document, the department shall, as soon as practicable,
incorporate the projects into the current statewide transportation
improvement program (STIP) in order to make the projects eligible for
federal funds, as these contingency projects are to be considered among
the state's highest priority preservation projects.
(3) Within the motor vehicle account--federal appropriation, the
department may transfer funds from program I to program P, except for
funds that are otherwise restricted in this act. However, funds may
not be transferred from program P to program I.
(4) The transportation 2003 account (nickel account)--state
appropriation includes up to $218,671,000 in proceeds from the sale of
bonds authorized in RCW 47.10.861.
(5) The transportation partnership account--state appropriation
includes up to $1,153,133,000 in proceeds from the sale of bonds
authorized in RCW 47.10.873.
(6) The motor vehicle account--state appropriation includes up to
$36,000,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(7)(a) $1,334,000 of the transportation partnership account--state
appropriation, $48,433,500 of the motor vehicle account--private/local
appropriation, and $32,020,000 of the motor vehicle account--federal
appropriation are provided solely for the I-5/Columbia River Crossing
project (400506A). The federal funds appropriated in this subsection
reflect the maximum amount of federal funds that may be allocated to
this project. Section 603 of this act does not apply to the I-5/Columbia River Crossing project (400506A) and, therefore, funds shall
not be transferred to this project. Of the amounts appropriated in
this subsection, $1,254,000 of the transportation partnership account--
state appropriation, $30,099,000 of the motor vehicle account--federal
appropriation, and $45,528,000 of the motor vehicle account--private/local appropriation in this subsection are held in unallotted
status and are contingent upon the United States coast guard approving
the I-5/Columbia river crossing project's permit. If the permit is
approved, then the director of the office of financial management may
allot the funds. If the permit is not approved, then the
appropriations in this subsection must be put into allotted status by
the director of the office of financial management and may be used only
for the development of a new supplemental environmental impact
statement to redesign the I-5 bridge between Washington and Oregon in
accordance with the requirements of the United States coast guard. The
department shall not submit the supplemental environmental impact
statement to the appropriate federal agencies for approval until July
1, 2014.
(b) It is the intent of the legislature that Washington and Oregon
have equal funding commitments and equal total expenditures to date on
the shared components of the Columbia river crossing project. The
department shall provide a quarterly report on this project beginning
September 30, 2013. The report must include:
(i) An update on preliminary engineering and right-of-way
acquisition for the previous quarter;
(ii) Planned objectives for right-of-way and preliminary
engineering for the ensuing quarter;
(iii) An updated comparison of the total appropriation authority
for the project by state;
(iv) An updated comparison of the total expenditures to date on the
project by state; and
(v) The committed funding provided by the state of Oregon to right-of-way acquisition.
(8) Within the amounts provided for the I-5/Columbia River Crossing
project (400506A), the department shall conduct a traffic and revenue
analysis for the Columbia river crossing project that will lay the
foundation for investment grade traffic and revenue analysis. While
conducting the analysis, the department must coordinate with the Oregon
state department of transportation, the Washington state transportation
commission, and the Washington state legislative oversight committee.
(a) The department's analysis must include the assessment and
review of the following variables within the project:
(i) Exemptions from tolls for vehicles with two or more occupants;
(ii) A variable toll where the tolls vary by time of day and day of
the week; and
(iii) A frequency-based toll rate for the facility.
(b) The analysis must also assess the following:
(i) The impact that light rail service in the corridor will have on
estimated toll revenues;
(ii) The level of diversion from the Interstate 5 corridor and the
impact on estimated toll revenues; and
(iii) The estimated toll revenues from vehicle trips originating
within the region and outside the region by vehicle type.
(c) The department must submit a report of its findings to the
transportation committees of the legislature by July 1, 2014.
(9)(a) $200,000 of the motor vehicle account--state appropriation
is provided solely for the I-90 Comprehensive Tolling Study and
Environmental Review project (100067T) and must be used in conjunction
with the federal funding identified in the LEAP transportation document
referenced under subsection (2) of this section, which reflects the
maximum amount of federal funds that may be allocated to this project.
The department shall prepare a detailed environmental impact statement
that complies with the national environmental policy act regarding
tolling Interstate 90 between Interstate 5 and Interstate 405 for the
purposes of both managing traffic and providing funding for the
construction of the unfunded state route number 520 from Interstate 5
to Medina project. As part of the preparation of the statement, the
department must review any impacts to the network of highways and roads
surrounding Lake Washington. In developing this statement, the
department must provide significant outreach to potential affected
communities. The department may consider traffic management options
that extend as far east as Issaquah.
(b)(i) As part of the project in this subsection (9), the
department shall perform a study of all funding alternatives to tolling
Interstate 90 to provide funding for construction of the unfunded state
route number 520 and explore and evaluate options to mitigate the
effect of tolling on affected residents and all other users of the
network of highways and roads surrounding Lake Washington including,
but not limited to:
(A) Allowing all Washington residents to traverse a portion of the
tolled section of Interstate 90 without paying a toll. Residents may
choose either (I) the portion of Interstate 90 between the easternmost
landing west of Mercer Island and the westernmost landing on Mercer
Island, or (II) the portion of Interstate 90 between the westernmost
landing east of Mercer Island and the easternmost landing on Mercer
Island;
(B) Assessing a toll only when a driver traverses, in either
direction, the entire portion of Interstate 90 between the easternmost
landing west of Mercer Island and the westernmost landing east of
Mercer Island; and
(C) Allowing affected residents to choose one portion of the tolled
section of Interstate 90 upon which they may travel without paying a
toll. Residents may choose either (I) the portion of Interstate 90
between the easternmost landing west of Mercer Island and the
westernmost landing on Mercer Island, or (II) the portion of Interstate
90 between the westernmost landing east of Mercer Island and the
easternmost landing on Mercer Island.
(ii) The department may also consider any alternative mitigation
options that conform to the purpose of this subsection (9).
(iii) For the purposes of this subsection (9), "affected resident"
means anyone who must use a portion of Interstate 90 west of Interstate
405 upon which tolling is considered in order to access necessary
medical services, such as a hospital.
(10)(a) $541,902,000 of the transportation partnership account--state appropriation, and $78,005,000 of the transportation 2003 account
(nickel account)--state appropriation are provided solely for the SR
99/Alaskan Way Viaduct – Replacement project (809936Z), and must be
used in conjunction with the federal funding identified in the LEAP
transportation document referenced under subsection (2) of this
section, which reflects the maximum amount of federal funds that may be
allocated to this project.
(b) The priority of the legislature is to fund capital construction
of the Alaskan Way viaduct replacement project with toll revenue to the
greatest extent practicable. Therefore, the department's financial
plan for the project must reflect at least $200,000,000 in total
contributions from the Alaskan Way viaduct replacement project account
created under RCW 47.56.864 over the course of construction.
(11) The department shall continue to fund the Alaskan Way viaduct
expert review panel out of the SR 99/Alaskan Way Viaduct - Replacement
project (809936Z) appropriation for the purpose of updating the work
that was previously completed by the panel to ensure that an
appropriate and viable financial plan is created and regularly
reviewed. The expert review panel must report its findings and
recommendations related to funding the cost of capital construction, as
well as operating and maintaining the deep bore tunnel once the project
has been completed, to the transportation committees of the
legislature, the governor's Alaskan Way viaduct project oversight
committee, and the transportation commission every six months until the
project is operationally complete.
(12) $7,048,000 of the transportation partnership account--state
appropriation, $14,594,000 of the transportation 2003 account (nickel
account)--state appropriation, $3,730,000 of the motor vehicle
account--state appropriation, and $1,000,000 of the multimodal
transportation account--state appropriation are provided solely for the
US 395/North Spokane Corridor project (600010A) and must be used in
conjunction with the federal funding identified in the LEAP
transportation document referenced under subsection (2) of this
section, which reflects the maximum amount of federal funds that may be
allocated to this project.
(13) $114,369,000 of the transportation partnership account--state
appropriation and $53,755,000 of the transportation 2003 account
(nickel account)--state appropriation are provided solely for the I-405/Kirkland Vicinity Stage 2 - Widening project (8BI1002). This
project must be completed as soon as practicable as a design-build
project. Any future savings on this project or any other Interstate
405 corridor projects must stay on the Interstate 405 corridor and be
made available to either the I-405/SR 167 Interchange - Direct
Connector project (140504C) or the I-405 Renton to Bellevue project.
(14)(a) The SR 520 Bridge Replacement and HOV project (BI1003) is
supported over time from multiple sources, including a $300,000,000
TIFIA loan, $819,524,625 in Garvee bonds, toll revenues, state bonds,
interest earnings, and other miscellaneous sources.
(b) The state route number 520 corridor account--state
appropriation includes up to $668,142,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879 and 47.10.886.
(c) The state route number 520 corridor account--federal
appropriation includes up to $300,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879 and 47.10.886.
(d) $153,124,000 of the transportation partnership account--state
appropriation, $300,000,000 of the state route number 520 corridor
account--federal appropriation, and $737,205,000 of the state route
number 520 corridor account--state appropriation are provided solely
for the SR 520 Bridge Replacement and HOV project (BI1003) and must be
used in conjunction with the federal funding identified in the LEAP
transportation document referenced under subsection (2) of this
section, which reflects the maximum amount of federal funds that may be
allocated to this project. Of the amounts appropriated in this
subsection (14)(d), $105,085,000 of the state route number 520 corridor
account--federal appropriation and $227,415,000 of the state route
number 520 corridor account--state appropriation must be put into
unallotted status and are subject to review by the office of financial
management. The director of the office of financial management shall
consult with the joint transportation committee prior to making a
decision to allot these funds.
(e) When developing the financial plan for the project, the
department shall assume that all maintenance and operation costs for
the new facility are to be covered by tolls collected on the toll
facility and not by the motor vehicle account.
(15) The department shall itemize all future requests for the
construction of buildings on a project list and submit them through the
transportation executive information system as part of the department's
2014 budget submittal. It is the intent of the legislature that new
facility construction must be transparent and not appropriated within
larger highway construction projects.
(16) $28,963,000 of the motor vehicle account--state appropriation
is provided solely for improvement program support activities
(095901X). $18,000,000 of this amount must be held in unallotted
status until the office of financial management certifies that the
department's 2014 supplemental budget request conforms to the terms of
subsection (15) of this section.
(17) $24,452,181 of the motor vehicle account--state appropriation
is provided solely to advance the design, preliminary engineering, and
rights-of-way acquisition for the projects identified in LEAP
Transportation Document 2013-3 as developed April 2, 2013. Funds must
be used to advance the emergent, initial development of these projects
for the purpose of expediting delivery of the associated major
investments when funding for such investments becomes available.
Funding may be reallocated between projects to maximize the
accomplishment of design and preliminary engineering work and rights-of-way acquisition, provided that all projects are addressed. It is
the intent of the legislature that, while seeking to maximize the
outcomes in this section, the department shall provide for continuity
of both the state and consulting engineer workforce, while
strategically utilizing private sector involvement to ensure
consistency with the department's business plan for staffing in the
highway construction program during the 2013-2015 fiscal biennium.
(18) The department shall consult with the chairs of the senate
transportation committee and the house of representatives
transportation committee whenever the department is in negotiations to
provide a public or private entity mitigation for one million dollars
or more.
(19) Any new advisory group that the department convenes during the
2013-2015 fiscal biennium must be representative of the interests of
the entire state of Washington.
(20) $3,953,000 of the state toxics control account--state
appropriation is provided solely for storm water and mitigation site
improvements (0B14003).
NEW SECTION. Sec. 306 FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $36,480,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $54,064,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $624,779,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . $11,260,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $2,285,000
TOTAL APPROPRIATION . . . . . . . . . . . . $738,868,000
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)--state appropriation and
the entire transportation partnership account--state appropriation are
provided solely for the projects and activities as listed by fund,
project, and amount in LEAP Transportation Document 2013-1 as developed
April 2, 2013, Program - Highway Preservation Program (P). However,
limited transfers of specific line-item project appropriations may
occur between projects for those amounts listed subject to the
conditions and limitations in section 603 of this act.
(2) Except as provided otherwise in this section, $54,064,000 of
the motor vehicle account--state appropriation and $624,779,000 of the
motor vehicle account--federal appropriation are provided solely for
the projects and activities as listed by fund, project, and amount in
LEAP Transportation Document 2013-2 ALL PROJECTS as developed April 2,
2013, Program - Highway Preservation Program (P), and any redistributed
federal funds for state projects and any savings in federal funds on
preservation projects must first be applied towards the projects
identified in the LEAP transportation document as "Contingency
(Unfunded) Highway Preservation Projects." If the department is unable
to use these excess federal funds described in this subsection on any
of the projects identified as "Contingency (Unfunded) Highway
Preservation Projects" in the LEAP transportation document, the
department shall, as soon as practicable, incorporate the projects into
the current statewide transportation improvement program (STIP) in
order to make the projects eligible for federal funds, as these
contingency projects are to be considered among the state's highest
priority preservation projects.
(3) The motor vehicle account--state appropriation includes up to
$14,000,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(4) 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.
(5) The department shall apply for surface transportation program
enhancement funds to be expended in lieu of or in addition to state
funds for eligible costs of projects in programs I and P.
(6) $27,278,000 of the motor vehicle account -- federal appropriation
and $1,141,000 of the motor vehicle account -- state appropriation are
provided solely for the SR 167/Puyallup River Bridge Replacement
project (316725A). This project must be completed as a design-build
project. The department must work with local jurisdictions and the
community during the environmental review process to develop
appropriate esthetic design elements, at no additional cost to the
department, and traffic management plans pertaining to this project.
The department must report to the transportation committees of the
legislature on estimated cost and/or time savings realized as a result
of using the design-build process.
NEW SECTION. Sec. 307 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $3,194,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,959,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,153,000
The appropriations in this section are subject to the following
conditions and limitations: $694,000 of the motor vehicle account -- state appropriation is provided solely for project 000005Q as state
matching funds for federally selected competitive grants or
congressional earmark projects. These moneys must be placed into
reserve status until such time as federal funds are secured that
require a state match.
NEW SECTION. Sec. 308 FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
Appropriation . . . . . . . . . . . . $45,301,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . $94,981,000
Puget Sound Capital Construction Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,145,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $313,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $109,557,000
TOTAL APPROPRIATION . . . . . . . . . . . . $251,297,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed in LEAP Transportation Document 2013-2 ALL
PROJECTS as developed April 2, 2013, Program - Washington State Ferries
Capital Program (W).
(2) $4,000,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital repair
costs (project 999910K). Funds may be spent only after approval from
the office of financial management.
(3) $23,085,000 of the transportation 2003 account (nickel
account)--state appropriation is provided solely for completion of the
first 144-car olympic class vessel.
(4) $84,053,000 of the transportation 2003 account (nickel
account)--state appropriation is provided solely for completion of the
second 144-car olympic class vessel.
(5) $13,738,000 of the total appropriation is for continued work on
the Mukilteo ferry terminal (project 952515P). To the greatest extent
practicable, the department shall secure additional federal funding for
this project.
(6) $4,210,000 of the Puget Sound capital construction account--state appropriation is provided solely for the capital program share of
$7,259,000 in lease payments for the ferry division's headquarters
building. Consistent with the 2012 facilities oversight plan, the
department shall strive to consolidate office space in downtown Seattle
by the end of 2015. The department shall consider renewing the lease
for the ferry division's current headquarters building only if the
lease rate is reduced at least fifty percent and analysis shows that
this is the least cost and risk option for the department.
Consolidation with other divisions or state agencies, or a reduction in
leased space, must also be considered as part of any headquarters lease
renewal analysis.
(7) $21,950,000 of the total appropriation is for preservation work
on the Hyak super class vessel (project 944431D), including
installation of a power management system and more efficient propulsion
systems, that in combination are anticipated to save up to twenty
percent in fuel and reduce maintenance costs. Upon completion of this
project, the department shall provide a report to the transportation
committees of the legislature on the fuel and maintenance savings
achieved for this vessel and the potential to save additional funds
through other vessel conversions.
NEW SECTION. Sec. 309 FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account -- State
Appropriation . . . . . . . . . . . . $861,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . $8,582,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $31,568,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $318,960,000
TOTAL APPROPRIATION . . . . . . . . . . . . $359,971,000
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 2013-2 ALL PROJECTS as developed April 2, 2013, Program - Rail
Capital Program (Y).
(b) Within the amounts provided in this section, $7,332,000 of the
transportation infrastructure account--state appropriation is for low-interest loans through the freight rail investment bank program for
specific projects listed as recipients of these loans in the LEAP
transportation document identified in (a) of this subsection. Of the
amount identified in this subsection (1)(b), $900,000 in the rail bank
(project F01000A) is for a low-interest loan to the Port of Everett.
Of the amount identified in this subsection (1)(b), $400,000 in the
rail bank (project F01000A) is for a low-interest loan to the city of
Richland for a passing track. The department shall issue freight rail
investment bank program loans with a repayment period of no more than
ten years, and only so much interest as is necessary to recoup the
department's costs to administer the loans.
(c) Within the amounts provided in this section, $2,439,000 of the
multimodal transportation account--state appropriation, $1,250,000 of
the transportation infrastructure account--state appropriation, and
$311,000 of the essential rail assistance account--state appropriation
are for statewide freight rail assistance program grants identified in
the LEAP transportation document identified in (a) of this subsection.
(2)(a) Unsuccessful 2012 freight rail assistance program grant
applicants may be awarded freight rail investment bank program loans,
if eligible. If any funds remain in the freight rail investment bank
or freight rail assistance program reserves (projects F01001A and
F01000A), or any approved grants or loans are terminated, the
department shall issue a call for projects for the freight rail
investment bank loan program and the freight rail assistance grant
program, and shall evaluate the applications in a manner consistent
with past practices as specified in section 309, chapter 367, Laws of
2011. By November 1, 2013, the department shall submit a prioritized
list of recommended projects to the office of financial management and
the transportation committees of the legislature.
(3) 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.
(4) $314,647,000 of the multimodal transportation account--federal
appropriation and $4,867,000 of the multimodal transportation account--state appropriation are provided solely for expenditures related to
passenger high-speed rail grants. The multimodal transportation
account--state appropriation funds reflect one and one-half percent of
the total project funds, and are provided solely for expenditures that
are not eligible for federal reimbursement.
(5) $550,000 of the essential rail assistance account--state
appropriation is provided solely for the purpose of rehabilitation and
maintenance of the Palouse river and Coulee City railroad line.
Expenditures from this appropriation may not exceed the combined total
of:
(a) Revenues deposited into the essential rail assistance account
from leases and sale of property pursuant to RCW 47.76.290; and
(b) Revenues transferred from the miscellaneous program account to
the essential rail assistance account, pursuant to RCW 47.76.360, for
the purpose of sustaining the grain train program by maintaining the
Palouse river and Coulee City railroad line.
(6) 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.
NEW SECTION. Sec. 310 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 . . . . . . . . . . . . $11,794,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $7,214,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $11,305,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,168,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $29,513,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . $10,236,000
Freight Mobility Multimodal Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,320,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $13,913,000
TOTAL APPROPRIATION . . . . . . . . . . . . $89,272,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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 2013-2 ALL PROJECTS as developed April 2, 2013, Program -Local Program (Z).
(2) With each department budget submittal, the department shall
provide an update on the status of the repayment of the twenty million
dollars of unobligated federal funds authority advanced by the
department in September 2010 to the city of Tacoma for the Murray
Morgan/11th Street bridge project.
(3) Consistent with federal funding levels from the 2011-2013
omnibus transportation appropriations act and the intent of the fee
increases in chapter 74, Laws of 2012 and chapter 80, Laws of 2012,
$23,955,000 of the appropriation in this section is provided solely for
the safe routes to school grant program as identified in the LEAP
transportation document referenced under subsection (1) of this
section. Of this amount, $11,700,000 of the motor vehicle account--federal appropriation and $6,800,000 of the highway safety account--state appropriation are provided for newly selected projects and
$3,400,000 of the motor vehicle account--federal appropriation and
$2,055,000 of the highway safety account--state appropriation are
reappropriated for projects selected in previous biennia.
(4) The department shall submit a report to the transportation
committees of the legislature by December 1, 2013, and December 1,
2014, on the status of projects funded as part of the pedestrian
safety/safe routes to school grant program (0LP600P). The report must
include, but is not limited to, a list of projects selected and a brief
description of each project's status.
(5) $584,000 of the motor vehicle account--state appropriation,
$3,250,000 of the motor vehicle account--federal appropriation,
$2,450,000 of the highway safety account--state appropriation,
$11,794,000 of the freight mobility investment account--state
appropriation, $10,236,000 of the freight mobility multimodal account--state appropriation, and $1,320,000 of the freight mobility multimodal
account--private/local appropriation are provided solely for grant
projects selected by the freight mobility strategic investment board,
as identified in the LEAP transportation document referenced under
subsection (1) of this section. The highway safety account--state
appropriation in this subsection is for the freight mobility strategic
investment board for grants to meet urgent freight corridor improvement
and preservation needs.
NEW SECTION. Sec. 311 QUARTERLY REPORTING REQUIREMENTS FOR
CAPITAL PROGRAM
On a quarterly basis, the department of transportation shall
provide to the office of financial management and the legislative
transportation committees the following reports for all capital
programs:
(1) For active projects, the report must include:
(a) A TEIS version containing actual capital expenditures for all
projects consistent with the structure of the most recently enacted
budget;
(b) Anticipated cost savings, cost increases, reappropriations, and
schedule adjustments for all projects consistent with the structure of
the most recently enacted budget;
(c) The award amount, the engineer's estimate, and the number of
bidders for all active projects consistent with the structure of the
most recently enacted budget;
(d) Projected costs and schedule for individual projects that are
funded at a programmatic level for projects relating to bridge rail,
guard rail, fish passage barrier removal, roadside safety projects, and
seismic bridges. Projects within this programmatic level funding must
be completed on a priority basis and scoped to be completed within the
current programmatic budget;
(e) Highway projects that may be reduced in scope and still achieve
a functional benefit;
(f) Highway projects that have experienced scope increases and that
can be reduced in scope;
(g) Highway projects that have lost significant local or regional
contributions that were essential to completing the project; and
(h) Contingency amounts for all projects consistent with the
structure of the most recently enacted budget.
(2) For completed projects, the report must:
(a) Compare the costs and operationally complete date for projects
with budgets of twenty million dollars that are funded with preexisting
funds to the original project cost estimates and schedule; and
(b) Provide a list of nickel and TPA projects charging to the
nickel/TPA environmental mitigation reserve (OBI4ENV) and the amount
each project is charging.
(3) For prospective projects, the report must:
(a) Identify the estimated advertisement date for all projects
consistent with the structure of the most recently enacted
transportation budget that are going to advertisement during the
current fiscal biennium;
(b) Identify the anticipated operationally complete date for all
projects consistent with the structure of the most recently enacted
transportation budget that are going to advertisement during the
current fiscal biennium; and
(c) Identify the estimated cost of completion for all projects
consistent with the structure of the most recently enacted
transportation budget that are going to advertisement during the
current fiscal biennium.
(4) The department shall provide a list of change orders executed
for each fiscal quarter beginning September 30, 2013. The report must
include the name of the contractor, the dollar value of the change
order, and a brief explanation for why there needs to be a change
order.
(5) The department shall provide a quarterly report, beginning
September 30, 2013, on project mitigation costs. The report must show:
(a) All mitigation payments made during the current fiscal
biennium;
(b) The party with whom the mitigation was negotiated; and
(c) The parties with whom the department are in on-going
negotiations.
NEW SECTION. Sec. 312 ANNUAL REPORTING REQUIREMENTS FOR CAPITAL
PROGRAM
(1) As part of its budget submittal for the 2014 supplemental
budget, the department shall provide an update to the report provided
to the legislature in 2013 that: (a) Compares the original project
cost estimates approved in the 2003 and 2005 project lists to the
completed cost of the project, or the most recent legislatively
approved budget and total project costs for projects not yet completed;
(b) identifies highway projects that may be reduced in scope and still
achieve a functional benefit; (c) identifies highway projects that have
experienced scope increases and that can be reduced in scope; (d)
identifies highway projects that have lost significant local or
regional contributions that were essential to completing the project;
and (e) identifies contingency amounts allocated to projects.
(2) As part of its budget submittal for the 2014 supplemental
budget, the department shall provide an annual report on the number of
toll credits the department has accumulated and how the department has
used the toll credits.
NEW SECTION. Sec. 313 FEDERAL FUNDS RECEIVED FOR CAPITAL
PROJECT EXPENDITURES
To the greatest extent practicable, the department of
transportation shall expend federal funds received for capital project
expenditures before state funds.
NEW SECTION. Sec. 401 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
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $10,378,000
Highway Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $1,074,487,000
Ferry Bond Retirement Account -- State Appropriation . . . . . . . . . . . . $31,824,000
Transportation Improvement Board Bond Retirement
Account -- State Appropriation . . . . . . . . . . . . $16,267,000
Nondebt-Limit Reimbursable Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $25,825,000
Toll Facility Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $52,050,000
Toll Facility Bond Retirement Account--Federal
Appropriation . . . . . . . . . . . . $64,982,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $1,968,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $450,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $1,900,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,280,131,000
NEW SECTION. Sec. 402 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,153,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $923,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $218,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $50,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,344,000
NEW SECTION. Sec. 403 FOR THE STATE TREASURER -- STATE REVENUES
FOR DISTRIBUTION
Motor Vehicle Account--State Appropriation: For
motor vehicle fuel tax distributions to cities
and counties . . . . . . . . . . . . $474,610,000
NEW SECTION. Sec. 404 FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account--State Appropriation: For
motor vehicle fuel tax refunds and statutory
transfers . . . . . . . . . . . . $1,235,491,000
NEW SECTION. Sec. 405 FOR THE DEPARTMENT OF LICENSING -- TRANSFERS
Motor Vehicle Account--State Appropriation: For motor
vehicle fuel tax refunds and transfers . . . . . . . . . . . . $138,627,000
NEW SECTION. Sec. 406 FOR THE STATE TREASURER -- ADMINISTRATIVE
TRANSFERS
(1) Recreational Vehicle Account -- State
Appropriation: For transfer to the Motor Vehicle
Account -- State . . . . . . . . . . . . $1,300,000
(2) License Plate Technology Account -- State
Appropriation: For transfer to the Highway Safety
Account -- State . . . . . . . . . . . . $3,000,000
(3) Multimodal Transportation Account -- State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account -- State . . . . . . . . . . . . $28,000,000
(4) Rural Mobility Grant Program Account -- State
Appropriation: For transfer to the Multimodal
Transportation Account -- State . . . . . . . . . . . . $3,000,000
(5) Motor Vehicle Account -- State
Appropriation: For transfer to the Special Category C
Account -- State . . . . . . . . . . . . $2,000,000
(6) Capital Vessel Replacement Account -- State
Appropriation: For transfer to the Transportation 2003
Account (Nickel Account) -- State . . . . . . . . . . . . $7,702,000
(7) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway
Account--State . . . . . . . . . . . . $22,250,000
(8) Advanced Environmental Mitigation Revolving
Account---State Appropriation: For transfer to the
Motor Vehicle Account--State . . . . . . . . . . . . $2,000,000
(9) Advanced Right-of-Way Revolving Fund--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $6,000,000
(10) Multimodal Transportation Account--State
Appropriation: For transfer to the Public Transportation
Grant Program Account--State . . . . . . . . . . . . $26,000,000
(11) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . $28,000,000
(12) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Capital Construction
Account--State . . . . . . . . . . . . $42,500,000
(13) State Route Number 520 Civil Penalties
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $975,000
(14) Regional Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $10,000,000
NEW SECTION. Sec. 407 FOR THE STATE TREASURER: FOR
DISTRIBUTION TO TRANSIT ENTITIES
Public Transportation Grant Program Account--State
Appropriation . . . . . . . . . . . . $26,000,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) One-eighth of the appropriation in this section must be
distributed quarterly to transit authorities according to the
distribution formula in subsection (2) of this section. Funding must
be used for operations.
(2) Of the amounts provided in subsection (1) of this section:
(a) One-third must be distributed based on vehicle miles of service
provided;
(b) One-third must be distributed based on the number of vehicle
hours of service provided; and
(c) One-third must be distributed based on the number of passenger
trips.
(3) For the purposes of this section:
(a) "Transit authorities" has the same meaning as in RCW
9.91.025(2)(c).
(b) "Vehicle miles of service," "vehicle hours of service," and
"passenger trips" are transit service metrics as reported by the public
transportation program of the department of transportation in the
annual report required in RCW 35.58.2796 for calendar year 2011.
NEW SECTION. Sec. 408 STATUTORY APPROPRIATIONS
In addition to the amounts appropriated in this act for revenue for
distribution, state contributions to the law enforcement officers' and
firefighters' retirement system, and bond retirement and interest
including ongoing bond registration and transfer charges, transfers,
interest on registered warrants, and certificates of indebtedness,
there is also appropriated such further amounts as may be required or
available for these purposes under any statutory formula or under any
proper bond covenant made under law.
NEW SECTION. Sec. 409 The department of transportation is
authorized to undertake federal advance construction projects under the
provisions of 23 U.S.C. Sec. 115 in order to maintain progress in
meeting approved highway construction and preservation objectives. The
legislature recognizes that the use of state funds may be required to
temporarily fund expenditures of the federal appropriations for the
highway construction and preservation programs for federal advance
construction projects prior to conversion to federal funding.
NEW SECTION. Sec. 501 COLLECTIVE BARGAINING AGREEMENTS NOT
IMPAIRED
Nothing in this act prohibits the expenditure of any funds by an
agency or institution of the state for benefits guaranteed by any
collective bargaining agreement in effect on the effective date of this
section.
NEW SECTION. Sec. 502 COLLECTIVE BARGAINING AGREEMENTS
Sections 503 through 516 of this act represent the results of the
2013-2015 collective bargaining process required under chapters 47.64,
41.80, and 41.56 RCW. Provisions of the collective bargaining
agreements contained in sections 503 through 516 of this act are
described in general terms. Only major economic terms are included in
the descriptions. These descriptions do not contain the complete
contents of the agreements. The collective bargaining agreements or
the continuation of terms and conditions of the 2011-2013 agreements
contained in sections 503 through 516 of this act may also be funded by
expenditures from nonappropriated accounts. If positions are funded
with lidded grants or dedicated fund sources with insufficient revenue,
additional funding from other sources is not provided.
NEW SECTION. Sec. 503 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- OPEIU
An agreement has been reached between the governor and the office
and professional employees international union local eight (OPEIU)
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for an additional step on the OPEIU salary
schedule. The agreement also includes a one percent salary increase
for all bargaining unit members effective July 1, 2014, through June
30, 2015, contingent on the state collecting $200,000,000 or more in
unanticipated general fund--state revenue from increased economic
activity.
NEW SECTION. Sec. 504 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- FASPAA
An agreement has been reached between the governor and the ferry
agents, supervisors, and project administrators association pursuant to
chapter 47.64 RCW for the 2013-2015 fiscal biennium. Funding is
provided for a one percent salary increase for all bargaining unit
members beginning July 1, 2013, and a one percent salary increase for
all bargaining unit members beginning July 1, 2014.
NEW SECTION. Sec. 505 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- SEIU LOCAL 6
An agreement has been reached between the governor and the service
employees international union local six pursuant to chapter 47.64 RCW
for the 2013-2015 fiscal biennium. Funding is provided for a new step
on the salary schedule. The agreement also includes a one percent
salary increase for all bargaining unit members effective July 1, 2014,
through June 30, 2015, contingent on the state collecting $200,000,000
or more in unanticipated general fund--state revenue from economic
activity.
NEW SECTION. Sec. 506 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- CARPENTERS
An agreement has been reached between the governor and the pacific
northwest regional council of carpenters pursuant to chapter 47.64 RCW
for the 2013-2015 fiscal biennium. Funding is provided for a one and
one-half percent salary increase for all bargaining unit members
beginning July 1, 2013, and a one and one-half percent salary increase
for all bargaining unit members beginning July 1, 2014.
NEW SECTION. Sec. 507 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- METAL TRADES
An agreement has been reached between the governor and the Puget
Sound metal trades council through an interest arbitration decision
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for the awarded one and one-half percent salary
increase for all bargaining unit members beginning July 1, 2013, and a
one and one-half percent salary increase for all bargaining unit
members beginning July 1, 2014.
NEW SECTION. Sec. 508 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MEBA-UL
An agreement has been reached between the governor and the marine
engineers' beneficial association unlicensed engine room employees
through an interest arbitration decision pursuant to chapter 47.64 RCW
for the 2013-2015 fiscal biennium. Funding is provided for the awarded
one percent salary increase for all bargaining unit members beginning
July 1, 2013, a one percent salary increase for all bargaining unit
members beginning July 1, 2014, and additional vacation accrual
beginning July 1, 2014.
NEW SECTION. Sec. 509 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MEBA-L
An agreement has been reached between the governor and the marine
engineers' beneficial association licensed engineer officers through an
interest arbitration decision pursuant to chapter 47.64 RCW for the
2013-2015 fiscal biennium. Funding is provided for the awarded one
percent salary increase for all bargaining unit members beginning July
1, 2013, a one percent salary increase for all bargaining unit members
beginning July 1, 2014, and additional vacation accrual beginning July
1, 2014.
NEW SECTION. Sec. 510 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MM&P MATES
An agreement has been reached between the governor and the masters,
mates, and pilots - mates through an interest arbitration decision
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for the awarded three percent salary increase for
all bargaining unit members beginning July 1, 2014, additional pay for
relief employees, increased uniform allowance, and increased Friday
Harbor relief pay.
NEW SECTION. Sec. 511 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MM&P MASTERS
An agreement has been reached between the governor and the masters,
mates, and pilots - masters through an interest arbitration decision
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for a one percent salary increase for all
bargaining unit members beginning July 1, 2013, a one percent salary
increase for all bargaining unit members beginning July 1, 2014, relief
assignment pay for all compensated hours beginning July 1, 2014,
increased uniform allowance, increased license renewal allowance, and
increased Friday Harbor relief pay.
NEW SECTION. Sec. 512 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MM&P WATCH SUPERVISORS
An agreement has been reached between the governor and the masters,
mates, and pilots - watch supervisors through an interest arbitration
decision pursuant to chapter 47.64 RCW for the 2013-2015 fiscal
biennium. Funding is provided for the awarded 16.125 percent salary
increase for all bargaining unit members beginning July 1, 2013, and a
16.125 percent salary increase for all bargaining unit members
beginning July 1, 2014.
NEW SECTION. Sec. 513 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS--IBU
An agreement has been reached between the governor and the
inlandboatmen's union of the pacific pursuant to chapter 47.64 RCW for
the 2013-2015 fiscal biennium. Funding is provided for an eighteen
percent increase for entry-level wage rates for all bargaining unit
members beginning July 1, 2013. For all other wage rates, funding is
provided to increase rates two and one-half percent for all bargaining
unit members beginning July 1, 2013, and to increase rates two and one-half percent for all bargaining unit members beginning July 1, 2014.
Funding is also provided for marine license fees.
NEW SECTION. Sec. 514 COLLECTIVE BARGAINING AGREEMENTS -- PTE
LOCAL 17
An agreement has been reached between the governor and the
professional and technical employees local seventeen under chapter
41.80 RCW for the 2013-2015 fiscal biennium. Funding is provided to
add a longevity step. The agreement also includes a one percent salary
increase for all bargaining unit members effective July 1, 2014,
through June 30, 2015, contingent on the state collecting $200,000,000
or more in unanticipated general fund--state revenue from increased
economic activity.
NEW SECTION. Sec. 515 COLLECTIVE BARGAINING AGREEMENTS -- WSP
TROOPERS ASSOCIATION
An agreement has been reached between the governor and the
Washington state patrol troopers association through an interest
arbitration decision under chapter 41.56 RCW for the 2013-2015 fiscal
biennium. Funding is provided for the awarded three percent salary
increase for all bargaining unit members effective July 1, 2013, and a
one percent increase to longevity pay for years five through nine
effective July 1, 2014.
NEW SECTION. Sec. 516 COLLECTIVE BARGAINING AGREEMENTS -- WSP
LIEUTENANTS ASSOCIATION
An agreement has been reached between the governor and the
Washington state patrol lieutenants association through an interest
arbitration decision under chapter 41.56 RCW for the 2013-2015 fiscal
biennium. Funding is provided for the awarded three percent salary
increase for all bargaining unit members effective July 1, 2014, and
for parking of department-issued vehicles for employees assigned
vehicles at the general administration building or capitol campus.
NEW SECTION. Sec. 517 COMPENSATION--REPRESENTED EMPLOYEES--SUPER COALITION--INSURANCE BENEFITS
No agreement has been reached between the governor and the health
care super coalition under chapter 41.80 RCW for the 2013-2015 fiscal
biennium. Appropriations in this act for state agencies, including
institutions of higher education, are sufficient to continue the
provisions of the 2011-2013 collective bargaining agreement and are
subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan must not exceed $809 per eligible employee for
fiscal year 2014. For fiscal year 2015, the monthly employer funding
rate must not exceed $820 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board must require any of the
following: Employee premium copayments; increases in point-of-service
cost sharing; the implementation of managed competition; or other
changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts must not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2014 and 2015, the subsidy must be
$150.00 per month.
NEW SECTION. Sec. 518 COMPENSATION--REPRESENTED EMPLOYEES
OUTSIDE SUPER COALITION--INSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for
represented employees outside the super coalition for health benefits
and are subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan must not exceed $809 per eligible employee for
fiscal year 2014. For fiscal year 2015, the monthly employer funding
rate must not exceed $820 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any of the
following: Employee premium copayments; increases in point-of-service
cost sharing; the implementation of managed competition; or other
changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts must not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2014 and 2015, the subsidy must be
$150.00 per month.
NEW SECTION. Sec. 519 COMPENSATION--NONREPRESENTED EMPLOYEES--INSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for
nonrepresented state employee health benefits for state agencies,
including institutions of higher education, and are subject to the
following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan must not exceed $809 per eligible employee for
fiscal year 2014. For fiscal year 2015, the monthly employer funding
rate must not exceed $820 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any of the
following: Employee premium copayments; increases in point-of-service
cost sharing; the implementation of managed competition; or make other
changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts must not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2014 and 2015, the subsidy must be
$150.00 per month.
NEW SECTION. Sec. 520 COMPENSATION--NONREPRESENTED EMPLOYEES--SALARIES AND WAGES
For classified state employees, except those within the Washington
management service and those represented by a bargaining unit under
chapter 41.80, 41.56, or 47.64 RCW, funding is provided within agency
appropriations for implementation of a longevity step, in accordance
with rules adopted under RCW 41.06.133.
Sec. 521 RCW 47.64.170 and 2011 c 367 s 712 are each amended to
read as follows:
(1) Any ferry employee organization certified as the bargaining
representative shall be the exclusive representative of all ferry
employees in the bargaining unit and shall represent all such employees
fairly.
(2) A ferry employee organization or organizations and the governor
may each designate any individual as its representative to engage in
collective bargaining negotiations.
(3) Negotiating sessions, including strategy meetings of the
employer or employee organizations, mediation, and the deliberative
process of arbitrators are exempt from the provisions of chapter 42.30
RCW. Hearings conducted by arbitrators may be open to the public by
mutual consent of the parties.
(4) Terms of any collective bargaining agreement may be enforced by
civil action in Thurston county superior court upon the initiative of
either party.
(5) Ferry system employees or any employee organization shall not
negotiate or attempt to negotiate directly with anyone other than the
person who has been appointed or authorized a bargaining representative
for the purpose of bargaining with the ferry employees or their
representative.
(6)(a) Within ten working days after the first Monday in September
of every odd-numbered year, the parties shall attempt to agree on an
interest arbitrator to be used if the parties are not successful in
negotiating a comprehensive collective bargaining agreement. If the
parties cannot agree on an arbitrator within the ten-day period, either
party may request a list of seven arbitrators from the federal
mediation and conciliation service. The parties shall select an
interest arbitrator using the coin toss/alternate strike method within
thirty calendar days of receipt of the list. Immediately upon
selecting an interest arbitrator, the parties shall cooperate to
reserve dates with the arbitrator for potential arbitration between
August 1st and September 15th of the following even-numbered year. The
parties shall also prepare a schedule of at least five negotiation
dates for the following year, absent an agreement to the contrary. The
parties shall execute a written agreement before November 1st of each
odd-numbered year setting forth the name of the arbitrator and the
dates reserved for bargaining and arbitration. This subsection (6)(a)
imposes minimum obligations only and is not intended to define or limit
a party's full, good faith bargaining obligation under other sections
of this chapter.
(b) The negotiation of a proposed collective bargaining agreement
by representatives of the employer and a ferry employee organization
shall commence on or about February 1st of every even-numbered year.
(c) For negotiations covering the 2009-2011 biennium and subsequent
biennia, the time periods specified in this section, and in RCW
47.64.210 and 47.64.300 through 47.64.320, must ensure conclusion of
all agreements on or before October 1st of the even-numbered year next
preceding the biennial budget period during which the agreement should
take effect. These time periods may only be altered by mutual
agreement of the parties in writing. Any such agreement and any
impasse procedures agreed to by the parties under RCW 47.64.200 must
include an agreement regarding the new time periods that will allow
final resolution by negotiations or arbitration by October 1st of each
even-numbered year.
(7) It is the intent of this section that the collective bargaining
agreement or arbitrator's award shall commence on July 1st of each odd-numbered year and shall terminate on June 30th of the next odd-numbered
year to coincide with the ensuing biennial budget year, as defined by
RCW 43.88.020(7), to the extent practical. It is further the intent of
this section that all collective bargaining agreements be concluded by
October 1st of the even-numbered year before the commencement of the
biennial budget year during which the agreements are to be in effect.
After the expiration date of a collective bargaining agreement
negotiated under this chapter, except to the extent provided in
subsection (11) of this section and RCW 47.64.270(4), all of the terms
and conditions specified in the collective bargaining agreement remain
in effect until the effective date of a subsequently negotiated
agreement, not to exceed one year from the expiration date stated in
the agreement. Thereafter, the employer may unilaterally implement
according to law.
(8) The office of financial management shall conduct a salary
survey, for use in collective bargaining and arbitration, which must be
conducted through a contract with a firm nationally recognized in the
field of human resources management consulting.
(9) Except as provided in subsection (11) of this section:
(a) The governor shall submit a request either for funds necessary
to implement the collective bargaining agreements including, but not
limited to, the compensation and fringe benefit provisions or for
legislation necessary to implement the agreement, or both. Requests
for funds necessary to implement the collective bargaining agreements
shall not be submitted to the legislature by the governor unless such
requests:
(i) Have been submitted to the director of the office of financial
management by October 1st before the legislative session at which the
requests are to be considered; and
(ii) Have been certified by the director of the office of financial
management as being feasible financially for the state.
(b) The governor shall submit a request either for funds necessary
to implement the arbitration awards or for legislation necessary to
implement the arbitration awards, or both. Requests for funds
necessary to implement the arbitration awards shall not be submitted to
the legislature by the governor unless such requests:
(i) Have been submitted to the director of the office of financial
management by October 1st before the legislative session at which the
requests are to be considered; and
(ii) Have been certified by the director of the office of financial
management as being feasible financially for the state.
(c) The legislature shall approve or reject the submission of the
request for funds necessary to implement the collective bargaining
agreements or arbitration awards as a whole for each agreement or
award. The legislature shall not consider a request for funds to
implement a collective bargaining agreement or arbitration award unless
the request is transmitted to the legislature as part of the governor's
budget document submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either party may
reopen all or part of the agreement and award or the exclusive
bargaining representative may seek to implement the procedures provided
for in RCW 47.64.210 and 47.64.300.
(10) If, after the compensation and fringe benefit provisions of an
agreement are approved by the legislature, a significant revenue
shortfall occurs resulting in reduced appropriations, as declared by
proclamation of the governor or by resolution of the legislature, both
parties shall immediately enter into collective bargaining for a
mutually agreed upon modification of the agreement.
(11)(a) For the collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, the legislature may consider a request for
funds to implement a collective bargaining agreement even if the
request for funds was not received by the office of financial
management by October 1st and was not transmitted to the legislature as
part of the governor's budget document submitted under RCW 43.88.030
and 43.88.060.
(b) For the ((2011-2013)) 2013-2015 fiscal biennium, a collective
bargaining agreement related to employee health care benefits
negotiated between the employer and coalition pursuant to RCW
41.80.020(3) regarding the dollar amount expended on behalf of each
employee must be a separate agreement for which the governor may
request funds necessary to implement the agreement. ((If such an
agreement is negotiated and funded by the legislature, this agreement
will supersede any terms and conditions of an expired 2009-2011
biennial master collective bargaining agreement under this chapter
regarding health care benefits.)) The legislature may act upon a 2013-2015 collective bargaining agreement related to employee health care
benefits if an agreement is reached and submitted to the office of
financial management and legislative budget committees before final
legislative action on the biennial or supplemental operating budget by
the sitting legislature.
(c) For the collective bargaining agreements negotiated for the
2013-2015 fiscal biennium, the legislature may consider a request for
funds to implement a collective bargaining agreement reached after
October 1st after a determination of financial infeasibility by the
director of the office of financial management if the request for funds
is transmitted to the legislature as part of the governor's budget
document submitted under RCW 43.88.030 and 43.88.060.
Sec. 522 RCW 47.64.270 and 2011 c 367 s 713 are each amended to
read as follows:
(1) The employer and one coalition of all the exclusive bargaining
representatives subject to this chapter and chapter 41.80 RCW shall
conduct negotiations regarding the dollar amount expended on behalf of
each employee for health care benefits.
(2) Absent a collective bargaining agreement to the contrary, the
department of transportation shall provide contributions to insurance
and health care plans for ferry system employees and dependents, as
determined by the state health care authority, under chapter 41.05 RCW.
(3) The employer and employee organizations may collectively
bargain for insurance plans other than health care benefits, and
employer contributions may exceed that of other state agencies as
provided in RCW 41.05.050.
(4) For the ((2011-2013)) 2013-2015 fiscal biennium, a collective
bargaining agreement related to employee health care benefits
negotiated between the employer and coalition pursuant to RCW
41.80.020(3) regarding the dollar amount expended on behalf of each
employee must be a separate agreement for which the governor may
request funds necessary to implement the agreement. ((If such an
agreement is negotiated and funded by the legislature, this agreement
will supersede any terms and conditions of an expired 2009-2011
biennial collective bargaining agreement under this chapter regarding
health care benefits.))
NEW SECTION. Sec. 601 STAFFING LEVELS
(1) As the department of transportation completes delivery of the
projects funded by the 2003 and 2005 transportation revenue packages,
it is clear that the current staffing levels necessary to deliver these
projects are not sustainable into the future. Therefore, the
department is directed to quickly move forward to develop and implement
new business practices so that a smaller, more nimble state workforce
can effectively and efficiently deliver transportation improvement
programs as they are approved in the future, in strong partnership with
the private sector, while protecting the public's interests and assets.
(2) To this end, the department of transportation is directed to
reduce the size of its engineering and technical workforce to a level
sustained by current law revenue levels currently estimated at two
thousand FTEs by the end of the 2013-2015 fiscal biennium.
(3) In order to successfully deliver the highway construction
program as funded, the department of transportation may continue to
contract out engineering and technical services. In addition, the
department may continue the incentive program for retirements and
employee separations.
NEW SECTION. Sec. 602 FOR THE DEPARTMENT OF TRANSPORTATION
The department shall begin to transition from owning a fleet of
passenger vehicles in Thurston county to using the state motor pool.
The funding appropriated in this act may not be used by programs
headquartered in Thurston county to purchase passenger cars as defined
in RCW 46.04.382.
NEW SECTION. Sec. 603 FUND TRANSFERS
(1) The transportation 2003 projects or improvements and the 2005
transportation partnership projects or improvements are listed in LEAP
Transportation Document 2013-1 as developed April 2, 2013, which
consists of a list of specific projects by fund source and amount over
a ten-year period. Current fiscal biennium funding for each project is
a line-item appropriation, while the outer year funding allocations
represent a ten-year plan. The department is expected to use the
flexibility provided in this section to assist in the delivery and
completion of all transportation partnership account and transportation
2003 account (nickel account) projects on the LEAP transportation
documents referenced in this act. However, this section does not apply
to the I-5/Columbia River Crossing project (400506A). For the 2011-2013 and 2013-2015 project appropriations, unless otherwise provided in
this act, the director of the office of financial management may
authorize a transfer of appropriation authority between projects funded
with transportation 2003 account (nickel account) appropriations, or
transportation partnership account appropriations, in order to manage
project spending and efficiently deliver all projects in the respective
program under the following conditions and limitations:
(a) Transfers may only be made within each specific fund source
referenced on the respective project list;
(b) Transfers from a project may not be made as a result of the
reduction of the scope of a project or be made to support increases in
the scope of a project;
(c) Each transfer between projects may only occur if the director
of financial management finds that any resulting change will not hinder
the completion of the projects as approved by the legislature. Until
the legislature reconvenes to consider the 2014 supplemental omnibus
transportation appropriations act, any unexpended 2011-2013
appropriation balance as approved by the office of financial
management, in consultation with the legislative staff of the house of
representatives and senate transportation committees, may be considered
when transferring funds between projects;
(d) Transfers from a project may be made if the funds appropriated
to the project are in excess of the amount needed to complete the
project;
(e) Transfers may not occur for projects not identified on the
applicable project list;
(f) Transfers may not be made while the legislature is in session;
and
(g) Transfers between projects may be made by the department of
transportation until the transfer amount by project exceeds two hundred
fifty thousand dollars, or ten percent of the total project, whichever
is less. These transfers must be reported quarterly to the director of
financial management and the chairs of the house of representatives and
senate transportation committees.
(2) At the time the department submits a request to transfer funds
under this section, a copy of the request must be submitted to the
transportation committees of the legislature.
(3) The office of financial management shall work with legislative
staff of the house of representatives and senate transportation
committees to review the requested transfers in a timely manner.
(4) The office of financial management shall document approved
transfers and schedule changes in the transportation executive
information system, compare changes to the legislative baseline funding
and schedules identified by project identification number identified in
the LEAP transportation documents referenced in this act, and transmit
revised project lists to chairs of the transportation committees of the
legislature on a quarterly basis.
NEW SECTION. Sec. 604 ACQUISITION OF PROPERTIES AND FACILITIES
THROUGH FINANCIAL CONTRACTS
(1) The following agencies may enter into financial contracts, paid
from any funds of an agency, appropriated or nonappropriated, for the
purposes indicated and in not more than the principal amounts
indicated, plus financing expenses and required reserves pursuant to
chapter 39.94 RCW. When securing properties under this section,
agencies shall use the most economical financial contract option
available, including long-term leases, lease-purchase agreements,
lease-development with option to purchase agreements, or financial
contracts using certificates of participation. Expenditures made by an
agency for one of the indicated purposes before the issue date of the
authorized financial contract and any certificates of participation
therein are intended to be reimbursed from proceeds of the financial
contract and any certificates of participation therein to the extent
provided in the agency's financing plan approved by the state finance
committee.
(2) State agencies may enter into agreements with the department of
enterprise services and the state treasurer's office to develop
requests to the legislature for the acquisition of properties and
facilities through financial contracts. The agreements may include
charges for services rendered.
Washington state patrol: Enter into a financing contract for up to
$3,867,000 plus financing expenses and required reserves pursuant to
chapter 39.94 RCW to purchase and install mobile office platforms in
state patrol and pursuit vehicles.
NEW SECTION. Sec. 605 (1) The department of transportation shall
prepare an updated plan to improve the oversight of real estate
procurement and management practices across all departmental programs
and regions, including the Washington state ferries. The updated plan
must be submitted to the governor and the joint transportation
committee by September 1, 2014. The plan must include:
(a) An inventory of all currently owned and leased office space,
tunnel and bridge operations and maintenance facilities, and traffic
management centers;
(b) A list of all facilities that will be needed for tunnel and
bridge operations or maintenance in the next ten years and the funding
source that is assumed for these facilities;
(c) A prioritized list of all buildings that are planned to be
constructed, renovated, or remodeled in the next ten years and the
funding source that is assumed for these facility improvements;
(d) A list of options for consolidating staff, equipment, and
operations activities to reduce costs. This list must include an
evaluation of the costs and benefits of owning properties as compared
to leasing them using a life-cycle cost analysis; and
(e) A process and plan for regularly evaluating needs for office
space, tunnel and bridge operations and maintenance facilities, and
traffic management.
(2) Except as provided otherwise in the act, the department of
transportation may not enter into new leases, equal value exchanges, or
property acquisitions for office needs without first consulting with
the office of financial management.
NEW SECTION. Sec. 606 VOLUNTARY RETIREMENT AND SEPARATION
INCENTIVES
As a management tool to reduce costs and make more effective use of
resources, while improving employee productivity and morale, agencies
may implement a voluntary retirement and/or separation program that is
cost neutral or results in cost savings, including costs to the state
pension systems, over a two-year period following the commencement of
the program, provided that the program is approved by the director of
financial management. Agencies participating in this authorization may
offer voluntary retirement and/or separation incentives and options
according to procedures and guidelines established by the office of
financial management, in consultation with the office of the state
human resources director and the department of retirement systems. The
options may include, but are not limited to, financial incentives for
voluntary separation or retirement. An employee does not have any
contractual right to a financial incentive offered pursuant to this
section. Offers must be reviewed and monitored jointly by the office
of the state human resources director and the department of retirement
systems. Agencies must submit a report by June 30, 2015, to the
legislature and the office of financial management on the outcome of
their approved incentive program. The report should include
information on the details of the program, including the incentive
payment amount for each participant, the total cost to the state, and
the projected or actual net dollar savings over the two-year period.
The department of retirement systems may collect from employers the
actuarial cost of any incentive provided under this program, or any
other incentive to retire provided by employers to members of the
state's pension systems, for deposit in the appropriate pension
account.
NEW SECTION. Sec. 607 WEB SITE REPORTING REQUIREMENTS FOR THE
DEPARTMENT OF TRANSPORTATION
(1) The department of transportation shall post on its web site
every report that is due from the department to the legislature during
the 2013-2015 fiscal biennium on one web page. The department must
post both completed reports and planned reports on a single web page.
(2) The department shall provide a web link for each change order
that is more than five hundred thousand dollars on the affected project
web page.
NEW SECTION. Sec. 608 The department of transportation may
provide up to $3,000,000 in toll credits to Kitsap Transit for its role
in passenger-only ferry service and ferry corridor-related projects.
The number of toll credits provided must be equal to, but no more than,
the number sufficient to meet federal match requirements for grant
funding for passenger-only ferry service, but must not exceed the
amount authorized in this section.
Sec. 701 RCW 43.19.642 and 2012 c 86 s 802 are each amended to
read as follows:
(1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection
agency for on-highway diesel fuel, agencies shall use biodiesel as an
additive to ultra-low sulfur diesel for lubricity, provided that the
use of a lubricity additive is warranted and that the use of biodiesel
is comparable in performance and cost with other available lubricity
additives. The amount of biodiesel added to the ultra-low sulfur
diesel fuel shall be not less than two percent.
(2) Except as provided in subsection (5) of this section, effective
June 1, 2009, state agencies are required to use a minimum of twenty
percent biodiesel as compared to total volume of all diesel purchases
made by the agencies for the operation of the agencies' diesel-powered
vessels, vehicles, and construction equipment.
(3) All state agencies using biodiesel fuel shall, beginning on
July 1, 2006, file biannual reports with the department of enterprise
services documenting the use of the fuel and a description of how any
problems encountered were resolved.
(4) By December 1, 2009, the department of enterprise services
shall:
(a) Report to the legislature on the average true price
differential for biodiesel by blend and location; and
(b) Examine alternative fuel procurement methods that work to
address potential market barriers for in-state biodiesel producers and
report these findings to the legislature.
(5) During the 2011-2013 and 2013-2015 fiscal ((biennium)) biennia,
the Washington state ferries is required to use a minimum of five
percent biodiesel as compared to total volume of all diesel
((purchased)) purchases made by the Washington state ferries for the
operation of the Washington state ferries diesel-powered vessels, as
long as the price of a B5 biodiesel blend does not exceed the price of
conventional diesel fuel by five percent or more.
Sec. 702 RCW 46.68.170 and 2011 c 367 s 715 are each amended to
read as follows:
There is hereby created in the motor vehicle fund the RV account.
All moneys hereafter deposited in said account shall be used by the
department of transportation for the construction, maintenance, and
operation of recreational vehicle sanitary disposal systems at safety
rest areas in accordance with the department's highway system plan as
prescribed in chapter 47.06 RCW. During the ((2009-2011 and)) 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from
the RV account to the motor vehicle fund such amounts as reflect the
excess fund balance of the RV account to accomplish the purposes
identified in this section.
Sec. 703 RCW 46.68.320 and 2010 c 247 s 702 are each amended to
read as follows:
(1) The regional mobility grant program account is hereby created
in the state treasury. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used only for the
grants provided under RCW 47.66.030.
(2) Beginning with September 2007, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the regional
mobility grant program account five million dollars.
(3) Beginning with September 2015, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the regional
mobility grant program account six million two hundred fifty thousand
dollars.
(4) During the ((2009-2011 fiscal biennium)) 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from the regional
mobility grant program account to the multimodal transportation account
such amounts as reflect the excess fund balance of the regional
mobility grant program account.
Sec. 704 RCW 46.68.325 and 2011 c 367 s 721 are each amended to
read as follows:
(1) The rural mobility grant program account is created in the
state treasury. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used only for the
grants provided under RCW 47.66.100.
(2) Beginning September 2011, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the rural
mobility grant program account two million five hundred thousand
dollars.
(3) During the 2011-2013 and 2013-2015 fiscal ((biennium)) biennia,
the legislature may transfer from the rural mobility grant program
account to the multimodal transportation account such amounts as
reflect the excess fund balance of the rural mobility grant program
account.
Sec. 705 RCW 46.68.370 and 2011 c 367 s 716 are each amended to
read as follows:
The license plate technology account is created in the state
treasury. All receipts collected under RCW 46.17.015 must be deposited
into this account. Expenditures from this account must support current
and future license plate technology and systems integration upgrades
for both the department and correctional industries. Moneys in the
account may be spent only after appropriation. Additionally, the
moneys in this account may be used to reimburse the motor vehicle
account for any appropriation made to implement the digital license
plate system. During the 2011-2013 and 2013-2015 fiscal ((biennium))
biennia, the legislature may transfer from the license plate technology
account to the highway safety account [fund] such amounts as reflect
the excess fund balance of the license plate technology account.
Sec. 706 RCW 47.12.244 and 2011 c 367 s 717 are each amended to
read as follows:
There is created the "advance right-of-way revolving fund" in the
custody of the treasurer, into which the department is authorized to
deposit directly and expend without appropriation:
(1) An initial deposit of ten million dollars from the motor
vehicle fund included in the department of transportation's 1991-93
budget;
(2) All moneys received by the department as rental income from
real properties that are not subject to federal aid reimbursement,
except moneys received from rental of capital facilities properties as
defined in chapter 47.13 RCW; and
(3) Any federal moneys available for acquisition of right-of-way
for future construction under the provisions of section 108 of Title
23, United States Code.
During the ((2009-2011 and)) 2011-2013 and 2013-2015 fiscal
biennia, the legislature may transfer from the advance right-of-way
revolving fund to the motor vehicle account amounts as reflect the
excess fund balance of the advance right-of-way revolving fund.
Sec. 707 RCW 47.12.340 and 2010 c 247 s 703 are each amended to
read as follows:
The advanced environmental mitigation revolving account is created
in the custody of the treasurer, into which the department shall
deposit directly and may expend without appropriation:
(1) An initial appropriation included in the department of
transportation's 1997-99 budget, and deposits from other identified
sources;
(2) All moneys received by the department from internal and
external sources for the purposes of conducting advanced environmental
mitigation; and
(3) Interest gained from the management of the advanced
environmental mitigation revolving account.
(4) During the ((2009-2011 fiscal biennium)) 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from the advanced
environmental mitigation revolving account to the motor vehicle account
such amounts as reflect the excess fund balance of the advanced
environmental mitigation revolving account.
Sec. 708 RCW 47.56.876 and 2011 c 367 s 720 are each amended to
read as follows:
(((1))) A special account to be known as the state route number 520
civil penalties account is created in the state treasury. All state
route number 520 bridge replacement and HOV program civil penalties
generated from the nonpayment of tolls on the state route number 520
corridor must be deposited into the account, as provided under RCW
47.56.870(4)(b)(vii). Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used to fund any
project within the state route number 520 bridge replacement and HOV
program, including mitigation. During the 2011-2013 and 2013-2015
fiscal ((biennium)) biennia, the legislature may transfer from the
state route number 520 civil penalties account to the state route
number 520 corridor account such amounts as reflect the excess fund
balance of the state route number 520 civil penalties account. Funds
transferred must be used solely for capital expenditures for the state
route number 520 bridge replacement and HOV project (8BI1003).
(((2) This section is contingent on the enactment by June 30, 2010,
of either chapter 249, Laws of 2010 or chapter . . . (Substitute House
Bill No. 2897), Laws of 2010, but if the enacted bill does not
designate the department as the toll penalty adjudicating agency, this
section is null and void.))
Sec. 709 RCW 70.105D.070 and 2012 2nd sp.s. c 7 s 920 and 2012
2nd sp.s. c 2 s 6005 are each reenacted and amended to read as follows:
(1) The state toxics control account and the local toxics control
account are hereby created in the state treasury.
(2) The following moneys shall be deposited into the state toxics
control account: (a) Those revenues which are raised by the tax
imposed under RCW 82.21.030 and which are attributable to that portion
of the rate equal to thirty-three one-hundredths of one percent; (b)
the costs of remedial actions recovered under this chapter or chapter
70.105A RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the account by
the legislature. Moneys in the account may be used only to carry out
the purposes of this chapter, including but not limited to the
following activities:
(i) The state's responsibility for hazardous waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under this
chapter;
(iv) State matching funds required under the federal cleanup law;
(v) Financial assistance for local programs in accordance with
chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction, recycling,
or disposal of hazardous wastes from households, small businesses, and
agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and monitoring
programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional citizen
advisory committees;
(xi) Public funding to assist potentially liable persons to pay for
the costs of remedial action in compliance with cleanup standards under
RCW 70.105D.030(2)(e) but only when the amount and terms of such
funding are established under a settlement agreement under RCW
70.105D.040(4) and when the director has found that the funding will
achieve both (A) a substantially more expeditious or enhanced cleanup
than would otherwise occur, and (B) the prevention or mitigation of
unfair economic hardship;
(xii) Development and demonstration of alternative management
technologies designed to carry out the hazardous waste management
priorities of RCW 70.105.150;
(xiii) During the 2009-2011 and 2011-2013 fiscal biennia, shoreline
update technical assistance;
(xiv) During the 2009-2011 fiscal biennium, multijurisdictional
permitting teams;
(xv) During the 2011-2013 fiscal biennium, actions for reducing
public exposure to toxic air pollution, and actions taken through the
family forest fish passage program to correct barriers to fish passage
on privately owned small forest lands; ((and))
(xvi) During the 2011-2013 fiscal biennium, the department of
ecology's water quality, shorelands and environmental assessment,
hazardous waste, waste to resources, nuclear waste, and air quality
programs; and
(xvii) During the 2013-2015 fiscal biennium, storm water permit
compliance activities at the department of transportation.
(3) The following moneys shall be deposited into the local toxics
control account: Those revenues which are raised by the tax imposed
under RCW 82.21.030 and which are attributable to that portion of the
rate equal to thirty-seven one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account shall be
used by the department for grants or loans to local governments for the
following purposes in descending order of priority:
(i) Remedial actions;
(ii) Hazardous waste plans and programs under chapter 70.105 RCW;
(iii) Solid waste plans and programs under chapters 70.95, 70.95C,
70.95I, and 70.105 RCW;
(iv) Funds for a program to assist in the assessment and cleanup of
sites of methamphetamine production, but not to be used for the initial
containment of such sites, consistent with the responsibilities and
intent of RCW 69.50.511; and
(v) Cleanup and disposal of hazardous substances from abandoned or
derelict vessels, defined for the purposes of this section as vessels
that have little or no value and either have no identified owner or
have an identified owner lacking financial resources to clean up and
dispose of the vessel, that pose a threat to human health or the
environment.
(b) Funds for plans and programs shall be allocated consistent with
the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW, except that any applicant that
is a Puget Sound partner, as defined in RCW 90.71.010, along with any
project that is referenced in the action agenda developed by the Puget
Sound partnership under RCW 90.71.310, shall, except as conditioned by
RCW 70.105D.120, receive priority for any available funding for any
grant or funding programs or sources that use a competitive bidding
process. During the 2007-2009 fiscal biennium, moneys in the account
may also be used for grants to local governments to retrofit public
sector diesel equipment and for storm water planning and implementation
activities.
(c) To expedite cleanups throughout the state, the department shall
partner with local communities and liable parties for cleanups. The
department is authorized to use the following additional strategies in
order to ensure a healthful environment for future generations:
(i) The director may alter grant-matching requirements to create
incentives for local governments to expedite cleanups when one of the
following conditions exists:
(A) Funding would prevent or mitigate unfair economic hardship
imposed by the clean-up liability;
(B) Funding would create new substantial economic development,
public recreational, or habitat restoration opportunities that would
not otherwise occur; or
(C) Funding would create an opportunity for acquisition and
redevelopment of vacant, orphaned, or abandoned property under RCW
70.105D.040(5) that would not otherwise occur;
(ii) The use of outside contracts to conduct necessary studies;
(iii) The purchase of remedial action cost-cap insurance, when
necessary to expedite multiparty clean-up efforts.
(d) To facilitate and expedite cleanups using funds from the local
toxics control account, during the 2009-2011 fiscal biennium the
director may establish grant-funded accounts to hold and disperse local
toxics control account funds and funds from local governments to be
used for remedial actions.
(4) Except for unanticipated receipts under RCW 43.79.260 through
43.79.282, moneys in the state and local toxics control accounts may be
spent only after appropriation by statute.
(5) Except during the 2011-2013 fiscal biennium, one percent of the
moneys deposited into the state and local toxics control accounts shall
be allocated only for public participation grants to persons who may be
adversely affected by a release or threatened release of a hazardous
substance and to not-for-profit public interest organizations. The
primary purpose of these grants is to facilitate the participation by
persons and organizations in the investigation and remedying of
releases or threatened releases of hazardous substances and to
implement the state's solid and hazardous waste management priorities.
No grant may exceed sixty thousand dollars. Grants may be renewed
annually. Moneys appropriated for public participation from either
account which are not expended at the close of any biennium shall
revert to the state toxics control account.
(6) No moneys deposited into either the state or local toxics
control account may be used for solid waste incinerator feasibility
studies, construction, maintenance, or operation, or, after January 1,
2010, for projects designed to address the restoration of Puget Sound,
funded in a competitive grant process, that are in conflict with the
action agenda developed by the Puget Sound partnership under RCW
90.71.310.
(7) The department shall adopt rules for grant or loan issuance and
performance.
(8) During the 2011-2013 fiscal biennium, the legislature may
transfer from the local toxics control account to the state toxics
control account such amounts as reflect excess fund balance in the
account.
(9) During the 2011-2013 fiscal biennium, the local toxics control
account may also be used for local government shoreline update grants
and actions for reducing public exposure to toxic air pollution;
funding to local governments for flood levee improvements; and grants
to local governments for brownfield redevelopment.
Sec. 710 RCW 42.56.270 and 2011 1st sp.s. c 14 s 15 are each
amended to read as follows:
The following financial, commercial, and proprietary information is
exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private
gain and public loss;
(2) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (a) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (b) highway construction
or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by
private persons pertaining to export services provided under chapters
43.163 and 53.31 RCW, and by persons pertaining to export projects
under RCW 43.23.035;
(4) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.325, 43.163, 43.160, 43.330, and
43.168 RCW, or during application for economic development loans or
program services provided by any local agency;
(5) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW;
(9) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010;
(10)(a) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a horse
racing license submitted pursuant to RCW 67.16.260(1)(b), liquor
license, gambling license, or lottery retail license;
(b) Internal control documents, independent auditors' reports and
financial statements, and supporting documents: (i) Of house-banked
social card game licensees required by the gambling commission pursuant
to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes
with an approved tribal/state compact for class III gaming;
(11) Proprietary data, trade secrets, or other information that
relates to: (a) A vendor's unique methods of conducting business; (b)
data unique to the product or services of the vendor; or (c)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the department of
commerce:
(i) Financial and proprietary information collected from any person
and provided to the department of commerce pursuant to RCW
43.330.050(8); and
(ii) Financial or proprietary information collected from any person
and provided to the department of commerce or the office of the
governor in connection with the siting, recruitment, expansion,
retention, or relocation of that person's business and until a siting
decision is made, identifying information of any person supplying
information under this subsection and the locations being considered
for siting, relocation, or expansion of a business;
(b) When developed by the department of commerce based on
information as described in (a)(i) of this subsection, any work product
is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means
the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to
the department of commerce from a person connected with siting,
recruitment, expansion, retention, or relocation of that person's
business, information described in (a)(ii) of this subsection will be
available to the public under this chapter;
(13) Financial and proprietary information submitted to or obtained
by the department of ecology or the authority created under chapter
70.95N RCW to implement chapter 70.95N RCW;
(14) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the life sciences
discovery fund authority in applications for, or delivery of, grants
under chapter 43.350 RCW, to the extent that such information, if
revealed, would reasonably be expected to result in private loss to the
providers of this information;
(15) Financial and commercial information provided as evidence to
the department of licensing as required by RCW 19.112.110 or
19.112.120, except information disclosed in aggregate form that does
not permit the identification of information related to individual fuel
licensees;
(16) Any production records, mineral assessments, and trade secrets
submitted by a permit holder, mine operator, or landowner to the
department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts, unless
permission to release the farm plan is granted by the landowner or
operator who requested the plan, or the farm plan is used for the
application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not under the
federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to
RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by a health sciences and
services authority in applications for, or delivery of, grants under
RCW 35.104.010 through 35.104.060, to the extent that such information,
if revealed, would reasonably be expected to result in private loss to
providers of this information;
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business;
(20) Financial and commercial information submitted to or obtained
by the University of Washington, other than information the university
is required to disclose under RCW 28B.20.150, when the information
relates to investments in private funds, to the extent that such
information, if revealed, would reasonably be expected to result in
loss to the University of Washington consolidated endowment fund or to
result in private loss to the providers of this information; and
(21) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by innovate Washington in
applications for, or delivery of, grants and loans under chapter 43.333
RCW, to the extent that such information, if revealed, would reasonably
be expected to result in private loss to the providers of this
information.
(22) During the 2013-2015 fiscal biennium, this section does not
apply to financial, commercial, and proprietary information related to
an audit of a publicly funded transportation project.
Sec. 711 RCW 46.12.630 and 2012 c 86 s 803 are each amended to
read as follows:
In addition to any other authority which it may have, the
department of licensing may furnish lists of registered and legal
owners of motor vehicles only for the purposes specified in this
section to:
(1) The manufacturers of motor vehicles, or their authorized
agents, to be used:
(a) To enable those manufacturers to carry out the provisions of
the national traffic and motor vehicle safety act of 1966 (15 U.S.C.
Sec. 1382-1418), including amendments or additions thereto, respecting
safety-related defects in motor vehicles; or
(b) During the 2011-2013 fiscal biennium, in research activities,
and in producing statistical reports, as long as the personal
information is not published, redisclosed, or used to contact
individuals;
(2) During fiscal year 2014, an entity that is an authorized agent
of a motor vehicle manufacturer for purposes of using lists of
registered and legal owner information to conduct research activities
and produce statistical reports, as long as the entity does not allow
personal information received under this section to be published,
redisclosed, or used to contact individuals. The department must
charge an amount sufficient to cover the full cost of providing the
data requested under this subsection. Full cost of providing the data
includes the information technology, administrative, and contract
oversight costs.
(3) Any governmental agency of the United States or Canada, or
political subdivisions thereof, to be used by it or by its authorized
commercial agents or contractors only in connection with the
enforcement of motor vehicle or traffic laws by, or programs related to
traffic safety of, that government agency. Only such parts of the list
as are required for completion of the work required of the agent or
contractor shall be provided to such agent or contractor;
(((3))) (4) A commercial parking company requiring the names and
addresses of registered owners to notify them of outstanding parking
violations. Subject to the disclosure agreement provisions of RCW
46.12.635 and the requirements of Executive Order 97-01, the department
may provide only the parts of the list that are required for completion
of the work required of the company;
(((4))) (5) An authorized agent or contractor of the department, to
be used only in connection with providing motor vehicle excise tax,
licensing, title, and registration information to motor vehicle
dealers;
(((5))) (6) Any business regularly making loans to other persons to
finance the purchase of motor vehicles, to be used to assist the person
requesting the list to determine ownership of specific vehicles for the
purpose of determining whether or not to provide such financing; or
(((6))) (7) A company or its agents operating a toll facility under
chapter 47.46 RCW or other applicable authority requiring the names,
addresses, and vehicle information of motor vehicle registered owners
to identify toll violators.
Where both a mailing address and residence address are recorded on
the vehicle record and are different, only the mailing address will be
disclosed. Both addresses will be disclosed in response to requests
for disclosure from courts, law enforcement agencies, or government
entities with enforcement, investigative, or taxing authority and only
for use in the normal course of conducting their business.
If a list of registered and legal owners of motor vehicles is used
for any purpose other than that authorized in this section, the
manufacturer, governmental agency, commercial parking company,
authorized agent, contractor, financial institution, toll facility
operator, or their authorized agents or contractors responsible for the
unauthorized disclosure or use will be denied further access to such
information by the department of licensing.
Sec. 712 RCW 46.63.170 and 2012 c 85 s 3 and 2012 c 83 s 7 are
each reenacted and amended to read as follows:
(1) The use of automated traffic safety cameras for issuance of
notices of infraction is subject to the following requirements:
(a) The appropriate local legislative authority must prepare an
analysis of the locations within the jurisdiction where automated
traffic safety cameras are proposed to be located: (i) Before enacting
an ordinance allowing for the initial use of automated traffic safety
cameras; and (ii) before adding additional cameras or relocating any
existing camera to a new location within the jurisdiction. Automated
traffic safety cameras may be used to detect one or more of the
following: Stoplight, railroad crossing, or school speed zone
violations. At a minimum, the local ordinance must contain the
restrictions described in this section and provisions for public notice
and signage. Cities and counties using automated traffic safety
cameras before July 24, 2005, are subject to the restrictions described
in this section, but are not required to enact an authorizing
ordinance. Beginning one year after June 7, 2012, cities and counties
using automated traffic safety cameras must post an annual report of
the number of traffic accidents that occurred at each location where an
automated traffic safety camera is located as well as the number of
notices of infraction issued for each camera and any other relevant
information about the automated traffic safety cameras that the city or
county deems appropriate on the city's or county's web site.
(b) Use of automated traffic safety cameras is restricted to the
following locations only: (i) Intersections of two arterials with
traffic control signals that have yellow change interval durations in
accordance with RCW 47.36.022, which interval durations may not be
reduced after placement of the camera; (ii) railroad crossings; and
(iii) school speed zones.
(c) During the 2011-2013 and 2013-2015 fiscal ((biennium)) biennia,
automated traffic safety cameras may be used to detect speed violations
for the purposes of section 201(2), chapter 367, Laws of 2011 and
section 201(4) of this act if the local legislative authority first
enacts an ordinance authorizing the use of cameras to detect speed
violations.
(d) 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. The primary purpose of camera placement is
to take pictures of the vehicle and vehicle license plate when an
infraction is occurring. Cities and counties shall consider installing
cameras in a manner that minimizes the impact of camera flash on
drivers.
(e) A notice of infraction must be mailed to the registered owner
of the vehicle within fourteen days of the violation, or to the renter
of a vehicle within fourteen days of establishing the renter's name and
address under subsection (3)(a) of this section. The law enforcement
officer issuing the notice of infraction shall include with it a
certificate or facsimile thereof, based upon inspection of photographs,
microphotographs, or electronic images produced by an automated traffic
safety camera, stating the facts supporting the notice of infraction.
This certificate or facsimile is prima facie evidence of the facts
contained in it and is admissible in a proceeding charging a violation
under this chapter. The photographs, microphotographs, or electronic
images evidencing the violation must be available for inspection and
admission into evidence in a proceeding to adjudicate the liability for
the infraction. A person receiving a notice of infraction based on
evidence detected by an automated traffic safety camera may respond to
the notice by mail.
(f) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(d) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a rental
car business, satisfies the conditions under subsection (3) of this
section. If appropriate under the circumstances, a renter identified
under subsection (3)(a) of this section is responsible for an
infraction.
(g) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images prepared under this section are
for the exclusive use of law enforcement in the discharge of duties
under this section and are not open to the public and may not be used
in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer
than necessary to enforce this section.
(h) All locations where an automated traffic safety camera is used
must be clearly marked at least thirty days prior to activation of the
camera by placing signs in locations that clearly indicate to a driver
that he or she is entering a zone where traffic laws are enforced by an
automated traffic safety camera. Signs placed in automated traffic
safety camera locations after June 7, 2012, must follow the
specifications and guidelines under the manual of uniform traffic
control devices for streets and highways as adopted by the department
of transportation under chapter 47.36 RCW.
(i) If a county or city has established an authorized automated
traffic safety camera program under this section, the compensation paid
to the manufacturer or vendor of the equipment used must be based only
upon the value of the equipment and services provided or rendered in
support of the system, and may not be based upon a portion of the fine
or civil penalty imposed or the revenue generated by the equipment.
(2) 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 under this section shall
be processed in the same manner as parking infractions, including for
the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(3).
The amount of the fine issued for an infraction generated through the
use of an automated traffic safety camera shall not exceed the amount
of a fine issued for other parking infractions within the jurisdiction.
However, the amount of the fine issued for a traffic control signal
violation detected through the use of an automated traffic safety
camera shall not exceed the monetary penalty for a violation of RCW
46.61.050 as provided under RCW 46.63.110, including all applicable
statutory assessments.
(3) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction being issued under this section, provide a written notice to
the rental car business that a notice of infraction may be issued to
the rental car business if the rental car business does not, within
eighteen days of receiving the written notice, provide to the issuing
agency by return mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or
(b) A statement under oath that the business is unable to determine
who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction.
A statement provided under this subsection must be accompanied by a
copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
Timely mailing of this statement to the issuing law enforcement
agency relieves a rental car business of any liability under this
chapter for the notice of infraction.
(4) Nothing in this section prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
(b), or (c).
(5) For the purposes of this section, "automated traffic safety
camera" means a device that uses a vehicle sensor installed to work in
conjunction with an intersection traffic control system, a railroad
grade crossing control system, or a speed measuring device, and a
camera synchronized to automatically record one or more sequenced
photographs, microphotographs, or electronic images of the rear of a
motor vehicle at the time the vehicle fails to stop when facing a
steady red traffic control signal or an activated railroad grade
crossing control signal, or exceeds a speed limit in a school speed
zone as detected by a speed measuring device. During the 2011-2013 and
2013-2015 fiscal ((biennium)) biennia, an automated traffic safety
camera includes a camera used to detect speed violations for the
purposes of section 201(2), chapter 367, Laws of 2011 and section
201(4) of this act.
(6) During the 2011-2013 fiscal biennium, this section does not
apply to automated traffic safety cameras for the purposes of section
216(5), chapter 367, Laws of 2011.
Sec. 713 RCW 46.63.180 and 2011 c 375 s 2 are each amended to
read as follows:
(1) School districts may install and operate automated school bus
safety cameras on school buses to be used for the detection of
violations of RCW 46.61.370(1) if the use of the cameras is approved by
a vote of the school district board of directors. School districts are
not required to take school buses out of service if the buses are not
equipped with automated school bus safety cameras or functional
automated safety cameras. Further, school districts shall be held
harmless from and not liable for any criminal or civil liability
arising under the provisions of this section.
(a) Automated school bus 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) A notice of infraction must be mailed to the registered owner
of the vehicle within fourteen days of the violation, or to the renter
of a vehicle within fourteen days of establishing the renter's name and
address under subsection (2)(a)(i) of this section. The law
enforcement officer issuing the notice of infraction shall include a
certificate or facsimile of the notice, based upon inspection of
photographs, microphotographs, or electronic images produced by an
automated school bus safety camera, stating the facts supporting the
notice of infraction. This certificate or facsimile is prima facie
evidence of the facts contained in it and is admissible in a proceeding
charging a violation under this chapter. The photographs,
microphotographs, or electronic images evidencing the violation must be
available for inspection and admission into evidence in a proceeding to
adjudicate the liability for the infraction. A person receiving a
notice of infraction based on evidence detected by an automated school
bus safety camera may respond to the notice by mail.
(c) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(e) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a rental
car business, satisfies the conditions under subsection (2) of this
section. If appropriate under the circumstances, a renter identified
under subsection (2)(a)(i) of this section is responsible for an
infraction.
(d) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images prepared under this section are
for the exclusive use of law enforcement in the discharge of duties
under this section and are not open to the public and may not be used
in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer
than necessary to enforce this section.
(e) If a school district installs and operates an automated school
bus safety camera under this section, the compensation paid to the
manufacturer or vendor of the equipment used must be based only upon
the value of the equipment and services provided or rendered in support
of the system, and may not be based upon a portion of the fine or civil
penalty imposed or the revenue generated by the equipment. Further,
any repair, replacement, or administrative work costs related to
installing or repairing automated school bus safety cameras must be
solely paid for by the manufacturer or vender of the cameras. Before
entering into a contract with the manufacturer or vendor of the
equipment used under this subsection (1)(e), the school district must
follow the competitive bid process as outlined in RCW 28A.335.190(1).
(f) Any revenue collected from infractions detected through the use
of automated school bus safety cameras, less the administration and
operating costs of the cameras, must be remitted to school districts
for school zone safety projects as determined by the school district
using the automated school bus safety cameras. The administration and
operating costs of the cameras includes infraction enforcement and
processing costs that are incurred by local law enforcement or local
courts. During the 2013-2015 biennium, the infraction revenue may also
be used for school bus safety projects by those school districts
eligible to apply for funding from the school zone safety account
appropriation in section 201 of this act.
(2)(a) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction is issued under this section, provide a written notice to
the rental car business that a notice of infraction may be issued to
the rental car business if the rental car business does not, within
eighteen days of receiving the written notice, provide to the issuing
agency by return mail:
(i) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred;
(ii) A statement under oath that the business is unable to
determine who was driving or renting the vehicle at the time the
infraction occurred because the vehicle was stolen at the time of the
infraction. A statement provided under this subsection (2)(a)(ii) must
be accompanied by a copy of a filed police report regarding the vehicle
theft; or
(iii) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
(b) Timely mailing of a statement under this subsection to the
issuing law enforcement agency relieves a rental car business of any
liability under this chapter for the notice of infraction.
(3) For purposes of this section, "automated school bus safety
camera" means a device that is affixed to a school bus that is
synchronized to automatically record one or more sequenced photographs,
microphotographs, or electronic images of the rear of a vehicle at the
time the vehicle is detected for an infraction identified in RCW
46.61.370(1).
Sec. 801 2012 c 86 s 201 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($2,983,000))
$2,982,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($42,507,000))
$35,497,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . (($3,340,000))
$2,340,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($48,880,000))
$40,869,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,673,900 of the highway safety account--federal appropriation
is provided solely for the conclusion of the target zero trooper pilot
program, which the commission has developed and implemented in
collaboration with the Washington state patrol. The pilot program must
continue to demonstrate the effectiveness of intense, high visibility,
driving under the influence enforcement in Washington. The commission
shall continue to apply to the national highway traffic safety
administration for federal highway safety grants to cover the cost of
the pilot program. State funding is provided in section ((207)) 807 of
this act for the state patrol to continue the target zero trooper
program in fiscal year 2013.
(2) The commission may oversee pilot projects implementing the use
of automated traffic safety cameras to detect speed violations within
cities west of the Cascade mountains that have a population over one
hundred ninety-five thousand. For the purposes of pilot projects in
this subsection, no more than one automated traffic safety camera may
be used to detect speed violations within any one jurisdiction.
(a) The commission shall comply with RCW 46.63.170 in administering
the pilot projects.
(b) In order to ensure adequate time in the 2011-2013 fiscal
biennium to evaluate the effectiveness of the pilot projects, any
projects authorized by the commission must be authorized by December
31, 2011.
(c) By January 1, 2013, the commission shall provide a report to
the legislature regarding the use, public acceptance, outcomes, and
other relevant issues regarding automated traffic safety cameras
demonstrated by the pilot projects.
(3) $460,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed Second
Substitute House Bill No. 1789), Laws of 2011 (addressing DUI
accountability). If chapter ... (Engrossed Second Substitute House
Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the
amount provided in this subsection lapses.
(4) The commission shall conduct a review of the literature on
potential safety benefits realized from drivers using their headlights
and windshield wipers simultaneously and shall report to the
transportation committees of the legislature by December 1, 2011.
(5) (($22,000,000)) $15,000,000 of the highway safety account--federal appropriation is provided solely for federal funds that may be
obligated to the commission pursuant to 23 U.S.C. Sec. 164 during the
2011-2013 fiscal biennium.
Sec. 802 2012 c 86 s 202 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($915,000))
$907,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,088,000))
$2,086,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($1,428,000))
$1,413,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,431,000))
$4,406,000
The appropriations in this section are subject to the following
conditions and limitations: The county road administration board shall
submit a report to the transportation committees of the legislature by
December 1, 2011, on the implementation of the recommendations that
resulted from the evaluation of efficiencies in the delivery of
transportation funding and services to local governments that was
required under section 204(8), chapter 247, Laws of 2010. The report
must include a description of how recommendations were implemented,
what efficiencies were achieved, and an explanation of any
recommendations that were not implemented.
Sec. 803 2012 c 86 s 203 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($3,625,000))
$3,611,000
The appropriation in this section is subject to the following
conditions and limitations: The transportation improvement board shall
submit a report to the transportation committees of the legislature by
December 1, 2011, on the implementation of the recommendations that
resulted from the evaluation of efficiencies in the delivery of
transportation funding and services to local governments that was
required under section 204(8), chapter 247, Laws of 2010. The report
must include a description of how recommendations were implemented,
what efficiencies were achieved, and an explanation of any
recommendations that were not implemented.
Sec. 804 2012 c 86 s 205 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($3,028,000))
$3,025,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,140,000))
$3,137,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Consistent with RCW 43.135.055, 47.60.290, and 47.60.315,
during the 2011-2013 fiscal biennium, the legislature authorizes the
transportation commission to periodically review and, if necessary,
adjust the schedule of fares for the Washington state ferry system only
in amounts not greater than those sufficient to generate the amount of
revenue required by the biennial transportation budget. When adjusting
ferry fares, the commission must consider input from affected ferry
users by public hearing and by review with the affected ferry advisory
committees, in addition to the data gathered from the current ferry
user survey.
(2) Consistent with RCW 43.135.055 and 47.46.100, during the
2011-2013 fiscal biennium, the legislature authorizes the
transportation commission to periodically review and, if necessary,
adjust the schedule of toll charges applicable to the Tacoma Narrows
bridge only in amounts not greater than those sufficient to support (a)
any required costs for operating and maintaining the toll bridge,
including the cost of insurance, (b) any amount required by law to meet
the redemption of bonds and applicable interest payments, and (c)
repayment of the motor vehicle fund.
(3) Consistent with its authority in RCW 47.56.840, the
transportation commission shall consider the need for a citizen
advisory group that provides oversight on new tolled facilities.
(4) $775,000 of the motor vehicle account--state appropriation is
provided solely to determine the feasibility of transitioning from the
gas tax to a road user assessment system of paying for transportation.
(a) The transportation commission, with direction from the steering
committee created in (b) of this subsection, must: Review relevant
reports and data related to models of road user assessments and methods
of transitioning to a road user assessment system; analyze the research
to identify issues for policy decisions in Washington; make
recommendations for the design of systemwide trials; develop a plan to
assess public perspectives and educate the public on the current
transportation funding system and options for a new system; and perform
other tasks as deemed necessary by the steering committee.
(b) The transportation commission must convene a steering committee
to provide direction to and guide the transportation commission's work.
Membership of the steering committee must include, but is not limited
to, members representing the following interests: The trucking
industry; business; cities and counties; public transportation;
environmental; user fee technology; auto and light truck manufacturers;
and the motoring public. In addition, a member from each of the two
largest caucuses of the senate, appointed by the president of the
senate, and a member from each of the two largest caucuses of the house
of representatives, appointed by the speaker of the house of
representatives, must serve on the steering committee.
(c) The transportation commission must update the governor and the
legislature on this work by January 1, 2013. In addition, this update
must include a plan and budget request for work to be completed during
the 2013-2015 fiscal biennium.
(5) $160,000 of the motor vehicle account--state appropriation is
provided solely for the transportation commission to establish a
statewide transportation survey panel and conduct two surveys on
transportation funding and policy issues during the 2011-2013 fiscal
biennium. At a minimum, the results of the first survey must be
submitted to the legislature by January 2013.
Sec. 805 2012 c 86 s 206 (uncodified) is amended to read as
follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($781,000))
$830,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $100,000 of the motor vehicle account--state appropriation is
provided solely for an additional staff person for the freight mobility
strategic investment board.
(2) The freight mobility strategic investment board shall submit a
report to the transportation committees of the legislature by December
1, 2011, on the implementation of the recommendations that resulted
from the evaluation of efficiencies in the delivery of transportation
funding and services to local governments that was required under
section 204(8), chapter 247, Laws of 2010. The report must include a
description of how recommendations were implemented, what efficiencies
were achieved, and an explanation of any recommendations that were not
implemented.
(3) $50,000 of the motor vehicle account--state appropriation is
provided solely for activities related to the development of a freight
plan identified under the federal moving forward for progress in the
21st century (MAP-21) act of 2012.
Sec. 806 2012 c 86 s 207 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $132,000
((Ignition Interlock Device Revolving Account--))
State Appropriation . . . . . . . . . . . . $212,000
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . (($350,605,000))
$348,619,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $10,903,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . (($3,494,000))
$3,674,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . (($432,000))
$5,984,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($365,778,000))
$369,312,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Washington state patrol officers engaged in off-duty uniformed
employment providing traffic control services to the department of
transportation or other state agencies may use state patrol vehicles
for the purpose of that employment, subject to guidelines adopted by
the chief of the Washington state patrol. The Washington state patrol
must be reimbursed for the use of the vehicle at the prevailing state
employee rate for mileage and hours of usage, subject to guidelines
developed by the chief of the Washington state patrol. Cessna pilots
funded from the state patrol highway account who are certified to fly
the King Airs may pilot those aircraft for general fund purposes with
the general fund reimbursing the state patrol highway account an hourly
rate to cover the costs incurred during the flights since the aviation
section is no longer part of the Washington state patrol cost
allocation system as of July 1, 2009.
(2) The Washington state patrol shall continue to collaborate with
the Washington traffic safety commission on the target zero trooper
pilot program referenced in section ((201)) 801(1) of this act.
(3) $370,000 of the state patrol highway account--state
appropriation is provided solely for costs associated with the pilot
program described under section 216(5) ((of this act)), chapter 86,
Laws of 2012. The Washington state patrol may incur costs related only
to the assignment of cadets and necessary computer equipment and to the
reimbursement of the Washington state department of transportation for
contract costs. The appropriation in this subsection must be funded
from the portion of the automated traffic safety camera fines deposited
into the state patrol highway account; however, if the fines deposited
into the state patrol highway account from automated traffic safety
camera infractions do not reach three hundred seventy thousand dollars,
the department of transportation shall remit funds necessary to the
Washington state patrol to ensure the completion of the pilot program.
The Washington state patrol may not incur overtime as a result of this
pilot program. The Washington state patrol shall not assign troopers
to operate or deploy the pilot program equipment used in the roadway
construction zones.
(4) (($12,160,000)) $12,244,000 of the total appropriation is
provided solely for automobile fuel in the 2011-2013 fiscal biennium.
The Washington state patrol shall analyze their fuel consumption and
submit a report to the legislative transportation committees by
December 31, 2011, on fuel conservation methods that could be used to
minimize costs and ensure that the Washington state patrol is managing
fuel consumption effectively.
(5) (($7,672,000)) $8,312,000 of the total appropriation is
provided solely for the purchase of pursuit vehicles.
(6) (($6,686,000)) $6,806,000 of the total appropriation is
provided solely for vehicle repair and maintenance costs of vehicles
used for highway purposes.
(7) (($1,724,000)) $1,856,000 of the total appropriation is
provided solely for the purchase of mission vehicles used for highway
purposes in the commercial vehicle and traffic investigation sections
of the Washington state patrol.
(8) $1,200,000 of the total appropriation is provided solely for
outfitting officers. The Washington state patrol shall prepare a cost-benefit analysis of the standard trooper uniform as compared to a
battle dress uniform and uniforms used by other states and
jurisdictions. The Washington state patrol shall report the results of
the analysis to the transportation committees of the legislature by
December 1, 2011.
(9) The Washington state patrol shall not account for or record
locally provided DUI cost reimbursement payments as expenditure credits
to the state patrol highway account. The patrol shall report the
amount of expected locally provided DUI cost reimbursements to the
office of financial management and transportation committees of the
legislature by September 30th of each year.
(10) During the 2011-2013 fiscal biennium, the Washington state
patrol shall continue to perform traffic accident investigations on
Thurston county roads, and shall work with Thurston county to
transition the traffic accident investigations on Thurston county roads
to Thurston county by July 1, 2013.
(11) $2,187,000 of the state patrol highway account--state
appropriation is provided solely for mobile office platforms.
(12) $2,731,000 of the state patrol highway account--state
appropriation is provided solely for the continuation of the target
zero trooper program.
(13) $432,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Second
Substitute House Bill No. 2443), Laws of 2012 (DUI accountability). If
chapter . . . (Second Substitute House Bill No. 2443), Laws of 2012 is
not enacted by June 30, 2012, the amount provided in this subsection
lapses. Additionally, the total highway safety account--state
appropriation in this section assumes the revenue generated by the fees
that the Washington state patrol is authorized to charge manufacturers,
technicians, and other providers under Second Substitute House Bill No.
2443. Within the amounts provided in this subsection is funding for
three additional troopers to provide oversight of the ignition
interlock industry.
(14) $212,000 of the ignition interlock device revolving account--state appropriation is provided solely for two additional troopers to
provide oversight of the ignition interlock industry. If chapter . . .
(Second Substitute House Bill No. 2443), Laws of 2012 is enacted by
June 30, 2012, the amount provided in this subsection lapses.
(15) $132,000 of the multimodal transportation account--state
appropriation is provided solely for the implementation of chapter
. . . (Engrossed Substitute House Bill No. 1820), Laws of 2012 (blue
alert system). If chapter . . . (Engrossed Substitute House Bill No.
1820), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
Sec. 807 2012 c 86 s 208 (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 . . . . . . . . . . . . (($4,367,000))
$4,364,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($826,000))
$824,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($148,666,000))
$146,578,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $4,299,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $200,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($76,511,000))
$74,457,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,714,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $380,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $6,095,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . $1,971,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($245,061,000))
$240,914,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $231,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter ... (Substitute
Senate Bill No. 5800), Laws of 2011 (off-road motorcycles). If chapter
... (Substitute Senate Bill No. 5800), Laws of 2011 is not enacted by
June 30, 2011, the amount provided in this subsection lapses.
(2) $193,000 of the department of licensing services account--state
appropriation is provided solely for a phased implementation of chapter
... (Substitute House Bill No. 1046), Laws of 2011 (vehicle and vessel
quick titles). Funding is contingent upon revenues associated with the
vehicle and vessel quick title program paying all direct and indirect
expenditures associated with the department's implementation of this
subsection. If chapter ... (Substitute House Bill No. 1046), Laws of
2011 is not enacted by June 30, 2011, the amount provided in this
subsection lapses.
(3) $4,299,000 of the highway safety account--federal appropriation
is for federal funds that may be received during the 2011-2013 fiscal
biennium. Upon receipt of the funds, the department shall provide a
report on the use of the funds to the transportation committees of the
legislature and the office of financial management.
(4) By December 31, 2011, the department shall submit to the office
of financial management and the transportation committees of the
legislature draft legislation that rewrites the tow truck statutes
(chapter 46.55 RCW) in plain language and is revenue and policy
neutral.
(5) $128,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed
Substitute House Bill No. 1635), Laws of 2011 (driver's license exams).
If chapter ... (Engrossed Substitute House Bill No. 1635), Laws of 2011
is not enacted by June 30, 2011, the amount provided in this subsection
lapses.
(6) $68,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed Second
Substitute House Bill No. 1789), Laws of 2011 (addressing DUI
accountability). If chapter ... (Engrossed Second Substitute House
Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the
amount provided in this subsection lapses.
(7) $63,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Substitute House
Bill No. 1237), Laws of 2011 (selective service system). If chapter
... (Substitute House Bill No. 1237), Laws of 2011 is not enacted by
June 30, 2011, the amount provided in this subsection lapses.
(8) $340,000 of the motor vehicle account--private/local
appropriation is provided solely for the implementation of chapter ...
(Engrossed Substitute Senate Bill No. 5457), Laws of 2011 (congestion
reduction charge). If chapter ... (Engrossed Substitute Senate Bill
No. 5457), Laws of 2011 is not enacted by June 30, 2011, the amount
provided in this subsection lapses.
(9) $1,738,000 of the department of licensing services account--state appropriation is provided solely for purchasing equipment for
field licensing service offices and subagent offices.
(10) (($2,500,000)) $1,500,000 of the highway safety account--state
appropriation is provided solely for information technology field
system modernization.
(11) $963,000 of the highway safety account--state appropriation is
provided solely for implementation of chapter 374, Laws of 2011
(limousine carriers) and chapter 298, Laws of 2011 (master license
service program).
(12) $99,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
House Bill No. 2299), Laws of 2012 (special license plates). If
chapter . . . (Substitute House Bill No. 2299), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses.
(13) $174,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 6075), Laws of 2012 (vehicle owner information). If
chapter . . . (Substitute Senate Bill No. 6075), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses. Additionally, the total appropriation in this section assumes
the revenue generated by the fee established in Substitute Senate Bill
No. 6075. Within the amounts provided in this subsection, the
department must improve on the information that the department makes
publicly available to victims of domestic violence and sexual assault
on how to better protect their personal information, especially their
residential addresses. Specifically, the department must provide a
link to the secretary of state's address confidentiality program web
site. The department also must provide information regarding a
person's ability to provide a mailing address in addition to the
person's residential address when registering a vehicle with the
department.
(14) $289,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Substitute Senate Bill No. 6150), Laws of 2012 (facial recognition
matching system). If chapter . . . (Engrossed Substitute Senate Bill
No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
(15) $397,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Substitute Senate Bill No. 6284), Laws of 2012 (civil traffic
infractions). If chapter . . . (Engrossed Substitute Senate Bill No.
6284), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses. Additionally, the total highway
safety account--state appropriation in this section assumes the revenue
generated by the policy changes in chapter . . . (Engrossed Substitute
Senate Bill No. 6284), Laws of 2012.
(16) $222,000 of the motor vehicle account--state appropriation and
$36,000 of the highway safety account--state appropriation are provided
solely for the implementation of chapter . . . (Engrossed Substitute
Senate Bill No. 6455), Laws of 2012 (transportation revenue). If
chapter . . . (Engrossed Substitute Senate Bill No. 6455), Laws of 2012
is not enacted by June 30, 2012, the amount provided in this subsection
lapses.
(17) $274,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Substitute Senate Bill No. 6582), Laws of 2012 (local transportation
revenue options). If chapter . . . (Engrossed Substitute Senate Bill
No. 6582), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
(18) Within the amounts provided in this section, the department
must develop a transition plan for moving to a paperless renewal notice
for drivers' licenses and vehicle registrations. The plan must
consider people that do not have access to the internet and must
include an opportunity for people to opt-in to a paper renewal notice.
Prior to the implementation of a paperless renewal system, the
department must consult with the joint transportation committee.
(19) Within existing resources, the department shall develop a plan
to transition to a ten-year license plate replacement cycle. At a
minimum, the plan must include the following provisions: (a) A ten-year replacement cycle for license plates only on vehicles that are
subject to annual vehicle registration renewal; (b) a requirement that
new license plates and registration, including all fees and taxes due
upon annual registration, are required when a vehicle changes
ownership, except when a vehicle is sold to a vehicle dealer for
resale, in which case they are due only when the dealer sells the
vehicle; (c) an original issue license plate fee that is equal to the
current license plate replacement fee; and (d) an estimate of the
plan's costs to implement and revenues generated. The department shall
submit the plan with draft legislation implementing the plan to the
transportation committees of the legislature by December 31, 2012.
(20) Consistent with RCW 43.135.055 and 43.24.086, during the
2011-2013 fiscal biennium, the legislature authorizes the department to
adjust the business and vehicle fees for the for hire licensing program
in amounts sufficient to recover the costs of administering the for
hire licensing program.
(21) The legislature intends to establish a veteran designation for
drivers' licenses and identicards issued under chapter 46.20 RCW, as
proposed under House Bill No. 2378, during the 2013 legislative
session. The designation would serve to establish a person's service
in the armed forces and be granted to a person who provides a United
States department of defense discharge document, DD Form 214, that
shows a discharge status of "honorable" or "general under honorable
conditions." The department shall report to the transportation
committees of the legislature by December 1, 2012, with a plan to
implement the designation. The plan must include the most cost-effective options for implementation, a proposed fee amount to cover
the costs of the designation, and any other recommendations on the
implementation of the designation.
(22) $59,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
House Bill No. 2312), Laws of 2012 (military service award emblems).
If chapter . . . (Substitute House Bill No. 2312), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses.
(23) $656,000 of the ignition interlock device revolving account--state appropriation is provided solely for the implementation of
chapter . . . (Second Substitute House Bill No. 2443), Laws of 2012
(DUI accountability). If chapter . . . (Second Substitute House Bill
No. 2443), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
(24) $134,000 of the highway safety account--state appropriation
and $134,000 of the motor vehicle account--state appropriation are
provided solely for the implementation of chapter . . . (Engrossed
Second Substitute House Bill No. 2373), Laws of 2012 (state
recreational resources). If chapter . . . (Engrossed Second Substitute
House Bill No. 2373), Laws of 2012 is not enacted by June 30, 2012, the
amount provided in this subsection lapses.
(25) $3,082,000 of the highway safety account--state appropriation
is provided solely for exam and licensing activities, including the
workload associated with providing driver record abstracts, and is
subject to the following additional conditions and limitations:
(a) The department may furnish driving record abstracts only to
those persons or entities expressly authorized to receive the abstracts
under Title 46 RCW;
(b) The department may furnish driving record abstracts only for an
amount that does not exceed the specified fee amounts in RCW 46.52.130
(2)(e)(v) and (4); and
(c) The department may not enter into a contract, or otherwise
participate in any arrangement, with a third party or other state
agency for any service that results in an additional cost, in excess of
the fee amounts specified in RCW 46.52.130 (2)(e)(v) and (4), to
statutorily authorized persons or entities purchasing a driving record
abstract.
Sec. 808 2012 c 86 s 209 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND
MAINTENANCE -- PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . (($1,276,000))
$1,569,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($538,000))
$537,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . (($23,365,000))
$23,361,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($27,295,000))
$25,103,000
State Route Number 520 Civil Penalties
Account--State Appropriation . . . . . . . . . . . . (($3,622,000))
$2,564,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($56,096,000))
$53,134,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall make detailed quarterly expenditure
reports available to the transportation commission and to the public on
the department's web site using current department resources. The
reports must include a summary of toll revenue by facility on all
operating toll facilities and high occupancy toll lane systems, and an
itemized depiction of the use of that revenue.
(2) (($3,622,000)) $2,564,000 of the state route number 520 civil
penalties account--state appropriation and $1,458,000 of the Tacoma
Narrows toll bridge account--state appropriation are provided solely
for expenditures related to the toll adjudication process. All costs
associated with the toll adjudication process are anticipated to be
covered by revenue collected from the toll adjudication process. The
department shall report quarterly on the civil penalty process to the
office of financial management and the house of representatives and
senate transportation committees beginning September 30, 2011. The
reports must include a summary table for each toll facility that
includes: The number of notices of civil penalty issued; the number of
recipients who pay before the notice becomes a penalty; the number of
recipients who request a hearing and the number who do not respond;
workload costs related to hearings; the cost and effectiveness of debt
collection activities; and revenues generated from notices of civil
penalty.
(3) It is the intent of the legislature that transitioning to a
statewide tolling operations center and preparing for all-electronic
tolling on certain toll facilities will have no adverse revenue or
expenditure impact on the Tacoma Narrows toll bridge account. Any
increased costs related to this transition shall not be allocated to
the Tacoma Narrows toll bridge account. All costs associated with the
toll adjudication process are anticipated to be covered by revenue
collected from the toll adjudication process.
(4) The department shall ensure that, at no cost to the Tacoma
Narrows toll bridge account, new electronic tolling tag readers are
installed on the Tacoma Narrows bridge as soon as practicable that are
able to read existing and new electronic tolling tags.
(5) (($17,786,000)) $15,238,000 of the state route number 520
corridor account--state appropriation is provided solely for nonvendor
costs associated with tolling the state route number 520 bridge. Funds
from the state route number 520 corridor account--state appropriation
shall not be used to pay for items prohibited by Executive Order No.
1057, including subscriptions to technical publications, employee
educational expenses, professional membership dues and fees, employee
recognition and safety awards, meeting meals and light refreshments,
commute trip reduction incentives, and employee travel.
Sec. 809 2012 c 86 s 210 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM
C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($67,398,000))
$65,667,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $1,460,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $1,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($70,681,000))
$68,950,000
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 enterprise services to: (a) Ensure
that the department's current and future system development is
consistent with the overall direction of other key state systems; and
(b) when possible, use or develop common statewide information systems
to encourage coordination and integration of information used by the
department and other state agencies and to avoid duplication.
(2) $1,460,000 of the transportation partnership account--state
appropriation and $1,460,000 of the transportation 2003 account (nickel
account)--state appropriation are provided solely for maintaining the
department's project management reporting system.
(3) $210,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(4) $502,000 of the motor vehicle account--state appropriation is
provided solely to provide support for the transportation executive
information system.
Sec. 810 2012 c 86 s 211 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS
AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,466,000))
$25,440,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The department shall submit a predesign proposal for a new
traffic management center to the office of financial management
consistent with the process followed by nontransportation capital
construction projects. The department shall not award a contract for
construction of a new traffic management center until the predesign
proposal has been submitted and the office of financial management has
completed a budget evaluation study that indicates a new building is
the recommended option for accommodating additional traffic management
operations.
(2) $850,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
Sec. 811 2012 c 86 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($6,002,000))
$5,999,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,152,000))
$8,149,000
The appropriations in this section are subject to the following
conditions and limitations:
(((1))) $200,000 of the aeronautics account--state appropriation is
a reappropriation provided solely to complete runway preservation
projects.
Sec. 812 2012 c 86 s 213 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND
SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($45,796,000))
$45,725,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($46,546,000))
$46,475,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $3,754,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(2) It is the intent of the legislature that the real estate
services division of the department will recover the cost of its
efforts from future sale proceeds.
(3) The legislature recognizes that the Dryden pit site (WSDOT
Inventory Control (IC) No. 2-04-00103) is unused state-owned real
property under the jurisdiction of the department of transportation,
and that the public would benefit significantly from the complete
enjoyment of the natural scenic beauty and recreational opportunities
available at the site. Therefore, pursuant to RCW 47.12.080, the
legislature declares that transferring the property to the department
of fish and wildlife for recreational use and fish and wildlife
restoration efforts is consistent with the public interest in order to
preserve the area for the use of the public and the betterment of the
natural environment. The department of transportation shall work with
the department of fish and wildlife, and shall transfer and convey the
Dryden pit site to the department of fish and wildlife as is for an
adjusted fair market value reflecting site conditions, the proceeds of
which must be deposited in the motor vehicle fund. The department of
transportation is not responsible for any costs associated with the
cleanup or transfer of this property. By July 1, 2011, and annually
thereafter until the entire Dryden pit property has been transferred,
the department shall submit a status report regarding the transaction
to the chairs of the legislative transportation committees.
(4) The legislature recognizes that the trail known as the Apple
Capital Loop, and its extensions, serve to separate motor vehicle
traffic from pedestrians and bicyclists, increasing motor vehicle
safety on existing state route number 28. Consistent with chapter
47.30 RCW and pursuant to RCW 47.12.080, the legislature declares that
transferring portions of WSDOT Inventory Control (IC) Nos. 2-09-04537
and 2-09-04569 to Douglas county and the city of East Wenatchee is
consistent with the public interest. The legislature directs the
department to transfer the property to Douglas county and the city of
East Wenatchee. The department must be paid fair market value for any
portions of the transferred real property that is later abandoned,
vacated, or ceases to be publicly maintained for trail purposes.
Douglas county and the city of East Wenatchee must agree to accept
responsibility for trail segments within their respective jurisdictions
and sign an agreement with the state that the transfer of these parcels
to their respective jurisdictions extinguishes any state obligations to
improve, maintain, or be in any way responsible for these assets. The
department shall report to the transportation committees of the
legislature by June 30, 2013, and annually thereafter, on the status of
the transfer until complete.
Sec. 813 2012 c 86 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM
K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($827,000))
$826,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $110,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($937,000))
$936,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) $225,000 of the motor vehicle account--state appropriation
is provided solely to carry out work related to assessing the
operational feasibility of a road user assessment, including
technology, agency administration, multistate and federal standards,
and other necessary elements. This work must be carried out under the
guidance of the steering committee and in coordination with the
transportation commission's policy assessment and public outreach
planning authorized in section 205(4) ((of this act)) chapter 86, Laws
of 2012.
(b) If subsequent appropriations are provided, the department may
conduct a limited scope pilot project to test the feasibility of a road
user assessment system to be applied to electric vehicles. The pilot
project must be carried out under the guidance of the steering
committee described under section 205(4) ((of this act)) chapter 86,
Laws of 2012 and in coordination with the transportation commission.
(2) The department shall conduct a study on the potential to
generate revenue from off-premise outdoor advertising signs that are
erected or maintained adjacent and visible to the interstate system
highways, primary system highways, or scenic system highways. The
study must provide an evaluation of the market for outdoor advertising
signs, including an evaluation of the number of potential advertisers
and the amount charged by other jurisdictions for sign permits, and
must provide a recommendation for a revised fee structure that
recognizes the market value for off-premise signs and considers
charging differential fees based on the size, type, and location of the
sign.
(3) The public-private partnerships office must explore retail
partnerships at state-owned park-and-ride facilities, as authorized in
RCW 47.04.295, and if feasible, solicit proposals to implement a retail
partnership pilot project at one park-and-ride facility by June 30,
2013.
Sec. 814 2012 c 86 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($373,709,000))
$375,409,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($380,709,000))
$385,909,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall request an unanticipated receipt for any
federal moneys received for emergency snow and ice removal ((and shall
place an equal amount of the motor vehicle account--state appropriation
into unallotted status. This exchange shall not affect the amount of
funding available for snow and ice removal)).
(2) $7,000,000 of the motor vehicle account--state appropriation is
provided solely for third-party damages to the highway system where the
responsible party is known and reimbursement is anticipated. The
department shall request additional appropriation authority for any
funds received for reimbursements of third-party damages that are in
excess of this appropriation.
(3) $7,000,000 of the motor vehicle account--federal appropriation
is for unanticipated federal funds that may be received during the
2011-2013 fiscal biennium. Upon receipt of the funds, the department
shall provide a report on the use of the funds to the transportation
committees of the legislature and the office of financial management.
(4) The department may work with the department of corrections to
utilize corrections crews for the purposes of litter pickup on state
highways.
(5) $4,530,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(6) The department shall continue to report maintenance
accountability process (MAP) targets and achievements on an annual
basis. The department shall use available funding to target and
deliver a minimum MAP grade of C for the activity of roadway striping.
(7) $6,884,000 of the motor vehicle account--state appropriation is
provided solely for the high priority maintenance backlog. Addressing
the maintenance backlog must result in increased levels of service. If
chapter . . . (Engrossed Substitute Senate Bill No. 5251), Laws of 2011
(electric vehicle fee) is not enacted by June 30, 2011, $500,000 of the
appropriation provided in this subsection lapses.
(8) The department shall track the costs associated with active
traffic management systems on a corridor basis and report to the
transportation committees of the legislature on the costs and benefits
of the systems by December 1, 2012.
Sec. 815 2012 c 86 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($48,818,000))
$48,741,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($51,118,000))
$51,041,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $6,000,000 of the motor vehicle account--state appropriation is
provided solely for low-cost enhancements. Of this amount, $10,000 of
the motor vehicle account--state appropriation is provided solely for
the department to install additional farm machinery signs to promote
safety in agricultural areas along state highways. The department
shall give priority to low-cost enhancement projects that improve
safety or provide congestion relief. The department shall prioritize
low-cost enhancement projects on a statewide rather than regional
basis. By September 1st of each even-numbered year, the department
shall provide a report to the legislature listing all low-cost
enhancement projects prioritized on a statewide rather than regional
basis completed in the prior year.
(2) $145,000 of the motor vehicle account--state appropriation is
provided solely for the department to continue a pilot tow truck
incentive program and to expand the program to other areas of the
state. The department may provide incentive payments to towing
companies that meet clearance goals on accidents that involve heavy
trucks.
(3) During the 2011-2013 fiscal biennium, the department shall
implement a pilot program that expands private transportation
providers' access to high occupancy vehicle lanes. Under the pilot
program, when the department reserves a portion of a highway based on
the number of passengers in a vehicle, the following vehicles must be
authorized to use the reserved portion of the highway if the vehicle
has the capacity to carry eight or more passengers, regardless of the
number of passengers in the vehicle: (a) Auto transportation company
vehicles regulated under chapter 81.68 RCW; (b) passenger charter
carrier vehicles regulated under chapter 81.70 RCW, except marked or
unmarked stretch limousines and stretch sport utility vehicles as
defined under department of licensing rules; (c) private nonprofit
transportation provider vehicles regulated under chapter 81.66 RCW; and
(d) private employer transportation service vehicles. For purposes of
this subsection, "private employer transportation service" means
regularly scheduled, fixed-route transportation service that is offered
by an employer for the benefit of its employees. By June 30, 2013, the
department shall report to the transportation committees of the
legislature on whether private transportation provider use of high
occupancy vehicle lanes under the pilot program reduces the speeds of
high occupancy vehicle lanes. Nothing in this subsection is intended
to authorize the conversion of public infrastructure to private, for-profit purposes or to otherwise create an entitlement or other claim by
private users to public infrastructure. If chapter ... (Substitute
Senate Bill No. 5836), Laws of 2011 is enacted by June 30, 2011, this
subsection is null and void.
(4) $9,000,000 of the motor vehicle account--state appropriation is
provided solely for the department's incident response program.
(5) The department, in consultation with the Washington state
patrol, must continue a pilot program for the patrol to issue
infractions based on information from automated traffic safety cameras
in roadway construction zones on state highways. The department must
report to the joint transportation committee by January 1, 2012, and
January 1, 2013, on the status of this pilot program. For the purpose
of this pilot program, during the 2011-2013 fiscal biennium, a roadway
construction zone includes areas where public employees or private
contractors may be present or where a driving condition exists that
would make it unsafe to drive at higher speeds, such as, when the
department is redirecting or realigning lanes on any public roadway
pursuant to ongoing construction. The department shall use the
following guidelines to administer the program:
(a) Automated traffic safety cameras may only take pictures of the
vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle;
(b) The department shall plainly mark the locations where the
automated traffic safety cameras are used by placing signs on locations
that clearly indicate to a driver that he or she is entering a roadway
construction zone where traffic laws are enforced by an automated
traffic safety camera;
(c) Notices of infractions must be mailed to the registered owner
of a vehicle within fourteen days of the infraction occurring;
(d) The owner of the vehicle is not responsible for the violation
if the owner of the vehicle, within fourteen days of receiving
notification of the violation, mails to the patrol, a declaration under
penalty of perjury, stating that the vehicle involved was, at the time,
stolen or in the care, custody, or control of some person other than
the registered owner, or any other extenuating circumstances;
(e) For purposes of the 2011-2013 fiscal biennium pilot program,
infractions detected through the use of automated traffic safety
cameras are not part of the registered owner's driving record under RCW
46.52.101 and 46.52.120. Additionally, infractions generated by the
use of automated traffic safety cameras must be processed in the same
manner as parking infractions for the purposes of RCW 3.50.100,
35.20.220, 46.16A.120, and 46.20.270(3). However, the amount of the
fine issued under this subsection (5) for an infraction generated
through the use of an automated traffic safety camera is one hundred
thirty-seven dollars. The court shall remit thirty-two dollars of the
fine to the state treasurer for deposit into the state patrol highway
account; and
(f) If a notice of infraction is sent to the registered owner and
the registered owner is a rental car business, the infraction must be
dismissed against the business if it mails to the patrol, within
fourteen days of receiving the notice, a declaration under penalty of
perjury of the name and known mailing address of the individual driving
or renting the vehicle when the infraction occurred. If the business
is unable to determine who was driving or renting the vehicle at the
time the infraction occurred, the business must sign a declaration
under penalty of perjury to this effect. The declaration must be
mailed to the patrol within fourteen days of receiving the notice of
traffic infraction. Timely mailing of this declaration to the issuing
agency relieves a rental car business of any liability under this
section for the notice of infraction. A declaration form suitable for
this purpose must be included with each automated traffic infraction
notice issued, along with instructions for its completion and use.
(6) The department shall track the costs associated with active
traffic management systems on a corridor basis and report to the
transportation committees of the legislature on the cost and benefits
of the systems by December 1, 2011.
Sec. 816 2012 c 86 s 217 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND
SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($27,389,000))
$27,335,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($28,392,000))
$28,338,000
The appropriations in this section are subject to the following
conditions and limitations: The department shall utilize existing
resources and customer service staff to develop and implement new
policies and procedures to ensure compliance with new federal passenger
vessel Americans with disabilities act requirements.
Sec. 817 2012 c 86 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA,
AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($22,304,000))
$22,245,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $21,885,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $662,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $3,559,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($48,510,000))
$48,451,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $70,000 of the motor vehicle account--state appropriation is a
reappropriation provided solely for a corridor study of state route
number 516 from the eastern border of Maple Valley to state route
number 167 to determine whether improvements are needed and the costs
of any needed improvements.
(2) $200,000 of the motor vehicle account--state appropriation is
provided solely for extending the freight database pilot project that
began in 2009. Global positioning system (GPS) data is intended to
help guide freight investment decisions and track highway project
effectiveness as it relates to freight traffic.
(3) Within available resources, the department must collaborate
with the affected metropolitan planning organizations, regional
transportation planning organizations, transit agencies, and private
transportation providers to develop a plan to reduce vehicle demand,
increase public transportation options, and reduce vehicle miles
traveled on corridors affected by growth at Joint Base Lewis-McChord.
(4) As part of their ongoing regional transportation planning, the
regional transportation planning organizations across the state shall
work together to provide a comprehensive framework for sources and uses
of next-stage investments in transportation needed to improve
structural conditions and ongoing operations and lay the groundwork for
the transportation systems to support the long-term economic vitality
of the state. This planning must include all forms of transportation
to reflect the state's interests, including: Highways, streets, and
roads; ferries; public transportation; systems for freight; and walking
and biking systems. The department shall support this planning by
providing information on potential state transportation uses and an
analysis of potential sources of revenue to implement investments. In
carrying out this planning, regional transportation planning
organizations must be broadly inclusive of business, civic, labor,
governmental, and environmental interests in regional communities
across the state.
(5) $190,000 of the motor vehicle account--state appropriation is
provided solely for the regional transportation planning organizations
across the state to implement the comprehensive transportation planning
and data framework. The framework must provide regional transportation
planning organizations with the ability to identify the spatial and
temporal status of current and future high priority projects, and the
next stage investment necessary to implement those projects. The
framework must be accessible to the public and provide transparency and
accountability to the regional transportation planning process.
(6) Within existing resources, the department shall work with the
department of archaeology and historic preservation to develop a
statewide policy regarding the curation of artifacts and the use of
museums and information centers as potential mitigation under the
national environmental policy act. This policy must address the
following issues: How to minimize costs associated with information
centers and museums; when to use existing facilities to preserve and
display artifacts; how to minimize the time that stand-alone facilities
are needed; and how to transfer artifacts and other items to facilities
that are not owned or rented by the department. A report regarding
this policy must be submitted to the joint transportation committee by
September 1, 2012.
Sec. 818 2012 c 86 s 219 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($74,734,000))
$71,530,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $1,798,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($76,932,000))
$73,728,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department of enterprise services must provide a detailed
accounting of the revenues and expenditures of the self-insurance fund
to the transportation committees of the legislature on December 31st
and June 30th of each year.
(2) Payments in this section represent charges from other state
agencies to the department of transportation.
(a) TO THE SECRETARY OF STATE--ARCHIVES AND
RECORDS MANAGEMENT . . . . . . . . . . . . $512,000
(b) TO THE OFFICE OF THE STATE AUDITOR--AUDITOR
SERVICES . . . . . . . . . . . . $488,000
(c) TO THE OFFICE OF THE ATTORNEY
GENERAL--ATTORNEY GENERAL SERVICES . . . . . . . . . . . . $7,127,000
(d) TO THE OFFICE OF FINANCIAL MANAGEMENT--LABOR
RELATIONS SERVICES . . . . . . . . . . . . $266,000
(e) TO THE OFFICE OF FINANCIAL
MANAGEMENT--OFFICE OF CHIEF INFORMATION OFFICER . . . . . . . . . . . . $473,000
(f) TO THE OFFICE OF MINORITY AND WOMEN'S
BUSINESS ENTERPRISES . . . . . . . . . . . . $840,000
(g) TO CONSOLIDATED TECHNICAL SERVICES . . . . . . . . . . . . $182,000
(h) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--HUMAN RESOURCE MANAGEMENT SYSTEM . . . . . . . . . . . . $3,495,000
(i) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PRODUCTION SUPPORT . . . . . . . . . . . . $974,000
(j) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--REAL ESTATE SERVICES . . . . . . . . . . . . $108,000
(k) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PUBLICATIONS AND HISTORICAL SERVICES . . . . . . . . . . . . $691,000
(l) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAMPUS RENT . . . . . . . . . . . . $3,293,000
(m) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAPITAL PROJECT SURCHARGE . . . . . . . . . . . . $879,000
(n) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PERSONAL SERVICE CONTRACTS . . . . . . . . . . . . $100,000
(o) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--SECURE FILE TRANSFER SERVICES . . . . . . . . . . . . $39,000
(p) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--ACCESS SERVICES . . . . . . . . . . . . $179,000
(q) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--RISK MANAGEMENT SERVICES . . . . . . . . . . . . $1,290,000
(r) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--INFORMATION TECHNOLOGY SERVICES . . . . . . . . . . . . $1,557,000
Sec. 819 2012 c 86 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM
V
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $160,000
State Vehicle Parking Account--State Appropriation . . . . . . . . . . . . $452,000
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . (($48,942,000))
$40,492,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($42,939,000))
$42,930,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,582,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,027,000
Rural Mobility Grant Program Account--State
Appropriation . . . . . . . . . . . . $17,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($113,102,000))
$104,643,000
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 multimodal transportation account--state
appropriation is provided solely for grants to nonprofit providers of
special needs transportation. Grants for nonprofit providers must be
based on need, including the availability of other providers of service
in the area, efforts to coordinate trips among providers and riders,
and the cost effectiveness of trips provided.
(b) $19,500,000 of the multimodal transportation account--state
appropriation is provided solely for grants to transit agencies to
transport persons with special transportation needs. To receive a
grant, the transit agency must have a maintenance of effort for special
needs transportation that is no less than the previous year's
maintenance of effort for special needs transportation. Grants for
transit agencies must be prorated based on the amount expended for
demand response service and route deviated service in calendar year
2009 as reported in the "Summary of Public Transportation - 2009"
published by the department of transportation. No transit agency may
receive more than thirty percent of these distributions.
(2) Funds are provided for the rural mobility grant program as
follows:
(a) $8,500,000 of the rural mobility grant program account--state
appropriation is provided solely for grants for those transit systems
serving small cities and rural areas as identified in the "Summary of
Public Transportation - 2009" published by the department of
transportation. Noncompetitive grants must be distributed to the
transit systems serving small cities and rural areas in a manner
similar to past disparity equalization programs. If the funding
provided in this subsection (2)(a) exceeds the amount required for
recipient counties to reach eighty percent of the average per capita
sales tax, funds in excess of that amount may be used for the
competitive grant process established in (b) of this subsection.
(b) $8,500,000 of the rural mobility grant program account--state
appropriation is provided solely to providers of rural mobility service
in areas not served or underserved by transit agencies through a
competitive grant process.
(3)(a) $6,000,000 of the multimodal transportation account--state
appropriation is provided solely for a vanpool grant program for: (a)
Public transit agencies to add vanpools or replace vans; and (b)
incentives for employers to increase employee vanpool use. The grant
program for public transit agencies will cover capital costs only;
operating costs for public transit agencies are not eligible for
funding under this grant program. Additional employees may not be
hired from the funds provided in this section for the vanpool grant
program, and supplanting of transit funds currently funding vanpools is
not allowed. The department shall encourage grant applicants and
recipients to leverage funds other than state funds.
(b) At least $1,600,000 of the amount provided in this subsection
must be used for vanpool grants in congested corridors.
(c) $520,000 of the amount provided in this subsection is provided
solely for the purchase of additional vans for use by vanpools serving
soldiers and civilian employees at Joint Base Lewis-McChord.
(4) $8,942,000 of the regional mobility grant program account--state appropriation is reappropriated and provided solely for the
regional mobility grant projects identified in LEAP Transportation
Document ((2012-1)) 2013-2 ALL PROJECTS - Public Transportation -Program (V) as developed ((March 8, 2012)) April 2, 2013. The
department shall continue to review all projects receiving grant awards
under this program at least semiannually to determine whether the
projects are making satisfactory progress. The department shall
promptly close out grants when projects have been completed, and any
remaining funds must be used only to fund projects identified in the
LEAP transportation document referenced in this subsection. It is the
intent of the legislature to appropriate funds through the regional
mobility grant program only for projects that will be completed on
schedule and that all funds in the regional mobility grant program be
used as soon as practicable to advance eligible projects.
(5)(a) (($40,000,000)) $31,550,000 of the regional mobility grant
program account--state appropriation is provided solely for the
regional mobility grant projects identified in LEAP Transportation
Document ((2012-1)) 2013-2 ALL PROJECTS - Public Transportation -Program (V) as developed ((March 8, 2012)) April 2, 2013. The
department shall review all projects receiving grant awards under this
program at least semiannually to determine whether the projects are
making satisfactory progress. Any project that has been awarded funds,
but does not report activity on the project within one year of the
grant award, must be reviewed by the department to determine whether
the grant should be terminated. The department shall promptly close
out grants when projects have been completed, and any remaining funds
must be used only to fund projects identified in the LEAP
transportation document referenced in this subsection. The department
shall provide annual status reports on December 15, 2011, and December
15, 2012, to the office of financial management and the transportation
committees of the legislature regarding the projects receiving the
grants. It is the intent of the legislature to appropriate funds
through the regional mobility grant program only for projects that will
be completed on schedule.
(b) In order to be eligible to receive a grant under (a) of this
subsection during the 2011-2013 fiscal biennium, a transit agency must
establish a process for private transportation providers to apply for
the use of park and ride facilities. For purposes of this subsection,
(i) "private transportation provider" means: An auto transportation
company regulated under chapter 81.68 RCW; a passenger charter carrier
regulated under chapter 81.70 RCW, except marked or unmarked stretch
limousines and stretch sport utility vehicles as defined under
department of licensing rules; a private nonprofit transportation
provider regulated under chapter 81.66 RCW; or a private employer
transportation service provider; and (ii) "private employer
transportation service" means regularly scheduled, fixed-route
transportation service that is offered by an employer for the benefit
of its employees.
(6) $2,309,000 of the multimodal transportation account--state
appropriation is provided solely for the tri-county connection service
for Island, Skagit, and Whatcom transit agencies.
(7) $200,000 of the multimodal transportation account--state
appropriation is contingent on the timely development of an annual
report summarizing the status of public transportation systems as
identified under RCW 35.58.2796.
(8) Funds provided for the commute trip reduction program may also
be used for the growth and transportation efficiency center program.
(9) An affected urban growth area that has not previously
implemented a commute trip reduction program is exempt from the
requirements in RCW 70.94.527 if a solution to address the state
highway deficiency that exceeds the person hours of delay threshold has
been funded and is in progress during the 2011-2013 fiscal biennium.
(10) $300,000 of the multimodal transportation account--state
appropriation is provided solely for the continuation of state support
for the Whatcom smart trips commute trip reduction program.
(11) $818,000 of the multimodal transportation account--state
appropriation is provided solely for state support of the Everett
connector bus service.
(12) The department shall contact all transit agencies with a
nonvoting member recommended by a labor organization and request
information regarding the participation of board members, both voting
and nonvoting, for all transit agency meetings in 2012 and the three
previous calendar years. The department shall provide a report to the
transportation committees of the legislature regarding the findings of
this survey, which must include the transit agencies, if any, that
refuse to respond either in whole or in part, by January 15, 2013.
(13) $250,000 of the multimodal transportation account--state
appropriation is provided solely for the Clark county public
transportation benefit area to comply with the requirements of RCW
81.104.110 regarding the formation of an expert review panel to provide
an independent technical review of any plan that relies on any voter-approved local funding options.
(14) $100,000 of the multimodal transportation account--state
appropriation is provided solely for community transit to conduct a
federally mandated alternatives analysis study to allow a second swift
line to be funded through the federal transit administration's new
starts or small starts process.
(15) $160,000 of the motor vehicle account--federal appropriation
is provided solely for King county metro to study demand potential for
a state route number 18 and Interstate 90 park-and-ride location, to
size the facilities appropriately, to perform site analysis, and to
develop preliminary design concepts.
Sec. 820 2012 c 86 s 221 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($468,135,000))
$465,085,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The office of financial management budget instructions require
agencies to recast enacted budgets into activities. The Washington
state ferries shall include a greater level of detail in its 2011-2013
supplemental and 2013-2015 omnibus transportation appropriations act
requests, as determined jointly by the office of financial management,
the Washington state ferries, and the transportation committees of the
legislature. This level of detail must include the administrative
functions in the operating as well as capital programs.
(2) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(3) Until a reservation system is operational on the San Juan
islands inner-island route, the department shall provide the same
priority loading benefits on the San Juan islands inner-island route to
home health care workers as are currently provided to patients
traveling for purposes of receiving medical treatment.
(4) The department shall request from the United States coast guard
variable minimum staffing levels on all of its vessels by December 31,
2011.
(5) The department shall continue to provide service to Sidney,
British Columbia and shall explore the option of purchasing a foreign
built vehicle and passenger ferry vessel either with safety of life at
sea (SOLAS) certification or the ability to be retrofitted for SOLAS
certification to operate solely on the Anacortes to Sidney, British
Columbia route currently served by vessels of the Washington state
ferries fleet. The vessel should have the capability of carrying at
least one hundred standard vehicles and approximately four hundred to
five hundred passengers. Further, the department shall explore the
possibilities of contracting a commercial company to operate the vessel
exclusively on this route so long as the contractor's employees
assigned to the vessel are represented by the same employee
organizations as the Washington state ferries. The department shall
report back to the transportation committees of the legislature
regarding: The availability of a vessel; the cost of the vessel,
including transport to the Puget Sound region; and the need for any
statutory changes for the operation of the Sydney, British Columbia
service by a private company.
(6) For the 2011-2013 fiscal biennium, the department of
transportation may enter into a distributor controlled fuel hedging
program and other methods of hedging approved by the fuel hedging
committee.
(7) (($136,648,000)) $127,748,000 of the Puget Sound ferry
operations account--state appropriation is provided solely for auto
ferry vessel operating fuel in the 2011-2013 fiscal biennium. The
amount provided in this appropriation represents the fuel budget for
the purposes of calculating any ferry fare fuel surcharge.
(8) $150,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the department to increase
recreation and tourist ridership by entering into agreements for
marketing and outreach strategies with local economic development
agencies. The department shall identify the number of tourist and
recreation riders on the applicable ferry routes both before and after
implementation of marketing and outreach strategies developed through
the agreements. The department shall report results of the marketing
and outreach strategies to the transportation committees of the
legislature by October 15, 2012.
(9) The Washington state ferries shall participate in the
facilities plan included in section 604 ((of this act)), chapter 367,
Laws of 2011 and shall include an investigation and identification of
less costly relocation options for the Seattle headquarters office.
The department shall include relocation options for the Washington
state ferries Seattle headquarters office in the facilities plan.
Until September 1, 2012, the department may not enter into a lease
renewal for the Seattle headquarters office.
(10) The department, office of financial management, and
transportation committees of the legislature shall make recommendations
regarding an appropriate budget structure for the Washington state
ferries. The recommendation may include a potential restructuring of
the Washington state ferries budget. The recommendation must
facilitate transparency in reporting and budgeting as well as provide
the opportunity to link revenue sources with expenditures. Findings
and recommendations must be reported to the office of financial
management and the joint transportation committee by September 1, 2011.
(11) Two Kwa-di-tabil class ferry vessels must be placed on the
Port Townsend/Coupeville (Keystone) route to provide service at the
same levels provided when the steel electric vessels were in service.
After the vessels as funded under section 308(5) ((of this act)),
chapter 86, Laws of 2012 are in service, the two most appropriate of
these vessels for the Port Townsend/Coupeville (Keystone) route must be
placed on the route. $100,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for the additional
staffing required to maintain a reservation system at this route when
the second vessel is in service.
(12) $706,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for terminal operations to implement
new federal passenger vessel Americans with disabilities act
requirements.
(13) $152,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit.
Sec. 821 2012 c 86 s 222 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($33,642,000))
$33,639,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($34,042,000))
$34,039,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $27,816,000 of the multimodal transportation account--state
appropriation is provided solely for the Amtrak service contract and
Talgo maintenance contract associated with providing and maintaining
state-supported passenger rail service. The department is directed to
continue to pursue efforts to reduce costs, increase ridership, and
review fares or fare schedules. Within thirty days of each annual
cost/revenue reconciliation under the Amtrak service contract, the
department shall report annual credits to the office of financial
management and the legislative transportation committees. Annual
credits from Amtrak to the department including, but not limited to,
credits for increased revenue due to higher ridership, and fare or fare
schedule adjustments, must be used to offset corresponding amounts of
the multimodal transportation account--state appropriation, which must
be placed in reserve. Upon completion of the rail platform project in
the city of Stanwood, the department shall continue to provide daily
Amtrak Cascades service to the city.
(2) Amtrak Cascade runs may not be eliminated.
(3) The department shall plan for a third roundtrip Cascades train
between Seattle and Vancouver, B.C.
(4) The department shall conduct a pilot program by partnering with
the travel industry on the Amtrak Cascades service between Vancouver,
British Columbia, and Seattle to test opportunities for increasing
ridership, maximizing farebox recovery, and stimulating private
investment. The pilot program must run from July 1, 2011, to June 30,
2012. The department shall report on the results of the pilot program
to the office of financial management and the legislature by September
30, 2012.
(5) $300,000 of the multimodal transportation account--state
appropriation is provided solely for the department to conduct a study
to examine the interconnectivity benefits of, and potential for, a
future Amtrak Cascades stop in the vicinity of the city of Auburn. 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.
Sec. 822 2012 c 86 s 223 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,518,000))
$8,505,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,085,000))
$11,072,000
The appropriations in this section are subject to the following
conditions and limitations: The department shall submit a report to
the transportation committees of the legislature by December 1, 2011,
on the implementation of the recommendations that resulted from the
evaluation of efficiencies in the delivery of transportation funding
and services to local governments that was required under section
204(8), chapter 247, Laws of 2010. The report must include a
description of how recommendations were implemented, what efficiencies
were achieved, and an explanation of any recommendations that were not
implemented.
Sec. 901 2012 c 86 s 301 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . $6,681,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $1,357,000 of the state patrol highway account--state
appropriation is provided solely for the following minor works
projects: $200,000 for emergency infrastructure repairs; $75,000 for
water and sewer upgrades; $210,000 for emergency backup system
replacement; $85,000 for chiller replacement; $83,000 for roof
replacements; $128,000 for septic system repairs; and $576,000 for HVAC
replacement and energy upgrades.
(2) $4,903,000 of the state patrol highway account--state
appropriation is provided solely for the Shelton academy of the
Washington state patrol for the new waste water treatment lines, waste
water plants, water lines, and water systems. Of the amount provided
in this subsection, $1,758,000 is for the Washington state patrol's
portion of the costs associated with constructing a water line to the
Shelton academy and $2,047,000 is for the department of corrections'
portion to construct the water line as far as the Washington state
patrol's Shelton academy. If funding is provided in the 2012
supplemental omnibus capital appropriations act for any portion of the
project to construct a water line to the Washington state patrol's
Shelton academy, that portion of the funds included in this subsection
lapses.
(3) $421,000 of the state patrol highway account--state
appropriation is provided solely for the reappropriation of the Shelton
regional water project.
(4) It is the intent of the legislature that the omnibus operating
appropriations act provide funding for the portion of any applicable
debt service payments, resulting from financial contracts identified
under section 601 ((of this act)), chapter 367, Laws of 2011, that are
attributable to the general fund as identified in the Washington state
patrol's cost allocation model.
Sec. 902 2012 c 86 s 302 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $874,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($62,510,000))
$61,470,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $29,360,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($92,744,000))
$95,204,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $874,000 of the motor vehicle account--state appropriation may
be used for county ferry projects as developed pursuant to RCW
47.56.725(4).
(2) (($62,510,000)) $61,470,000 of the rural arterial trust
account--state appropriation is provided solely for county road
preservation grant projects as approved by the county road
administration board. These funds may be used to assist counties
recovering from federally declared emergencies by providing
capitalization advances and local match for federal emergency funding,
and may only be made using existing fund balances. It is the intent of
the legislature that the rural arterial trust account be managed based
on cash flow. The county road administration board shall specifically
identify any of the selected projects and shall include information
concerning the selected projects in its next annual report to the
legislature.
(3) The highway safety account--state appropriation is provided
solely for the county arterial preservation program to help counties
meet urgent preservation needs.
Sec. 903 2012 c 86 s 303 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . $5,270,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($237,545,000))
$235,295,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($242,815,000))
$244,065,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The transportation improvement account--state appropriation
includes up to $22,143,000 in proceeds from the sale of bonds
authorized in RCW 47.26.500.
(2) $3,150,000 of the highway safety account--state appropriation
is provided solely for the urban arterial program to help cities meet
urgent preservation and storm water needs.
(3) $350,000 of the highway safety account--state appropriation is
provided solely for the small city pavement program to help cities meet
urgent preservation and storm water needs.
Sec. 904 2012 c 86 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($1,636,316,000))
$1,149,062,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($103,889,000))
$63,912,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($790,703,000))
$806,907,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($124,917,000))
$84,830,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($416,125,000))
$346,873,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($1,752,138,000))
$995,741,000
((Special Category C Account--State Appropriation . . . . . . . . . . . . $124,000))
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . $5,791,000
State Route Number 520 Corridor Account--Federal
Appropriation . . . . . . . . . . . . $300,000,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $303,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,830,003,000))
$3,747,628,000
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 ((2012-2)) 2013-1 as developed
((March 8, 2012)) April 2, 2013, 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, chapter
. . ., Laws of 2013 (section 603 of this act).
(2) Within the motor vehicle account--state appropriation and motor
vehicle account--federal appropriation, the department may transfer
funds between programs I and P, except for funds that are otherwise
restricted in this act.
(3) The department shall apply for surface transportation program
enhancement funds to be expended in lieu of or in addition to state
funds for eligible costs of projects in programs I and P including, but
not limited to, the state route number 518, state route number 520,
Columbia river crossing, and Alaskan Way viaduct projects.
(4) The department shall apply for the competitive portion of
federal transit administration funds for eligible transit-related costs
of the state route number 520 bridge replacement and HOV project and
the Columbia river crossing project. The federal funds described in
this subsection must not include those federal transit administration
funds distributed by formula. The department shall provide a report
regarding this effort to the legislature by October 1, 2011.
(5) The department shall work with the department of archaeology
and historic preservation to ensure that the cultural resources
investigation is properly conducted on all mega-highway projects and
large ferry terminal projects. These projects must be conducted with
active archaeological management. Additionally, the department shall
establish a scientific peer review of independent archaeologists that
are knowledgeable about the region and its cultural resources.
(6) For highway construction projects where the department
considers agricultural lands of long-term commercial significance, as
defined in RCW 36.70A.030, in reviewing and selecting sites to meet
environmental mitigation requirements under the national environmental
policy act (42 U.S.C. Sec. 4321 et seq.) and the state environmental
policy act (chapter 43.21C RCW), the department shall, to the greatest
extent possible, consider using public land first. If public lands are
not available that meet the required environmental mitigation needs,
the department may use other sites while making every effort to avoid
any net loss of agricultural lands that have a designation of long-term
commercial significance.
(7) (($561,000)) $665,000 of the transportation partnership
account--state appropriation and (($1,176,000)) $954,000 of the
transportation 2003 account (nickel account)--state appropriation are
provided solely for project 0BI4ENV, Environmental Mitigation Reserve -Nickel/TPA project, as indicated in the LEAP transportation document
referenced in subsection (1) of this section. Funds may be used only
for environmental mitigation work that is required by permits that were
issued for projects funded by the transportation partnership account or
transportation 2003 account (nickel account).
(8) The transportation 2003 account (nickel account)--state
appropriation includes up to (($339,608,000)) $308,996,000 in proceeds
from the sale of bonds authorized by RCW 47.10.861.
(9) The transportation partnership account--state appropriation
includes up to (($972,392,000)) $734,097,000 in proceeds from the sale
of bonds authorized in RCW 47.10.873.
(10) The motor vehicle account--state appropriation includes up to
(($55,870,000)) $5,000,000 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 (($1,779,000,000)) $990,801,000 and the
state route number 520 corridor account--federal appropriation includes
up to $300,000,000 in proceeds from the sale of bonds authorized in RCW
47.10.879. Of the amounts appropriated in this subsection,
$300,000,000 of the state route number 520 corridor account--federal
appropriation must be put into unallotted status and is subject to
review by the office of financial management. The director of
financial management shall consult with the joint transportation
committee prior to making a decision to allot these funds.
(12) (($767,000)) $692,000 of the motor vehicle account--state
appropriation and (($3,736,000)) $3,002,000 of the motor vehicle
account--federal appropriation are provided solely for the US 2 High
Priority Safety project (100224I). Expenditure of these funds is for
safety projects on state route number 2 between Monroe and Gold Bar,
which may include median rumble strips, traffic cameras, and electronic
message signs.
(13) $820,000 of the motor vehicle account--federal appropriation,
(($16,308,000)) $6,226,000 of the motor vehicle account--private/local
appropriation, and (($48,000)) $344,000 of the motor vehicle account--state appropriation are provided solely for the US 2/Bickford Avenue -Intersection Safety Improvements project (100210E).
(14) $1,025,000 of the motor vehicle account--state appropriation
is provided solely for environmental work on the Belfair Bypass project
(300344C).
(15) (($372,000)) $360,000 of the motor vehicle account--federal
appropriation and (($9,000)) $49,000 of the motor vehicle account--state appropriation are provided solely for the I-5/Vicinity of Joint
Base Lewis-McChord - Install Ramp Meters project (300596M).
(16) (($202,863,000)) $102,588,000 of the transportation
partnership account--state appropriation and (($51,138,000))
$43,847,000 of the transportation 2003 account (nickel account)--state
appropriation, $12,000 of the motor vehicle account--federal
appropriation, and $68,000 of the motor vehicle account--private/local
appropriation are provided solely for the I-5/Tacoma HOV Improvements
(Nickel/TPA) project (300504A). The use of funds in this subsection to
renovate any buildings is subject to the requirements of section 604
((of this act)), chapter 367, Laws of 2011. The department shall
report to the legislature and the office of financial management on any
costs associated with building renovations funded in this subsection.
(17)(a) $7,423,000 of the transportation partnership account--state
appropriation and (($54,461,000)) $50,332,000 of the motor vehicle
account--federal appropriation are provided solely for the I-5/Columbia
River Crossing project (400506A). ((Of the amounts appropriated in
this subsection, $15,000,000 of the motor vehicle account--federal
appropriation must be put into unallotted status and is subject to the
review of the office of financial management. This funding may only be
allotted once the state of Oregon's total contribution of shared
expenses on the project are within five million dollars of the state of
Washington's shared expenses.))
(b) It is the intent of the legislature that Washington and Oregon
have equal funding commitments and equal total expenditures to date on
the shared components of the Columbia river crossing project. The
department shall provide a quarterly report on this project beginning
March 31, 2012. This report must include:
(i) An update on preliminary engineering and right-of-way
acquisition for the previous quarter;
(ii) Planned objectives for right-of-way and preliminary
engineering for the ensuing quarter;
(iii) An updated comparison of the total appropriation authority
for the project by state;
(iv) An updated comparison of the total expenditures to date on the
project by state; and
(v) The committed funding provided by the state of Oregon to right-of-way acquisition.
(c) $200,000 of the transportation partnership account--state
appropriation in this subsection 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.
(d) Consistent with the draft environmental impact statement and
the Columbia river crossing project's independent review panel report,
the Columbia river crossing project's financial plan must include
recognition of state transportation funding contributions from both
Washington and Oregon, federal transportation funding, and a funding
contribution from toll bond proceeds. Following the refinement of the
finance plan as recommended by the independent review panel, the
department may seek authorization from the legislature to collect tolls
on the existing Columbia river crossing or on a replacement crossing
over Interstate 5.
(e) The Washington state department of transportation budget
includes resources to continue work on solutions that advance the
Columbia river crossing project to completion of the required
environmental impact statement. The department must report to the
Columbia river crossing legislative oversight subcommittee of the joint
transportation committee, established in section 204(7) ((of this
act)), chapter 86, Laws of 2012, on the progress made on the Columbia
river crossing project at each meeting of the oversight subcommittee.
Reporting must include updated information on cost estimates, rights-of-way purchases and procurement schedules, and financing plans for the
Columbia river crossing project, including projected traffic volumes,
fuel and gas price assumptions, toll rates, costs of toll collections,
as well as potential need for general transportation funding. By
January 1, 2013, the department shall provide to the oversight
subcommittee of the joint transportation committee a phased master plan
for the Columbia river crossing project.
(18) Within the amounts provided for the Columbia river crossing
project (400506A), the department shall conduct a traffic and revenue
analysis for the Columbia river crossing project that will lay the
foundation for investment grade traffic and revenue analysis. While
conducting the analysis, the department must coordinate with the Oregon
department of transportation, the Washington state transportation
commission, and the Washington state legislative oversight committee.
(a) The department's analysis must include the assessment and
review of the following variables within the project:
(i) Exemptions from tolls for vehicles with two or more occupants;
(ii) A variable toll where the tolls vary by time of day and day of
the week; and
(iii) A frequency-based toll rate for the facility.
(b) The analysis must also assess the following:
(i) The impact that light rail service in the corridor will have on
estimated toll revenues;
(ii) The level of diversion from the Interstate 5 corridor and the
impact on estimated toll revenues; and
(iii) The estimated toll revenues from vehicle trips originating
within the region and outside the region by vehicle type.
(c) The department must submit a report of findings to the
transportation committees of the legislature by July 1, 2013.
(19) (($309,000)) $91,000 of the motor vehicle account--federal
appropriation and (($78,000)) $24,000 of the motor vehicle account--state appropriation are provided solely for the SR 9/SR 204
Intersection Improvement project (L2000040).
(20) (($3,385,000)) $980,000 of the motor vehicle account--federal
appropriation and (($50,000)) $51,000 of the motor vehicle account--state appropriation are provided solely for the US 12/Nine Mile Hill to
Woodward Canyon Vic - Build New Highway project (501210T).
(21) (($5,791,000 of the Tacoma Narrows toll bridge account--state
appropriation is provided solely for deferred sales tax expenses on the
construction of the new Tacoma Narrows bridge. However, if chapter
. . . (Senate Bill No. 6073), Laws of 2012 (sales tax exemption on SR
16 projects) is enacted by June 30, 2012, the amount provided in this
subsection lapses.)) $226,000 of the motor vehicle account--federal
appropriation and ((
(22) $391,000$16,000)) $19,000 of the motor vehicle account--state appropriation are provided solely for the SR 16/Rosedale Street
NW Vicinity - Frontage Road project (301639C). The frontage road must
be built for driving speeds of no more than thirty-five miles per hour.
(((23) $621,000)) (22) $663,000 of the motor vehicle account--federal appropriation is provided solely for the SR 20/Race Road to
Jacob's Road safety project (L2200042).
(((24) $32,162,000)) (23) $15,746,000 of the transportation
partnership account--state appropriation is provided solely for the SR
28/ US 2 and US 97 Eastmont Avenue Extension project (202800D).
(((25) $1,227,000)) (24) $705,000 of the motor vehicle account--federal appropriation and (($38,000)) $165,000 of the motor vehicle
account--state appropriation are provided solely for design and right-of-way work on the I-82/Red Mountain Vicinity project (508208M). The
department shall continue to work with the local partners in developing
transportation solutions necessary for the economic growth in the Red
Mountain American viticulture area of Benton county.
(((26) $1,500,000)) (25) $3,000,000 of the motor vehicle account--federal appropriation ((is)) and $120,000 of the motor vehicle
account--state appropriation are provided solely for the I-90
Comprehensive Tolling Study and Environmental Review project (100067T).
The department shall undertake a comprehensive environmental review of
tolling Interstate 90 between Interstate 5 and Interstate 405 for the
purposes of both managing traffic and providing funding for
construction of the unfunded state route number 520 from Interstate 5
to Medina project. The environmental review must include significant
outreach to potentially affected communities. The department may
consider traffic management options that extend as far east as
Issaquah.
(((27))) (26) $12,149,000 of the motor vehicle account--federal
appropriation and $362,000 of the motor vehicle account--state
appropriation are provided solely for the I-90/Sullivan Road to Barker
Road - Additional Lanes project (609049N).
(((28))) (27) Up to $8,000,000 in savings realized on the I-90/Snoqualmie Pass East - Hyak to Keechelus Dam - Corridor project
(509009B) may be used for design work on the next two-mile segment of
the corridor. Any additional savings on this project must remain on
the corridor. Project funds may not be used to build or improve
buildings until the plan described in section 604 ((of this act)),
chapter 367, Laws of 2011 is complete.
(((29) $657,000)) (28) $637,000 of the motor vehicle account--federal appropriation is provided solely for the US 97A/North of
Wenatchee - Wildlife Fence project (209790B).
(((30))) (29) The department shall reconvene an expert review panel
of no more than three members as described under RCW 47.01.400 for the
purpose of updating the work that was previously completed by the panel
on the Alaskan Way viaduct replacement project and to ensure that an
appropriate and viable financial plan is created and regularly
reviewed. The expert review panel must be selected cooperatively by
the chairs of the senate and house of representatives transportation
committees, the secretary of transportation, and the governor. The
expert review panel must report findings and recommendations to the
transportation committees of the legislature, the governor's Alaskan
Way viaduct project oversight committee, and the transportation
commission by October 2011, and annually thereafter until the project
is operationally complete.
(((31))) (30) It is important that the public and policymakers have
accurate and timely access to information related to the Alaskan Way
viaduct replacement project as it proceeds to, and during, the
construction of all aspects of the project including, but not limited
to, information regarding costs, schedules, contracts, project status,
and neighborhood impacts. Therefore, it is the intent of the
legislature that the state, city, and county departments of
transportation establish a single source of accountability for
integration, coordination, tracking, and information of all requisite
components of the replacement project, which must include, at a
minimum:
(a) A master schedule of all subprojects included in the full
replacement project or program; and
(b) A single point of contact for the public, media, stakeholders,
and other interested parties.
(((32))) (31) Within the amounts provided in this section, $20,000
of the motor vehicle account--state appropriation and $980,000 of the
motor vehicle account--federal appropriation are provided solely for
the department to continue work on a comprehensive tolling study of the
state route number 167 corridor (project 316718S). As funding allows,
the department shall also continue work on a comprehensive tolling
study of the state route number 509 corridor.
(((33))) (32)(a) (($137,022,000)) $70,663,000 of the transportation
partnership account--state appropriation and (($50,623,000))
$38,613,000 of the transportation 2003 account (nickel account)--state
appropriation are provided solely for the I-405/Kirkland Vicinity Stage
2 - Widening project (8BI1002). This project must be completed as soon
as practicable as a design-build project and must be constructed with
a footprint that would accommodate potential future express toll lanes.
(b) ((As part of the project, the department shall conduct a
traffic and revenue analysis and complete a financial plan to provide
additional information on the revenues, expenditures, and financing
options available for active traffic management and congestion relief
in the Interstate 405 and state route number 167 corridors. A report
must be provided to the transportation committees of the legislature
and the office of financial management by January 2012. However, this
subsection(33)(b) is null and void if chapter . . . (Engrossed House
Bill No. 1382), Laws of 2011 (I-405 express toll lanes) is enacted by
June 30, 2011.)) Within the amounts provided for this project, funding is
provided solely for tolling equipment, such as gantries, barriers, or
cameras, on Interstate 405, consistent with chapter 369, Laws of 2011.
The department shall place amounts for tolling equipment into
unallotted status until the traffic and revenue analysis required in
RCW 47.56.886 is submitted to the governor and the legislature. Once
the report has been submitted, the office of financial management may
approve the allotment of funds for tolling equipment only after
consultation with the joint transportation committee.
(c) Of the amount appropriated in (a) of this subsection,
$15,000,000 of the transportation partnership account--state
appropriation is provided solely for the preliminary design and
purchase of rights-of-way on the state route number 167 direct
connector. It is the intent of the legislature to fund an additional
$25,000,000 of the transportation partnership account--state
appropriation for the preliminary design and purchase of rights-of-way
on the state route number 167 direct connector during the 2013-2015
biennium.
(d)
(((34))) (33) $3,392,000 of the transportation partnership
account--state appropriation is provided solely for the preliminary
design and purchase of rights-of-way on the state route number 167
direct connector (140504C).
(34) Funding for a signal at state route number 507 and Yew Street
is included in the appropriation for intersection and spot improvements
(0BI2002).
(35) (($224,592,000)) $52,078,000 of the transportation partnership
account--state appropriation and (($898,286,000)) $902,101,000 of the
state route number 520 corridor account--state appropriation are
provided solely for the state route number 520 bridge replacement and
HOV program (8BI1003). When developing the financial plan for the
program, the department shall assume that all maintenance and operation
costs for the new facility are to be covered by tolls collected on the
toll facility, and not by the motor vehicle account.
(36) $500,000 of the motor vehicle account--state appropriation is
provided solely for a multimodal corridor plan on state route number
520 between Interstate 405 and Avondale Road in Redmond (L1000054).
(37) $300,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 523 Corridor study (L1000059).
(38) The department shall consider using the city of Mukilteo's
off-site mitigation program in the event any projects on state route
number 525 or 526 require environmental mitigation.
(39) Any savings on projects on the state route number 532 corridor
must be used within the corridor to begin work on flood prevention and
raising portions of the highway above flood and storm influences.
(40) The total appropriation provided in this section assumes
enactment of chapter . . . (Second Substitute Senate Bill No. 5250),
Laws of 2012 (design-build procedures) and reflects efficiencies and
cost savings generated by this innovative design and contracting tool.
(41) Construction of a new traffic management center may not
commence until the budget evaluation study in section 102(1) ((of this
act)), chapter 86, Laws of 2012 is complete and the office of financial
management has determined that a new traffic management center is the
preferred option and has approved this project.
(42) The department shall itemize all future requests for the
construction of new buildings on a project list. Each building
construction project must be listed in the project list along with all
other highway construction projects and submitted by the department as
part of its budget submittal. It is the intent of the legislature that
new facility construction must be transparent and not appropriated
within larger highway construction projects.
(43) (($250,000)) $240,000 of the motor vehicle account--federal
appropriation is provided solely for planning a proposed off-ramp
eastbound from state route number 518 to Des Moines Memorial Drive in
Burien (L1100045).
(44) (($1,100,000)) $425,000 of the motor vehicle account--federal
appropriation is provided solely for preliminary engineering on the I-5/Marvin Road Interchange study (L2200087).
(45) (($400,000)) $389,000 of the motor vehicle account--federal
appropriation is provided solely for the SR 150/No-See-Um Road
Intersection - Realignment project (L2200092).
(46) $750,000 of the motor vehicle account--federal appropriation
is provided solely for ((preliminary engineering on)) the SR
305/Suquamish Way Intersection Improvements project (L2200093).
(47) (($700,000)) $660,000 of the motor vehicle account--federal
appropriation is provided solely for the US 395/Lind Road Intersection
project (L2200086).
(48) $8,048,000 of the motor vehicle account--state appropriation
is provided solely to advance the design, preliminary engineering, and
rights-of-way acquisition for the projects identified in LEAP
Transportation Document 2013-3 as developed April 2, 2013. Funds must
be used to advance the emergent, initial development of these projects
for the purpose of expediting delivery of the associated major
investments when funding for such investments becomes available.
Funding may be reallocated between projects to maximize the
accomplishment of design and preliminary engineering work and rights-of-way acquisition, provided that all projects are addressed. It is
the intent of the legislature that, while seeking to maximize the
outcomes in this section, the department shall provide for continuity
of both the state and consulting engineer workforce, while
strategically utilizing private sector involvement to ensure
consistency with the department's business plan for staffing in the
highway construction program in the current and next biennium.
Sec. 905 2012 c 86 s 306 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($44,463,000))
$23,488,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($81,741,000))
$66,003,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($540,306,000))
$467,466,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($21,585,000))
$18,891,000
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . $259,000
((Transportation 2003 Account (Nickel Account)--State))
Appropriation . . . . . . . . . . . . $23,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($691,877,000))
$579,607,000
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 ((2012-2)) 2013-1 as developed
((March 8, 2012)) April 2, 2013, Program - Highway Preservation Program
(P). However, limited transfers of specific line-item project
appropriations may occur between projects for those amounts listed
subject to the conditions and limitations in section 603, chapter
. . ., Laws of 2013 (section 603 of this act).
(2) The department of transportation shall continue to implement
the lowest life-cycle cost planning approach to pavement management
throughout the state to encourage the most effective and efficient use
of pavement preservation funds. Emphasis should be placed on
increasing the number of roads addressed on time and reducing the
number of roads past due.
(3) 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.
(4) The department shall apply for surface transportation program
enhancement funds to be expended in lieu of or in addition to state
funds for eligible costs of projects in programs I and P.
(5) ((The motor vehicle account--state appropriation includes up to
$17,652,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.)) The department must work with cities and counties to develop
a comparison of direct and indirect labor costs, overhead rates, and
other costs for high-cost bridge inspections charged by the state,
counties, and other entities. The comparison is due to the
transportation committees of the legislature on September 1, 2011.
(6)
(((7) $789,000)) (6) $739,000 of the motor vehicle account--federal
appropriation and (($6,000)) $56,000 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).
(((8) $10,843,000)) (7) $9,096,000 of the motor vehicle account--federal appropriation, (($1,992,000)) $1,794,000 of the motor vehicle
account--private/local appropriation, and (($390,000)) $340,000 of the
motor vehicle account--state appropriation are provided solely for the
SR 21/Keller Ferry - Replace Boat project (602110J).
(((9) $165,000)) (8) $227,000 of the motor vehicle account--federal
appropriation is provided solely for the I-90/Ritzville to Tokio -Paving of Outside Lanes project (609041G).
(((10) $5,565,000)) (9) $1,566,000 of the motor vehicle account--federal appropriation and (($232,000)) $124,000 of the motor vehicle
account--state appropriation are provided solely for the SR
167/Puyallup River Bridge Replacement project (316725A). This project
must be completed as a design-build project. The department must work
with local jurisdictions and the community during the environmental
review process to develop appropriate esthetic design elements, at no
additional cost to the department, and traffic management plans
pertaining to this project. The department must report to the
transportation committees of the legislature on estimated cost and/or
time savings realized as a result of using the design-build process.
(((11) $507,000)) (10) $649,000 of the motor vehicle account--federal appropriation and (($13,000)) $16,000 of the motor vehicle
account--state appropriation are provided solely for the SR
906/Travelers Rest - Building Renovation project (090600A).
(((12) The department shall submit a renewal and rehabilitation
plan for the new state route number 16 Tacoma Narrows bridge as a
decision package as part of its 2013-2015 biennial budget submittal.))
Sec. 906 2012 c 86 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,779,000))
$8,801,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($7,283,000))
$7,184,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,062,000))
$15,985,000
The appropriations in this section are subject to the following
conditions and limitations: (($1,000,000)) $371,000 of the motor
vehicle account-- state appropriation for project 000005Q is provided
solely for state matching funds for federally selected competitive
grants or congressional earmark projects. These moneys must be placed
into reserve status until such time as federal funds are secured that
require a state match.
Sec. 907 2012 c 86 s 308 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES
CONSTRUCTION--PROGRAM W
Puget Sound Capital Construction Account--State
Appropriation . . . . . . . . . . . . (($61,965,000))
$61,956,000
Puget Sound Capital Construction Account--Federal
Appropriation . . . . . . . . . . . . (($61,736,000))
$56,587,000
Puget Sound Capital Construction Account--Private/Local
Appropriation . . . . . . . . . . . . (($200,000))
$356,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($119,928,000))
$150,215,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $12,838,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($27,527,000))
$27,283,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($284,194,000))
$309,235,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed in LEAP Transportation Document ((2012-1)) 2013-2
ALL PROJECTS as developed ((March 8, 2012)) April 2, 2013, Program -Washington State Ferries Capital Program (W).
(2) The department shall work with the department of archaeology
and historic preservation to ensure that the cultural resources
investigation is properly conducted on all large ferry terminal
projects. These projects must be conducted with active archaeological
management.
(3) The multimodal transportation account--state appropriation
includes up to (($27,527,000)) $27,283,000 in proceeds from the sale
of bonds authorized in RCW 47.10.867.
(4) The Puget Sound capital construction account--state
appropriation includes up to $45,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.843.
(5) (($17,970,000)) $17,370,000 of the transportation 2003 account
(nickel account)--state appropriation is provided solely for the
acquisition of new Kwa-di-tabil class ferry vessels (project 944470A)
subject to the conditions of RCW 47.56.780.
(6) $25,404,000 of the multimodal transportation account--state
appropriation, $1,000,000 of the Puget Sound capital construction
account--federal appropriation, $11,500,000 of the transportation
partnership account--state appropriation, and (($85,924,000))
$76,917,000 of the transportation 2003 account (nickel account)--state
appropriation are provided solely for the acquisition of one 144-car
vessel (project L2200038). The department shall use as much already
procured equipment as practicable on the 144-car vessel. The vendor
must present to the joint transportation committee and the office of
financial management, by August 15, 2011, a list of options that will
result in significant cost savings changes in terms of construction or
the long-term maintenance and operations of the vessel. The vendor
must allow for exercising the options without a penalty. If neither
chapter ... (Engrossed Substitute Senate Bill No. 5742), Laws of 2011
nor chapter ... (House Bill No. 2083), Laws of 2011 is enacted by June
30, 2011, $75,000,000 of the transportation 2003 account (nickel
account)--state appropriation in this subsection lapses.
(7) (($5,749,000)) $5,569,000 of the total appropriation is
provided solely for continued permitting work on the Mukilteo ferry
terminal (project 952515P). The department shall seek additional
federal funding for this project. Prior to beginning terminal
improvements, the department shall report to the legislature on the
final environmental impact statement by December 31, 2012. The report
must include an overview of the costs and benefits of each of the
alternatives considered, as well as an identification of costs and a
funding plan for the preferred alternative.
(8) The department shall review all terminal project cost estimates
to identify projects where similar design requirements could result in
reduced preliminary engineering or miscellaneous items costs. The
department shall report to the legislature by September 1, 2011. The
report must use programmatic design and include estimated cost savings
by reducing repetitive design costs or miscellaneous costs, or both,
applied to projects.
(9) (($3,000,000)) $6,000,000 of the Puget Sound capital
construction account--state appropriation is provided solely for
emergency capital repair costs (project 999910K). Funds may be spent
only after approval from the office of financial management.
(10) (($4,851,000)) $4,552,000 of the Puget Sound capital
construction account--state appropriation is provided solely for the
reservation and communications system projects (L200041 & L200042).
(11) $1,000,000 of the Puget Sound capital construction account--state appropriation is provided solely for security and operational
planning as a first step in introducing liquid natural gas (LNG) to the
Washington ferry fleet, including the issuance of a request for
proposals (RFP). $750,000 is provided solely for the department to
work with appropriate agencies of the state and federal government to
amend the state's current alternative security plan to account for the
use of LNG as a propulsion fuel in the ferry fleet, and to begin public
outreach efforts. $250,000 is provided solely to issue an RFP for a
design-build contract to fully convert the existing diesel powered
Issaquah class fleet to be solely powered by LNG. The successful
bidder must be awarded the $250,000 appropriation and must be able to
offer detailed design services, attain coast guard approval regarding
vessel safety and any other requirements pertaining to design, acquire
engines with LNG as a sole fuel source, provide public outreach and
education regarding the conversion of ferry vessels to LNG, perform all
conversion work, and supply dependable and suitable quantities of LNG.
The RFP must include incentives for proposals that include alternative
financing arrangements, such as a delayed payment plan based on fuel
savings. To the extent allowable under current law, the bidder awarded
the design-build contract for converting the Issaquah fleet to LNG
under this subsection must be given bidding preferences in any future
LNG-related ferry proposals or projects. The RFP referenced in this
subsection must be issued by the department by August 1, 2012. The
department must provide a report to the joint transportation committee
on the development of the RFP in July 2012 and an update report again
in September 2012.
(12) (($500,000)) $1,200,000 of the Puget Sound capital
construction account--state appropriation is provided solely for the
ADA visual paging project (L2200083). If any new federal grants are
received by the department that may supplant the state funds in this
appropriation, the state funds in this appropriation must be placed in
unallotted status.
(13) Consistent with RCW 47.60.662, which requires the Washington
state ferry system to collaborate with passenger-only ferry and transit
providers to provide service at existing terminals, the department
shall ensure that multimodal access, including for passenger-only
ferries and transit service providers, is not precluded by any future
modifications at the terminal.
(14) The transportation 2003 account (nickel account)--state
appropriation includes up to $47,759,000 in proceeds from the sale of
bonds authorized in RCW 47.10.861.
Sec. 908 2012 c 86 s 309 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account--State
Appropriation . . . . . . . . . . . . $1,565,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . (($5,693,000))
$5,018,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($58,220,000))
$31,124,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($236,597,000))
$110,725,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . (($1,010,000))
$1,096,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($303,085,000))
$149,528,000
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 ((2012-1)) 2013-2 ALL PROJECTS as developed ((March 8, 2012))
April 2, 2013, Program - Rail Capital Program (Y).
(b) Within the amounts provided in this section, (($4,757,000))
$4,507,000 of the transportation infrastructure account--state
appropriation is for low-interest loans through the freight rail
investment bank program for specific projects listed as recipients of
these loans in the LEAP transportation document identified in (a) of
this subsection, except that funding for the city of Richland - loop
track (project 721410A) is removed from the document. The department
shall issue freight rail investment bank program loans with a repayment
period of no more than ten years, and only so much interest as is
necessary to recoup the department's costs to administer the loans.
(c) Within the amounts provided in this section, (($2,047,000))
$2,201,000 of the multimodal transportation account--state
appropriation, (($10,000)) $96,000 of the multimodal transportation
account--private/local appropriation, and $1,000,000 of the essential
rail assistance account--state appropriation are for statewide emergent
freight rail assistance projects identified in the LEAP transportation
document identified in (a) of this subsection.
(2)(a) The department shall issue a call for projects for the
freight rail investment bank (FRIB) loan program and the emergent
freight rail assistance program (FRAP) grants, and shall evaluate the
applications according to the cost-benefit methodology developed during
the 2008 interim using the legislative priorities specified in (c) of
this subsection. Unsuccessful FRAP grant applicants should be
encouraged to apply to the FRIB loan program, if eligible. By November
1, 2012, the department shall submit a prioritized list of recommended
projects to the office of financial management and the transportation
committees of the legislature.
(b) When the department identifies a prospective rail project that
may have strategic significance for the state, or at the request of a
proponent of a prospective rail project or a member of the legislature,
the department shall evaluate the prospective project according to the
cost-benefit methodology developed during the 2008 interim using the
legislative priorities specified in (c) of this subsection. The
department shall report its cost-benefit evaluation of the prospective
rail project, as well as the department's best estimate of an
appropriate construction schedule and total project costs, to the
office of financial management and the transportation committees of the
legislature.
(c) The legislative priorities to be used in the cost-benefit
methodology are, in order of relative importance:
(i) Economic, safety, or environmental advantages of freight
movement by rail compared to alternative modes;
(ii) Self-sustaining economic development that creates family-wage
jobs;
(iii) Preservation of transportation corridors that would otherwise
be lost;
(iv) Increased access to efficient and cost-effective transport to
market for Washington's agricultural and industrial products;
(v) Better integration and cooperation within the regional,
national, and international systems of freight distribution; and
(vi) Mitigation of impacts of increased rail traffic on
communities.
(3) The department is directed to expend unallocated federal rail
crossing funds in lieu of or in addition to state funds for eligible
costs of projects in program Y.
(4) The department shall provide quarterly reports to the office of
financial management and the transportation committees of the
legislature regarding applications that the department submits for
federal funds and the status of such applications.
(5) The multimodal transportation account--state appropriation
includes up to $12,103,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
(6) 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.
(7) (($218,341,000)) $103,993,000 of the multimodal transportation
account--federal appropriation and (($3,639,000)) $1,815,000 of the
multimodal transportation account--state appropriation are provided
solely for expenditures related to passenger high-speed rail grants.
At one and one-half percent of the total project funds, the multimodal
transportation account--state funds are provided solely for
expenditures that are not federally reimbursable. Funding in this
subsection is the initial portion of multiyear high-speed rail program
grants awarded to Washington state for high-speed intercity passenger
rail investments. Funding will allow for two additional round trips
between Seattle and Portland and other rail improvements.
(8) $750,000 of the multimodal transportation account--state
appropriation is provided solely for the Port of Royal Slope
rehabilitation project (L1000053). Funding is contingent upon the
project completing the rail cost-benefit methodology process developed
during the 2008 interim using the legislative priorities outlined in
subsection (2)(c) of this section.
(9) As allowable under federal rail authority rules and existing
competitive bidding practices, when purchasing new train sets, the
department shall give preference to bidders that propose train sets
with characteristics and maintenance requirements most similar to those
currently owned by the department.
(10) Funds generated by the grain train program are solely for
operating, sustaining, and enhancing the grain train program including,
but not limited to, operations, capital investments, inspection,
developing business plans for future growth, and fleet management. Any
funds deemed by the department, in consultation with relevant port
districts, to be in excess of current operating needs or capital
reserves of the grain train program may be transferred from the
miscellaneous program account to the essential rail assistance account
for the purpose of sustaining the grain train program through
maintaining the Palouse river and Coulee City railroad line, on which
the grain train program operates.
(11) $500,000 of the essential rail assistance account--state
appropriation is provided solely for the purpose of rehabilitation and
maintenance of the Palouse river and Coulee City railroad line.
Expenditures from this appropriation may not exceed the combined total
of:
(a) The revenues deposited into the essential rail assistance
account from leases and sale of property pursuant to RCW 47.76.290; and
(b) Revenues transferred from the miscellaneous program account for
the purpose of sustaining the grain train program through maintaining
the Palouse river and Coulee City railroad line.
(12) $200,000 of the multimodal transportation account--state
appropriation is provided solely for the Clark county chelatchie
prairie rail road (project L2200085).
Sec. 909 2012 c 86 s 310 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL
((Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000))
Highway Infrastructure Account -- Federal
Appropriation . . . . . . . . . . . . $1,602,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($4,179,000))
$2,511,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($37,935,000))
$19,759,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $852,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . (($11,278,000))
$5,044,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($7,181,000))
$3,967,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . (($15,668,000))
$11,868,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . (($2,834,000))
$960,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($22,575,000))
$13,262,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $1,115,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($104,574,000))
$59,338,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,115,000 of the passenger ferry account--state appropriation
is provided solely for near and long-term costs of capital improvements
and operating expenses that are consistent with the business plan
approved by the governor for passenger ferry service.
(2) The department shall apply for surface transportation program
enhancement funds to be expended in lieu of or in addition to state
funds for eligible costs of projects in local programs, program
Z--capital.
(3) Federal funds may be transferred from program Z to programs I
and P and state funds must be transferred from programs I and P to
program Z to replace those federal funds in a dollar-for-dollar match.
Fund transfers authorized under this subsection shall not affect
project prioritization status. Appropriations must initially be
allotted as appropriated in this act. The department may not transfer
funds as authorized under this subsection without approval of the
office of financial management. The department shall submit a report
on those projects receiving fund transfers to the office of financial
management and the transportation committees of the legislature by
December 1, 2011, and December 1, 2012.
(4) The city of Winthrop may utilize a design-build process for the
Winthrop bike path project.
(5) (($14,813,000 of the multimodal transportation account--state
appropriation, $12,804,000 of the motor vehicle account--federal
appropriation, and $6,241,000 of the transportation partnership
account--state appropriation are provided solely for the pedestrian and
bicycle safety program projects and safe routes to schools program
projects identified in: LEAP Transportation Document 2011-A,
pedestrian and bicycle safety program projects and safe routes to
schools program projects, as developed April 19, 2011; LEAP
Transportation Document 2009-A, pedestrian and bicycle safety program
projects and safe routes to schools program projects, as developed
March 30, 2009; LEAP Transportation Document 2007-A, pedestrian and
bicycle safety program projects and safe routes to schools program
projects, as developed April 20, 2007; and LEAP Transportation Document
2006-B, pedestrian and bicycle safety program projects and safe routes
to schools program projects, as developed March 8, 2006. Projects must
be allocated funding based on order of priority. The department shall
review all projects receiving grant awards under this program at least
semiannually to determine whether the projects are making satisfactory
progress. Any project that has been awarded funds, but does not report
activity on the project within one year of the grant award must be
reviewed by the department to determine whether the grant should be
terminated. The department shall promptly close out grants when
projects have been completed, and identify where unused grant funds
remain because actual project costs were lower than estimated in the
grant award.)) 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 ((
(6)2012-1)) 2013-2 ALL PROJECTS as developed ((March 8, 2012))
April 2, 2013, Program - Local Program (Z).
(((7))) (6) For the 2011-2013 project appropriations, unless
otherwise provided in this act, the director of the office of financial
management may authorize a transfer of appropriation authority between
projects managed by the freight mobility strategic investment board and
may also advance projects in future biennia, as identified in LEAP
Transportation Document ((2012-1)) 2013-2 ALL PROJECTS as developed
((March 8, 2012)) April 2, 2013, into the current biennium in order for
the board to manage project spending and efficiently deliver all
projects in the respective program.
(((8))) (7) With each department budget submittal, the department
shall provide an update on the status of the repayment of the twenty
million dollars of unobligated federal funds authority advanced by the
department in September 2010 to the city of Tacoma for the Murray
Morgan/11th Street bridge project.
(((9))) (8) If funding is specifically designated in this act for
main street projects, the department shall prepare a list of projects
that is consistent with chapter 257, Laws of 2011, for approval in the
2013-2015 fiscal biennium.
(((10) $267,000)) (9) $50,000 of the motor vehicle account--state
appropriation and (($2,859,000)) $50,000 of the motor vehicle account--federal appropriation are provided solely for completion of the US 101
northeast peninsula safety rest area and associated roadway
improvements east of Port Angeles at the Deer Park scenic view point
(3LP187A). The department must surplus any right-of-way previously
purchased for this project near Sequim. Approval to proceed with
construction is contingent on surplus of previously purchased right-of-way.
(((11))) (10) Up to (($3,702,000)) $2,680,000 of the motor vehicle
account--federal appropriation and (($75,000)) $55,000 of the motor
vehicle account--state appropriation are provided solely to reimburse
the cities of Kirkland and Redmond for pavement and bridge deck
rehabilitation on state route number 908 (1LP611A). These funds may
not be expended unless the cities sign an agreement stating that the
cities agree to take ownership of state route number 908 in its
entirety and agree that the payment of these funds represents the
entire state commitment to the cities for state route number 908
expenditures.
(((12))) (11) $225,000 of the multimodal transportation account--state appropriation is provided solely for the Shell Valley emergency
road and bicycle/pedestrian path (L1000036).
(((13))) (12) $188,000 of the motor vehicle account--state
appropriation is provided solely for flood reduction solutions on state
route number 522 caused by the lower McAleer and Lyon creek basins
(L1000041).
(((14) $896,000)) (13) $293,000 of the multimodal transportation
account--state appropriation is provided solely for realignment of
Parker Road and construction of secondary access off of state route
number 20 (L2200040).
(((15) An additional $2,500,000 of the motor vehicle account--federal appropriation is provided solely for the Strander Blvd/SW 27th
St Connection project (1LP902F), which amount is reflected in the LEAP
transportation document identified in subsection (6) of this section.
These funds may only be committed if needed, may not be used to
supplant any other committed project partnership funding, and must be
the last funds expended.)) (14) $30,000 of the motor vehicle account--federal
appropriation is provided solely for safety improvements at the
intersection of South Wapato and McDonald Road (L1000052).
(16) $500,000
(((17) $2,000,000)) (15) 850,000 of the multimodal transportation
account--state appropriation is provided solely for the state route
number 432 rail realignment and highway improvements project
(L1000056).
(((18))) (16) $100,000 of the motor vehicle account--federal
appropriation is provided solely for state route number 164 and Auburn
Way South pedestrian improvements (L1000057).
(((19))) (17) $115,000 of the motor vehicle account--federal
appropriation is provided solely for median street lighting on state
route number 410 (L1000058).
(((20))) (18) $60,000 of the multimodal transportation account--state appropriation is provided solely for a cross docking study for
the port of Douglas county (L1000060).
(((21))) (19) $100,000 of the motor vehicle account--federal
appropriation is provided solely for city of Auburn - 8th and R Street
NE intersection improvements (L2200043).
(((22))) (20) $65,000 of the multimodal transportation account--state appropriation is provided solely for the Puget Sound regional
council to further the implementation of multimodal concurrency
practice through a transit service overlay zone implemented at the
local level (L1000061). This approach will improve the linkage of land
use and transportation investment decisions, improve the efficiency of
transit service by encouraging transit-supportive development, provide
incentives for developers, and support integrated regional growth,
economic development, and transportation plans. In carrying out this
work, the council shall involve representatives from cities and
counties, developers, transit agencies, and other interested
stakeholders, and shall consult with other regional transportation
planning organizations across the state. The council shall report the
results of their work and recommendations to the joint transportation
committee by December 2011, with a final report to the transportation
committees of the legislature by January 31, 2012.
(((23) $1,750,000)) (21) $650,000 of the motor vehicle account--federal appropriation is provided solely for the SR 522
Improvements/61st Avenue NE and NE 181st Street project (L1000055).
(((24))) (22) The department shall implement a call for projects
eligible for the bicycle and pedestrian grant program similar to the
call for projects conducted in 2010, although the department may adjust
the criteria to include mobility and connectivity. The department
shall include a list of prioritized bicycle and pedestrian grant
projects for approval in the 2013-2015 biennial transportation budget.
(((25))) (23) $100,000 of the multimodal transportation account--state appropriation is provided solely for the design of a stand-alone
ADA accessible bicycle/pedestrian bridge across the Sultan river in the
city of Sultan (L1100044).
(((26) $445,000)) (24) $30,000 of the motor vehicle account--federal appropriation is provided solely for pedestrian lighting on the
main span of the Chehalis river bridge in Aberdeen (L1100046).
(((27) $500,000)) (25) $80,000 of the motor vehicle account--federal appropriation is provided solely for resurfacing Alder Avenue
in the city of Sultan (L1100047).
(((28) $800,000)) (26) $550,000 of the motor vehicle account--federal appropriation is provided solely for rights-of-way acquisition
on state route number 516 from Jenkins creek to 185th (L2000017).
(((29) $1,100,000 of the motor vehicle account--federal
appropriation is provided solely for traffic analysis, right-of-way,
and design work on the 31st Avenue Southwest overpass on Puyallup's
South Hill (L1100048).)) (27) $250,000 of the motor vehicle account--federal appropriation is provided solely for environmental
documentation and preliminary engineering for the Scott Avenue
Reconnection Project in the city of Woodland (L1100049).
(30) $2,000,000
(((31) $350,000 of the motor vehicle account--federal appropriation
is provided solely for preliminary engineering and rights-of-way on the
Slater Road Bridge project (L2200089).)) (28) $40,000 of the motor vehicle account--federal
appropriation is provided solely for rehabilitation work for
156th/160th Avenue in the city of Covington (L2200088).
(32) $380,000
(((33))) (29) $380,000 of the motor vehicle account--federal
appropriation is provided solely for improvements to Penney Avenue in
the town of Naches (L2200090).
(((34))) (30) $450,000 of the motor vehicle account--federal
appropriation is provided solely for preliminary engineering on NW
Friberg Street and Goodwin Road in the city of Camas (L2200091).
(31) $650,000 of the highway safety account--state appropriation is
provided solely to the freight mobility strategic investment board for
grants to meet urgent freight corridor improvement and preservation
needs that meet the board's criteria, as identified in the LEAP
transportation document referenced under subsection (5) of this
section.
(32) $202,000 of the highway safety account--state appropriation is
provided solely for safe routes to school grant program projects, as
identified in the LEAP transportation document referenced under
subsection (5) of this section.
Sec. 1001 2012 c 86 s 401 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND
DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND
REVENUE
Highway Bond Retirement Account--State
Appropriation . . . . . . . . . . . . (($879,501,000))
$862,130,000
Ferry Bond Retirement Account--State
Appropriation . . . . . . . . . . . . (($31,801,000))
$31,807,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($3,818,000))
$4,766,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . (($16,482,000))
$17,174,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($22,476,000))
$21,877,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($3,654,000))
$2,570,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($382,000))
$270,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($1,305,000))
$1,411,000
((Transportation Improvement Account--State))
Appropriation . . . . . . . . . . . . $29,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($158,000))
$181,000
Toll Facility Bond Retirement Account--State
Appropriation . . . . . . . . . . . . (($48,807,000))
$41,279,000
Toll Facility Bond Retirement Account--Federal
Appropriation . . . . . . . . . . . . (($7,500,000))
$18,283,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,015,913,000))
$1,001,748,000
Sec. 1002 2012 c 86 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 . . . . . . . . . . . . (($960,000))
$1,826,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($587,000))
$352,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($58,000))
$28,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($255,000))
$152,000
((Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $5,000))
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($23,000))
$14,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,888,000))
$2,372,000
Sec. 1003 2012 c 86 s 404 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account--State Appropriation for motor
vehicle fuel tax distributions to cities and
counties . . . . . . . . . . . . (($470,701,000))
$465,681,000
Sec. 1004 2012 c 86 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 . . . . . . . . . . . . (($1,227,005,000))
$1,213,253,000
Sec. 1005 2012 c 86 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 . . . . . . . . . . . . (($151,870,000))
$147,557,000
Sec. 1006 2012 c 86 s 407 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- ADMINISTRATIVE TRANSFERS
(1) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . (($45,500,000))
$39,000,000
(2) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,150,000
(3) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $3,000,000
(4) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . (($42,000,000))
$39,000,000
(5) ((Highway Safety Account--State Appropriation:)) Advanced Right-of-Way Revolving Fund: For
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $23,000,000
(6)
transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(((7))) (6) Rural Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $3,000,000
(((8))) (7) Motor Vehicle Account--State
Appropriation: For transfer to the State Patrol
Highway Account--State . . . . . . . . . . . . (($16,000,000))
$18,000,000
(((9))) (8) State Route Number 520 Corridor
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State . . . . . . . . . . . . $58,000
(((10))) (9) Motor Vehicle Account--State
Appropriation: For transfer to the Special Category C
Account--State . . . . . . . . . . . . $2,500,000
(((11))) (10) Regional Mobility Grant Program
Account--State Appropriation: For transfer to the
Multimodal Transportation Account--State . . . . . . . . . . . . $1,000,000
(((12))) (11) State Patrol Highway Account--State
Appropriation: For transfer to the Vehicle
Licensing Fraud Account--State . . . . . . . . . . . . $100,000
(((13))) (12) Capital Vessel Replacement Account--State
Appropriation: For transfer to the Transportation 2003
Account (Nickel Account)--State . . . . . . . . . . . . (($6,367,000))
$6,221,000
(((14))) (13) Multimodal Transportation Account--State
Appropriation: For transfer to the Public Transportation
Grant Program Account--State for the purposes of
distributions of $3,000,000 on each of the last
working days of December, March, and June in fiscal
year 2013 . . . . . . . . . . . . $9,000,000
(14) The transfers identified in this section are subject to the
following conditions and limitations:
(a) The transfer in subsection (((9))) (8) of this section
represents the repayment of an amount equal to subprogram B5
expenditures that occurred in the motor vehicle account in the
2009-2011 fiscal biennium.
(b) The amount transferred in subsection (2) of this section shall
not exceed the expenditures incurred from the motor vehicle account--state for the recreational vehicle sanitary disposal systems program.
NEW SECTION. Sec. 1101 The appropriations to the department of
transportation in chapter 86, Laws of 2012 and this act must be
expended for the programs and in the amounts specified in this act.
However, after May 1, 2013, unless specifically prohibited, the
department may transfer state appropriations for the 2011-2013 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.
NEW SECTION. Sec. 1102 The following acts or parts of acts are
each repealed:
(1) 2012 c 86 s 701 (uncodified);
(2) 2012 c 86 s 702 (uncodified);
(3) 2012 c 86 s 703 (uncodified);
(4) 2012 c 86 s 704 (uncodified);
(5) 2012 c 86 s 705 (uncodified);
(6) 2012 c 86 s 706 (uncodified);
(7) 2012 c 86 s 707 (uncodified);
(8) 2012 c 86 s 708 (uncodified);
(9) 2012 c 86 s 709 (uncodified);
(10) 2012 c 86 s 710 (uncodified);
(11) 2012 c 86 s 711 (uncodified);
(12) 2012 c 86 s 712 (uncodified);
(13) 2012 c 86 s 713 (uncodified);
(14) 2012 c 86 s 714 (uncodified);
(15) 2012 c 86 s 715 (uncodified); and
(16) 2012 c 86 s 716 (uncodified).
NEW SECTION. Sec. 1201 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. 1202 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.