S-2188               _______________________________________________

                                                   SENATE BILL NO. 6077

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Patterson

Read first time 2/28/89 and referred to Committee on  Transportation.

AN ACT Relating to powers of public transportation benefit areas; and amending RCW 36.57A.090.

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

        Sec. 1.  Section 19, chapter 270, Laws of 1975 1st ex. sess. as last amended by section 4, chapter 25, Laws of 1981 and RCW 36.57A.090 are each amended to read as follows:

          A public transportation benefit area authority shall have the following powers in addition to the general powers granted by this chapter:

          (1) To prepare, adopt, and carry out a general comprehensive plan for public transportation service which will best serve the residents of the public transportation benefit area and to amend said plan from time to time to meet changed conditions and requirements.

          (2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of transportation facilities and properties within or without the public transportation benefit area or the state, including systems of surface, underground, or overhead railways, tramways, buses, or any other means of local transportation except taxis, and including escalators, moving sidewalks, or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger and vehicular access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such systems and facilities.  Public transportation facilities and properties which are owned by any city may be acquired or used by the public transportation benefit area authority only with the consent of the city council of the city owning such facilities.  Cities are hereby authorized to convey or lease such facilities to a public transportation benefit area authority or to contract for their joint use on such terms as may be fixed by agreement between the city council of such city and the public transportation benefit area authority, without submitting the matter to the voters of such city.

          The facilities and properties of a public transportation benefit area system whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings which are required by RCW 35.58.273, as now or hereafter amended, for mass transit facilities operating on a separate right of way.

          (3) To contract with any city or county within the boundaries of the public transportation benefit area for the improvement and maintenance of the rights of way of public streets, roads, or highways within any such city or county and upon which the vehicles of the public transportation benefit area operate or will operate.  Payments made by the public transportation benefit area under any such contract may be made from taxes levied and collected under authority of this chapter and RCW 35.95.040 and 82.14.045.

(4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service.  Fares or charges may be adjusted or eliminated for any distinguishable class of users including, but not limited to, senior citizens, handicapped persons, and students.

          In the event any person holding a certificate of public convenience and necessity from the Washington utilities and transportation commission under RCW 81.68.040 has operated under such certificate for a continuous period of one year prior to the date of certification and is offering service within the public transportation benefit area on the date of the certification by the county canvassing board that a majority of votes cast authorize a tax to be levied and collected by the public transportation benefit area authority, such authority may by purchase or condemnation acquire at the fair market value, from the person holding the existing certificate for providing the services, that portion of the operating authority and equipment representing the services within the area of public operation.  The person holding such existing certificate may require the public transportation benefit area authority to initiate such purchase of those assets of such person, existing as of the date of the county canvassing board certification, within sixty days after the date of such certification.