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FORTY-FOURTH DAY
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MORNING SESSION
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Senate Chamber, Olympia, Tuesday, February 26, 2002
The Senate was called to order at 10:00 a.m. by President Pro Tempore Franklin. The Secretary called the roll and announced to the President Pro Tempore that all Senators were present.
The Sergeant at Arms Color Guard, consisting of Pages Alice Despopoulos and Bradley Ecklund, presented the Colors. Reverend Don Shipley, pastor of the First United Methodist Church in Olympia, offered the prayer.
MOTION
On motion of Senator Betti Sheldon, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
February 25, 2002
SHB 2060 Prime Sponsor, House Committee on Finance: Providing funds for housing projects. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senator Benton.
Referred to Committee on Ways and Means.
February 21, 2002
SHB 2160 Prime Sponsor, House Committee on Financial Institutions and Insurance: Regulating charitable gift annuity businesses. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass as amended. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Franklin, Gardner, Rasmussen, Regala and Winsley.
Passed to Committee on Rules for second reading.
February 25, 2002
HB 2284 Prime Sponsor, Representative Fisher: Disqualifying commercial drivers for grade crossing violations. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, Oke and Shin.
Passed to Committee on Rules for second reading.
February 25, 2002
HB 2285 Prime Sponsor, Representative Fisher: Modifying fuel tax provisions. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Jacobsen, Johnson, Keiser, McAuliffe, Oke and Shin.
Passed to Committee on Rules for second reading.
February 25, 2002
HB 2286 Prime Sponsor, Representative Fisher: Correcting language regarding certificates of ownership for stolen vehicles. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Jacobsen, Johnson, Keiser, McAuliffe, Oke and Shin.
Passed to Committee on Rules for second reading.
February 25, 2002
EHB 2288 Prime Sponsor, Representative Fisher: Facilitating perpetual management of environmental mitigation sites. Reported by Committee on Transportation
MAJORITY Recommendation: Do pass. Signed by Senators Haugen, Chair; Gardner, Vice Chair; Eide, Jacobsen, Johnson, Kastama, Keiser, McAuliffe, Oke and Shin.
Passed to Committee on Rules for second reading.
February 22, 2002
HB 2289 Prime Sponsor, Representative Linville: Regulating planting stock certification and nursery improvement programs. Reported by Committee on Agriculture and International Trade
MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Parlette, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 25, 2002
SHB 2355 Prime Sponsor, House Committee on Commerce and Labor: Modifying unemployment compensation payable to individuals who took family and medical leave. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass and be referred to Committee on Ways and Means. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.
MINORITY Recommendation: Do not pass. Signed by Senators Deccio and West.
Referred to Committee on Ways and Means.
February 25, 2002
HB 2365 Prime Sponsor, Representative Cooper: Increasing the size of the state investment board. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Benton, Fairley, Franklin, Gardner, Rasmussen and Regala.
Passed to Committee on Rules for second reading
.
February 25, 2002
HB 2397 Prime Sponsor, Representative Linville: Regulating organic food products. Reported by Committee on Agriculture and International Trade
MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Parlette, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 25, 2002
SHB 2400 Prime Sponsor, House Committee on Natural Resources: Allowing for the installation of recreational docks and mooring buoys by residential owners abutting state-owned aquatic lands. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; Poulsen, Vice Chair; Hargrove, McDonald, Morton, Oke, Snyder, Spanel and Stevens.
Passed to Committee on Rules for second reading.
February 25, 2002
HB 2435 Prime Sponsor, Representative Jackley: Setting fees for the production of duplicate fish and wildlife license documents.Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: Do pass. Signed by Senators Jacobsen, Chair; Poulsen, Vice Chair; Hargrove, McDonald, Morton, Oke, Snyder, Spanel and Stevens.
Passed to Committee on Rules for second reading.
February 22, 2002
HB 2521 Prime Sponsor, Representative Linville: Registering pesticides. Reported by Committee on Agriculture and International Trade
MAJORITY Recommendation: Do pass. Signed by Senators Rasmussen, Chair; Shin, Vice Chair; Parlette, Snyder, Spanel and Swecker.
Passed to Committee on Rules for second reading.
February 25, 2002
HB 2550 Prime Sponsor, Representative McIntire: Applying for a license or solicitation permit from the insurance commissioner. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Fairley, Franklin, Gardner, Rasmussen, Regala and Winsley.
Passed to Committee on Rules for second reading.
February 25, 2002
HB 2553 Prime Sponsor, Representative Morris: Increasing the number of eligible tribes for cigarette tax contracts. Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: Do pass. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Benton, Fairley, Franklin, Gardner, Rasmussen, Regala, West and Winsley.
Passed to Committee on Rules for second reading.
February 25, 2002
SHB 2557 Prime Sponsor, House Committee on Natural Resources: Revising provisions relating to metropolitan park districts. Reported by Committee on Natural Resources, Parks and Shorelines
MAJORITY Recommendation: Do pass as amended. Signed by Senators Jacobsen, Chair; Poulsen, Vice Chair; Hargrove, Morton, Oke, Snyder and Spanel.
Passed to Committee on Rules for second reading.
REPORT OF STANDING COMMITTEE
GUBERNATORIAL APPOINTMENT
February 25, 2002
GA 9227 MELINDA E. TRAVIS, appointed August 6, 2001, for a term ending August 2, 2003, as a member of the Lottery Commission.
Reported by Committee on Labor, Commerce and Financial Institutions
MAJORITY Recommendation: That said appointment be confirmed. Signed by Senators Prentice, Chair; Keiser, Vice Chair; Deccio, Fairley, Franklin, Gardner, Rasmussen, Regala, West and Winsley.
Passed to Committee on Rules.
MOTION
On motion of Senator Betti Sheldon, Substitute House Bill No. 2060 was referred to the Committee on Ways and Means.
MESSAGE FROM STATE OFFICE
STATE OF WASHINGTON
DEPARTMENT OF AGRICULTURE
Olympia, Washington 98504-5000
February 22, 2002
Mr. Tony Cook
Secretary of the Senate
P.O. Box 40482
Olympia, Washington 98504-0482
Re: Report to the Legislature - Pesticide Enforcement and Residue Monitoring
Dear Mr. Cook:
Enclosed is the 2001 Annual Report to the Legislature on "Pesticide investigations and residue testing as mandated by RCW 15.58.420 and RCW 17.21.350. If you have any questions, please give me a call at 902-1850.
Sincerely,
LESLIE EMERICK, Legislative and Stakeholder Coordinator
The Report from the Department of Agriculture on Pesticide Investigations and Residue Monitoring is on file in the Office of the Secretary of the Senate.
MOTION
At 10:06 a.m., on motion of Senator Betti Sheldon, the Senate was declared to be at ease.
The Senate was called to order at 11:23 a.m. by President Pro Tempore Franklin.
SECOND READING
SENATE BILL NO. 6818, by Senators Fairley and Zarelli
Concerning the issuance of state general obligation bonds.
The bill was read the second time.
MOTION
On motion of Senator Zarelli, the rules were suspended, Senate Bill No. 6818 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 6818.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 6818 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 1; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Morton, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 48.
Voting nay: Senator Eide - 1.
SENATE BILL NO. 6818, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
SENATE BILL NO. 6396, by Senators Fairley and Zarelli (by request of Governor Locke)
Adopting a supplemental capital budget.
MOTION
On motion of Senator Fairley, Senate Bill No. 6396 was not substituted.
The bill was read the second time.
MOTION
Senator Fairley moved that the following striking amendment by Senators Fairley and Zarelli be adopted:
Strike everything after the enacting clause and insert the following:
"PART 1
SUPPLEMENTAL CAPITAL BUDGET
NEW SECTION. Sec. 101. A supplemental capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts herein specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period ending June 30, 2003, out of the several funds specified in this act.
Sec. 102. 2001 2nd sp.s. c 8 s 117 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Housing Assistance, Weatherization, and Affordable Housing (02-4-010)
The appropriations in this section are subject to the following conditions and limitations:
(1) At least $9,000,000 of the new appropriation from the state taxable building construction account is provided solely for weatherization administered through the energy matchmakers program.
(2) $5,000,000 of the new appropriation from the state taxable building construction account is provided solely to promote development of safe and affordable housing units for persons eligible for services from the division of developmental disabilities within the department of social and health services.
(3) $2,000,000 of the appropriation from the state taxable building construction account is provided solely for grants to nonprofit organizations and public housing authorities for revolving loan, self-help housing programs for low and moderate income families.
(4) $1,000,000 of the new appropriation from the state taxable building construction account is provided solely for shelters, transitional housing, or other housing facilities for victims of domestic violence.
(5) Reappropriations in this section shall not be included in the annual funds available for determining the administrative costs authorized under RCW 43.185.050.
Appropriation:
State Taxable Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 60,000,000
Washington Housing Trust Account. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,000,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 65,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 200,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 265,000,000
Sec. 103. 2001 2nd sp.s. c 8 s 118 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Burke Museum ((Governance and Siting)) Expansion Study (00-2-012)
The reappropriation in this section is subject to the following conditions and limitations:
(1) Funds are provided for a study of the ((governance of the Burke museum and for an examination of the)) potential expansion of the museum facility including siting issues. The study shall be facilitated by the department in consultation with the University of Washington((, the department of community, trade, and economic development's tourism and economic development units, the executive director of the Washington state historical society, the city of Seattle, King county, and members of the community and businesses from various geographic regions of the state)) and other interested public agencies and community groups. The department shall provide a report to the legislature by June 30, ((2002)) 2003, outlining ((funding)) strategies for an expanded state natural history museum that recognizes ((the)) limited state resources ((for capital facilities programmatic enhancements, and outlines)) and alternative funding resources and partners.
(2) A maximum of $150,000 from the appropriation in this section may be used for the preservation, storage, and presentation of museum collections or for matching other funding sources for the preservation, storage, and presentation of museum collections.
(3) The reappropriation in this section is subject to the conditions and limitations of section 906(2)(b) of this act.
Reappropriation:
University of Washington Building
Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 350,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 350,000
NEW SECTION. Sec. 104. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, and ECONOMIC DEVELOPMENT
Community Economic Revitalization (CERB)(03-4-001)
The appropriation in this section is subject to the following conditions and limitations: The appropriation from the public facility construction loan revolving account shall be used solely to provide loans to eligible local governments and grants to the extent permissible by law. The department shall ensure that all principal and interest payments from loans made on moneys from this account are paid into this account.
Appropriation:
Public Facility Construction Loan Revolving
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,656,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,656,000
Sec. 105. 2001 2nd sp.s. c 8 s 147 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Budget System Improvements (02-1-004)
The appropriation in this section is subject to the following conditions and limitations:
Funds are provided solely for the following studies and activities:
(1) Budget evaluation study team reviews of project proposals;
(2) The compilation of benchmarking data and the development of standards for construction costs;
(3) Contracts associated with a higher education facility financial responsibility study to be conducted in conjunction with the higher education coordinating board and the state board for community and technical colleges that shall provide guidelines for project cost sharing between state and federal funds, institutional funds, student fees and charges, and private donations; and
(4) Other studies and system improvements planned in consultation with the house capital budget committee and the senate committee on ways and means.
(5) $125,000 of the appropriation in this section is provided solely to support the office of financial management's reporting requirements under RCW 43.88.160 and 43.82.150.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((200,000))
325,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,200,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,400,000))
1,525,000
NEW SECTION. Sec. 106. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Deschutes Parkway Repair (2002-S-009)
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 850,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 850,000
NEW SECTION. Sec. 107. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Capitol Campus Parking (03-2-001)
The appropriation in this section is subject to the following condition and limitation: The department shall designate parking spaces on the west capitol campus, except for public parking, as leased parking per WAC 236-12-290(1)(b)(ii).
Appropriation:
State Vehicle Parking Account--State. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 531,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 531,000
NEW SECTION. Sec. 108. FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Engineering and Architectural Services - Job Creation and Infrastructure Projects (03-1-001)
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 750,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 750,000
Sec. 109. 2001 2nd sp.s. c 8 s 183 (uncodified) is amended to read as follows:
FOR THE MILITARY DEPARTMENT
Bremerton Readiness Center (02-2-004)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the conditions and limitations of sections 902 and 903 of this act.
(2) No money shall be committed or expended from the state building construction account until the general fund--federal construction funds are received and allotted in accordance with section 903 of this act.
(3) In addition to the annual project progress reporting requirement of RCW 43.88.160(3), the department will file quarterly project progress reports with the office of financial management. These reports will contain local, state, and federal funding reconciliations and balance sheets for this project and will detail any federal intentions on future readiness center projects.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,446,000
State Building Construction
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,728,000))
6,377,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,174,000))
11,823,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((11,174,000))
12,823,000
NEW SECTION. Sec. 110. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - Power Plant Revisions and Smokestack Removal (03-1-012)
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,080,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,080,000
Sec. 111. 2001 2nd sp.s. c 8 s 257 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Expand Coyote Ridge Corrections Center (98-2-011)
The appropriation in this section is subject to the following conditions and limitations: To the extent that funding for the design of the expansion at Coyote Ridge corrections center is not necessary as a result of sentencing legislation passed during the 2002 legislative session, the department may expend up to $264,000 on the predesign for the potential renovation or expansion of existing facilities to accommodate inmate population growth in higher custody levels.
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 447,348
Appropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,150,000))
1,414,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 802,069
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((227,763,000))
227,499,348
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 230,162,417
Sec. 112. 2001 2nd sp.s. c 8 s 270 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Monroe Corrections Center - 100 Bed Intensive Management and Segregation Units (00-2-008)
The appropriations in this section are subject to the conditions and limitations of sections 902 and 903 of this act.
Reappropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,665
Appropriation:
General Fund--Federa. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((18,162,205))
11,933,692
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,521,795))
8,750,308
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,684,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 149,335
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,727,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 38,601,000
Sec. 113. 2001 2nd sp.s. c 8 s 278 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Statewide: Department of Corrections Emergency Funds (02-1-028)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,700,000))
2,120,000
State Building Construction Account–State. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 430,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 901,000
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,800,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,401,000))
11,251,000
NEW SECTION. Sec. 114. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Coyote Ridge Corrections Center - 210 Emergency Beds (03-2-002)
The appropriation in this section is subject to the conditions and limitations of sections 902 and 903 of this act.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,394,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,394,000
NEW SECTION. Sec. 115. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
McNeil Island Corrections Center (MICC): Water Tank Replacement (03-1-022)
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,394,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,394,000
NEW SECTION. Sec. 116. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
McNeil Island Corrections Center (MICC): Fire Audit Requirements (03-2-001)
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 140,500
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 140,500
Sec. 117. 2001 2nd sp.s. c 8 s 303 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Local Toxics Grants to Locals for Cleanup and Prevention (88-2-008)
The appropriations in this section are subject to the following conditions and limitations:
(1) The reappropriation in this section is provided solely for projects under contract on or before June 30, 2001. Reappropriated funds not associated with contracted projects shall lapse on June 30, 2001. The office of financial management may grant waivers from this lapse requirement for specific projects upon findings of exceptional circumstances after notification of the chairs of the house of representatives capital budget committee and senate ways and means committee.
(2) The department shall submit a report to the office of financial management and house of representatives capital budget committee and senate ways and means committee by December 1, 2001, listing all projects funded from this section.
(3) The department of ecology shall offer the port of Ridgefield a funding package totaling $8,400,000 to conduct an emergency cleanup action on port-owned property. A portion of the appropriation in this section shall be combined with funds from the appropriation to the department from the state toxics control account in the omnibus operating budget for the 2001-2003 biennium to provide a funding package consisting of sixty-five percent grant and thirty-five percent loan. The terms of the loan shall provide for repayment by the port of Ridgefield commencing ten years from the effective date of this section and is contingent upon an independent financial audit conducted at the direction of the department to determine the port's ability to repay the loan. It is the intent of the legislature to support necessary action by the port of Ridgefield to protect public health and the environment without jeopardizing the port's financial standing.
Reappropriation:
Local Toxics Control Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,749,772
Appropriation:
Local Toxics Control Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,000,000))
68,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 84,103,008
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((154,852,780))
173,352,780
Sec. 118. 2001 2nd sp.s. c 8 s 311 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Account (02-4-002)
Appropriation:
Water Pollution Control Revolving Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((113,835,792))
157,135,792
Water Pollution Control Revolving Account--
Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 45,277,010
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((159,112,802))
202,412,802
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 467,108,040
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((626,220,842))
669,520,842
Sec. 119. 2001 2nd sp.s. c 8 s 313 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Referendum 38 Water Supply Facilities (02-4-006)
The appropriation in this section is subject to the following conditions and limitations:
(1) $250,000 of the appropriation is provided solely to study the development of the Lake Wenatchee water storage project.
(2) $300,000 of the appropriation is provided solely to the department of ecology to develop a plan for restoration of stream flow and fish passage in Manastash creek, Kittitas county, through the conversion of surface water irrigation diversions to ground water withdrawals. If the plan determines that conversion of withdrawals from surface water to ground water would restore instream flow and provide benefits for fish, the department shall expedite processing of water right change applications to accomplish this conversion.
Appropriation:
State and Local Improvements Revolving
Account (Water Supply Facilities)--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,000,000
Sec. 120. 2001 2nd sp.s. c 8 s 315 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Fund (02-4-007)
The appropriation in this section is subject to the following conditions and limitations:
(1) Up to $15,097,000 of the water quality account appropriation is provided for the extended grant payment to Metro/King county.
(2) Up to $10,000,000 of the water quality account appropriation is provided for the extended grant payment to Spokane for the Spokane-Rathdrum Prairie aquifer.
(3) $2,000,000 of the water quality account--state appropriation is provided for water quality facility grants for communities with a population of less than 5,000. The department shall give priority consideration to: (a) Communities subject to a regulatory order from the department of ecology for noncompliance with water quality regulations; (b) projects for which design work has been completed; and (c) projects with a local match from reasonable water quality rates and charges.
(4) $250,000 is provided solely for a water reclamation project for the city of Pullman and Washington State University; the appropriation in this subsection (4) does not imply a commitment of future funding for this project to either the city of Pullman or Washington State University.
(5) The remaining appropriation in this section is provided for statewide water quality implementation and planning grants and loans. The department shall give priority consideration to projects located in basins with critical or depressed salmonid stocks.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,525,000
Water Quality Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,000,000))
40,475,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 208,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 258,000,000
Sec. 121. 2001 2nd sp.s. c 8 s 344 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Boating Facilities Projects (02-4-001)
Appropriation:
((Recreation Resources Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,318,013))
State Building Construction
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,934,013
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40,300,368
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((48,618,381))
47,234,381
Sec. 122. 2001 2nd sp.s. c 8 s 346 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Nonhighway Road and Off-Road Vehicle Activities (NOVA) (02-4-002)
(1) The appropriation in this section for the nonhighway and off-road vehicle program under RCW 46.09.170(1)(d)(i) is subject to the following conditions and limitations: ((Fifty percent)) A portion of the new appropriation ((is provided solely)) may be used for grants to projects to research, develop, publish, and distribute informational guides and maps of nonhighway and off-road vehicle trails and associated facilities meeting the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act.
(2) The appropriation in this section for the nonhighway and off-road vehicle program under RCW 46.09.170(1)(d)(ii) is subject to the following conditions and limitations: The portion of the new appropriation that applies to grants for capital facilities ((is provided solely)) may be used for grants to projects that meet the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act and do not compromise or impair sensitive natural resources. The portion of the new appropriation that applies to grants for management, maintenance, and operation of existing off-road vehicle recreation facilities may be used to bring the facilities into compliance with the requirements, guidelines, spirit, and intent of the federal Americans with disabilities act.
(3) The appropriation in this section for the nonhighway and off-road vehicle program under RCW 46.09.170(1)(d)(iii) is subject to the following conditions and limitations: (a) $175,000 is provided solely for the interagency committee for outdoor recreation to contract with an independent entity to study the source and make recommendations on the distribution and use of funds provided to off-road vehicle and nonhighway road recreational activities under RCW 46.09.170. The study shall determine the relative portion of the motor vehicle fuel tax revenues that are attributable to vehicles operating off-road or on nonhighway roads for recreational purposes as provided in RCW 46.09.170. The study shall include the types of vehicles and location of their use, the types of recreational activities, the types of recreational facilities used, and the recreational use of forest roads relative to other, nonrecreational uses. The interagency committee for outdoor recreation shall review the analysis and submit a report to the standing committees of the legislature, including recommendations regarding amendments to RCW 46.09.170 to: (((a))) (i) Allocate revenues consistent with the relative proportion of the uses generating such revenues, and (((b))) (ii) ensure funding for existing off-road vehicle facilities operated by the state parks and recreation commission and local governments. The report shall be submitted no later than December 1, 2002. (b) Funds may be expended for nonhighway road recreation facilities which may include recreational trails that are accessed by nonhighway roads and are intended solely for nonmotorized recreational uses.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,095,000
NOVA Program Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,432,551
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,527,551
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 23,559,218
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 29,086,769
Sec. 123. 2001 2nd sp.s. c 8 s 348 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Washington Wildlife and Recreation Program (02-4-003)
The appropriation in this section for the wildlife and recreation program under chapter 43.99A RCW and RCW 43.99A.040 is subject to the following conditions and limitations:
(1) The new appropriation is provided for the approved list of projects included in LEAP capital document No. 2001-24, as developed on June 7, 2001, and LEAP capital document No. 2002-21, as developed on February 20, 2002.
(2) The department of natural resources shall manage lands acquired through project No. 00-1427 "North Bay NAP" as a natural resources conservation area under chapter 79.71 RCW.
Appropriation:
Outdoor Recreation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,500,000
Habitat Conservation Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,500,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 45,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 180,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 225,000,000
Sec. 124. 2001 2nd sp.s. c 8 s 350 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Land and Water Conservation Fund (LWCF) (02-4-005)
The appropriation in this section is subject to the following conditions and limitations:
(1) $1,500,000 of the recreation resources account--federal is appropriated for projects chosen by the interagency committee for outdoor recreation.
(2) By January 1, 2002, the interagency committee for outdoor recreation shall provide a report to the legislature that:
(a) Describes those projects funded subject to subsection (1) of this section; and
(b) Recommends legislation creating a competitive process for the selection of projects that will result in a list of projects to be submitted to the legislature for its approval.
Appropriation:
Recreation Resources Account--Federal. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,500,000))
7,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,500,000))
7,500,000
Sec. 125. 2001 2nd sp.s. c 8 s 354 (uncodified) is amended to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Salmon Recovery (02-4-007)
The appropriation in this section is subject to the following conditions and limitations:
(1) Activities funded through grants provided in this section shall be consistent with the salmon recovery funding board's goals, mission, and responsibilities.
(2) Jobs for the environment projects submitted by lead entities are eligible to receive funding, including wages for jobs for the environment participants.
(3) The water quality account appropriation is provided solely to fund grants to lead entities established under chapter 77.85 RCW or watershed planning units established under chapter 90.82 RCW that agree to coordinate the development of comprehensive local and regional salmon recovery plans.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((27,642,000))
48,642,000
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((28,000,000))
27,000,000
Water Quality Account--State. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((55,642,000))
76,642,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 264,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((318,189,000))
340,642,000
NEW SECTION. Sec. 126. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Firearms and Archery Range (FARR) Program (02-0-001)
Appropriation:
Firearms Range Account--State. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 400,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 400,000
NEW SECTION. Sec. 127. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
Maury Island Community Facility Development (02-S-001)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for a grant to King county to develop and construct community facilities on Maury Island. The appropriation is contingent upon the county receiving matching funds greater than one hundred percent of the appropriation from each of federal government, local government, and private sources. If matching funds are not received by January 15, 2003, the appropriation in this section shall lapse.
Appropriation:
State Building Construction
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Sec. 128. 2001 2nd sp.s. c 8 s 387 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hatchery Reform Facility Retrofits (02-1-001)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((10,000,000))
2,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 60,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((70,000,000))
62,000,000
NEW SECTION. Sec. 129. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Deep Water Slough Restoration (98-2-021)
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 155,800
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 407,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 562,800
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 562,800
Sec. 130. 2001 2nd sp.s. c 8 s 388 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Forest and Fish Road Upgrade and Abandonment on Agency Lands (02-1-003)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,900,000))
200,000
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,400,000))
700,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 11,600,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((14,000,000))
12,300,000
Sec. 131. 2001 2nd sp.s. c 8 s 390 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Facility and Infrastructure Standards and Renovations (02-1-009)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
(2) $305,000 of the appropriation in this section shall be used to replace or renovate the caretaker residence and construct pheasant rearing pens at the Lewis county game farm.
(3) The department shall expend ((the)) $300,000 ((wildlife)) of the state building construction account--state appropriation to construct a capture and acclimation pond at Grandy Creek.
(4) $871,000 of the state building construction account--state appropriation is provided solely for renovation and reconstruction of the Samish hatchery.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,100,000))
700,000
General Fund--Private/Local. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((1,500,000))
350,000
((Aquatic Lands Enhancement Account--State. . . . . . . .. . . . . . . . . . . . . . . .$ 150,000))
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,571,000))
8,021,000
((Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 300,000))
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,621,000))
9,071,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 46,420,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((58,741,000))
55,491,000
Sec. 132. 2001 2nd sp.s. c 8 s 392 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Endangered Species Act Compliance on Agency Lands (02-2-002)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((8,800,000))
4,300,000
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,800,000))
5,300,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 39,200,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((49,000,000))
44,500,000
Sec. 133. 2001 2nd sp.s. c 8 s 394 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Commercial and Recreational Customer Satisfaction Improvements (02-2-006)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
((Warm Water Game Fish Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 560,000
Wildlife Account--State. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 500,000
Subtotal Appropriation))
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,060,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,700,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,760,000
Sec. 134. 2001 2nd sp.s. c 8 s 396 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Watchable Fish and Wildlife and Recreation Sites (02-2-007)
The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
Appropriation:
((Wildlife)) State Building Construction
Account--State. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,628,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,628,000
Sec. 135. 2001 2nd sp.s. c 8 s 397 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Partnership Improvements with Internal and External Customers (02-2-008)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
(2) Expenditures of the appropriation in this section for fencing shall comply with chapter 16.60 RCW.
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
General Fund--Private/Local. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
((Aquatic Lands Enhancement Account
--State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 150,000))
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((400,000))
550,000
Game Special Wildlife Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,000
Game Special Wildlife Account--Federal. . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,725,400
Game Special Wildlife Account--
Private/Local. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 50,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 10,375,400
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 46,824,700
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 57,200,100
Sec. 136. 2001 2nd sp.s. c 8 s 416 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Land Bank (02-2-013)
Appropriation:
Resources Management Cost Account--State. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,000,000))
10,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((22,000,000))
28,000,000
Sec. 137. 2001 2nd sp.s. c 8 s 420 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Marine Station Public Access (02-2-019)
Appropriation:
((Aquatic Lands Enhancement)) State
Building Construction Account--State. . .. . . . . . . . . . . . . . . . .$ 175,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,175,000
Sec. 138. 2001 2nd sp.s. c 8 s 425 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF NATURAL RESOURCES
Aquatic Lands Enhancement Grants (02-4-018)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided for a list of projects in LEAP capital document No. 2001-44, as developed on June 7, 2001.
(2) The department shall submit a list of recommended projects to be funded from the aquatic lands enhancement account in the 2003-2005 capital budget. The list shall result from a competitive grants program developed by the department based upon, at a minimum: A uniform criteria for the selection of projects and awarding of grants for up to fifty percent of the total project cost; local community support for the project; and a statewide geographic distribution of projects. The list of projects shall be submitted to the office of financial management by September 15, 2002.
Appropriation:
((Aquatic Lands Enhancement)) State
Building Construction Account--State. . .. . . . . . . . . . . . . . . . .$ 5,565,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 22,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 27,565,000
Sec. 139. 2001 2nd sp.s. c 8 s 505 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
Spokane Crime Laboratory - Design (02-2-013)Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((400,000))
635,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,950,000))
7,715,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 8,350,000
Sec. 140. 2001 2nd sp.s. c 8 s 506 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL
Vancouver Crime Laboratory - Predesign (02-2-010)Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((130,000))
365,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((7,400,000))
7,165,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,530,000
Sec. 141. 2001 2nd sp.s. c 8 s 602 (uncodified) is amended to read as follows:
FOR THE STATE BOARD OF EDUCATION
State School Construction Assistance Grants (02-4-001) (03-4-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) $200,000 from this appropriation is provided to fund up to two FTEs in the office of state fire marshal to exclusively review K-12 construction documents, provide on-site construction inspections, and final acceptance inspections for fire and life safety in accordance with the state building code. It is the intent of this appropriation to provide these services only to those districts that are located in counties without qualified review and inspection capabilities and that request such services.
(2) Of the fiscal year 2002 appropriation, $80,000 is provided solely for skills centers study and survey.
(3) For state assistance grants starting July 1, 2001, for purposes of calculating square foot eligibility, kindergarten student headcount shall not be reduced by fifty percent.
(4) $5,400,000 from this appropriation is provided for skills centers capital improvements. Skills centers shall submit a budget plan to the state board of education and the appropriate fiscal committees of the legislature for proposed expenditures and the proposed expenditures shall conform with state board of education rules and procedures for reimbursement of capital items. Funds not expended by June 30, 2003, shall lapse.
(5)(((a) $30,530,000 of this appropriation is provided solely to enhance the state contribution as follows:
(i) For the state board to increase the eligible square feet allocation by 1.5 square feet for grades 1-12; and
(ii) For the state board to increase the area cost allowance by $8 per square foot for grades K-12.
(b) If chapter . . . (House Bill No. 2173), Laws of 2001 2nd sp. sess. is not enacted by June 30, 2001, both the appropriation and the state board's authority to increase the eligible square feet and area cost allowance in this subsection (5) shall lapse)) Prior to issuance of superintendent of public instruction form D4 (project approval for districts) to a school district, the regional coordinators must validate the study and survey information related to building conditions and enrollment projections submitted by the school district requesting state matching funds no later than thirty working days after receipt of the study and survey. The validation process must include an on-site evaluation.
(6) The reappropriation in this section is provided solely for school construction projects that have received superintendent of public instruction form D10 (grant of authority to enter into contracts) on or before June 30, 2002. Reappropriated funds not associated with these projects lapse June 30, 2002.
Reappropriation:
Common School Construction
Account--State (FY 2002) (02-4-001). . .. . . . . . . . . . . . . . . . .$ 100,677,925
Appropriation:
Common School Construction
Account--State (FY 2002) (02-4-001). . .. . . . . . . . . . . . . . . . .$ ((212,040,308))
12,560,167
Common School Construction
Account--State (FY 2003) (03-4-001). . .. . . . . . . . . . . . . . . . .$ ((226,846,421))
231,683,987
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,831,522,031
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((2,269,909,260))
2,176,444,110
NEW SECTION. Sec. 142. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR EASTERN WASHINGTON UNIVERSITY
Infrastructure Savings (03-1-001)
Projects that are completed in accordance with section 915 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1
Sec. 143. 2001 2nd sp.s. c 8 s 624 (uncodified) is amended to read as follows:
FOR THE UNIVERSITY OF WASHINGTON
UW Bothell 2A/Cascadia Community College (00-2-015)
The reappropriation in this section is subject to the conditions and limitations under sections 902 through 904 of this act. No money from this reappropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
Reappropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((29,123,099))
8,666,030
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((20,976,901))
38,183,970
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,100,000))
46,850,000
Sec. 144. 2001 2nd sp.s. c 8 s 661 (uncodified) is amended to read as follows:
FOR WASHINGTON STATE UNIVERSITY
WSU Vancouver - Multimedia/Electronic Communication Classroom Building: (02-2-907)
The appropriation in this section is subject to the conditions and limitations of sections 902 through 904 of this act. No money from the appropriation may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((12,900,000
Washington State University Building Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .$)) 15,900,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 600,000
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,500,000
Sec. 145. 2001 2nd sp.s. c 8 s 701 (uncodified) is amended to read as follows:
Omnibus - Program (02-2-002)
(1) The appropriation in this section is subject to the conditions and limitations of sections 905 and 906 of this act.
(2) $350,000 of this appropriation is provided for interior classroom improvements within the Olympic south building of Pierce College at Fort Steilacoom.
Appropriation:
Central Washington University Capital Projects
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,750,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 12,559,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,309,000
Sec. 146. 2001 2nd sp.s. c 8 s 755 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Columbia Basin College - Electrical Substation (((99-H-004))) (99-1-004)
Reappropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 770,134
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 229,866
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Sec. 147. 2001 2nd sp.s. c 8 s 784 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Cascadia Community College: Development (00-2-501)
The reappropriation in this section is subject to the review and allotment procedures under sections 902 through 904, and 906 of this act. No money may be expended that would be inconsistent with the recommendations of the higher education coordinating board and the project design, scope, and schedule approved by the office of financial management.
Reappropriation:
State Building Construction Account--
State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((26,581,595))
7,904,031
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((23,518,405))
38,945,969
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((50,100,000))
46,850,000
Sec. 148. 2001 2nd sp.s. c 8 s 799 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Seattle Community College - Building A: Replacement (02-1-217)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,477,400
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5,477,400
Sec. 149. 2001 2nd sp.s. c 8 s 803 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Pierce College Fort Steilacoom - Portables: Replacement (02-1-223)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,452,100
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,452,100
Sec. 150. 2001 2nd sp.s. c 8 s 804 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Lower Columbia College - Physical Science Portables: Replacement (02-1-226)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,959,800
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,959,800
Sec. 151. 2001 2nd sp.s. c 8 s 813 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Grays Harbor Community College - Library: Renovation (02-1-311)
The appropriation in this section is subject to the review and allotment procedures under sections 902 and 903 of this act.
Appropriation:
((Community and Technical College Capital Projects
Account--State)) State Building
Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,579,500
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,579,500
Sec. 152. 2001 2nd sp.s. c 8 s 824 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Technology Institute Partner College Computer Labs (((01-S-003))) (01-2-689)
The appropriation in this section is provided to construct and equip three computer science and language labs, an approximate size being 1,200 square feet, one at each of the following college districts: Highline, Olympic, and South Puget Sound.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,500,000
Sec. 153. 2001 2nd sp.s. c 8 s 828 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Tacoma Science Building: New Facility (((01-S-001))) (01-2-687)
The appropriation in this section is provided to conduct a predesign of the project described in this section in accordance with the predesign manual published by the office of financial management. Future appropriations for this project are subject to the submittal of completed predesign requirements on or before July 1, 2002.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,300,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,400,000
Sec. 154. 2001 2nd sp.s. c 8 s 829 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Green River Community College - Sciences Building: New Facility (((01-S-002))) (01-2-688)
The appropriation in this section is provided to conduct a predesign of the project described in this section in accordance with the predesign manual published by the office of financial management. Future appropriations for this project are subject to the submittal of completed predesign requirements on or before July 1, 2002.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,300,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,400,000
NEW SECTION. Sec. 155. A new section is added to 2001 2nd sp.s. c 8 (uncodified) to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Infrastructure Savings (03-1-001)
Projects that are completed in accordance with section 915 of this act may have their remaining funds transferred to this appropriation for other preservation projects approved by the office of financial management.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1
Sec. 156. 2001 2nd sp.s. c 8 s 907 (uncodified) is amended to read as follows:
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. 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 may be reimbursed from proceeds of the financial contract to the extent provided in the financing plan approved by the state finance committee.
The director of general administration shall ensure that the clustering of state facilities and the collocation and consolidation of state agencies take place where such configurations are economical and consistent with agency space needs. Agencies shall assist the department of general administration with facility collocation and consolidation efforts.
State agencies may enter into agreements with the department of general administration and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.
(1) Secretary of state:
(a) Enter into a financing contract in the amount of $13,582,200 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct a regional archives building in eastern Washington to be sited on the Eastern Washington University campus in Cheney.
(b) Enter into a financing contract in the amount of $653,800 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase technology equipment and software for an electronic data archive, provided that authority to expend funding for acquisition of technology equipment and software associated with the electronic data archive is conditioned on compliance with section 902 of the 2001-2003 operating budget bill (information services projects).
(2) Department of general administration:
(a) Enter into a financing contract in the amount of $3,956,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to expand the existing Isabella Bush records center in Tumwater for use by state agencies.
(b) Enter into a financing contract in the amount of $35,656,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW, to purchase two existing office buildings and associated land in Tacoma for use by the department of social and health services.
(c) Enter into a financing contract for an amount approved by the office of financial management for costs and financing expenses and required reserves pursuant to chapter 39.94 RCW to lease develop or lease purchase a state office building of 150,000 to 200,000 square feet on state-owned property in Tumwater according to the terms of the agreement with the Port of Olympia when the property was acquired or within the preferred development/leasing areas in Thurston county. The building shall be constructed and financed so that agency occupancy costs will not exceed comparable private market rental rates. The comparable general office space rate shall be calculated based on the three latest Thurston county leases of new space of at least 100,000 rentable square feet adjusted for inflation as determined by the department of general administration. The department of general administration shall coordinate with potential state agency tenants whose current lease expire near the time of occupancy so that buyout of current leases do not add to state expense. The office of financial management shall certify to the state treasurer: (i) The project description and dollar amount; and (ii) that all requirements of this subsection (2)(c) have been met.
(3) Military department:
(((a))) Enter into a financing contract in the amount of $653,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct additional space at the Spokane combined public safety training center.
(((b) Enter into a financing contract in the amount of $807,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct additional space at the Bremerton readiness center.))
(4) Department of corrections:
Enter into a financing contract in the amount of $4,588,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct a correctional industries transportation services warehouse.
(5) Department of veterans affairs:
(a) Enter into a financing contract in the amount of $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a skilled nursing home in Retsil.
(b) Enter into a financing contract in an amount not to exceed $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase a state veterans' home in eastern Washington.
(6) State parks and recreation: It is the intent of the legislature that the operating revenues of the department provide the primary source of funds necessary to meet financing contract obligations for the projects financed under this authority. In addition, state parks and recreation is authorized to pledge to make payments from appropriated funds pursuant to chapter 39.94 RCW in order to:
(a) Enter into financing contracts in the amount of $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase and install cabins and yurts statewide.
(b) Enter into a financing contract in an amount not to exceed $2,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for development of a multi-purpose dining and meeting facility at Fort Worden state park.
(c) Enter into a financing contract in an amount not to exceed $750,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for development of an expansion park at Grayland Beach state park.
(7) Community and technical colleges:
(a) Enter into a financing contract on behalf of Edmonds Community College in the amount of $4,106,300 plus financing expenses and reserves pursuant to chapter 39.94 RCW to renovate Lynnwood hall and Montlake Terrace hall.
(b) Enter into a financing contract on behalf of Edmonds Community College in the amount of $3,134,900 plus financing expenses and reserves pursuant to chapter 39.94 RCW to construct an addition to the student center building.
(c) Enter into a financing contract on behalf of Highline Community College in the amount of $15,006,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to replace the student union building.
(d) Enter into a financing contract on behalf of Lower Columbia College in the amount of $2,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for up to $2,500,000 to purchase the maple terrace apartments.
(e) Enter into a financing contract on behalf of Everett Community College in the amount of $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for remodeling of the fitness center.
(f) Enter into a financing contract on behalf of Wenatchee Valley College in the amount of $500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase two buildings and property contiguous to the college campus.
(g) Enter into a financing contract on behalf of Olympic College in the amount of $900,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for development of off-street student parking.
(h) Enter into a financing contract on behalf of Renton Technical College in the amount of $1,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the purchase of approximately ten acres within the district boundary to support a future relocation of apprenticeship programs off the main campus.
(i) Enter into a financing contract on behalf of Bellevue community college in the amount of $16,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the construction of a structured parking garage.
(8) Central Washington University: Enter into a financing contract in the amount of $5,700,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the Central Washington University/Edmonds Community College center.
(9) University of Washington:
(a) Enter into a financing contract in the amount of $7,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for renovation of Sand Point building 5.
(b) Enter into a financing contract in the amount of $5,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for renovation of Sand Point building 29.
(c) Enter into a financing contract in the amount of $1,600,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to complete the current, phased renovation of Sand Point building 5.
(10) The Evergreen State College: Enter into a financing contract in the amount of $1,610,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for expansion of the campus children's center.
Sec. 157. 2001 2nd sp.s. c 8 s 111 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Community Services Facilities Program (02-4-007)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is subject to the provisions of RCW 43.63A.125. The following projects are eligible for funding:
Projects Recommendation
YMCA of Grays Harbor, Aberdeen $300,000
Community Youth Services, Olympia $300,000
Skagit County Community Action, Concrete $300,000
Kindering Center, Bellevue $300,000
Bellevue Family YMCA, Bellevue $300,000
Refugee Women's Alliance, Seattle $300,000
YWCA of Walla Walla, Walla Walla $300,000
Pierce County Alliance (facility), Tacoma $61,000
Compass Health, Everett $300,000
Mid-City Concerns, Spokane $28,000
Children's Home Society, Vaughn $70,000
Children's Home society, Spokane $238,000
Catholic Family/Child Services, Yakima $152,000
Korean Women's Association, Tacoma $218,000
Factory Small Biz Incubator, Tacoma $300,000
Lao Highland Association of King County, Seattle $119,000
First Place, Seattle $300,000
NE Washington Rural Resources, Colville $300,000
Filipino Community Center, Seattle $200,000
Filipino Community Center, Wapato $25,000
((Subtotal $4,411,000
Alternate Projects))
Nooksack Community Aid Society, Deming $165,000
Childhaven, Seattle $149,000
((Subtotal $314,000))
Total $4,725,000
(2) $200,000 of the appropriation in this section for the Filipino Community Center in Seattle shall be matched by $200,000 in additional contributions toward the project from local government.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,411,000))
4,725,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,000,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((20,411,000))
20,725,000
Sec. 158. 2001 2nd sp.s. c 8 s 157 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF GENERAL ADMINISTRATION
Legislative Building: Rehabilitation (01-1-008)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations in this section are subject to the conditions and limitations of sections 902 and 903 of this act.
(2) The department of general administration, in consultation with the legislature, the governor, and the state capitol committee, shall immediately begin planning and initiate an accelerated design/construction schedule for the renovation of the state legislative building as follows:
(a) No new permanent buildings shall be constructed, and the department shall follow standards for historic preservation;
(b) The goal shall be to reoccupy the building in time for the 2005 legislative session;
(c) The department shall make temporary accommodations for the displacement of legislators and legislative staff in the John L. O'Brien building, the Pritchard building, the Cherberg building, and the Newhouse building, and may use modular space. Decisions on the use of space for the Pritchard building will be made by legislative leadership by July 1, 2001, to make it available for use by the legislature by April 1, 2002;
(d) The department shall temporarily move the state library from the Pritchard building by October 1, 2001, and, if needed, the department shall lease storage facilities in Thurston county for books and other library assets;
(e) The department shall make temporary accommodations for other tenants of the state legislative building as follows:
(i) The office of the insurance commissioner shall be temporarily moved to leased space in Thurston county;
(ii) The office of the governor shall be moved to the Insurance building;
(iii) The primary office of the code reviser and the lieutenant governor shall be moved to a location on the west capitol campus; and
(iv) The other tenants, including the office of the state treasurer, the office of the state auditor, and the office of the secretary of state shall be moved to leased space in Thurston county;
(f) The state legislative building shall be completely vacated by the office of the governor, the office of the secretary of state, the office of treasurer, and the office of the state auditor by November 1, 2001, and by the legislature fourteen days after the end of the 2002 legislative session to make it available for renovation by the contractor; and
(g) State contracts for the legislative building renovation, Nisqually earthquake repair, and future earthquake mitigation shall conform to all rules, regulations, and requirements of the federal emergency management agency.
(3) The state capitol committee, in conjunction with a legislative building renovation oversight committee consisting of two members from both the house of representatives and senate, each appointed by legislative leadership, shall periodically advise the department regarding the rehabilitation, the receipt and use of private funds, and other issues that may arise.
(4) The department shall report on the progress of accelerated planning, design, and relocations related to the renovation of the state legislative building to the legislature and the governor by July 15, 2001, and November 15, 2001, and shall consult with the legislature and governor on major decisions including placement of the cafeteria and exiting stairs in the legislative building by August 31, 2001.
(5) In the event of any conflicts between the conditions and limitations in this section and section 3, chapter 123, Laws of 2001, the conditions and limitations of this section shall apply.
(6) $204,000 of the capital historic district construction account appropriation is provided solely for the department of general administration to contract for fund-raising services for the solicitation of charitable gifts, grants, or donations specifically for the purpose of preservation and restoration of the state legislative building and related educational exhibits and programs. By June 30, 2004, the amount provided by this subsection shall be reinvested to the capital historic district construction account from the proceeds of the gifts, grants, and donations.
Reappropriation:
Capitol Building Construction Account--State. . . . . . . .. . . . . . . . . . . . . . . . .$ 2,000,000
Thurston County Capital Facilities
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,500,000
Subtotal Reappropriation. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,500,000
Appropriation:
Capitol Historic District Construction
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 81,681,000
Thurston County Capital Facilities
Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,300,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 82,981,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,300,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90,781,000
NEW SECTION. Sec. 159. The following acts or parts of acts are each repealed:
(1) 2001 2nd sp.s. c 8 s 184 (uncodified);
(2) 2001 2nd sp.s. c 8 s 186 (uncodified);
(3) 2001 2nd sp.s. c 8 s 187 (uncodified); and
(4) 2001 2nd sp.s. c 8 s 421 (uncodified).
PART 2
JOB CREATION AND INFRASTRUCTURE PROGRAM
NEW SECTION. Sec. 201. The governor and legislature find that the state of Washington is faced with a serious economic downturn following the tragic events of September 11, 2001, and that creating jobs through capital construction will help stabilize and strengthen the state's long-term economy. The dollar amounts specified in this Part 2 are appropriated and authorized to be incurred for capital projects during the period ending June 30, 2003, for the purposes of stimulating the state economy through state construction projects. Except where otherwise stated, the appropriations for the job creation and infrastructure program shall be expended for direct costs of those projects.
NEW SECTION. Sec. 202. FOR THE MILITARY DEPARTMENT
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations: The following projects are eligible for funding:
Projects Amount
Port Orchard readiness center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 785,000
Anacortes readiness center. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 825,000
Ephrata readiness center. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 390,000
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,000,000
NEW SECTION. Sec. 203. FOR THE WASHINGTON STATE PATROL
Job Creation and Infrastructure Projects (03-1-001)
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 250,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 250,000
NEW SECTION. Sec. 204. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
The appropriation in this section is provided solely to fund the second phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river. The department shall not expend the appropriation in this section unless an agreement on ocean disposal sites has been reached that protects the state's commercial crab fishery. The amount in this section shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,500,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,500,000
NEW SECTION. Sec. 205. FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM I--CAPITAL
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for reconstruction of a bridge at Skobob creek on highway 106 in Mason county and shall be matched by funds provided by the Hood Canal salmon enhancement group. The project is subject to review and approval by the department, but the Hood Canal salmon enhancement group shall manage the project.
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
NEW SECTION. Sec. 206. FOR THE DEPARTMENT OF CORRECTIONS
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations: The following projects are eligible for funding:
Projects Amount
Washington state penitentiary roof repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 426,150
McNeil Island ferry slip repairs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 165,000
Reynolds work release fire repairs. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 56,000
Tacoma prerelease roof repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90,000
Clallam Bay exterior improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 334,500
McNeil Island roof repairs. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 90,699
Pine Lodge prerelease improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 192,500
Monroe corrections center improvements. . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 56,000
Ahtanum View exterior improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 193,760
Airway Heights exterior improvements. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 80,000
Washington corrections center roof repairs. .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,071,870
Olympic energy plant improvements. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ 179,000
McNeil Island roof repairs. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 146,700
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,082,179
Appropriation:
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,082,179
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,082,179
Sec. 207. 2001 2nd sp.s. c 8 s 265 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Local Criminal Justice Facilities (99-2-003)
The appropriations in this section are subject to the following conditions and limitations: (($3,000,000)) $5,500,000 of the state building construction account--state appropriation is provided solely for grants to local jurisdictions for jail capacity expansion projects. Grants provided in this section shall be limited to up to $500,000 per jurisdiction.
Reappropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,952,091
Appropriation:
General Fund--Federal. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,335,619
State Building Construction Account--State.. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((3,000,000))
5,500,000
Subtotal Appropriation. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .$ ((4,335,619))
6,835,619
Prior Biennia (Expenditures). . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,193,270
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 966,338
TOTAL. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ ((9,447,318))
11,947,318
NEW SECTION. Sec. 208. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Job Creation and Infrastructure Projects (03-1-001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The following projects are eligible for funding:
College Projects Amount
Bates Technical College Roof and facility repairs--HVAC controls and equipment $ 1,010,000
Bellevue Community College Roof repairs $ 2,374,000
Bellingham Technical College Facility repairs--HVAC $ 986,000
Big Bend Community College Facility repairs--Fume hoods $ 100,000
Clark Community College Facility repairs--Structural $ 313,000
Columbia Basin College Facility repairs--Replace heaters $ 225,000
Everett Community College Roof repairs $ 57,000
Grays Harbor Community College Bishop center; Roof and facility repairs--Electrical panels $ 745,000
Green River Community College Campus commons--Lighting, landscape, and drainage $ 600,000
Highline Community College Utility tunnels; Redondo pier; Roof repairs $ 3,189,000
Lake Washington Technical College Facility repairs--Window and roof leak damage $ 105,000
Lower Columbia College Roof repairs and removal of portables, including site work $ 290,175
Olympic Community College Facility repairs--HVAC, ventilation, and dust accumulations $ 1,354,000
Peninsula Community College Facility repairs--HVAC, domestic water, and ventilation $ 2,366,000
Pierce Community College -
Fort Steilacoom Facility repairs--HVAC, pipe, and electrical service upgrades $ 156,000
Renton Technical College Roof repairs $ 526,000
Seattle Central Community College Roof repairs $ 235,000
Shoreline Community College Roof repairs $ 452,000
South Seattle Community College Roof and facility repairs--HVAC, fiber optic for EMS $ 2,301,000
Spokane Community College Roof and facility repairs--Science building rooftop heat unit $ 285,000
Spokane Falls Community College Facility repairs--HVAC, electrical service, and distribution $ 378,000
Tacoma Community College Facility repairs--HVAC, electrical $ 2,354,000
Walla Walla Community College Enology phase 2 and facility repairs--HVAC, exhaust, and boilers $ 1,084,000
Wenatchee Valley Community College Replace portable--prep and site work; Welding lab; Roof and
facility repairs $ 2,565,000
Whatcom Community College Facility repairs--HVAC and building fungus $ 700,000
Yakima Valley Community College Electrical, fiber optic, and equipment installations for 2+2 classrooms $ 1,500,000
TOTAL $ 26,250,175
(2) The community and technical college system's board shall act to ensure that colleges implement the eligible projects pursuant to sections 219 through 221 of this act.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . .$ 26,250,175
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 26,250,175
NEW SECTION. Sec. 209. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Lewis and Clark's Station Camp--Park and Infrastructure Development: Job Creation and Infrastructure Projects (2002-S-001)
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . .$ 2,552,226
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2,552,226
NEW SECTION. Sec. 210. FOR THE STATE PARKS AND RECREATION COMMISSION
Job Creation and Infrastructure Projects (03-1-001)
The following building renovation and utility upgrade projects are eligible for funding:
Project Amount
Bayview state park: Campground comfort station $ 400,000
Birch Bay state park: Residence replacement $ 175,000
Brooks memorial state park: Environmental
learning center facility improvements $ 238,000
Camano Island state park: Group camp
comfort station replacement $ 250,000
Camano Island state park: Connect
comfort station to utility system $ 734,000
Camp Delaney: Environmental learning center
facility improvements $ 400,000
Camp Moran: Environmental learning center
facility improvements $ 375,000
Camp Wooten: Environmental learning center
facility improvements $ 250,000
Central Ferry state park: Residence replacement $ 175,000
Chief Timothy state park: Interpretive
center renovation $ 300,000
Cornet Bay: Environmental learning center
facility improvements $ 985,000
Curlew Lake state park: Campground comfort
station replacement $ 240,000
Dalles Mountain Ranch state park: Potable
water well and distribution lines $ 125,000
Flaming Geyser state park: Wastewater
treatment plant upgrade $ 60,000
Flaming Geyser state park: Environmental
learning center facility improvements $ 140,000
Fort Columbia state park: Exterior
improvements to hostel $ 250,000
Fort Canby state park: Upgrade north
head duplex and carriage house $ 290,000
Fort Simcoe state park: Preservation
of historic officers' quarters $ 233,000
Gingko state park: Interpretive
center renovation and improvements $ 300,000
Ike Kinswa state park: On-site
wastewater system replacement $ 72,000
Iron Horse state park: FF-16 trestle replacement $ 500,000
Iron Horse state park: South Cle Elum depot complex $ 200,000
Kitsap Memorial state park: Campground
comfort station replacement $ 380,000
Lake Cushman state park: Potable water
system improvements $ 195,000
Lake Sylvia state park: Day use comfort
station improvements $ 90,000
Lewis and Clark Trail state park: Improvements
to comfort stations $ 250,000
Lewis and Clark state park: Environmental
learning center facility improvements $ 210,000
Lime Kiln state park: Garage renovation to
interpretive center $ 100,000
Millersylvania state park: Wastewater
treatment plant improvements $ 175,000
Millersylvania state park: Comfort
station 2 historic preservation $ 110,000
Millersylvania state park: Kitchen 2
historic preservation $ 60,000
Millersylvania state park: Environmental
learning center facility improvements $ 402,000
Moran state park: Residence replacement $ 175,000
Moran state park: South campground
comfort station improvements $ 100,000
Moran state park: Recreational vehicle trailer sewage
disposal replacement $ 150,000
Moran state park: Kitchen shelter 8
and 21 replacement $ 112,000
Ocean Beach: Access water line purveyors $ 50,000
Ocean City state park: North Beach area
residence replacement $ 175,000
Old Fort Townsend state park: Residence
replacement $ 175,000
Olmstead Place state park: Cabin historic
preservation $ 60,000
Olmstead Place state park: Smith
house-historic preservation $ 115,000
Palouse Falls state park: Domestic
well development $ 415,000
Paradise Point state park: Campground
comfort station improvements $ 90,000
Pearrygin Lake state park: Comfort station
improvements $ 350,000
Rainbow Falls state park: Replace pedestrian
suspension bridge $ 250,000
Sacajawea state park: Interpretive
center renovation/improvements $ 600,000
Sacajawea state park: Renovate caretaker's
residence and garage $ 170,000
Sequest state park: South loop water
system improvements $ 50,000
Sequim Bay state park: Fish passage
barrier replacement $ 250,000
Statewide: Campground electrification
statewide (recreational vehicle hookups) $ 1,500,000
Statewide: Culvert replacements for fish passage $ 750,000
Statewide: Housing renovation $ 1,348,000
Sun Lakes state park: Residence replacement $ 175,000
Thorpe Bridge: Decking and safety
railing installation $ 300,000
Twin Harbors state park: Potable
water systems improvements $ 185,000
Twin Harbors state park: West
campground comfort station replacements $ 350,000
Total:. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ $16,559,000
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . .$ 16,559,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 16,559,000
NEW SECTION. Sec. 211. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Culvert Replacement for Fish Passage: Job Creation and Infrastructure Projects (2002-S-001)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to the department of fish and wildlife to replace culverts on state lands that impair fish passage. The department shall prioritize projects that affect fish species listed as threatened or endangered under the federal endangered species act.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs).. . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
NEW SECTION. Sec. 212. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Job Creation and Infrastructure Projects (03-1-001)
The following projects are eligible for funding:
Project
Amount
Tokul creek: Hatchery pathogen-free water $ 140,000
Whitehorse hatchery: Well and pond renovation $ 300,000
Dungeness hatchery: Intakes $ 290,000
Issaquah hatchery: Phase 3 $ 238,000
Wallace river hatchery: Pollution abatement pond $ 175,000
Swanson lakes wildlife area: Sharptail
grouse viewing site $ 100,000
Othello: Coulee dam nature tour (nonwater) $ 200,000
Crop and orchard protection fencing $ 200,000
Sunnyside wildlife area: Well replacement $ 30,000
Region 5 hazardous material storage $ 45,000
Cedar creek: Trap storage $ 30,000
Statewide: Underground storage tank removal $ 50,000
Wenatchee: Office survey and fence $ 25,000
Wenatchee: Warehouse renovation and storage building $ 41,000
Wenatchee: Office and warehouse paint $ 12,000
Region 2: Office underground sprinkler system $ 10,000
Americans with disabilities act toilet
installation: 12 locations $ 200,000
Sherman creek: Irrigation line replacement $ 149,000
Windmill ranch wildlife area: Replace
pivot irrigation system $ 121,400
Methow: Headquarters renovations $ 43,800
Johns river wildlife area: Replace heating and
windows $ 40,200
Statewide: Elk fencing $ 500,000
St. Helens wildlife area: Bridge replacement No. 502 $ 175,000
Sunset falls bridge: Deck and safety improvements $ 75,000
Statewide: Paving of bridge approaches $ 75,000
Total:. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,265,400
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,265,400
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,265,400
NEW SECTION. Sec. 213. FOR THE DEPARTMENT OF NATURAL RESOURCES
Culvert Replacement for Fish Passage: Job Creation and Infrastructure Projects (2002-S-001)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to the department of natural resources to replace culverts on state lands that impair fish passage. The department shall prioritize projects that affect fish species listed as threatened or endangered under the federal endangered species act.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
NEW SECTION. Sec. 214. FOR THE DEPARTMENT OF AGRICULTURE
Fairground Health and Safety Improvements: Job Creation and Infrastructure Projects (2002-S-002)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely to the department of agriculture to make grants to counties for health and safety improvements at fairs and youth shows as authorized by chapter 15.76 RCW.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100,000
NEW SECTION. Sec. 215. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Arsenic Removal Financing Program: Job Creation and Infrastructure Projects (2002-S-003)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided to make grants to public drinking water systems and loans to private drinking water systems for engineering services and equipment purchase for arsenic removal and to bring systems into compliance with federal safe drinking water act standards.
(2) The arsenic removal financing program must be cooperatively administered by the department of health, the public works board, and the board's administrative agent, the department of community, trade, and economic development. The program must be administered consistent with the provisions of the public works board under chapter 43.155 RCW and the drinking water state revolving fund under chapter 70.119A RCW. If the provisions of these two chapters are inconsistent, chapter 43.155 RCW shall be followed.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
NEW SECTION. Sec. 216. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Drinking Water Security: Job Creation and Infrastructure Projects (2002-S-004)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided for the public works board to make grants to public drinking water systems for facility improvements associated with enhancing the security of drinking water supplies and infrastructure.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,000,000
NEW SECTION. Sec. 217. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
City of Grandview: Job Creation and Infrastructure Development (2002-S-006)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided for allocation by the department to the city of Grandview for infrastructure development, including but not limited to streets, water, sewer, and other utilities associated with the siting of a warehouse distribution center. If the development agreement for the warehouse distribution center has not been signed by May 15, 2002, the appropriation in this section shall lapse.
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,000,000
NEW SECTION. Sec. 218. FOR THE DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT
Community Services Facilities (2002-S-005): Job Creation and Infrastructure Projects
The following projects are eligible for funding:
Projects Amount
Asia Pacific center $ 500,000
Blair elementary relocation $ 4,600,000
Edmonds waterfront park $ 300,000
Grace Cole memorial park/Brookside creek $ 400,000
Highline school district aircraft noise mitigation $ 5,000,000
Mill creek active use ball fields $ 1,000,000
Penny creek/9th avenue crossing $ 400,000
Port Angeles skills center/skills consortium $ 3,000,000
Ridgefield wastewater treatment $ 585,000
Sammamish surface water treatment $ 1,500,000
Shoreline historical museum $ 28,000
Soundview park/playground $ 200,000
Stewart heights pool project $ 500,000
Sundome seating expansion - Yakima $ 1,250,000
William H. Factory small business incubator $ 250,000
Yakima ballfields $ 1,250,000
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ $20,763,000
Appropriation:
State Building Construction Account--State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,763,000
Prior Biennia (Expenditures). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
Future Biennia (Projected Costs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 0
TOTAL. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,763,000
NEW SECTION. Sec. 219. Agencies shall expedite the expenditure of appropriations for the job creation and infrastructure program in order to: (1) Maximize additional private employment opportunities associated with capital expenditures; (2) expediently renew and repair a wide variety of state facilities and infrastructure; and (3) minimize reappropriations for work under this section to those projects that have been encumbered and are substantially underway by June 30, 2003. Agencies shall implement the job creation and infrastructure program within the agency's current level of employees.
NEW SECTION. Sec. 220. The following conditions apply to appropriations for the job creation and infrastructure program: (1) Agencies shall contract permitting, design, and construction services wherever appropriate; (2) agencies shall coordinate contract and project management services to meet the completion goals of this section; (3) agencies may petition the office of financial management to use agency staff or to separately contract project management services for individual projects on an exception basis by demonstrating that this approach is more cost effective and necessary to meet the timeline goals in this section; and (4) to carry out the provisions of sections 201 through 221 of this act, the office of financial management may assign responsibility for design, construction, and other related activities to any appropriate agency.
NEW SECTION. Sec. 221. To ensure that job creation and infrastructure program appropriations are carried out in accordance with legislative intent, funds shall not be allotted until eligible projects are approved by and on file with the office of financial management. Allotments for appropriations shall be provided for each eligible project in accordance with the capital project review requirements adopted by the office of financial management. No expenditure may be incurred or obligation assumed against job creation and infrastructure program appropriations until the office of financial management has approved the allotment of the funds to be expended.
The office of financial management is expected to monitor the progress of eligible projects that receive appropriations. No later than December 1, 2002, the office of financial management shall report the following information to the capital budget committee of the house of representatives and the ways and means committee of the senate: (1) A status report on each project noting percent completion; and (2) an explanation of why any appropriation remains unexpended. Agencies shall make this information available to the office of financial management upon request.
PART 3
MISCELLANEOUS
NEW SECTION. Sec. 301. FOR THE STATE TREASURER--TRANSFERS
For transfers in this section to the state general fund, pursuant to RCW 43.135.035(5), the state expenditure limit shall be increased by the amount of the transfer. The increase shall occur in fiscal year 2002.
Natural Resources Real Property Replacement
Account: For transfer to the permanent
common school fund. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20,000,000
Natural Resources Real Property Replacement
Account: For transfer to the
scientific permanent account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,400,000
Natural Resources Real Property Replacement
Account: For transfer to the charitable,
educational, penal and reformatory
institution account. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 420,000
Natural Resources Real Property Replacement
Account: For transfer to the state
university permanent account. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 96,000
Natural Resources Real Property Replacement
Account: For transfer to the agricultural
permanent account. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 17,000
Washington State University Building Account:
For transfer to the state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,000,000
Community and Technical College Capital
Projects Account: For transfer to the
state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 14,468,800
Nonhighway and Off-Road Vehicle Activities
Program Account: For transfer to the
state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,095,000
Water Quality Account: For transfer to the
state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9,525,000
Wildlife Account: For transfer to the state
general fund. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1,800,000
Warm Water Game Fish Account: For transfer
to the state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 560,000
Aquatic Lands Enhancement Account: For
transfer to the state general fund. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,040,000
Recreation Resources Account--State: For transfer
to the state general fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,934,000
Sec. 302. RCW 28B.30.730 and 1991 sp.s. c 13 s 50 are each amended to read as follows:
For the purpose of financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable. Said bonds:
(1) Shall not constitute
(a) An obligation, either general or special, of the state; or
(b) A general obligation of Washington State University or of the board;
(2) Shall be
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred dollars; and
(c) Fully negotiable instruments under the laws of this state; and
(d) Signed on behalf of the university by the president of the board, attested by the secretary or the treasurer of the board, have the seal of the university impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such president and secretary;
(3) Shall state
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered within the series; and
(c) That the bond is payable both principal and interest solely out of the bond retirement fund;
(4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the bond retirement fund;
(6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe;
(7) Shall be sold in such manner and at such price as the board may prescribe;
(8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with RCW 28B.30.700 through 28B.30.780, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:
(a) A covenant that the building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement account, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest;
(b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein;
(c) A covenant that sufficient moneys may be transferred from the Washington State University building account to the bond retirement account when ordered by the board of regents in the event there is ever an insufficient amount of money in the bond retirement account to pay any installment of interest or principal and interest coming due on the bonds or any of them;
(d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds shall be deposited in the state treasury to the credit of the Washington State University building account and shall be used solely for paying the costs of the projects. The Washington State University building account shall be credited with the investment income derived pursuant to RCW 43.84.080 on the investible balances of scientific permanent fund and agricultural permanent fund, less the allocation to the state treasurer's service ((account [fund])) fund pursuant to RCW 43.08.190. During the 2001-2003 fiscal biennium, the legislature may transfer from the Washington State University building account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 303. RCW 28B.50.360 and 2000 c 65 s 1 are each amended to read as follows:
Within thirty-five days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board if issuing bonds payable out of building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be exclusively devoted to that purpose. If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.
(2) The community and technical college capital projects account is hereby created in the state treasury. The sums deposited in the capital projects account shall be appropriated and expended exclusively to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community and technical colleges in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto, and for the payment of principal of and interest on any bonds issued for such purposes. During the 2001-2003 fiscal biennium, the legislature may transfer from the account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 304. RCW 43.30.265 and 1992 c 167 s 1 are each amended to read as follows:
(1) The legislature finds that the department of natural resources has a need to maintain the real property asset base it manages and needs an accounting mechanism to complete transactions without reducing the real property asset base.
(2) The natural resources real property replacement account is created in the state treasury. This account shall consist of funds transferred or paid for the disposal or transfer of real property by the department of natural resources under RCW 79.01.009. The funds in this account shall be used solely for the acquisition of replacement real property and may be spent only when, and as, authorized by legislative appropriation. For the period July 1, 2001, to June 30, 2003, moneys in the account may be transferred to the following accounts: Permanent common school fund; scientific permanent fund; charitable, educational, penal and reformatory institutions account; state university permanent fund; and agricultural permanent fund.
Sec. 305. RCW 46.09.165 and 1995 c 166 s 11 are each amended to read as follows:
The nonhighway and off-road vehicle activities program account is created in the state treasury. Moneys in this account are subject to legislative appropriation. The interagency committee for outdoor recreation shall administer the account for purposes specified in this chapter and shall hold it separate and apart from all other money, funds, and accounts of the interagency committee for outdoor recreation. Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and any moneys made available to the state of Washington by the federal government for outdoor recreation may be deposited into the account. During the 2001-2003 fiscal biennium, the legislature may transfer from the account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 306. RCW 79A.25.200 and 2000 c 11 s 77 are each amended to read as follows:
The recreation resource account is created in the state treasury. Moneys in this account are subject to legislative appropriation. The committee shall
administer the account in accordance with this chapter and chapter 79A.35 RCW and shall hold it separate and apart from all other money, funds, and
accounts of the committee. Moneys received from the marine fuel tax refund account under RCW 79A.25.070 shall be deposited into the account. Grants, gifts, or other financial assistance, proceeds received from public bodies as administrative cost contributions, and moneys made available to the state of Washington by the federal government for outdoor recreation may be deposited into the account. During the 2001-2003 fiscal biennium, the legislature may transfer from the account to the state general fund such amounts as reflect the excess fund balance of the account.
NEW SECTION. Sec. 307. 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. 308. 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."
MOTION
Senator Hochstatter moved that the following amendment by Senators Hochstatter, Morton and Hewitt to the striking amendment be adopted:
On page 14, after line 28, insert the following:
"(3) The interagency committee for outdoor recreation shall not expend funds from the habitat conservation account appropriation for land acquisition unless the county legislative authority, for the county in which the acquisition is located, acts to approve the acquisition."
Renumber the sections consecutively and correct any internal references accordingly.
PARLIAMENTARY INQUIRY
Senator Hochstatter: "A parliamentary inquiry, Madam President. How many votes does it take to pass this amendment?"
RULING BY THE PRESIDENT PRO TEMPORE
President Pro Tempore Franklin: "A simple majority, Senator Hochstatter."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Hochstatter, Morton and Hewitt on page 14, after line 28, to the striking amendment to Senate Bill No. 6396.
The motion by Senator Hochstatter failed and the amendment to the striking amendment was not adopted.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment by Senators Fairley and Zarelli to Senate Bill No. 6396.
The motion by Senator Fairley carried and the striking amendment was adopted.
MOTION
On motion of Senator Fairley, the following title amendment was adopted:
On page 1, line 1 of the title, after "budget;" strike the remainder of the title and insert "amending RCW 28B.30.730, 28B.50.360, 43.30.265, 46.09.165, and 79A.25.200; amending 2001 2nd sp.s. c 8 ss 117, 118, 147, 183, 257, 270, 278, 303, 311, 313, 315, 344, 346, 348, 350, 354, 387, 388, 390, 392, 394, 396, 397, 416, 420, 425, 505, 506, 602, 624, 661, 701, 755, 784, 799, 803, 804, 813, 824, 828, 829, 907, 111, 157, and 265 (uncodified); adding new sections to 2001 2nd sp.s. c 8 (uncodified); creating new sections; repealing 2001 2nd sp.s. c 8 ss 184, 186, 187, and 421 (uncodified); making appropriations; authorizing expenditures for capital improvements; and declaring an emergency."
MOTION
On motion of Senator Fairley, the rules were suspended, Engrossed Senate Bill No. 6396 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6396.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6396 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Brown, Carlson, Costa, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hale, Hargrove, Haugen, Hewitt, Hochstatter, Honeyford, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McAuliffe, McCaslin, McDonald, Oke, Parlette, Poulsen, Prentice, Rasmussen, Regala, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Shin, Snyder, Spanel, Stevens, Swecker, Thibaudeau, West, Winsley and Zarelli - 47.
Voting nay: Senators Eide and Morton - 2.
SENATE BILL NO. 6396, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
SECOND READING
ENGROSSED HOUSE BILL NO. 2723, by Representatives Ogden, Rockefeller, Lantz, Jackley, Eickmeyer, Haigh and Chase
Revising Public-Private Transportation Initiatives.
The bill was read the second time.
MOTION
On motion of Senator Haugen, the following Committee on Transportation striking amendment was not adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. INTENT. The legislature finds that greater flexibility to provide state financing for projects developed under chapter 47.46 RCW will result in better use of public resources, lower financing costs, and potential savings to taxpayers. The legislature intends to: Clarify the ability of the department of transportation to use public and private financing for projects selected and developed under chapter 47.46 RCW; provide the department with specific means of state financing where that financing is in the public's best interest; provide citizens living in the impacted areas a statutory mechanism to review proposed toll rates and provide input before adoption of toll schedules by the toll authority; and prevent unreasonable delay of critical transportation projects that are essential for public safety and welfare.
Sec. 2. RCW 47.56.010 and 1984 c 7 s 246 are each amended to read as follows:
PROVIDING DEFINITION FOR 1950 TACOMA NARROWS BRIDGE. As used in this chapter:
(1) "Toll bridge" means a bridge constructed or acquired under this chapter, upon which tolls are charged, together with all appurtenances, additions, alterations, improvements, and replacements thereof, and the approaches thereto, and all lands and interests used therefor, and buildings and improvements thereon.
(2) "Toll road" means any express highway, superhighway, or motorway at such locations and between such termini as may be established by law, and constructed or to be constructed as a limited access highway under the provisions of this chapter by the department, and shall include, but not be limited to, all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service facilities, communications facilities, and administration, storage, and other buildings that the department may deem necessary for the operation of the project, together with all property, rights, easements, and interests that may be acquired by the department for the construction or the operation of the project, all of which shall be conducted in the same manner and under the same procedure as provided for the establishing, constructing, operating, and maintaining of toll bridges by the department, insofar as those procedures are reasonably consistent and applicable.
(3) "1950 Tacoma Narrows bridge" means the bridge crossing the Tacoma Narrows that was opened to vehicle travel in 1950.
Sec. 3. RCW 47.46.030 and 1996 c 280 s 1 are each amended to read as follows:
DEMONSTRATION PROJECTS--SELECTION--PUBLIC INVOLVEMENT. (1) The secretary or a designee shall solicit proposals from, and negotiate and enter into agreements with, private entities to undertake as appropriate, together with the department and other public entities, all or a portion of the study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole or in part public or private sources of financing.
The public-private initiatives program may develop up to six demonstration projects. Each proposal shall be weighed on its own merits, and each of the six agreements shall be negotiated individually, and as a stand-alone project.
(2) If project proposals selected prior to September 1, 1994, are terminated by the public or private sectors, the department shall not select any new projects, including project proposals submitted to the department prior to September 1, 1994, and designated by the transportation commission as placeholder projects, after June 16, 1995, until June 30, 1997.
((The department, in consultation with the legislative transportation committee, shall conduct a program and fiscal audit of the public-private initiatives program for the biennium ending June 30, 1997. The department shall submit a progress report to the legislative transportation committee on the program and fiscal audit by June 30, 1996, with preliminary and final audit reports due December 1, 1996, and June 30, 1997, respectively.
The department shall develop and submit a proposed public involvement plan to the 1997 legislature to identify the process for selecting new potential projects and the associated costs of implementing the plan. The legislature must adopt the public involvement plan before the department may proceed with any activity related to project identification and selection. Following legislative adoption of the public involvement plan, the department is authorized to implement the plan and to identify potential new projects.
The public involvement plan for projects selected after June 30, 1997, shall, at a minimum, identify projects that: (a) Have the potential of achieving overall public support among users of the projects, residents of communities in the vicinity of the projects, and residents of communities impacted by the projects; (b) meet a state transportation need; (c) provide a significant state benefit; and (d) provide competition among proposers and maximum cost benefits to users. Prospective projects may include projects identified by the department or submitted by the private sector.))
Projects that meet the minimum criteria established under this section ((and the requirements of the public involvement plan developed by the department and approved by the legislature)) shall be submitted to the Washington state transportation commission for its review. The commission, in turn, shall submit a list of eligible projects to the legislative transportation committee for its consideration. Forty-five days after the submission to the legislative transportation committee of the list of eligible projects, the secretary is authorized to solicit proposals for the eligible project.
(((3) Prior to entering into agreements with private entities under the requirements of RCW 47.46.040 for any project proposal selected before September 1, 1994, or after June 30, 1997, except as provided for in subsections (11) and (12) of this section, the department shall require an advisory vote as provided under subsections (5) through (10) of this section.
(4) The advisory vote shall apply to project proposals selected prior to September 1, 1994, or after June 30, 1997, that receive public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project collected and submitted in accordance with the dates established in subsections (12) and (13) of this section. The advisory vote shall be on the preferred alternative identified under the requirements of chapter 43.21C RCW and, if applicable, the national environmental policy act, 42 U.S.C. 4321 et seq. The execution by the department of the advisory vote process established in this section is subject to the prior appropriation of funds by the legislature for the purpose of conducting environmental impact studies, a public involvement program, local involvement committee activities, traffic and economic impact analyses, engineering and technical studies, and the advisory vote.
(5) In preparing for the advisory vote, the department shall conduct a comprehensive analysis of traffic patterns and economic impact to define the geographical boundary of the project area that is affected by the imposition of tolls or user fees authorized under this chapter. The area so defined is referred to in this section as the affected project area. In defining the affected project area, the department shall, at a minimum, undertake: (a) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (b) an analysis of the anticipated traffic diversion patterns; (c) an analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project; (d) an analysis of the economic impact of tolls or user fees on the price of goods and services generally; and (e) an analysis of the relationship of the project to state transportation needs and benefits.
(6)(a) After determining the definition of the affected project area, the department shall establish a committee comprised of individuals who represent cities and counties in the affected project area; organizations formed to support or oppose the project; and users of the project. The committee shall be named the public-private local involvement committee, and be known as the local involvement committee.
(b) The members of the local involvement committee shall be: (i) An elected official from each city within the affected project area; (ii) an elected official from each county within the affected project area; (iii) two persons from each county within the affected project area who represent an organization formed in support of the project, if the organization exists; (iv) two persons from each county within the affected project area who represent an organization formed to oppose the project, if the organization exists; and (v) four public members active in a statewide transportation organization. If the committee makeup results in an even number of committee members, there shall be an additional appointment of an elected official from the county in which all, or the greatest portion of the project is located.
(c) City and county elected officials shall be appointed by a majority of the members of the city or county legislative authorities of each city or county within the affected project area, respectively. The county legislative authority of each county within the affected project area shall identify and validate organizations officially formed in support of or in opposition to the project and shall make the appointments required under this section from a list submitted by the chair of the organizations. Public members shall be appointed by the governor. All appointments to the local involvement committee shall be made and submitted to the department of transportation no later than January 1, 1996, for projects selected prior to September 1, 1994, and no later than thirty days after the affected project area is defined for projects selected after June 30, 1997. Vacancies in the membership of the local involvement committee shall be filled by the appointing authority under (b)(i) through (v) of this subsection for each position on the committee.
(d) The local involvement committee shall serve in an advisory capacity to the department on all matters related to the execution of the advisory vote.
(e) Members of the local involvement committee serve without compensation and may not receive subsistence, lodging expenses, or travel expenses.
(7) The department shall conduct a minimum thirty-day public comment period on the definition of the geographical boundary of the project area. The department, in consultation with the local involvement committee, shall make adjustments, if required, to the definition of the geographical boundary of the affected project area, based on comments received from the public. Within fourteen calendar days after the public comment period, the department shall set the boundaries of the affected project area in units no smaller than a precinct as defined in RCW 29.01.120.
(8) The department, in consultation with the local involvement committee, shall develop a description for selected project proposals. After developing the description of the project proposal, the department shall publish the project proposal description in newspapers of general circulation for seven calendar days in the affected project area. Within fourteen calendar days after the last day of the publication of the project proposal description, the department shall transmit a copy of the map depicting the affected project area and the description of the project proposal to the county auditor of the county in which any portion of the affected project area is located.
(9) The department shall provide the legislative transportation committee with progress reports on the status of the definition of the affected project area and the description of the project proposal.
(10) Upon receipt of the map and the description of the project proposal, the county auditor shall, within thirty days, verify the precincts that are located within the affected project area. The county auditor shall prepare the text identifying and describing the affected project area and the project proposal using the definition of the geographical boundary of the affected project area and the project description submitted by the department and shall set an election date for the submission of a ballot proposition authorizing the imposition of tolls or user fees to implement the proposed project within the affected project area, which date may be the next succeeding general election to be held in the state, or at a special election, if requested by the department. The text of the project proposal must appear in a voter's pamphlet for the affected project area. The department shall pay the costs of publication and distribution. The special election date must be the next date for a special election provided under RCW 29.13.020 that is at least sixty days but, if authorized under RCW 29.13.020, no more than ninety days after the receipt of the final map and project description by the auditor. The department shall pay the cost of an election held under this section.
(11) Notwithstanding any other provision of law, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies, a public involvement program, and engineering and technical studies funded by the legislature. For projects subject to this subsection, the department shall not enter into an agreement under RCW 47.46.040 prior to the advisory vote on the preferred alternative.
(12) Subsections (5) through (10) of this section shall not apply to project proposals selected prior to September 1, 1994, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project, collected and submitted after September 1, 1994, and by thirty calendar days after June 16, 1995.
(13) Subsections (5) through (10) of this section shall not apply to project proposals selected after June 30, 1997, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project, collected and submitted by ninety calendar days after project selection.))
NEW SECTION. Sec. 4. A new section is added to chapter 47.46 RCW to read as follows:
USE OF STATE BONDS ON CERTAIN PROJECTS. (1) To the extent that the legislature specifically appropriates funding for a project developed under this chapter using the proceeds of bonds issued by the state, an agreement for the design or construction of the project entered into by the secretary must incorporate provisions that are consistent with the use of the state financing provided by the appropriation.
(2) The secretary shall amend existing agreements or execute new agreements to comply with subsection (1) of this section.
(3) If the secretary is unable to reach agreement with other parties on contractual provisions providing for state financing, the secretary shall not enter into an agreement, or shall take no action with respect to an agreement, or shall exercise termination provisions.
NEW SECTION. Sec. 5. A new section is added to chapter 47.46 RCW to read as follows:
STATE TOLL FACILITIES AUTHORIZED FOR PPI PROJECTS. The department may provide for the establishment and construction of state toll bridge facilities upon any public highways of this state together with approaches to them under agreements entered into under this chapter to develop such facilities. A state toll bridge facility authorized under this section includes, but is not limited to, the construction of an additional toll bridge, including approaches, adjacent to and within two miles of an existing bridge, the imposition of tolls on both bridges, and the operation of both bridges as one toll facility.
NEW SECTION. Sec. 6. A new section is added to chapter 47.46 RCW to read as follows:
CITIZEN ADVISORY COMMITTEE CREATED. (1) A citizen advisory committee must be created for any project developed under this chapter that imposes toll charges for use of a transportation facility. The governor shall appoint nine members to the committee, all of whom must be permanent residents of the affected project area, as that term is defined by the department.
(2) The citizen advisory committee shall serve in an advisory capacity to the commission on all matters related to the imposition of tolls. Members of the committee shall serve without compensation.
(3) No toll charge may be imposed or modified unless the citizen advisory committee has been given at least twenty days to review and comment on any proposed toll charge schedule. In setting toll rates, the commission shall give consideration to any recommendations of the citizen advisory committee.
NEW SECTION. Sec. 7. A new section is added to chapter 47.46 RCW to read as follows:
COMMISSION TO ESTABLISH TOLL CHARGES. (1) The commission shall fix the rates of toll and other charges for all toll bridges built under this chapter that are financed primarily by bonds issued by the state. Subject to section 6 of this act, the commission may impose and modify toll charges from time to time as conditions warrant.
(2) In establishing toll charges, the commission shall give due consideration to any required costs for operating and maintaining the toll bridge or toll bridges, including the cost of insurance, and to any amount required by law to meet the redemption of bonds and interest payments on them.
(3) The toll charges must be imposed in amounts sufficient to:
(a) Provide annual revenue sufficient to provide for annual operating and maintenance expenses; and
(b) Make payments required under this chapter, including insurance costs and the payment of principal and interest on bonds issued for any toll bridge or toll bridges authorized under this chapter.
(4) The bond principal and interest payments constitute a first direct and exclusive charge and lien on all tolls and other revenues from the toll bridge concerned, subject to operating and maintenance expenses.
NEW SECTION. Sec. 8. A new section is added to chapter 47.46 RCW to read as follows:
TERM OF TOLLS. (1) The commission shall retain toll charges on any existing and future facilities constructed under this chapter and financed primarily by bonds issued by the state until:
(a) All costs of investigation, financing, acquisition of property, and construction advanced from the motor vehicle fund, except for funds previously expended from a legislative appropriation, have been fully repaid; and
(b) Obligations incurred in constructing that facility have been fully paid.
(2) This section does not prohibit the use of toll revenues to fund maintenance, operations, or management of facilities constructed under this chapter.
(3) Notwithstanding subsection (2) of this section, upon satisfaction of the conditions enumerated in subsection (1) of this section:
(a) The facility must be operated as a toll-free facility; and
(b) The operation, maintenance, upkeep, and repair of the facility must be paid from funds appropriated for the use of the department for the construction and maintenance of the primary state highways of the state of Washington.
NEW SECTION. Sec. 9. A new section is added to chapter 47.46 RCW to read as follows:
TOLL INCREASES IN EXCESS OF FISCAL GROWTH FACTOR. Pursuant to RCW 43.135.055, the legislature authorizes the transportation commission to increase bridge tolls in excess of the fiscal growth factor.
NEW SECTION. Sec. 10. A new section is added to chapter 47.46 RCW to read as follows:
ALTERATION DOES NOT CONSTITUTE NEW PROPOSAL. If a proposal is or has been selected for the design, development, construction, maintenance, or operation of transportation systems or facilities under this chapter, subsequent agreements may be made to implement portions of the proposal that modify the proposal or that do not incorporate all the features of the proposal. Any such modified agreement does not require the solicitation or consideration of additional proposals for all or any portion of the services rendered under that modified agreement. Modified agreements may provide for the reimbursement of expenses and fees incurred under earlier agreements.
NEW SECTION. Sec. 11. A new section is added to chapter 47.46 RCW to read as follows:
APPLICABLE RULES AND STATUTES. All projects designed, constructed, and operated under this chapter must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
NEW SECTION. Sec. 12. A new section is added to chapter 47.46 RCW to read as follows:
APPLICATION OF RCW 47.46.040 AND 47.46.050. RCW 47.46.040 and 47.46.050 apply only to those agreements that include private sources of financing in whole or in part.
Sec. 13. RCW 47.46.040 and 2001 c 64 s 14 are each amended to read as follows:
DEMONSTRATION PROJECTS--TERMS OF AGREEMENTS--PUBLIC PARTICIPATION. (1) ((All projects designed, constructed, and operated under this authority must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
(2))) The secretary or a designee shall consult with legal, financial, and other experts within and outside state government in the negotiation and development of the agreements.
(((3))) (2) Agreements ((shall)) may provide for private ownership of the projects during the construction period. After completion and final acceptance of each project or discrete segment thereof, the agreement ((shall)) may provide for state ownership of the transportation systems and facilities and lease to the private entity unless the state elects to provide for ownership of the facility by the private entity during the term of the agreement.
The state ((shall)) may lease each of the demonstration projects, or applicable project segments, to the private entities for operating purposes for up to fifty years.
(((4))) (3) The department may exercise any power possessed by it to facilitate the development, construction, financing operation, and maintenance of transportation projects under this ((chapter)) section. Agreements for maintenance services entered into under this section shall provide for full reimbursement for services rendered by the department or other state agencies. Agreements for police services for projects, involving state highway routes, developed under agreements shall be entered into with the Washington state patrol. The agreement for police services shall provide that the state patrol will be reimbursed for costs on a comparable basis with the costs incurred for comparable service on other state highway routes. The department may provide services for which it is reimbursed, including but not limited to preliminary planning, environmental certification, and preliminary design of the demonstration projects.
(((5))) (4) The plans and specifications for each project constructed under this section shall comply with the department's standards for state projects. A facility constructed by and leased to a private entity is deemed to be a part of the state highway system for purposes of identification, maintenance, and enforcement of traffic laws and for the purposes of applicable sections of this title. Upon reversion of the facility to the state, the project must meet all applicable state standards. Agreements shall address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable state standards upon reversion of the facility to the state.
(((6))) (5) For the purpose of facilitating these projects and to assist the private entity in the financing, development, construction, and operation of the transportation systems and facilities, the agreements may include provisions for the department to exercise its authority, including the lease of facilities, rights of way, and airspace, exercise of the power of eminent domain, granting of development rights and opportunities, granting of necessary easements and rights of access, issuance of permits and other authorizations, protection from competition, remedies in the event of default of either of the parties, granting of contractual and real property rights, liability during construction and the term of the lease, authority to negotiate acquisition of rights of way in excess of appraised value, and any other provision deemed necessary by the secretary.
(((7))) (6) The agreements entered into under this section may include provisions authorizing the state to grant necessary easements and lease to a private entity existing rights of way or rights of way subsequently acquired with public or private financing. The agreements may also include provisions to lease to the entity airspace above or below the right of way associated or to be associated with the private entity's transportation facility. In consideration for the reversion rights in these privately constructed facilities, the department may negotiate a charge for the lease of airspace rights during the term of the agreement for a period not to exceed fifty years. If, after the expiration of this period, the department continues to lease these airspace rights to the private entity, it shall do so only at fair market value. The agreement may also provide the private entity the right of first refusal to undertake projects utilizing airspace owned by the state in the vicinity of the public-private project.
(((8))) (7) Agreements under this section may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan, design, finance, acquire, build, install, operate, enforce laws, and maintain toll highways, bridges, and tunnels and which will not unreasonably inhibit or prohibit the development of additional public transportation systems and facilities. Agreements under this section must secure and maintain liability insurance coverage in amounts appropriate to protect the project's viability and may address state indemnification of the private entity for design and construction liability where the state has approved relevant design and construction plans.
(((9) Agreements shall include a process that provides for public involvement in decision making with respect to the development of the projects.
(10)(a) In carrying out the public involvement process required in subsection (9) of this section, the private entity shall proactively seek public participation through a process appropriate to the characteristics of the project that assesses and demonstrates public support among: Users of the project, residents of communities in the vicinity of the project, and residents of communities impacted by the project.
(b) The private entity shall conduct a comprehensive public involvement process that provides, periodically throughout the development and implementation of the project, users and residents of communities in the affected project area an opportunity to comment upon key issues regarding the project including, but not limited to: (i) Alternative sizes and scopes; (ii) design; (iii) environmental assessment; (iv) right of way and access plans; (v) traffic impacts; (vi) tolling or user fee strategies and tolling or user fee ranges; (vii) project cost; (viii) construction impacts; (ix) facility operation; and (x) any other salient characteristics.
(c) If the affected project area has not been defined, the private entity shall define the affected project area by conducting, at a minimum: (i) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (ii) an analysis of the anticipated traffic diversion patterns; (iii) an analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project; (iv) an analysis of the economic impact of tolls or user fees on the price of goods and services generally; and (v) an analysis of the relationship of the project to state transportation needs and benefits.
The agreement may require an advisory vote by users of and residents in the affected project area.
(d) In seeking public participation, the private entity shall establish a local involvement committee or committees comprised of residents of the affected project area, individuals who represent cities and counties in the affected project area, organizations formed to support or oppose the project, if such organizations exist, and users of the project. The private entity shall, at a minimum, establish a committee as required under the specifications of RCW 47.46.030(6)(b) (ii) and (iii) and appointments to such committee shall be made no later than thirty days after the project area is defined.
(e) Local involvement committees shall act in an advisory capacity to the department and the private entity on all issues related to the development and implementation of the public involvement process established under this section.
(f) The department and the private entity shall provide the legislative transportation committee and local involvement committees with progress reports on the status of the public involvement process including the results of an advisory vote, if any occurs.
(11))) (8) Nothing in this chapter limits the right of the secretary and his or her agents to render such advice and to make such recommendations as they deem to be in the best interests of the state and the public.
Sec. 14. RCW 47.46.050 and 1995 2nd sp.s. c 19 s 4 are each amended to read as follows:
FINANCIAL ARRANGEMENTS. (1) The department may enter into agreements using federal, state, and local financing in connection with the projects, including without limitation, grants, loans, and other measures authorized by ((section 1012 of ISTEA)) federal law, and to do such things as necessary and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this section.
(2) Agreements entered into under this section ((shall)) may authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or tolls within the designated area to allow a reasonable rate of return on investment, as established through a negotiated agreement between the state and the private entity. The negotiated agreement shall determine a maximum development fee and, where appropriate, a maximum rate of return on investment, based on project and financing characteristics. If the negotiated rate of return on investment or development fee is not affected, the private entity may establish and modify toll rates and user fees.
(3) Agreements that include a maximum rate of return may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive rates of return shall be designed to provide financial benefits to the affected public jurisdictions and the private entity, given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of return shall be negotiated in the agreement.
(4) Agreements shall require that over the term of the ownership or lease the user fees or toll revenues be applied only to payment of ((the private entity's)):
(a) The capital outlay costs for the project, including ((project development costs, interest expense,)) the costs associated with planning, design, development, financing, construction, improvement, operations, toll collection, maintenance, and administration of the project((,)); ((reimbursement to the state for all costs associated with an election as required under RCW 47.46.030,))
(b) The costs of project review and oversight, and technical and law enforcement services((,));
(c) The establishment of a fund to assure the adequacy of maintenance expenditures((,)); and
(d) A reasonable return on investment to the private entity. A negotiated agreement shall not extend the term of the ownership or lease beyond the period of time required for payment of the private entity's capital outlay costs for the project under this subsection.
Sec. 15. RCW 47.46.060 and 1998 c 179 s 4 are each amended to read as follows:
DEFERRAL OF TAXES. (1) Any person, including the department of transportation and any private entity ((that is party to an agreement under this chapter)) or entities, may apply for deferral of taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment which will become a part of, and the rental of equipment for use in the state route number 16 corridor improvements project under this chapter. Application shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within sixty days if it meets the requirements of this section.
(2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the project. ((The use of the certificate shall be governed by rules established by the department of revenue.))
(3) The department of transportation or a private entity granted a tax deferral under this section shall begin paying the deferred taxes in the fifth year after the date certified by the department of revenue as the date on which the project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment shall equal ten percent of the deferred tax. The project is operationally complete under this section when the collection of tolls is commenced for the state route number 16 improvements covered by the deferral.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the department of transportation or a private entity granted a deferral under this section.
(5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of the private entity. Transfer of ownership does not terminate the deferral.
(6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section.
Sec. 16. RCW 47.56.030 and 2001 c 59 s 1 are each amended to read as follows:
DEPARTMENT'S POWERS AND DUTIES REGARDING TOLL FACILITIES. (1) Except as permitted under chapter 47.46 RCW:
(a) The department of transportation shall have full charge of the construction of all toll bridges and other toll facilities including the Washington state ferries, and the operation and maintenance thereof.
(b) The transportation commission shall determine and establish the tolls and charges thereon, and shall perform all duties and exercise all powers relating to the financing, refinancing, and fiscal management of all toll bridges and other toll facilities including the Washington state ferries, and bonded indebtedness in the manner provided by law.
(c) The department shall have full charge of design of all toll facilities.
(d) Except as provided in this section, the department shall proceed with the construction of such toll bridges and other facilities and the approaches thereto by contract in the manner of state highway construction immediately upon there being made available funds for such work and shall prosecute such work to completion as rapidly as practicable. The department is authorized to negotiate contracts for any amount without bid under (((a))) (d)(i) and (((b))) (ii) of this subsection:
(((a))) (i) Emergency contracts, in order to make repairs to ferries or ferry terminal facilities or removal of such facilities whenever continued use of ferries or ferry terminal facilities constitutes a real or immediate danger to the traveling public or precludes prudent use of such ferries or facilities; and
(((b))) (ii) Single source contracts for vessel dry dockings, when there is clearly and legitimately only one available bidder to conduct dry dock-related work for a specific class or classes of vessels. The contracts may be entered into for a single vessel dry docking or for multiple vessel dry dockings for a period not to exceed two years.
(2) The department shall proceed with the procurement of materials, supplies, services, and equipment needed for the support, maintenance, and use of a ferry, ferry terminal, or other facility operated by Washington state ferries, in accordance with chapter 43.19 RCW except as follows:
(a) Except as provided in (d) of this subsection, when the secretary of the department of transportation determines in writing that the use of invitation for bid is either not practicable or not advantageous to the state and it may be necessary to make competitive evaluations, including technical or performance evaluations among acceptable proposals to complete the contract award, a contract may be entered into by use of a competitive sealed proposals method, and a formal request for proposals solicitation. Such formal request for proposals solicitation shall include a functional description of the needs and requirements of the state and the significant factors.
(b) When purchases are made through a formal request for proposals solicitation the contract shall be awarded to the responsible proposer whose competitive sealed proposal is determined in writing to be the most advantageous to the state taking into consideration price and other evaluation factors set forth in the request for proposals. No significant factors may be used in evaluating a proposal that are not specified in the request for proposals. Factors that may be considered in evaluating proposals include but are not limited to: Price; maintainability; reliability; commonality; performance levels; life cycle cost if applicable under this section; cost of transportation or delivery; delivery schedule offered; installation cost; cost of spare parts; availability of parts and service offered; and the following:
(i) The ability, capacity, and skill of the proposer to perform the contract or provide the service required;
(ii) The character, integrity, reputation, judgment, experience, and efficiency of the proposer;
(iii) Whether the proposer can perform the contract within the time specified;
(iv) The quality of performance of previous contracts or services;
(v) The previous and existing compliance by the proposer with laws relating to the contract or services;
(vi) Objective, measurable criteria defined in the request for proposal. These criteria may include but are not limited to items such as discounts, delivery costs, maintenance services costs, installation costs, and transportation costs; and
(vii) Such other information as may be secured having a bearing on the decision to award the contract.
(c) When purchases are made through a request for proposal process, proposals received shall be evaluated based on the evaluation factors set forth in the request for proposal. When issuing a request for proposal for the procurement of propulsion equipment or systems that include an engine, the request for proposal must specify the use of a life cycle cost analysis that includes an evaluation of fuel efficiency. When a life cycle cost analysis is used, the life cycle cost of a proposal shall be given at least the same relative importance as the initial price element specified in the request of proposal documents. The department may reject any and all proposals received. If the proposals are not rejected, the award shall be made to the proposer whose proposal is most advantageous to the department, considering price and the other evaluation factors set forth in the request for proposal.
(d) If the department is procuring large equipment or systems (e.g., electrical, propulsion) needed for the support, maintenance, and use of a ferry operated by Washington state ferries, the department shall proceed with a formal request for proposal solicitation under this subsection (2) without a determination of necessity by the secretary.
Sec. 17. RCW 47.56.270 and 1983 c 3 s 129 are each amended to read as follows:
LAKE WASHINGTON AND 1950 TACOMA NARROWS BRIDGE MADE PART OF PRIMARY HIGHWAYS. The Lake Washington bridge ((and the Tacoma Narrows bridge)) in chapter 47.17 RCW made a part of the primary state highways of the state of Washington, shall, upon completion, be operated, maintained, kept up, and repaired by the department in the manner provided in this chapter, and the cost of such operation, maintenance, upkeep, and repair shall be paid from funds appropriated for the use of the department for the construction and maintenance of the primary state highways of the state of Washington.
Sec. 18. RCW 47.56.271 and 1983 c 3 s 130 are each amended to read as follows:
1950 TACOMA NARROWS BRIDGE TO REMAIN TOLL-FREE--EXCEPTION. Except as otherwise provided in this section, the 1950 Tacoma Narrows bridge hereinbefore by the provisions of RCW 47.17.065 and 47.56.270 made a part of the primary state highways of the state shall be operated and maintained by the department as a toll-free facility at such time as the ((present)) bonded indebtedness relating ((thereto)) to the construction of the 1950 Tacoma Narrows bridge is wholly retired and tolls equaling the ((present)) indebtedness of the toll bridge authority incurred for the construction of the 1950 Tacoma Narrows bridge to the county of Pierce have been collected. ((It is the express intent of the legislature that the provisions of RCW 47.56.245 (section 47.56.245, chapter 13, Laws of 1961) shall not be applicable to the Tacoma Narrows bridge.)) Toll charges may be imposed upon the 1950 Tacoma Narrows bridge only if that bridge is included as part of a public toll bridge facility that includes an additional toll bridge adjacent to the 1950 Tacoma Narrows bridge and constructed under section 5 of this act.
NEW SECTION. Sec. 19. LEGISLATIVE OVERSIGHT COMMITTEE. The department of transportation shall provide staff support to a legislative oversight committee that will manage a study of public-private partnerships in transportation. The legislative oversight committee will consist of three members from each caucus in each house of the legislature, appointed by the leadership of the legislators' respective caucus. The legislative oversight committee must analyze and make recommendations on: (1) The barriers that prevent the private sector from providing transportation services, which could include ferry, bus, or monorail; (2) the use of public-private partnerships nationally and the experiences of other states in using public-private partnerships; (3) the public-private opportunities for transportation projects in Washington; and (4) the advantages and disadvantages of the financing options available for public-private partnerships. The legislative oversight committee shall report its findings and recommendations to the legislature by December 1, 2003.
NEW SECTION. Sec. 20. CAPTIONS. Captions used in this act do not constitute any part of the law.
NEW SECTION. Sec. 21. If Senate Bill No. 6349, as may be amended, does not pass into law during any 2002 regular or special legislative session, this act is null and void in its entirety."
MOTION
Senator Haugen moved that the following striking amendment by Senators Haugen and Benton be adopted:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. INTENT. The legislature finds that greater flexibility to provide state financing for projects developed under chapter 47.46 RCW will result in better use of public resources, lower financing costs, and potential savings to taxpayers. The legislature intends to: Clarify the ability of the department of transportation to use public and private financing for projects selected and developed under chapter 47.46 RCW; provide the department with specific means of state financing where that financing is in the public's best interest; provide citizens living in the impacted areas a statutory mechanism to review proposed toll rates and provide input before adoption of toll schedules by the toll authority; and prevent unreasonable delay of critical transportation projects that are essential for public safety and welfare.
Sec. 2. RCW 47.56.010 and 1984 c 7 s 246 are each amended to read as follows:
PROVIDING DEFINITION FOR 1950 TACOMA NARROWS BRIDGE. As used in this chapter:
(1) "Toll bridge" means a bridge constructed or acquired under this chapter, upon which tolls are charged, together with all appurtenances, additions, alterations, improvements, and replacements thereof, and the approaches thereto, and all lands and interests used therefor, and buildings and improvements thereon.
(2) "Toll road" means any express highway, superhighway, or motorway at such locations and between such termini as may be established by law, and constructed or to be constructed as a limited access highway under the provisions of this chapter by the department, and shall include, but not be limited to, all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service facilities, communications facilities, and administration, storage, and other buildings that the department may deem necessary for the operation of the project, together with all property, rights, easements, and interests that may be acquired by the department for the construction or the operation of the project, all of which shall be conducted in the same manner and under the same procedure as provided for the establishing, constructing, operating, and maintaining of toll bridges by the department, insofar as those procedures are reasonably consistent and applicable.
(3) "1950 Tacoma Narrows bridge" means the bridge crossing the Tacoma Narrows that was opened to vehicle travel in 1950.
Sec. 3. RCW 47.46.030 and 1996 c 280 s 1 are each amended to read as follows:
DEMONSTRATION PROJECTS--SELECTION--PUBLIC INVOLVEMENT. (1) The secretary or a designee shall solicit proposals from, and negotiate and enter into agreements with, private entities to undertake as appropriate, together with the department and other public entities, all or a portion of the study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole or in part public or private sources of financing.
The public-private initiatives program may develop up to six demonstration projects. Each proposal shall be weighed on its own merits, and each of the six agreements shall be negotiated individually, and as a stand-alone project.
(2) If project proposals selected prior to September 1, 1994, are terminated by the public or private sectors, the department shall not select any new projects, including project proposals submitted to the department prior to September 1, 1994, and designated by the transportation commission as placeholder projects, after June 16, 1995, until June 30, 1997.
((The department, in consultation with the legislative transportation committee, shall conduct a program and fiscal audit of the public-private initiatives program for the biennium ending June 30, 1997. The department shall submit a progress report to the legislative transportation committee on the program and fiscal audit by June 30, 1996, with preliminary and final audit reports due December 1, 1996, and June 30, 1997, respectively.
The department shall develop and submit a proposed public involvement plan to the 1997 legislature to identify the process for selecting new potential projects and the associated costs of implementing the plan. The legislature must adopt the public involvement plan before the department may proceed with any activity related to project identification and selection. Following legislative adoption of the public involvement plan, the department is authorized to implement the plan and to identify potential new projects.
The public involvement plan for projects selected after June 30, 1997, shall, at a minimum, identify projects that: (a) Have the potential of achieving overall public support among users of the projects, residents of communities in the vicinity of the projects, and residents of communities impacted by the projects; (b) meet a state transportation need; (c) provide a significant state benefit; and (d) provide competition among proposers and maximum cost benefits to users. Prospective projects may include projects identified by the department or submitted by the private sector.))
Projects that meet the minimum criteria established under this section ((and the requirements of the public involvement plan developed by the department and approved by the legislature)) shall be submitted to the Washington state transportation commission for its review. The commission, in turn, shall submit a list of eligible projects to the legislative transportation committee for its consideration. Forty-five days after the submission to the legislative transportation committee of the list of eligible projects, the secretary is authorized to solicit proposals for the eligible project.
(((3) Prior to entering into agreements with private entities under the requirements of RCW 47.46.040 for any project proposal selected before September 1, 1994, or after June 30, 1997, except as provided for in subsections (11) and (12) of this section, the department shall require an advisory vote as provided under subsections (5) through (10) of this section.
(4) The advisory vote shall apply to project proposals selected prior to September 1, 1994, or after June 30, 1997, that receive public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project collected and submitted in accordance with the dates established in subsections (12) and (13) of this section. The advisory vote shall be on the preferred alternative identified under the requirements of chapter 43.21C RCW and, if applicable, the national environmental policy act, 42 U.S.C. 4321 et seq. The execution by the department of the advisory vote process established in this section is subject to the prior appropriation of funds by the legislature for the purpose of conducting environmental impact studies, a public involvement program, local involvement committee activities, traffic and economic impact analyses, engineering and technical studies, and the advisory vote.
(5) In preparing for the advisory vote, the department shall conduct a comprehensive analysis of traffic patterns and economic impact to define the geographical boundary of the project area that is affected by the imposition of tolls or user fees authorized under this chapter. The area so defined is referred to in this section as the affected project area. In defining the affected project area, the department shall, at a minimum, undertake: (a) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (b) an analysis of the anticipated traffic diversion patterns; (c) an analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project; (d) an analysis of the economic impact of tolls or user fees on the price of goods and services generally; and (e) an analysis of the relationship of the project to state transportation needs and benefits.
(6)(a) After determining the definition of the affected project area, the department shall establish a committee comprised of individuals who represent cities and counties in the affected project area; organizations formed to support or oppose the project; and users of the project. The committee shall be named the public-private local involvement committee, and be known as the local involvement committee.
(b) The members of the local involvement committee shall be: (i) An elected official from each city within the affected project area; (ii) an elected official from each county within the affected project area; (iii) two persons from each county within the affected project area who represent an organization formed in support of the project, if the organization exists; (iv) two persons from each county within the affected project area who represent an organization formed to oppose the project, if the organization exists; and (v) four public members active in a statewide transportation organization. If the committee makeup results in an even number of committee members, there shall be an additional appointment of an elected official from the county in which all, or the greatest portion of the project is located.
(c) City and county elected officials shall be appointed by a majority of the members of the city or county legislative authorities of each city or county within the affected project area, respectively. The county legislative authority of each county within the affected project area shall identify and validate organizations officially formed in support of or in opposition to the project and shall make the appointments required under this section from a list submitted by the chair of the organizations. Public members shall be appointed by the governor. All appointments to the local involvement committee shall be made and submitted to the department of transportation no later than January 1, 1996, for projects selected prior to September 1, 1994, and no later than thirty days after the affected project area is defined for projects selected after June 30, 1997. Vacancies in the membership of the local involvement committee shall be filled by the appointing authority under (b)(i) through (v) of this subsection for each position on the committee.
(d) The local involvement committee shall serve in an advisory capacity to the department on all matters related to the execution of the advisory vote.
(e) Members of the local involvement committee serve without compensation and may not receive subsistence, lodging expenses, or travel expenses.
(7) The department shall conduct a minimum thirty-day public comment period on the definition of the geographical boundary of the project area. The department, in consultation with the local involvement committee, shall make adjustments, if required, to the definition of the geographical boundary of the affected project area, based on comments received from the public. Within fourteen calendar days after the public comment period, the department shall set the boundaries of the affected project area in units no smaller than a precinct as defined in RCW 29.01.120.
(8) The department, in consultation with the local involvement committee, shall develop a description for selected project proposals. After developing the description of the project proposal, the department shall publish the project proposal description in newspapers of general circulation for seven calendar days in the affected project area. Within fourteen calendar days after the last day of the publication of the project proposal description, the department shall transmit a copy of the map depicting the affected project area and the description of the project proposal to the county auditor of the county in which any portion of the affected project area is located.
(9) The department shall provide the legislative transportation committee with progress reports on the status of the definition of the affected project area and the description of the project proposal.
(10) Upon receipt of the map and the description of the project proposal, the county auditor shall, within thirty days, verify the precincts that are located within the affected project area. The county auditor shall prepare the text identifying and describing the affected project area and the project proposal using the definition of the geographical boundary of the affected project area and the project description submitted by the department and shall set an election date for the submission of a ballot proposition authorizing the imposition of tolls or user fees to implement the proposed project within the affected project area, which date may be the next succeeding general election to be held in the state, or at a special election, if requested by the department. The text of the project proposal must appear in a voter's pamphlet for the affected project area. The department shall pay the costs of publication and distribution. The special election date must be the next date for a special election provided under RCW 29.13.020 that is at least sixty days but, if authorized under RCW 29.13.020, no more than ninety days after the receipt of the final map and project description by the auditor. The department shall pay the cost of an election held under this section.
(11) Notwithstanding any other provision of law, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies, a public involvement program, and engineering and technical studies funded by the legislature. For projects subject to this subsection, the department shall not enter into an agreement under RCW 47.46.040 prior to the advisory vote on the preferred alternative.
(12) Subsections (5) through (10) of this section shall not apply to project proposals selected prior to September 1, 1994, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project, collected and submitted after September 1, 1994, and by thirty calendar days after June 16, 1995.
(13) Subsections (5) through (10) of this section shall not apply to project proposals selected after June 30, 1997, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project, collected and submitted by ninety calendar days after project selection.))
NEW SECTION. Sec. 4. A new section is added to chapter 47.46 RCW to read as follows:
USE OF STATE BONDS ON CERTAIN PROJECTS. (1) To the extent that the legislature specifically appropriates funding for a project developed under this chapter using the proceeds of bonds issued by the state, an agreement for the design or construction of the project entered into by the secretary must incorporate provisions that are consistent with the use of the state financing provided by the appropriation.
(2) The secretary shall amend existing agreements or execute new agreements to comply with subsection (1) of this section.
(3) If the secretary is unable to reach agreement with other parties on contractual provisions providing for state financing, the secretary shall not enter into an agreement, or shall take no action with respect to an agreement, or shall exercise termination provisions.
NEW SECTION. Sec. 5. A new section is added to chapter 47.46 RCW to read as follows:
STATE TOLL FACILITIES AUTHORIZED FOR PPI PROJECTS. The department may provide for the establishment and construction of state toll bridge facilities upon any public highways of this state together with approaches to them under agreements entered into under this chapter to develop such facilities. A state toll bridge facility authorized under this section includes, but is not limited to, the construction of an additional toll bridge, including approaches, adjacent to and within two miles of an existing bridge, the imposition of tolls on both bridges, and the operation of both bridges as one toll facility.
NEW SECTION. Sec. 6. A new section is added to chapter 47.46 RCW to read as follows:
CITIZEN ADVISORY COMMITTEE CREATED. (1) A citizen advisory committee must be created for any project developed under this chapter that imposes toll charges for use of a transportation facility. The governor shall appoint nine members to the committee, all of whom must be permanent residents of the affected project area, as that term is defined by the department.
(2) The citizen advisory committee shall serve in an advisory capacity to the commission on all matters related to the imposition of tolls. Members of the committee shall serve without compensation.
(3) No toll charge may be imposed or modified unless the citizen advisory committee has been given at least twenty days to review and comment on any proposed toll charge schedule. In setting toll rates, the commission shall give consideration to any recommendations of the citizen advisory committee.
NEW SECTION. Sec. 7. A new section is added to chapter 47.46 RCW to read as follows:
COMMISSION TO ESTABLISH TOLL CHARGES. (1) The commission shall fix the rates of toll and other charges for all toll bridges built under this chapter that are financed primarily by bonds issued by the state. Subject to section 6 of this act, the commission may impose and modify toll charges from time to time as conditions warrant.
(2) In establishing toll charges, the commission shall give due consideration to any required costs for operating and maintaining the toll bridge or toll bridges, including the cost of insurance, and to any amount required by law to meet the redemption of bonds and interest payments on them.
(3) The toll charges must be imposed in amounts sufficient to:
(a) Provide annual revenue sufficient to provide for annual operating and maintenance expenses;
(b) Make payments required under sections 11 and 12 of this act, including insurance costs and the payment of principal and interest on bonds issued for any toll bridge or toll bridges authorized under this chapter; and
(c) Repay the motor vehicle fund under sections 8, 11, and 12 of this act.
(4) The bond principal and interest payments, including repayment of the motor vehicle fund for amounts transferred from that fund to provide for such principal and interest payments, constitute a first direct and exclusive charge and lien on all tolls and other revenues from the toll bridge concerned, subject to operating and maintenance expenses.
NEW SECTION. Sec. 8. A new section is added to chapter 47.46 RCW to read as follows:
TERM OF TOLLS. (1) The commission shall retain toll charges on any existing and future facilities constructed under this chapter and financed primarily by bonds issued by the state until:
(a) All costs of investigation, financing, acquisition of property, and construction advanced from the motor vehicle fund have been fully repaid, except for funds previously expended from a legislative appropriation prior to the effective date of this act;
(b) Obligations incurred in constructing that facility have been fully paid; and
(c) The motor vehicle fund is fully repaid under section 12 of this act.
(2) This section does not prohibit the use of toll revenues to fund maintenance, operations, or management of facilities constructed under this chapter.
(3) Notwithstanding the provisions of subsection (2) of this section, upon satisfaction of the conditions enumerated in subsection (1) of this section:
(a) The facility must be operated as a toll-free facility; and
(b) The operation, maintenance, upkeep, and repair of the facility must be paid from funds appropriated for the use of the department for the construction and maintenance of the primary state highways of the state of Washington.
NEW SECTION. Sec. 9. A new section is added to chapter 47.46 RCW to read as follows:
TOLL INCREASES IN EXCESS OF FISCAL GROWTH FACTOR. Pursuant to RCW 43.135.055, the legislature authorizes the transportation commission to increase bridge tolls in excess of the fiscal growth factor.
NEW SECTION. Sec. 10. A new section is added to chapter 47.46 RCW to read as follows:
USE OF STATE BOND PROCEEDS. Proceeds of the sale of bonds issued by the state for projects constructed under this chapter must be deposited in the state treasury to the credit of a special account designated for those purposes. Those proceeds must be expended only for the purposes enumerated in this chapter, for payment of the expense incurred in the issuance and sale of any such bonds, and to repay the motor vehicle fund, except for funds previously expended from a legislative appropriation prior to the effective date of this act, for any sums advanced to pay the cost of surveys, location, design, development, right-of-way, and other activities related to the financing and construction of the bridge and its approaches.
NEW SECTION. Sec. 11. A new section is added to chapter 47.46 RCW to read as follows:
TACOMA NARROWS TOLL BRIDGE ACCOUNT CREATED. A special account to be known as the Tacoma Narrows toll bridge account is created in the motor vehicle fund in the state treasury.
(1) Deposits to the account must include:
(a) All proceeds of bonds issued for construction of the Tacoma Narrows public-private initiative project, including any capitalized interest;
(b) All of the toll charges and other revenues received from the operation of the Tacoma Narrows bridge as a toll facility, to be deposited at least monthly; and
(c) Any interest that may be earned from the deposit or investment of those revenues.
(2) Proceeds of bonds shall be used consistent with section 10 of this act, including the reimbursement of expenses and fees incurred under agreements entered into under RCW 47.46.040 as required by those agreements.
(3) Toll charges, other revenues, and interest may be used to:
(a) Pay any required costs of financing, operation, maintenance, and management and necessary repairs of the facility; and
(b) Repay amounts to the motor vehicle fund as required under section 12 of this act.
(4) When repaying the motor vehicle fund under section 12 of this act, the state treasurer shall transfer funds from the Tacoma Narrows toll bridge account to the motor vehicle fund on or before each debt service date for bonds issued for the Tacoma Narrows public-private initiative project in an amount sufficient to repay the motor vehicle fund for amounts transferred from that fund to the highway bond retirement fund to provide for any bond principal and interest due on that date. The state treasurer may establish subaccounts for the purpose of segregating toll charges, bond sale proceeds, and other revenues.
NEW SECTION. Sec. 12. A new section is added to chapter 47.46 RCW to read as follows:
TOLL CHARGES REMAIN ON FACILITY TO REPAY MOTOR VEHICLE FUND. Toll charges must be used to repay the motor vehicle fund consistent with section 11 of this act for any amounts transferred from the motor vehicle fund to the highway bond retirement fund under RCW 47.10.847 to provide for bond retirement and interest on bonds issued for the Tacoma Narrows public-private initiative project. Toll charges must remain on any facility financed by bonds issued by the state for a length of time necessary to repay the motor vehicle fund, except for funds previously expended from a legislative appropriation prior to the effective date of this act, for any amounts expended from that fund for the design, development, right-of-way, financing, construction, maintenance, repair, or operation of the toll facility or for amounts transferred from the motor vehicle fund to the highway bond retirement fund under RCW 47.10.847 to provide for bond retirement and interest on bonds issued for the Tacoma Narrows public-private initiative project.
NEW SECTION. Sec. 13. A new section is added to chapter 47.46 RCW to read as follows:
ALTERATION DOES NOT CONSTITUTE NEW PROPOSAL. If a proposal is or has been selected for the design, development, construction, maintenance, or operation of transportation systems or facilities under this chapter, subsequent agreements may be made to implement portions of the proposal that modify the proposal or that do not incorporate all the features of the proposal. Any such modified agreement does not require the solicitation or consideration of additional proposals for all or any portion of the services rendered under that modified agreement. Modified agreements may provide for the reimbursement of expenses and fees incurred under earlier agreements.
NEW SECTION. Sec. 14. A new section is added to chapter 47.46 RCW to read as follows:
APPLICABLE RULES AND STATUTES. All projects designed, constructed, and operated under this chapter must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
NEW SECTION. Sec. 15. A new section is added to chapter 47.46 RCW to read as follows:
APPLICATION OF RCW 47.46.040 AND 47.46.050. RCW 47.46.040 and 47.46.050 apply only to those agreements that include private sources of financing in whole or in part.
Sec. 16. RCW 47.46.040 and 2001 c 64 s 14 are each amended to read as follows:
DEMONSTRATION PROJECTS--TERMS OF AGREEMENTS--PUBLIC PARTICIPATION. (1) ((All projects designed, constructed, and operated under this authority must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
(2))) The secretary or a designee shall consult with legal, financial, and other experts within and outside state government in the negotiation and development of the agreements.
(((3))) (2) Agreements ((shall)) may provide for private ownership of the projects during the construction period. After completion and final acceptance of each project or discrete segment thereof, the agreement ((shall)) may provide for state ownership of the transportation systems and facilities and lease to the private entity unless the state elects to provide for ownership of the facility by the private entity during the term of the agreement.
The state ((shall)) may lease each of the demonstration projects, or applicable project segments, to the private entities for operating purposes for up to fifty years.
(((4))) (3) The department may exercise any power possessed by it to facilitate the development, construction, financing operation, and maintenance of transportation projects under this ((chapter)) section. Agreements for maintenance services entered into under this section shall provide for full reimbursement for services rendered by the department or other state agencies. Agreements for police services for projects, involving state highway routes, developed under agreements shall be entered into with the Washington state patrol. The agreement for police services shall provide that the state patrol will be reimbursed for costs on a comparable basis with the costs incurred for comparable service on other state highway routes. The department may provide services for which it is reimbursed, including but not limited to preliminary planning, environmental certification, and preliminary design of the demonstration projects.
(((5))) (4) The plans and specifications for each project constructed under this section shall comply with the department's standards for state projects. A facility constructed by and leased to a private entity is deemed to be a part of the state highway system for purposes of identification, maintenance, and enforcement of traffic laws and for the purposes of applicable sections of this title. Upon reversion of the facility to the state, the project must meet all applicable state standards. Agreements shall address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable state standards upon reversion of the facility to the state.
(((6))) (5) For the purpose of facilitating these projects and to assist the private entity in the financing, development, construction, and operation of the transportation systems and facilities, the agreements may include provisions for the department to exercise its authority, including the lease of facilities, rights of way, and airspace, exercise of the power of eminent domain, granting of development rights and opportunities, granting of necessary easements and rights of access, issuance of permits and other authorizations, protection from competition, remedies in the event of default of either of the parties, granting of contractual and real property rights, liability during construction and the term of the lease, authority to negotiate acquisition of rights of way in excess of appraised value, and any other provision deemed necessary by the secretary.
(((7))) (6) The agreements entered into under this section may include provisions authorizing the state to grant necessary easements and lease to a private entity existing rights of way or rights of way subsequently acquired with public or private financing. The agreements may also include provisions to lease to the entity airspace above or below the right of way associated or to be associated with the private entity's transportation facility. In consideration for the reversion rights in these privately constructed facilities, the department may negotiate a charge for the lease of airspace rights during the term of the agreement for a period not to exceed fifty years. If, after the expiration of this period, the department continues to lease these airspace rights to the private entity, it shall do so only at fair market value. The agreement may also provide the private entity the right of first refusal to undertake projects utilizing airspace owned by the state in the vicinity of the public-private project.
(((8))) (7) Agreements under this section may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan, design, finance, acquire, build, install, operate, enforce laws, and maintain toll highways, bridges, and tunnels and which will not unreasonably inhibit or prohibit the development of additional public transportation systems and facilities. Agreements under this section must secure and maintain liability insurance coverage in amounts appropriate to protect the project's viability and may address state indemnification of the private entity for design and construction liability where the state has approved relevant design and construction plans.
(((9) Agreements shall include a process that provides for public involvement in decision making with respect to the development of the projects.
(10)(a) In carrying out the public involvement process required in subsection (9) of this section, the private entity shall proactively seek public participation through a process appropriate to the characteristics of the project that assesses and demonstrates public support among: Users of the project, residents of communities in the vicinity of the project, and residents of communities impacted by the project.
(b) The private entity shall conduct a comprehensive public involvement process that provides, periodically throughout the development and implementation of the project, users and residents of communities in the affected project area an opportunity to comment upon key issues regarding the project including, but not limited to: (i) Alternative sizes and scopes; (ii) design; (iii) environmental assessment; (iv) right of way and access plans; (v) traffic impacts; (vi) tolling or user fee strategies and tolling or user fee ranges; (vii) project cost; (viii) construction impacts; (ix) facility operation; and (x) any other salient characteristics.
(c) If the affected project area has not been defined, the private entity shall define the affected project area by conducting, at a minimum: (i) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (ii) an analysis of the anticipated traffic diversion patterns; (iii) an analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project; (iv) an analysis of the economic impact of tolls or user fees on the price of goods and services generally; and (v) an analysis of the relationship of the project to state transportation needs and benefits.
The agreement may require an advisory vote by users of and residents in the affected project area.
(d) In seeking public participation, the private entity shall establish a local involvement committee or committees comprised of residents of the affected project area, individuals who represent cities and counties in the affected project area, organizations formed to support or oppose the project, if such organizations exist, and users of the project. The private entity shall, at a minimum, establish a committee as required under the specifications of RCW 47.46.030(6)(b) (ii) and (iii) and appointments to such committee shall be made no later than thirty days after the project area is defined.
(e) Local involvement committees shall act in an advisory capacity to the department and the private entity on all issues related to the development and implementation of the public involvement process established under this section.
(f) The department and the private entity shall provide the legislative transportation committee and local involvement committees with progress reports on the status of the public involvement process including the results of an advisory vote, if any occurs.
(11))) (8) Nothing in this chapter limits the right of the secretary and his or her agents to render such advice and to make such recommendations as they deem to be in the best interests of the state and the public.
Sec. 17. RCW 47.46.050 and 1995 2nd sp.s. c 19 s 4 are each amended to read as follows:
FINANCIAL ARRANGEMENTS. (1) The department may enter into agreements using federal, state, and local financing in connection with the projects, including without limitation, grants, loans, and other measures authorized by ((section 1012 of ISTEA)) federal law, and to do such things as necessary and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this section.
(2) Agreements entered into under this section ((shall)) may authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or tolls within the designated area to allow a reasonable rate of return on investment, as established through a negotiated agreement between the state and the private entity. The negotiated agreement shall determine a maximum development fee and, where appropriate, a maximum rate of return on investment, based on project and financing characteristics. If the negotiated rate of return on investment or development fee is not affected, the private entity may establish and modify toll rates and user fees.
(3) Agreements that include a maximum rate of return may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive rates of return shall be designed to provide financial benefits to the affected public jurisdictions and the private entity, given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of return shall be negotiated in the agreement.
(4) Agreements shall require that over the term of the ownership or lease the user fees or toll revenues be applied only to payment of ((the private entity's)):
(a) The capital outlay costs for the project, including ((project development costs, interest expense,)) the costs associated with planning, design, development, financing, construction, improvement, operations, toll collection, maintenance, and administration of the project((,));
(b) The reimbursement to the state for all costs associated with ((an election as required under RCW 47.46.030, the costs of)) project review and oversight((,)) and technical and law enforcement services((,));
(c) The establishment of a fund to assure the adequacy of maintenance expenditures((,)); and
(d) A reasonable return on investment to the private entity. A negotiated agreement shall not extend the term of the ownership or lease beyond the period of time required for payment of the private entity's capital outlay costs for the project under this subsection.
Sec. 18. RCW 47.46.060 and 1998 c 179 s 4 are each amended to read as follows:
DEFERRAL OF TAXES. (1) Any person, including the department of transportation and any private entity ((that is party to an agreement under this chapter)) or entities, may apply for deferral of taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment which will become a part of, and the rental of equipment for use in the state route number 16 corridor improvements project under this chapter. Application shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application shall contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within sixty days if it meets the requirements of this section.
(2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes due under chapters 82.08, 82.12, and 82.14 RCW on the project. ((The use of the certificate shall be governed by rules established by the department of revenue.))
(3) The department of transportation or a private entity granted a tax deferral under this section shall begin paying the deferred taxes in the fifth year after the date certified by the department of revenue as the date on which the project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment shall equal ten percent of the deferred tax. The project is operationally complete under this section when the collection of tolls is commenced for the state route number 16 improvements covered by the deferral.
(4) The department of revenue may authorize an accelerated repayment schedule upon request of the department of transportation or a private entity granted a deferral under this section.
(5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of the private entity. Transfer of ownership does not terminate the deferral.
(6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section.
Sec. 19. RCW 47.56.030 and 2001 c 59 s 1 are each amended to read as follows:
DEPARTMENT'S POWERS AND DUTIES REGARDING TOLL FACILITIES. (1) Except as permitted under chapter 47.46 RCW:
(a) The department of transportation shall have full charge of the construction of all toll bridges and other toll facilities including the Washington state ferries, and the operation and maintenance thereof.
(b) The transportation commission shall determine and establish the tolls and charges thereon, and shall perform all duties and exercise all powers relating to the financing, refinancing, and fiscal management of all toll bridges and other toll facilities including the Washington state ferries, and bonded indebtedness in the manner provided by law.
(c) The department shall have full charge of design of all toll facilities.
(d) Except as provided in this section, the department shall proceed with the construction of such toll bridges and other facilities and the approaches thereto by contract in the manner of state highway construction immediately upon there being made available funds for such work and shall prosecute such work to completion as rapidly as practicable. The department is authorized to negotiate contracts for any amount without bid under (((a))) (d)(i) and (((b))) (ii) of this subsection:
(((a))) (i) Emergency contracts, in order to make repairs to ferries or ferry terminal facilities or removal of such facilities whenever continued use of ferries or ferry terminal facilities constitutes a real or immediate danger to the traveling public or precludes prudent use of such ferries or facilities; and
(((b))) (ii) Single source contracts for vessel dry dockings, when there is clearly and legitimately only one available bidder to conduct dry dock-related work for a specific class or classes of vessels. The contracts may be entered into for a single vessel dry docking or for multiple vessel dry dockings for a period not to exceed two years.
(2) The department shall proceed with the procurement of materials, supplies, services, and equipment needed for the support, maintenance, and use of a ferry, ferry terminal, or other facility operated by Washington state ferries, in accordance with chapter 43.19 RCW except as follows:
(a) Except as provided in (d) of this subsection, when the secretary of the department of transportation determines in writing that the use of invitation for bid is either not practicable or not advantageous to the state and it may be necessary to make competitive evaluations, including technical or performance evaluations among acceptable proposals to complete the contract award, a contract may be entered into by use of a competitive sealed proposals method, and a formal request for proposals solicitation. Such formal request for proposals solicitation shall include a functional description of the needs and requirements of the state and the significant factors.
(b) When purchases are made through a formal request for proposals solicitation the contract shall be awarded to the responsible proposer whose competitive sealed proposal is determined in writing to be the most advantageous to the state taking into consideration price and other evaluation factors set forth in the request for proposals. No significant factors may be used in evaluating a proposal that are not specified in the request for proposals. Factors that may be considered in evaluating proposals include but are not limited to: Price; maintainability; reliability; commonality; performance levels; life cycle cost if applicable under this section; cost of transportation or delivery; delivery schedule offered; installation cost; cost of spare parts; availability of parts and service offered; and the following:
(i) The ability, capacity, and skill of the proposer to perform the contract or provide the service required;
(ii) The character, integrity, reputation, judgment, experience, and efficiency of the proposer;
(iii) Whether the proposer can perform the contract within the time specified;
(iv) The quality of performance of previous contracts or services;
(v) The previous and existing compliance by the proposer with laws relating to the contract or services;
(vi) Objective, measurable criteria defined in the request for proposal. These criteria may include but are not limited to items such as discounts, delivery costs, maintenance services costs, installation costs, and transportation costs; and
(vii) Such other information as may be secured having a bearing on the decision to award the contract.
(c) When purchases are made through a request for proposal process, proposals received shall be evaluated based on the evaluation factors set forth in the request for proposal. When issuing a request for proposal for the procurement of propulsion equipment or systems that include an engine, the request for proposal must specify the use of a life cycle cost analysis that includes an evaluation of fuel efficiency. When a life cycle cost analysis is used, the life cycle cost of a proposal shall be given at least the same relative importance as the initial price element specified in the request of proposal documents. The department may reject any and all proposals received. If the proposals are not rejected, the award shall be made to the proposer whose proposal is most advantageous to the department, considering price and the other evaluation factors set forth in the request for proposal.
(d) If the department is procuring large equipment or systems (e.g., electrical, propulsion) needed for the support, maintenance, and use of a ferry operated by Washington state ferries, the department shall proceed with a formal request for proposal solicitation under this subsection (2) without a determination of necessity by the secretary.
Sec. 20. RCW 47.56.270 and 1983 c 3 s 129 are each amended to read as follows:
LAKE WASHINGTON AND 1950 TACOMA NARROWS BRIDGE MADE PART OF PRIMARY HIGHWAYS. The Lake Washington bridge ((and the Tacoma Narrows bridge)) in chapter 47.17 RCW made a part of the primary state highways of the state of Washington, shall, upon completion, be operated, maintained, kept up, and repaired by the department in the manner provided in this chapter, and the cost of such operation, maintenance, upkeep, and repair shall be paid from funds appropriated for the use of the department for the construction and maintenance of the primary state highways of the state of Washington.
Sec. 21. RCW 47.56.271 and 1983 c 3 s 130 are each amended to read as follows:
1950 TACOMA NARROWS BRIDGE TO REMAIN TOLL-FREE--EXCEPTION. Except as otherwise provided in this section, the 1950 Tacoma Narrows bridge hereinbefore by the provisions of RCW 47.17.065 and 47.56.270 made a part of the primary state highways of the state shall be operated and maintained by the department as a toll-free facility at such time as the ((present)) bonded indebtedness relating ((thereto)) to the construction of the 1950 Tacoma Narrows bridge is wholly retired and tolls equaling the ((present)) indebtedness of the toll bridge authority incurred for the construction of the 1950 Tacoma Narrows bridge to the county of Pierce have been collected. ((It is the express intent of the legislature that the provisions of RCW 47.56.245 (section 47.56.245, chapter 13, Laws of 1961) shall not be applicable to the Tacoma Narrows bridge.)) Toll charges may be imposed upon the 1950 Tacoma Narrows bridge only if that bridge is included as part of a public toll bridge facility that includes an additional toll bridge adjacent to the 1950 Tacoma Narrows bridge and constructed under section 5 of this act.
Sec. 22. RCW 39.46.070 and 1983 c 167 s 7 are each amended to read as follows:
BONDS--PAYMENT OF COSTS OF ISSUANCE AND SALE. (1) Except as provided in subsection (2) of this section, the proceeds of any bonds issued by the state or a local government may be used to pay incidental costs and costs related to the sale and issuance of the bonds. Such costs include payments for fiscal and legal expenses, obtaining bond ratings, printing, engraving, advertising, establishing and funding reserve accounts and other accounts, an amount for working capital, capitalized interest for up to six months after completion of construction, necessary and related engineering, architectural, planning, and inspection costs, and other similar activities or purposes.
(2) In addition to the costs enumerated in subsection (1) of this section, costs authorized under this section include capitalized interest for up to seventy-two months from the date of issuance for bonds issued by the state for the construction of a public toll bridge under chapter 47.46 RCW.
Sec. 23. RCW 47.56.245 and 1984 c 7 s 267 are each amended to read as follows:
TOLL CHARGES RETAINED UNTIL COSTS PAID. The department shall retain toll charges on all existing and future facilities until all costs of investigation, financing, acquisition of property, and construction advanced from the motor vehicle fund, except for funds previously expended from a legislative appropriation prior to the effective date of this act, and obligations incurred under RCW 47.56.250 and chapter 16, Laws of 1945 have been fully paid.
With respect to every facility completed after March 19, 1953, costs of maintenance((, management,)) and operation shall be paid periodically out of the revenues of the facility in which such costs were incurred.
Sec. 24. RCW 43.84.092 and 2001 2nd sp.s. c 14 s 608, 2001 c 273 s 6, 2001 c 141 s 3, and 2001 c 80 s 5 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
(a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the common school construction fund, the county criminal justice assistance account, the county sales and use tax equalization account, the data processing building construction account, the deferred compensation administrative account, the deferred compensation principal account, the department of retirement systems expense account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the education construction fund, the emergency reserve fund, the federal forest revolving account, the health services account, the public health services account, the health system capacity account, the personal health services account, the state higher education construction account, the higher education construction account, the highway infrastructure account, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the medical aid account, the mobile home park relocation fund, the multimodal transportation account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public health supplemental account, the Puyallup tribal settlement account, the resource management cost account, the site closure account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation infrastructure account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer fire fighters' and reserve officers' relief and pension principal fund, the volunteer fire fighters' and reserve officers' administrative fund, the Washington fruit express account, the Washington judicial retirement system account, the Washington law enforcement officers' and fire fighters' system plan 1 retirement account, the Washington law enforcement officers' and fire fighters' system plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts. All earnings to be distributed under this subsection (4)(a) shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the county arterial preservation account, the department of licensing services account, the essential rail assistance account, the ferry bond retirement fund, the grade crossing protective fund, the high capacity transportation account, the highway bond retirement fund, the highway safety account, the motor vehicle fund, the motorcycle safety education account, the pilotage account, the public transportation systems account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the recreational vehicle account, the rural arterial trust account, the safety and education account, the special category C account, the state patrol highway account, the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, and the urban arterial trust account.
(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
NEW SECTION. Sec. 25. LEGISLATIVE OVERSIGHT COMMITTEE. The department of transportation shall provide staff support to a legislative oversight committee that will manage a study of public-private partnerships in transportation. The legislative oversight committee will consist of three members from each caucus in each house of the legislature, appointed by the leadership of the legislators' respective caucus. The legislative oversight committee shall analyze and make recommendations on: (1) The barriers that prevent the private sector from providing transportation services, which could include ferry, bus, or monorail; (2) the use of public-private partnerships nationally and the experiences of other states in using public-private partnerships; (3) the public-private opportunities for transportation projects in Washington; and (4) the advantages and disadvantages of the financing options available for public-private partnerships. The legislative oversight committee shall report its findings and recommendations to the legislature by December 1, 2003.
NEW SECTION. Sec. 26. CAPTIONS. Captions used in this act do not constitute any part of the law."
MOTION
Senator Haugen moved that the following amendments by Senators Haugen, Long, and Benton to the striking amendment be considered simultaneously and be adopted:
On page 2, beginning on line 12 of the amendment, strike all of section 3 and insert the following:
"Sec. 3 RCW 47.46.030 and 1996 c 280 s 1 are each amended to read as follows:
DEMONSTRATION PROJECTS--SELECTION--PUBLIC INVOLVEMENT. (1) The secretary or a designee shall solicit proposals from, and negotiate and enter into agreements with, private entities to undertake as appropriate, together with the department and other public entities, all or a portion of the study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole or in part public or private sources of financing.
The public-private initiatives program may develop up to six demonstration projects. Each proposal shall be weighed on its own merits, and each of the six agreements shall be negotiated individually, and as a stand-alone project.
(2) If project proposals selected prior to September 1, 1994, are terminated by the public or private sectors, the department shall not select any new projects, including project proposals submitted to the department prior to September 1, 1994, and designated by the transportation commission as placeholder projects, after June 16, 1995, until June 30, 1997.
The department, in consultation with the legislative transportation committee, shall conduct a program and fiscal audit of the public-private initiatives program for the biennium ending June 30, 1997. The department shall submit a progress report to the legislative transportation committee on the program and fiscal audit by June 30, 1996, with preliminary and final audit reports due December 1, 1996, and June 30, 1997, respectively.
The department shall develop and submit a proposed public involvement plan to the 1997 legislature to identify the process for selecting new potential projects and the associated costs of implementing the plan. The legislature must adopt the public involvement plan before the department may proceed with any activity related to project identification and selection. Following legislative adoption of the public involvement plan, the department is authorized to implement the plan and to identify potential new projects.
The public involvement plan for projects selected after June 30, 1997, shall, at a minimum, identify projects that: (a) Have the potential of achieving overall public support among users of the projects, residents of communities in the vicinity of the projects, and residents of communities impacted by the projects; (b) meet a state transportation need; (c) provide a significant state benefit; and (d) provide competition among proposers and maximum cost benefits to users. Prospective projects may include projects identified by the department or submitted by the private sector.
Projects that meet the minimum criteria established under this section and the requirements of the public involvement plan developed by the department and approved by the legislature shall be submitted to the Washington state transportation commission for its review. The commission, in turn, shall submit a list of eligible projects to the legislative transportation committee for its consideration. Forty-five days after the submission to the legislative transportation committee of the list of eligible projects, the secretary is authorized to solicit proposals for the eligible project.
(3) Prior to entering into agreements with private entities under the requirements of RCW 47.46.040 for any project proposal selected before September 1, 1994, or after June 30, 1997, except as provided for in subsections (11) and (12) of this section, the department shall require an advisory vote as provided under subsections (5) through (10) of this section.
(4) The advisory vote shall apply to project proposals selected prior to September 1, 1994, or after June 30, 1997, that receive public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project collected and submitted in accordance with the dates established in subsections (12) and (13) of this section. The advisory vote shall be on the preferred alternative identified under the requirements of chapter 43.21C RCW and, if applicable, the national environmental policy act, 42 U.S.C. 4321 et seq. The execution by the department of the advisory vote process established in this section is subject to the prior appropriation of funds by the legislature for the purpose of conducting environmental impact studies, a public involvement program, local involvement committee activities, traffic and economic impact analyses, engineering and technical studies, and the advisory vote.
(5) In preparing for the advisory vote, the department shall conduct a comprehensive analysis of traffic patterns and economic impact to define the geographical boundary of the project area that is affected by the imposition of tolls or user fees authorized under this chapter. The area so defined is referred to in this section as the affected project area. In defining the affected project area, the department shall, at a minimum, undertake: (a) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (b) an analysis of the anticipated traffic diversion patterns; (c) an analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project; (d) an analysis of the economic impact of tolls or user fees on the price of goods and services generally; and (e) an analysis of the relationship of the project to state transportation needs and benefits.
(6)(a) After determining the definition of the affected project area, the department shall establish a committee comprised of individuals who represent cities and counties in the affected project area; organizations formed to support or oppose the project; and users of the project. The committee shall be named the public-private local involvement committee, and be known as the local involvement committee.
(b) The members of the local involvement committee shall be: (i) An elected official from each city within the affected project area; (ii) an elected official from each county within the affected project area; (iii) two persons from each county within the affected project area who represent an organization formed in support of the project, if the organization exists; (iv) two persons from each county within the affected project area who represent an organization formed to oppose the project, if the organization exists; and (v) four public members active in a statewide transportation organization. If the committee makeup results in an even number of committee members, there shall be an additional appointment of an elected official from the county in which all, or the greatest portion of the project is located.
(c) City and county elected officials shall be appointed by a majority of the members of the city or county legislative authorities of each city or county within the affected project area, respectively. The county legislative authority of each county within the affected project area shall identify and validate organizations officially formed in support of or in opposition to the project and shall make the appointments required under this section from a list submitted by the chair of the organizations. Public members shall be appointed by the governor. All appointments to the local involvement committee shall be made and submitted to the department of transportation no later than January 1, 1996, for projects selected prior to September 1, 1994, and no later than thirty days after the affected project area is defined for projects selected after June 30, 1997. Vacancies in the membership of the local involvement committee shall be filled by the appointing authority under (b)(i) through (v) of this subsection for each position on the committee.
(d) The local involvement committee shall serve in an advisory capacity to the department on all matters related to the execution of the advisory vote.
(e) Members of the local involvement committee serve without compensation and may not receive subsistence, lodging expenses, or travel expenses.
(7) The department shall conduct a minimum thirty-day public comment period on the definition of the geographical boundary of the project area. The department, in consultation with the local involvement committee, shall make adjustments, if required, to the definition of the geographical boundary of the affected project area, based on comments received from the public. Within fourteen calendar days after the public comment period, the department shall set the boundaries of the affected project area in units no smaller than a precinct as defined in RCW 29.01.120.
(8) The department, in consultation with the local involvement committee, shall develop a description for selected project proposals. After developing the description of the project proposal, the department shall publish the project proposal description in newspapers of general circulation for seven calendar days in the affected project area. Within fourteen calendar days after the last day of the publication of the project proposal description, the department shall transmit a copy of the map depicting the affected project area and the description of the project proposal to the county auditor of the county in which any portion of the affected project area is located.
(9) The department shall provide the legislative transportation committee with progress reports on the status of the definition of the affected project area and the description of the project proposal.
(10) Upon receipt of the map and the description of the project proposal, the county auditor shall, within thirty days, verify the precincts that are located within the affected project area. The county auditor shall prepare the text identifying and describing the affected project area and the project proposal using the definition of the geographical boundary of the affected project area and the project description submitted by the department and shall set an election date for the submission of a ballot proposition authorizing the imposition of tolls or user fees to implement the proposed project within the affected project area, which date may be the next succeeding general election to be held in the state, or at a special election, if requested by the department. The text of the project proposal must appear in a voter's pamphlet for the affected project area. The department shall pay the costs of publication and distribution. The special election date must be the next date for a special election provided under RCW 29.13.020 that is at least sixty days but, if authorized under RCW 29.13.020, no more than ninety days after the receipt of the final map and project description by the auditor. The department shall pay the cost of an election held under this section.
(11) Notwithstanding any other provision of law, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies, a public involvement program, and engineering and technical studies funded by the legislature. For projects subject to this subsection, the department shall not enter into an agreement under RCW 47.46.040 prior to the advisory vote on the preferred alternative.
(12) Subsections (5) through (10) of this section shall not apply to project proposals selected prior to September 1, 1994, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project, collected and submitted after September 1, 1994, and by thirty calendar days after June 16, 1995.
(13) Subsections (5) through (10) of this section shall not apply to project proposals selected after June 30, 1997, that have no organized public opposition as demonstrated by the submission to the department of original petitions bearing at least five thousand signatures of individuals opposing the project, collected and submitted by ninety calendar days after project selection."
On page 12, beginning on line 14 of the amendment, strike all of section 16 and insert the following:
"Sec. 16. RCW 47.46.040 and 2001 c 64 s 14 are each amended to read as follows:
DEMONSTRATION PROJECTS--TERMS OF AGREEMENTS--PUBLIC PARTICIPATION. (1) All projects designed, constructed, and operated under this authority must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
(2) The secretary or a designee shall consult with legal, financial, and other experts within and outside state government in the negotiation and development of the agreements.
(3) Agreements ((shall)) may provide for private ownership of the projects during the construction period. After completion and final acceptance of each project or discrete segment thereof, the agreement ((shall)) may provide for state ownership of the transportation systems and facilities and lease to the private entity unless the state elects to provide for ownership of the facility by the private entity during the term of the agreement.
The state ((shall)) may lease each of the demonstration projects, or applicable project segments, to the private entities for operating purposes for up to fifty years.
(4) The department may exercise any power possessed by it to facilitate the development, construction, financing operation, and maintenance of transportation projects under this ((chapter)) section. Agreements for maintenance services entered into under this section shall provide for full reimbursement for services rendered by the department or other state agencies. Agreements for police services for projects, involving state highway routes, developed under agreements shall be entered into with the Washington state patrol. The agreement for police services shall provide that the state patrol will be reimbursed for costs on a comparable basis with the costs incurred for comparable service on other state highway routes. The department may provide services for which it is reimbursed, including but not limited to preliminary planning, environmental certification, and preliminary design of the demonstration projects.
(5) The plans and specifications for each project constructed under this section shall comply with the department's standards for state projects. A facility constructed by and leased to a private entity is deemed to be a part of the state highway system for purposes of identification, maintenance, and enforcement of traffic laws and for the purposes of applicable sections of this title. Upon reversion of the facility to the state, the project must meet all applicable state standards. Agreements shall address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable state standards upon reversion of the facility to the state.
(6) For the purpose of facilitating these projects and to assist the private entity in the financing, development, construction, and operation of the transportation systems and facilities, the agreements may include provisions for the department to exercise its authority, including the lease of facilities, rights of way, and airspace, exercise of the power of eminent domain, granting of development rights and opportunities, granting of necessary easements and rights of access, issuance of permits and other authorizations, protection from competition, remedies in the event of default of either of the parties, granting of contractual and real property rights, liability during construction and the term of the lease, authority to negotiate acquisition of rights of way in excess of appraised value, and any other provision deemed necessary by the secretary.
(7) The agreements entered into under this section may include provisions authorizing the state to grant necessary easements and lease to a private entity existing rights of way or rights of way subsequently acquired with public or private financing. The agreements may also include provisions to lease to the entity airspace above or below the right of way associated or to be associated with the private entity's transportation facility. In consideration for the reversion rights in these privately constructed facilities, the department may negotiate a charge for the lease of airspace rights during the term of the agreement for a period not to exceed fifty years. If, after the expiration of this period, the department continues to lease these airspace rights to the private entity, it shall do so only at fair market value. The agreement may also provide the private entity the right of first refusal to undertake projects utilizing airspace owned by the state in the vicinity of the public-private project.
(8) Agreements under this section may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan, design, finance, acquire, build, install, operate, enforce laws, and maintain toll highways, bridges, and tunnels and which will not unreasonably inhibit or prohibit the development of additional public transportation systems and facilities. Agreements under this section must secure and maintain liability insurance coverage in amounts appropriate to protect the project's viability and may address state indemnification of the private entity for design and construction liability where the state has approved relevant design and construction plans.
(9) Agreements shall include a process that provides for public involvement in decision making with respect to the development of the projects.
(10)(a) In carrying out the public involvement process required in subsection (9) of this section, the private entity shall proactively seek public participation through a process appropriate to the characteristics of the project that assesses and demonstrates public support among: Users of the project, residents of communities in the vicinity of the project, and residents of communities impacted by the project.
(b) The private entity shall conduct a comprehensive public involvement process that provides, periodically throughout the development and implementation of the project, users and residents of communities in the affected project area an opportunity to comment upon key issues regarding the project including, but not limited to: (i) Alternative sizes and scopes; (ii) design; (iii) environmental assessment; (iv) right of way and access plans; (v) traffic impacts; (vi) tolling or user fee strategies and tolling or user fee ranges; (vii) project cost; (viii) construction impacts; (ix) facility operation; and (x) any other salient characteristics.
(c) If the affected project area has not been defined, the private entity shall define the affected project area by conducting, at a minimum: (i) A comparison of the estimated percentage of residents of communities in the vicinity of the project and in other communities impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (ii) an analysis of the anticipated traffic diversion patterns; (iii) an analysis of the potential economic impact resulting from proposed toll rates or user fee rates imposed on residents, commercial traffic, and commercial entities in communities in the vicinity of and impacted by the project; (iv) an analysis of the economic impact of tolls or user fees on the price of goods and services generally; and (v) an analysis of the relationship of the project to state transportation needs and benefits.
The agreement may require an advisory vote by users of and residents in the affected project area.
(d) In seeking public participation, the private entity shall establish a local involvement committee or committees comprised of residents of the affected project area, individuals who represent cities and counties in the affected project area, organizations formed to support or oppose the project, if such organizations exist, and users of the project. The private entity shall, at a minimum, establish a committee as required under the specifications of RCW 47.46.030(6)(b) (ii) and (iii) and appointments to such committee shall be made no later than thirty days after the project area is defined.
(e) Local involvement committees shall act in an advisory capacity to the department and the private entity on all issues related to the development and implementation of the public involvement process established under this section.
(f) The department and the private entity shall provide the legislative transportation committee and local involvement committees with progress reports on the status of the public involvement process including the results of an advisory vote, if any occurs.
(11) Nothing in this chapter limits the right of the secretary and his or her agents to render such advice and to make such recommendations as they deem to be in the best interests of the state and the public."
Debate ensued.
The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Haugen, Long and Benton on page 2, beginning on line 12, and page 12, beginning on line 14, to the striking amendment by Senators Haugen and Benton to Engrossed House Bill No. 2723.
The motion by Senator Haugen carried and the amendments to the striking amendment were adopted.
The President Pro Tempore declared the question before the Senate to be the adoption of the striking amendment, as amended, by Senators Haugen and Benton to Engrossed House Bill No. 2723.
Debate ensued.
The striking amendment, as amended, was adopted on a rising vote.
MOTIONS
On motion of Senator Haugen, the following title amendment was adopted:
On line 3 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 47.56.010, 47.46.030, 47.46.040, 47.46.050, 47.46.060, 47.56.030, 47.56.270, 47.56.271, 39.46.070, and 47.56.245; reenacting and amending RCW 43.84.092; adding new sections to chapter 47.46 RCW; and creating new sections."
On motion of Senator Haugen, the rules were suspended, Engrossed House Bill No. 2723, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.
The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2723, as amended by the Senate.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed House Bill No. 2723, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 28; Nays, 21; Absent, 0; Excused, 0.
Voting yea: Senators Benton, Carlson, Costa, Eide, Fairley, Finkbeiner, Franklin, Fraser, Gardner, Hargrove, Haugen, Horn, Jacobsen, Johnson, Kastama, Keiser, Kline, Kohl-Welles, Long, McDonald, Prentice, Rasmussen, Regala, Shin, Snyder, Spanel, Thibaudeau and Zarelli - 28.
Voting nay: Senators Brown, Deccio, Hale, Hewitt, Hochstatter, Honeyford, McAuliffe, McCaslin, Morton, Oke, Parlette, Poulsen, Roach, Rossi, Sheahan, Sheldon, B., Sheldon, T., Stevens, Swecker, West and Winsley - 21.
ENGROSSED HOUSE BILL NO. 2723, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.
MOTION
At 12:18 p.m., on motion of Senator Betti Sheldon, the Senate adjourned until 10:00 a.m., Wednesday, February 27, 2002.
BRAD OWEN, President of the Senate
TONY M. COOK, Secretary of the Senate