5395-S

AN ACT Relating to public involvement in transportation planning; adding a new chapter to Title 47 RCW; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION. Sec. 1. The legislature recognizes that public involvement in the planning and design of transportation projects is a critical element in developing a state-wide transportation system responsive to the needs of the public. The department presently provides news releases, newsletters, and opportunities to comment at public hearings before project construction, but these processes primarily occur after a determination of project necessity has already been made. Citizens who may be adversely impacted by the proposed project can express their concerns in the public hearings process, but this process does not provide the public with adequate opportunities to participate in the evaluation and selection of alternatives to the proposed project.

The legislature finds that current methods of public input may not accurately represent public opinion and sentiment on transportation plans and projects. The legislature further finds that the transportation needs of the citizens of the state are best identified and served by encouraging meaningful public participation and comment at the earliest stages of the transportation planning and design processes.

NEW SECTION. Sec. 2. (1) The department is authorized to actively solicit public input concerning transportation plans and selected transportation projects. On those projects that the department chooses for heightened public involvement, the department shall use one or more techniques, including holding informational meetings, conducting "visioning" workshops, distributing and receiving written surveys, conducting telephone surveys, or employing other techniques, including any modern marketing techniques, that the department believes will accomplish the purposes of this chapter. These activities should be done before selecting a preferred transportation solution or alternative and should seek to ensure response by a representative sample of citizens impacted by the proposed transportation plans or projects. It is the intent of the legislature that all information gathered under this chapter be incorporated into the department's transportation planning process at an early and meaningful stage of deliberation.

(2) To the extent practical, the department's public involvement in transportation planning shall be coordinated and integrated with public involvement processes carried out by regional transportation planning organizations under chapter 47.80 RCW and local governments under chapter 36.70A RCW.

(3) The department may employ consultants or marketing specialists to conduct activities required under this chapter only upon a finding that the activities require specialized knowledge, skill, or technology, and that the activities cannot be accomplished with existing departmental resources.

NEW SECTION. Sec. 3. The department may select transportation projects for the heightened public involvement process described in section 2 of this act on projects that: (1) Disrupt or displace a substantial number of people or businesses; (2) substantially improve capacity; (3) substantially alter existing access points to roads or state highways; (4) require acquisition of substantial rights of way; or (5) have an impact on environmentally sensitive areas.

NEW SECTION. Sec. 4. In addition to the duties outlined in section 2 of this act, the department shall make increased efforts to provide information to the citizens of the state. The department shall:

(1) Establish toll-free telephone information lines within each district office that are capable of providing information about proposed transportation projects in the region, and about transportation projects under construction and any resulting traffic rerouting; provide information concerning opportunities for public participation in state-wide, regional, or local transportation planning; and provide a mechanism allowing callers to leave their comments and opinions concerning transportation issues on a recording device;

(2) Conduct a state-wide public opinion poll that seeks to identify citizen preferences concerning state-wide modes and methods of transportation. The survey must also seek a citizen evaluation of the department, including a measurement of whether and to what extent the department is meeting its mission statement, goals, and objectives concerning state transportation policy and services.

NEW SECTION. Sec. 5. No provisions of sections 1 through 3 of this act shall be considered in lieu of the department's legal responsibilities for conducting public hearings and providing opportunities for comment required under state or federal law.

NEW SECTION. Sec. 6. It is the intent of the legislature that this chapter supplement the department's current legal responsibilities for public input and opportunities to comment. Since this chapter allows the department to conduct activities beyond those currently required under state and federal law, the legislature declares that the department is immune from any suit or legal action brought under this chapter for the department's actions or failure to act in accordance with the optional process described in sections 1 through 3 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 4.24 RCW to read as follows:

It is the purpose of sections 1 through 3 of this act to encourage the free exchange of information between the department of transportation and the citizens of the state. It is recognized that the provisions of sections 1 through 3 of this act are in addition to, and not in lieu of, the department's legal responsibilities for public hearings and opportunities to comment already provided under state and federal law. The legislature finds that aggrieved persons are already provided sufficient opportunity to challenge the legality of the department's actions under other provisions of state and federal law. Therefore, the legislature declares that sections 1 through 3 of this act create no new cause of action against the department, and that the department is immune from civil liability on claims based on the department's actions or failure to act under sections 1 through 3 of this act.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 9. 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.