1317-S AMH SCHD H2455.2

1317-S AMH SCHD H2455.2

SHB 1317 - H AMD 193 ADOPTED 3/9/95

By Representative D. Schmidt and others

Beginning on page 6, line 28, strike all material through "segment." on page 7, line 20, and insert the following:

"(2) In seeking public participation, the private entity shall establish a committee comprised of individuals who represent cities and counties in the vicinity of and that are impacted by the project, phase, or segment; organizations formed to support or oppose the project, phase, or segment; and users of the project, phase, or segment. The committee shall be named the public-private local involvement committee, and be known as the local involvement committee.

The members of the local involvement committee shall be: (a) An elected official from each city within the project, phase, or segment area as defined by the department and the private entity under the requirements of subsection (3) of this section; (b) an elected official from each county within the project, phase, or segment area as defined under the requirements of subsection (3) of this section; two representatives from an organization formed in support of the project, phase, or segment; two representatives of an organization formed to oppose the project, phase, or segment; and two public members active in a state-wide transportation organization. If the appointments result 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, phase, or segment is located.

All members of the local involvement committee shall be appointed by the secretary of the department by August 1, 1995. City and county appointees shall be chosen from a list nominated by the association of Washington cities for city members and by the Washington state association of counties for county members. Persons representing organizations in support of or opposed to the project, phase, or segment shall be selected from a list submitted by the chair of such organizations. Public members shall be chosen from a list submitted by the governor.

The local involvement committee 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.

(3) The department and the private entity, in consultation with the legislative transportation committee and the local involvement committee, shall, by August 1, 1995, determine and define the geographical boundaries of the project, phase, or segment, known as the project, phase, or segment area. The definition of such project, phase, or segment area shall, at a minimum, identify and include users of the project, phase, or segment; cities and counties in the vicinity of the project, phase, or segment; and cities and counties impacted by the project, phase, or segment. In formulating such definition, the department and the private entity shall identify areas with the largest percentage of normal, daily usage by residents of communities in the vicinity of the project, phase, or segment and residents of communities impacted by the project, phase, or segment.

(4) The private entity shall cause to be conducted on one or more occasions, a comprehensive inventory of public positions of users and of residents of communities in the vicinity of and impacted by such project, phase, or segment as identified under the definition of the project, phase, or segment area established by the department and the private entity. The comprehensive inventory of public positions may include an advisory vote by users of the project, phase, or segment and by residents in the project, phase, or segment area.

The comprehensive inventory of public positions shall be conducted by an independent accountant or other independent professional jointly selected and supervised by the private entity and the department in consultation with the local involvement committee and the legislative transportation committee. The independent accountant or other independent professional must have a proven history and expertise in assessing public opinion and shall not have a direct or indirect interest in such project. The results of the inventory of public positions shall be made available for public review and comment.

(5) The department and the private entity shall provide the legislative transportation committee and the local involvement committee with progress reports on the status of the public involvement process and the inventory of public positions. The results of the inventory of public positions, including public comment on such inventory of public positions, shall be forwarded to the legislative transportation committee and the local involvement committee for their review.

Within fifteen calendar days of submission of such information for a project, phase, or segment, the local involvement committee shall submit a report to the department and the legislative transportation committee supporting or opposing the results of the inventory of public positions. Within forty-five calendar days of submission of the report of the local involvement committee, the legislative transportation committee shall conduct a public hearing regarding the results of the inventory and the report of the local involvement committee.

Taking into account the information submitted, the legislative transportation committee may adopt a resolution making a recommendation to the secretary regarding the disposition of the agreement for such project, phase, or segment. Any action by the secretary in response to the recommendation of the legislative transportation committee shall be taken within thirty calendar days of receipt of such recommendation and shall be carried out in accordance with the terms and conditions established in the agreement for such project, phase, or segment."

EFFECT: Establishes a public involvement process in the study and development of existing projects selected under the Public-Private Initiatives in Transportation program that includes local participation by local elected officials representing cities and counties, proponents and opponents of the projects, and users, and provides for legislative oversight through the legislative transportation committee.