AN ACT Relating to coordination of special needs transportation; amending RCW 47.06B.010, 47.06B.020, 47.06B.030, 47.06B.900, and 47.06B.901; and adding new sections to chapter 47.06B RCW.

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

Sec. 1. RCW 47.06B.010 and 1998 c 173 s 1 are each amended to read as follows:

The legislature finds that transportation systems for persons with special needs are not operated as efficiently as possible. ((Lack of coordination produces irrational situations, such as several different vehicles arriving simultaneously at the same location to pick up several different persons with special needs. When separate vehicles arrive within minutes of each other to transport individuals with special needs to similar destinations, resources are wasted and fewer people are being served.)) In some cases, programs established by the legislature to assist persons with special needs can not be accessed due to these inefficiencies and coordination barriers.

It is the intent of the legislature that public transportation agencies, pupil transportation programs, private nonprofit transportation providers, and other public agencies sponsoring programs that require transportation services coordinate those transportation services. Through coordination of transportation services, programs will achieve increased efficiencies and will be able to provide more rides to a greater number of persons with special needs.

NEW SECTION. Sec. 2. A new section is added to chapter 47.06B RCW to read as follows:

The definitions in this section apply throughout this chapter.

(1) "Persons with special transportation needs" means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or purchase transportation.

(2) "Special needs coordinated transportation" is transportation for persons with special transportation needs that is developed through a collaborative community process involving transportation providers; human service programs and agencies; consumers; social, educational, and health service providers; employer and business representatives; employees and employee representatives; and other affected parties.

NEW SECTION. Sec. 3. A new section is added to chapter 47.06B RCW to read as follows:

In order to increase efficiency, to reduce waste and duplication, to enable people to access social and health services, to provide a basic level of mobility, and to extend and improve transportation services to people with special transportation needs, the state shall implement the Program for Agency Coordinated Transportation. The program will improve transportation efficiency and effectiveness to maximize the use of community resources so that more people can be served within available funding levels.

The Program for Agency Coordinated Transportation will facilitate a state-wide approach to coordination and will support the development of community-based coordinated transportation systems that exhibit the following characteristics:

(1) Organizations serving persons with special transportation needs share responsibility for ensuring that customers can access services.

(2) There is a single entry process for customers to use to have trips arranged and scheduled, so the customer does not have to contact different locations based on which sponsoring agency or program is paying for the trip.

(3) A process is in place so that when decisions are made by service organizations on facility siting or program policy implementation, the costs of client transportation and the potential effects on the client transportation costs of other agencies or programs are considered. Affected agencies are given an opportunity to influence the decision if the potential impact is negative.

(4) Open local market mechanisms give all providers who meet minimum standards an opportunity to participate in the program, and, in addition, allow for cost comparisons so that purchasers can select the least expensive trip most appropriate to the customer's needs.

(5) There is flexibility in using the available vehicles in a community so that the ability to transport people is not restricted by categorical claims to vehicles.

(6) There is maximum sharing of operating facilities and administrative services, to avoid duplication of costly program elements.

(7) Trip sponsors and service providers have agreed on a process for allocating costs and billing when they share use of vehicles.

(8) Minimum standards exist for at least safety, driver training, maintenance, vehicles, and technology to eliminate barriers that may prevent sponsors from using each other's vehicles or serving each other's clients.

(9) The system is user friendly. The fact that the system is supported by a multitude of programs and agencies with different eligibility, contracting, service delivery, payment, and funding structures does not negatively affect the customer's ability to access service.

(10) Support is provided for research, technology improvements, and sharing of best practices from other communities, so that the system can be continually improved.

(11) There are performance goals and an evaluation process that leads to continuous system improvement.

Sec. 4. RCW 47.06B.020 and 1998 c 173 s 2 are each amended to read as follows:

(1) The agency council on coordinated transportation is created. The council is composed of ((~~nine voting~~)) three ex officio members, six members appointed by the governor, and eight ((~~nonvoting,~~)) legislative members. All members have a vote on the council.

(2) The ((~~nine voting~~)) three ex officio members are the superintendent of public instruction or a designee, the secretary of transportation or a designee, and the secretary of the department of social and health services or a designee((~~, and six members appointed by the governor as follows:~~)).

(3) The six members appointed by the governor must represent a balance of transportation providers and users of the system, and be chosen from organizations such as:

(a) ((~~One representative from~~)) The office of the governor;

(b) ((~~Two persons who are consumers of special needs transportation services~~)) The Washington Senior Lobby;

(d) The Washington Association of Pupil Transportation;

((~~(d) One representative from~~)) (e) The Washington State Transit Association; ((~~and~~

~~(e) One of the following:~~

~~(i) A representative from~~)) (f) The Community Transportation Association of the Northwest; ((or

~~(ii) A representative from~~)) (g) The Community Action Council Association;

(h) A user of the system who is not a member of any of the organizations listed in (a) through (g) of this subsection.

((~~(3)~~)) (4) The eight ((~~nonvoting~~)) legislative members are ((~~legislators~~)) as follows:

(a) Four members from the house of representatives, two from each of the two largest caucuses, appointed by the speaker of the house of representatives, two who are members of the house transportation ((~~policy and budget~~)) committee and two who are members of the house appropriations committee; and

(b) Four members from the senate, two from each of the two largest caucuses, appointed by the president of the senate, two who are members of the transportation committee and two who are members of the ways and means committee.

((~~(4)~~)) (5) Gubernatorial appointees of the council will serve ((~~two-year~~)) three-year terms, staggered so that two members are replaced or reappointed each year. Individual appointees shall not serve for a period of more than six consecutive years.

(6) Members may not receive compensation for their service on the council, but will be reimbursed for actual and necessary expenses incurred in performing their duties as members as set forth in RCW 43.03.220.

((~~(5) The secretary of transportation or a designee shall serve as the~~)) (7) A council chair and vice-chair must be elected every two years from among the ex officio members, by vote of the council.

((~~(6)~~)) (8) The council shall carry out its duties to administer the Program for Agency Coordinated Transportation, to provide and manage grants to fund demonstration projects, and to provide assistance to community forums and planning processes within funds appropriated by the legislature or as provided for in subsection (10) of this section.

(9) The department of transportation shall provide necessary staff support for the council to supplement council resources as needed.

((~~(7)~~)) (10) The council may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the council and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.

Sec. 5. RCW 47.06B.030 and 1998 c 173 s 3 are each amended to read as follows:

To assure implementation of the Program for Agency Coordinated Transportation, the council, in coordination with stakeholders, shall:

(1) Develop ((~~standards and strategies for coordinating special needs transportation;~~

~~(2) Identify and develop, fund as resources are made available, and monitor coordinated transportation pilot projects;~~

~~(3) Disseminate and encourage the widespread implementation of successful demonstration projects;~~

~~(4) Identify and address barriers to transportation coordination;~~

~~(5) Recommend to the legislature changes in law to assist coordination of transportation services;~~

~~(6) Act as an information clearinghouse and advocate for coordinated transportation;~~

~~(7)~~)) guidelines for local planning of coordinated transportation in accordance with this chapter;

(2) Initiate local planning processes by contacting the board of commissioners and county councils in each county and encouraging them to convene local planning forums for the purpose of implementing special needs coordinated transportation programs at the community level;

(3) Work with local community forums to designate a local lead organization that shall cooperate and coordinate with private and nonprofit transportation brokers and providers, local public transportation agencies, local governments, and user groups;

(4) Provide a forum at the state level in which state agencies will discuss and resolve coordination issues and program policy issues that may impact transportation coordination and costs;

(5) Provide guidelines for state agencies to use in creating policies, rules, or procedures to encourage the participation of their constituents in community-based planning and coordination, in accordance with this chapter;

(6) Facilitate state-level discussion and action on problems and barriers identified by the local forums that can only be resolved at either the state or federal level;

(7) Develop and test models for determining the impacts of facility siting and program policy decisions on transportation costs;

(8) Develop methodologies and provide support to local and state agencies in identifying transportation costs;

(9) Develop guidelines for setting performance measures and evaluating performance;

(10) Develop monitoring reporting criteria and processes to assess state and local level of participation with this chapter;

(11) Administer and manage grant funds to develop, test, and facilitate the implementation of coordinated systems;

(12) Develop minimum standards for safety, driver training, and vehicles, and provide models for processes and technology to support coordinated service delivery systems;

(13) Provide a clearinghouse for sharing information about transportation coordination best practices and experiences;

(14) Promote research and development of methods and tools to improve the performance of transportation coordination in the state;

(15) Provide technical assistance and support to communities.

(16) Facilitate, monitor, provide funding as available, and give technical support to local planning processes;

(17) Form, convene, and give staff support to stakeholder work groups as needed to continue work on removing barriers to coordinated transportation;

(18) Advocate for the coordination of transportation for people with special transportation needs at the federal, state, and local levels;

(19) Recommend to the legislature changes in laws to assist coordination of transportation services;

(20) Petition the office of financial management to make whatever changes are deemed necessary to identify transportation costs in all executive agency budgets;

((~~(8)~~)) (21) Report to the legislature by December 1, ((~~1998~~)) 2000, on council activities including, but not limited to, the progress of community planning processes, what demonstration projects have been undertaken, how coordination affected service levels, and whether these efforts produced savings that allowed expansion of services. Reports must be made once every two years thereafter, and other times as the council deems necessary.

NEW SECTION. Sec. 6. A new section is added to chapter 47.06B RCW to read as follows:

The council may request, and may require as a condition of receiving coordination grants, selected county governments to convene local planning forums and invite participation of all entities, including tribal governments, that serve or transport persons with special transportation needs. Counties are encouraged to coordinate and combine their forums and planning processes with other counties, as they find it appropriate. The local community forums must:

(1) Designate a lead organization to facilitate the community planning process on an ongoing basis;

(2) Identify functional boundaries for the local coordinated transportation system;

(3) Clarify roles and responsibilities of the various participants;

(4) Identify community resources and needs;

(5) Prepare a plan for developing a coordinated transportation system that meets the intent of this chapter, addresses community needs, and efficiently uses community resources to address unmet needs;

(6) Implement the community coordinated transportation plan;

(7) Develop performance measures consistent with council guidelines;

(8) Develop a reporting process consistent with council guidelines;

(9) Raise issues and barriers to the council when resolution is needed at either the state or federal level;

(10) Develop a process for open discussion and input on local policy and facility siting decisions that may have an impact on the special needs transportation costs and service delivery of other programs and agencies in the community.

Sec. 7. RCW 47.06B.900 and 1998 c 173 s 6 are each amended to read as follows:

The agency council on coordinated transportation is terminated on June 30, ((~~2003~~)) 2007, as provided in RCW 47.06B.901.

Sec. 8. RCW 47.06B.901 and 1998 c 173 s 7 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((~~2004~~)) 2008:

(1) RCW 47.06B.010 and 1999 c . . . s 1 (section 1 of this act) & 1998 c 173 s 1;

(2) RCW 47.06B.--- and 1999 c . . . s 2 (section 2 of this act);

(3) RCW 47.06B.--- and 1999 c . . . s 3 (section 3 of this act);

(4) RCW 47.06B.020 and 1999 c . . . s 4 (section 4 of this act) & 1998 c 173 s 2; ((~~and~~

~~(3)~~)) (5) RCW 47.06B.030 and 1999 c . . . s 5 (section 5 of this act) & 1998 c 173 s 3; and

(6) RCW 47.06B.--- and 1999 c . . . s 6 (section 6 of this act).