[atlas:bill]

AN ACT Relating to regional transportation governance; amending RCW 47.80.020 and 47.80.023; adding a new chapter to Title 36 RCW; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature recognizes that the citizens of Washington are becoming ever more dependent on transportation services to maintain the economic health of the state and their personal standard of living. Rapid growth in population and increasing vehicle miles traveled have placed increased pressure on the capacity of our transportation system. Growing highway congestion, the delay in goods movement, deteriorating infrastructure, and the decline in attractive travel alternatives demonstrate the need for new and innovative methods to address this state's transportation needs.

The legislature finds that many transportation decisions are best made at the regional level, where transportation problems are most paramount. While the numerous local agencies entrusted with planning, building, and maintaining our transportation infrastructure and providing transportation services have each done their part to improve mobility, an overall approach to better coordinate and fund regional investments and services would provide better services and more cost-effective transportation solutions.

The legislature further finds that the consolidation of the process for planning and prioritizing transportation projects will result in the identification and selection of projects and services that will result in the greatest relief for traffic congestion, faster delivery times for transportation efforts, and reduced costs for transportation infrastructure and services.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Local agencies" include counties, cities, local or road improvement districts, public transit agencies, ports, or other municipal corporations within a transportation region that are authorized to plan for, program, and fund the acquisition, improvement, construction, or operation of regional transportation facilities and services.

(2) "Regional transportation board" means the governing authority of a transportation region.

(3) "Regionally significant transportation facilities or services" means those transportation facilities or services that primarily address: (a) Regional mobility and congestion relief and (b) travel demand between jurisdictions within a region of the state, as compared to interregional or local travel. "Regionally significant transportation facilities" include regional highways, local principal arterials, bicycle-pedestrian facilities connecting jurisdictions, transportation demand management programs, and transit facilities and services connecting jurisdictions.

(4) "Transportation region" means an area including one or more counties that is designated as a transportation region by the county legislative authority of each county included in the region.

NEW SECTION. Sec. 3. (1) Except as provided in subsection (2) of this section, the legislative authority of any county may, by resolution, establish a transportation region to implement the legislative intent of this chapter. The boundaries of the region must be the same as those of the county, except as provided in subsection (2) of this section.

(2) If a contiguous urbanized area is required to have a metropolitan planning organization designated by the state under 23 U.S.C. 450 to qualify for federal transportation funding, and is located in two or more counties, those counties may establish a single transportation region. The region must include the entire area of the participating counties, except that a county need not be a member if that county and at least two other member counties of the metropolitan planning organization agree that the county need not be included in the transportation region.

NEW SECTION. Sec. 4. (1) If a county legislative authority proposes to establish a transportation region it shall call for a conference. An elected representative from each city within the county and one elected official from the county legislative authority must attend the conference. The county shall appoint a representative. The county legislative authority calling the conference shall also invite a local elected official from any public transportation and high-capacity transportation agencies providing service within the county, an elected representative from a port providing service within the county, and a representative of the department of transportation. The conference is for the purpose of evaluating the need for and the desirability of creating a transportation region. In those counties where the metropolitan region extends beyond one county, or upon a finding by more than one legislative authority of an abutting county that a multicounty transportation region may be desirable, a multicounty conference must be convened according to the process set forth in section 5 of this act.

(2) After the conference, the county legislative authority shall conduct at least one public hearing. The time and place of the hearing must be specified in a notice published at least once in a newspaper of general circulation within the proposed region, not less than ten days before the hearing. This notice is in addition to any other notice required by law to be published. The notice must specify the functions or activities proposed to be provided or funded by the region. Additional notice of the hearing may be given by mail, posting within the proposed region, or in any manner the county legislative authority deems necessary to notify affected persons. All hearings must be public, and the county legislative authority, and other elected officials who attended the conference, shall conduct and attend the public hearing to seek comment from any person affected by the formation of the region.

(3) After the conference under subsection (1) of this section and the hearing held under subsection (2) of this section, the county legislative authority may establish a transportation region if: (a) The county legislative authority finds the action to be in the public interest; (b) it adopts an ordinance or resolution providing for the establishment of the region; (c) sixty percent of the cities within the region representing a minimum of seventy-five percent of the cities' and towns' population, by action of the cities' and towns' legislative authorities, approve formation of the region; and (d) the governor approves the formation.

(4) The process for forming a transportation region under this section may be terminated at any time before the county legislative authority establishes a transportation region upon the filing with the county auditor of a verified declaration of termination signed by a majority of the registered voters of the county.

(5) The legislation establishing a transportation region must specify the form of governance for the region, as provided in section 6 of this act, and the functions or activities to be exercised or funded.

(6) The governing body of a transportation region may expand or otherwise modify the functions of, or dissolve the transportation region, after providing notice and conducting a public hearing or hearings in the manner provided in subsection (2) of this section. In order for this action to be effective:

(a) The county legislative authority must find the action to be in the public interest;

(b) Sixty percent of the cities within the region representing a minimum of seventy-five percent of the cities' and towns' population, by action of the cities' and towns' legislative authorities, must approve the action;

(d) The governor must approve the action.

NEW SECTION. Sec. 5. (1) If two or more counties propose to establish a transportation region, they shall call for a joint conference. An elected representative from each city within each county and one elected official from the county legislative authority of each county must attend the conference. The county legislative authorities calling the conference shall also invite a local elected official from any public transportation and high-capacity transportation agency providing service within the counties, an elected representative from a port providing service within each of the counties, and a representative of the department of transportation. The conference is for the purpose of evaluating the need for and the desirability of creation of a transportation region.

(2) After the conference, each county legislative authority shall conduct at least one public hearing within its county. The time and place of the hearing must be specified in a notice published at least once in a newspaper of general circulation within the proposed region, not less than ten days before the hearing. This notice is in addition to any other notice required by law to be published. The notice must specify the functions or activities proposed to be provided or funded by the region. Additional notice of the hearing may be given by mail, posting within the proposed region, or in any manner the county legislative authority deems necessary to notify affected persons. All hearings must be public, and the county legislative authority and other elected officials from that county who attended the conference shall conduct and attend the public hearing to seek comment from any person affected by the formation of the region.

(3) After the conference under subsection (1) of this section and the hearing held under subsection (2) of this section, the county legislative authority may establish a transportation region if: (a) The county legislative authority of each county finds the action to be in the public interest; (b) each county adopts an ordinance or resolution providing for the establishment of the region; (c) sixty percent of the cities within the region representing a minimum of seventy-five percent of the cities' and towns' population, by action of the cities' and towns' legislative authorities, approve formation of the region; and (d) the governor approves the formation.

(4) The process for including a county in the formation of a transportation region under this section may be terminated at any time before the county legislative authority establishes that county as a part of a transportation region upon the filing of a verified declaration of termination signed by a majority of the registered voters of the county.

(a) The county legislative authority of each county must find the action to be in the public interest;

(d) The governor must approve the action.

NEW SECTION. Sec. 6. If a transportation region is to be established, the county legislative authority shall select the form of governance for the transportation region, which may be one of the two following alternatives:

(1) A directly elected governing body, which may be the county legislative authority acting ex officio and independently, and subject to the requirements of section 7 of this act, or an independently elected body, as recommended by the conference provided for in section 4 of this act. If the transportation region is more than one county, the governing body must consist of a directly elected body representing each county, which for each county may be the county legislative authority acting ex officio and independently, with votes weighted according to each county's population as a proportion of the entire transportation region, or an independently elected body representing the multicounty transportation region; or

(2) An appointed governing body made up of elected officials from cities, members of governing bodies of public transportation and high-capacity transportation systems providing service within the county, elected officials from each member county, and a representative from the department of transportation, appointed by the secretary of transportation. The county executive shall make all other appointments to the regional governing body, and if the county does not have an elected county executive, the county legislative authority shall make the appointments. If the transportation region is more than one county, the respective appointing authorities from each county shall make the appointments of local elected officials. Representatives must be roughly proportionate to population and reflect the relative population of incorporated and unincorporated areas of the region. Representatives from public ports may also be included, as may others as deemed appropriate by the appointing authority.

NEW SECTION. Sec. 7. If the county legislative authority, acting ex officio and independently, is to act as the governing body for a transportation district, a council must be created. The conference provided for in section 4 of this act must specify the number and type of appointments to the council. However, the council must include elected officials from cities, members of governing bodies of public transportation and high-capacity transportation providers within the county, elected officials from each member county, and a representative from the state department of transportation. Representatives from public ports may also be included, as may others as deemed appropriate by the conference.

The council shall prioritize the use of designated funds for the transportation region for expenditure on regionally significant transportation facilities and services. The county legislative authority, acting as an ex officio governing authority for the transportation district, may only approve or disapprove, in its entirety, the funding for the list of projects and services recommended by the council.

NEW SECTION. Sec. 8. (1) The transportation region shall prioritize the use of designated funds for expenditure on regionally significant transportation facilities and services. These funds include federal funds authorized by federal law and state agreement, state funds authorized by state law, and revenues from regionally imposed tax sources.

(2) The region shall develop criteria for project selection. These criteria must be based upon appropriate transportation improvement benchmarks governing congestion relief, safety, mobility, and freight mobility. The region shall select projects that maximize the attainment of these state transportation improvement benchmarks, and shall measure performance toward achievement of the benchmarks.

(3) The region shall develop, or cause to be developed, through contract with local agencies or the state department of transportation, new, or improvements to, regionally significant transportation facilities and services.

NEW SECTION. Sec. 9. A transportation region may assume the responsibilities of a metropolitan planning organization or regional transportation planning organization within its boundaries. If those responsibilities are assumed, the region shall:

(1) Prepare and periodically update a transportation strategy for the region. The strategy must address alternative transportation modes and transportation demand management measures in regional corridors and recommend preferred transportation policies to implement adopted growth strategies. The strategy will serve as a guide in preparing the regional transportation plan;

(2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with countywide planning policies adopted under chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans;

(3) Certify that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed under RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070;

(4) Where appropriate, certify that countywide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent;

(5) Develop, in cooperation with the department of transportation, operators of public transportation services, and local governments within the region, a six-year regional transportation improvement program that proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program must be based on the programs, projects, and transportation demand management measures of regional significance as identified by the transportation region, with the assistance of transit agencies, cities, counties, and the state under RCW 35.58.2795, 35.77.010, and 36.81.121, and chapter 47.05 RCW respectively. The program must include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program, and specifically, regionally significant transportation facilities and services, can be funded. The region shall update the program upon assumption of the planning duties of a regional transportation planning organization and at least every two years for the ensuing six-year period;

(6) Be, or designate, a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate department of transportation regional office;

(7) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors; and

(8) Work with cities, counties, transit agencies, the department of transportation, and others to develop level of service standards or alternative transportation performance measures.

The region shall use those transportation plans existing as of the date of assumption of its planning duties until the region updates those plans.

NEW SECTION. Sec. 10. A transportation region is a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. All projects constructed by a transportation region under this chapter must be competitively bid and contracted.

NEW SECTION. Sec. 11. Notwithstanding RCW 39.36.020(1), a transportation region may at any time contract indebtedness or borrow money for the region's purposes and may issue general obligation bonds in an amount not exceeding, together with any existing indebtedness of the region not authorized by the voters, one and one-half percent of the value of the taxable property within the boundaries of the region; and with the assent of three-fifths of the region's voters voting at an election called for that purpose, may contract indebtedness or borrow money for the region's purposes and may issue general obligation bonds therefor, as long as the total indebtedness of the region does not exceed five percent of the value of the taxable property in it. The bonds must be issued and sold in accordance with chapter 39.46 RCW.

The term "value of the taxable property" has the meaning set forth in RCW 39.36.015.

NEW SECTION. Sec. 12. (1) A transportation region may issue revenue bonds to provide funds to carry out its authorized functions without submitting the matter to the voters of the region. The region shall create a special fund or funds for the sole purpose of paying the principal of and interest on the bonds of each such issue, into which fund or funds the region may obligate itself to pay such amounts of the gross revenue of the regionally significant transportation facilities or services constructed, acquired, improved, added to, or repaired out of the proceeds of sale of the bonds, as the region determines and may obligate the region to pay such amounts out of otherwise unpledged revenue that may be derived from the ownership, use, or operation of properties or facilities owned, used, or operated incident to the performance of the authorized function for which the bonds are issued or out of otherwise unpledged fees, tolls, charges, tariffs, fares, rentals, special taxes, or other sources of payment lawfully authorized for that purpose, as the region determines. The principal of, and interest on, the bonds is payable only out of the special fund or funds, and the owners of the bonds have a lien and charge against the gross revenue of fees, tolls, charges, tariffs, fares, special taxes, or other authorized sources pledged to the payment of the bonds. The revenue bonds issued against the fund or funds and the interest on the bonds is a valid claim of the bondowners only as against the fund or funds and the revenue pledged therefor, and is not a general indebtedness of the region.

(2) Notwithstanding subsection (1) of this section, the bonds may be issued and sold in accordance with chapter 39.46 RCW.

NEW SECTION. Sec. 13. A transportation region may accept and expend or use gifts, grants, and donations.

NEW SECTION. Sec. 14. A transportation region may exercise the power of eminent domain within its boundaries to obtain property for its authorized purposes in the manner cities exercise the powers of eminent domain under chapter 8.12 RCW.

NEW SECTION. Sec. 15. If a transportation region is formed, there must be created in the office of the county treasurer, as ex officio treasurer of the transportation region, a transportation region fund. The fund must have such accounts as the treasurer may find convenient or as the state auditor or the governing body of the transportation region may direct. The region shall deposit all revenues received by or on behalf of the transportation region from tax levies, gifts, donations, and any other source into the transportation region fund.

NEW SECTION. Sec. 16. The rule of strict construction does not apply to this chapter, and this chapter must be liberally construed to permit the accomplishment of its purposes.

Sec. 17. RCW 47.80.020 and 1990 1st ex.s. c 17 s 54 are each amended to read as follows:

The legislature hereby authorizes creation of regional transportation planning organizations within the state. Each regional transportation planning organization shall be formed through the voluntary association of local governments within a county, or within geographically contiguous counties. Each organization shall:

(1) Encompass at least one complete county;

(2) Have a population of at least one hundred thousand, or contain a minimum of three counties, except that the minimum number of counties will be reduced by the number of counties that withdraw to form a transportation region authorized in section 3 of this act; and

(3) Have as members all counties within the region, and at least sixty percent of the cities and towns within the region representing a minimum of seventy-five percent of the cities' and towns' population.

The state department of transportation must verify that each regional transportation planning organization conforms with the requirements of this section.

In urbanized areas, the regional transportation planning organization is the same as the metropolitan planning organization designated for federal transportation planning purposes.

Sec. 18. RCW 47.80.023 and 1998 c 171 s 8 are each amended to read as follows:

Each regional transportation planning organization shall have the following duties:

(1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.

(2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with countywide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.

(3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.

(4) Where appropriate, certify that countywide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.

(5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period.

(6) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.

(7) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.

(8) Work with cities, counties, transit agencies, the department of transportation, transportation regions authorized in section 3 of this act, and others to develop level of service standards or alternative transportation performance measures.

NEW SECTION. Sec. 19. Sections 1 through 16 of this act constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 20. 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 July 1, 2001.