[atlas:bill]

AN ACT Relating to transportation; amending RCW 47.01.021, 43.17.020, 47.01.041, 41.06.380, 47.80.030, 39.12.070, 39.12.080, 47.05.010, 47.05.030, 47.05.035, 47.06.130, 47.05.051, 35.84.060, 47.06.050, and 47.06.090; reenacting and amending RCW 47.01.101; adding new sections to chapter 47.01 RCW; adding a new section to chapter 43.105 RCW; adding a new section to chapter 47.28 RCW; adding a new section to chapter 49.04 RCW; adding a new section to chapter 47.06 RCW; adding a new section to chapter 39.12 RCW; adding a new section to chapter 36.56 RCW; adding a new section to chapter 36.57A RCW; adding a new section to chapter 46.68 RCW; adding a new section to chapter 81.112 RCW; adding a new section to chapter 36.78 RCW; creating new sections; repealing RCW 47.01.051, 47.01.061, and 47.01.070; making an appropriation; providing effective dates; and declaring an emergency.

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

PART I

EXECUTIVE APPOINTMENT OF THE DOT SECRETARY

AND ESTABLISHMENT OF A TRANSPORTATION

ACCOUNTABILITY BOARD

NEW SECTION. Sec. 1. LEGISLATIVE INTENT. It is the intent of the legislature to establish policy goals for the operation, performance of, and investment in, the state's transportation system. The policy goals shall consist of the following benchmark categories, adopted by the state's blue ribbon commission on transportation on November 30, 2000. In addition to improving safety, public investments in transportation shall support achievement of these and other priority goals:

No interstate highways, state routes, and local arterials shall be in poor condition; no bridges shall be structurally deficient, and safety retrofits shall be performed on those state bridges at the highest seismic risk levels; traffic congestion on urban state highways shall be significantly reduced and be no worse than the national mean; delay per driver shall be significantly reduced and no worse than the national mean; per capita vehicle miles traveled shall be maintained at 2000 levels; the nonauto share of commuter trips shall be increased in urban areas; administrative costs as a percentage of transportation spending shall achieve the most efficient quartile nationally; and the state's public transit agencies shall achieve the median cost per vehicle revenue hour of peer transit agencies, adjusting for the regional cost-of-living.

These policy goals shall be the basis for establishment of detailed and measurable performance benchmarks.

It is also the intent of the legislature to create an independent and objective transportation accountability board to establish performance measures and benchmarks to ensure transportation system performance at all levels of government.

The mission of the transportation accountability board is to implement the recommendations of the Blue Ribbon Commission on Transportation regarding the adoption of transportation benchmarks as a cornerstone of government accountability at the state, city, county, and transit district levels. The legislature embraces that recommendation. Monitoring performance of the system and measuring results will be the basis for all transportation strategies.

The transportation accountability board will develop a strategy and implement a plan for a performance measurement system. The system must include data gathering, analysis, development of recommendations, monitoring the implementation of recommendations, and a process for reporting transportation system performance to the governor's office, the legislature, and the public.

Sec. 2. RCW 47.01.021 and 1977 ex.s. c 151 s 2 are each amended to read as follows:

As used in this title unless the context indicates otherwise:

(1) "Department" means the department of transportation created in RCW 47.01.031;

(2) "Commission" means the transportation ((~~commission~~)) accountability board created in ((~~RCW 47.01.051~~)) section 3 of this act;

(3) "Secretary" means the secretary of transportation as provided for in RCW 47.01.041.

NEW SECTION. Sec. 3. A new section is added to chapter 47.01 RCW to read as follows:

TRANSPORTATION ACCOUNTABILITY BOARD. (1) The transportation accountability board is created.

(2) To ensure continuity and an expert knowledge base, the governor may select from among the members of the transportation commission when making initial board appointments.

(3) The board is composed of five members. The governor shall appoint the members of the board with the advice and consent of the senate for terms of four years, except that two members initially are appointed for terms of two years. Members should have transportation experience in management, operations, planning, budgeting, project management, or performance measurement.

(4) The governor may not remove members from the board before the expiration of their terms unless for cause based upon a determination of incapacity, incompetence, neglect of duty, or malfeasance in office by the Thurston county superior court, upon petition and show cause proceedings brought for that purpose in that court and directed to the board member in question.

(5) No member may be appointed for more than three consecutive terms.

NEW SECTION. Sec. 4. A new section is added to chapter 47.01 RCW to read as follows:

MEETINGS AND ORGANIZATION. (1) The board shall meet periodically upon the call of its chair. It may adopt its own rules and may establish its own procedures. It shall act collectively in harmony with recorded resolutions or motions adopted by a majority vote of the members.

(2) The board shall elect one of its members as the chair for a term of two years. The chair may vote on all matters before the board.

(3) Each member of the board will be compensated in accordance with RCW 43.03.250 and reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the board or that are incurred in the discharge of duties requested by the chair. However, in no event may a board member be compensated in any year for more than one hundred twenty days, except the chair of the board may be compensated for not more than one hundred fifty days. Service on the board does not qualify as a service credit for the purposes of a public retirement system.

(4) The board shall keep proper records and is subject to audit by the state auditor.

NEW SECTION. Sec. 5. A new section is added to chapter 47.01 RCW to read as follows:

ADMINISTRATION AND STAFF. (1) The board, at its option, may appoint a professional administrator and staff, who shall serve at its pleasure and whose salary is set by the board, or make provisions ensuring these responsibilities are carried out by the legislative evaluation and accountability program. Staff support to the board will be provided by the legislative evaluation and accountability program, which shall provide professional support for the duties, functions, responsibilities, and activities of the board, including but not limited to information technology systems; data collection, processing, analysis, and reporting; project management; and office space, equipment, and secretarial support.

(2) The board may from time to time retain planners, consultants, and other technical personnel to advise it in the performance of its duties.

NEW SECTION. Sec. 6. A new section is added to chapter 47.01 RCW to read as follows:

POWERS AND DUTIES. (1) The transportation accountability board shall serve as a single, independent, statewide point of accountability for reporting, analyzing, and monitoring the performance of an integrated transportation system. The board has the following responsibilities:

(a) Develop performance measures for the transportation system for the purposes enumerated in section 1 of this act;

(b) Implement and oversee the attainment of benchmarks and performance measures that have been adopted by the board;

(c) Report biennially to the governor and the legislature on progress toward achieving recommended reforms and efficiencies, and make policy recommendations for furthering progress toward achieving;

(d) Monitor and report the efforts at the state, city, county, and transit district levels on adopting leading-edge transportation strategies.

(2) The board must be given timely access, upon written request of the administrator, to all machine readable, printed, and other data of state agencies relative to transportation expenditures, budgets, and related fiscal matters.

(3) In developing the benchmarks and performance measures, the board shall solicit the input from cities, counties, transits, state agencies, transportation stakeholders, and the public. The board shall report back to the legislature on the adopted benchmarks and performance measures by January 1, 2003.

NEW SECTION. Sec. 7. A new section is added to chapter 47.01 RCW to read as follows:

To carry out section 5 of this act, the legislative evaluation and accountability program shall provide for:

(1) Automated data bases and application systems in support of board requirements to monitor, evaluate, analyze, report, and review;

(2) Maintenance of computer software, application programs, data bases, and related documentation;

(3) Education, training, and programming services;

(4) Procedural documentation support; and

(5) Consulting assistance on special projects.

NEW SECTION. Sec. 8. A new section is added to chapter 47.01 RCW to read as follows:

By December 15th of each even‑numbered year, the transportation accountability board shall prepare and submit to the house and senate standing committees on transportation and the office of financial management, a comprehensive statewide report on transportation systems at the state, county, city, and transit levels, measuring each system's performance and progress in achieving the benchmarks and performance measures adopted by the board under section 6 of this act.

NEW SECTION. Sec. 9. A new section is added to chapter 47.01 RCW to read as follows:

The board shall cooperate, act, and function with Washington state legislative committees and may cooperate with the councils or committees of other states similar to this board and with other interstate research organizations.

NEW SECTION. Sec. 10. A new section is added to chapter 43.105 RCW to read as follows:

The transportation accountability board is expressly exempt from this chapter.

Sec. 11. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((~~and~~)) (14) the secretary of health, and (15) the director of financial institutions.

Such officers, except the ((~~secretary of transportation and the~~)) director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. ((~~The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.~~)) The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

Sec. 12. RCW 47.01.041 and 1983 1st ex.s. c 53 s 28 are each amended to read as follows:

The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the ((~~transportation commission, and~~)) governor with the consent of the senate. The secretary shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. The secretary ((shall be an ex officio member of the commission without a vote. The secretary shall be the chief executive officer of the commission and be responsible to it, and shall be guided by policies established by it. The secretary shall serve until removed by the commission, but only for incapacity, incompetence, neglect of duty, malfeasance in office, or failure to carry out the commission's policies. Before a motion for dismissal shall be acted on by the commission, the secretary shall be granted a hearing on formal written charges before the full commission. An action by the commission to remove the secretary shall be final)) serves at the pleasure of the governor.

Sec. 13. RCW 47.01.101 and 1987 c 505 s 48 and 1987 c 179 s 1 are each reenacted and amended to read as follows:

The secretary shall have the authority and it shall be his or her duty, subject to policy guidance from the ((~~commission~~)) governor:

(1) To serve as chief executive officer of the department with full administrative authority to direct all its activities;

(2) To organize the department as he or she may deem necessary to carry out the work and responsibilities of the department effectively;

(3) To designate and establish such transportation district or branch offices as may be necessary or convenient, and to appoint assistants and delegate any powers, duties, and functions to them or any officer or employee of the department as deemed necessary to administer the department efficiently;

(4) To direct and coordinate the programs of the various divisions of the department to assure that they achieve the greatest possible mutual benefit, produce a balanced overall effort, and eliminate unnecessary duplication of activity;

(5) To adopt all department rules that are subject to the adoption procedures contained in the state Administrative Procedure Act((~~, except rules subject to adoption by the commission pursuant to statute~~));

(6) To maintain and safeguard the official records of the department((~~, including the commission's recorded resolutions and orders~~));

(7) ((To provide full staff support to the commission to assist it in carrying out its functions, powers, and duties and to execute the policy established by the commission pursuant to its legislative authority;

~~(8)~~)) To execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation and, in such manner as prescribed therein, to make and report to the ((~~commission~~)) governor and the chairs of the transportation committees of the senate and house of representatives, including one copy to the staff of each of the committees, deviations from the planned biennial category A and H highway construction programs necessary to adjust to unexpected delays or other unanticipated circumstances((.));

((~~(9)~~)) (8) To exercise all other powers and perform all other duties as are now or hereafter provided by law.

NEW SECTION. Sec. 14. A new section is added to chapter 47.01 RCW to read as follows:

All references in the Revised Code of Washington to the transportation commission that assign committee membership, or administrative or policy-making authority, are transferred to the secretary of transportation.

NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:

(1) RCW 47.01.051 (Commission created‑-Appointment of members‑-Terms‑-Qualifications‑-Removal) and 1977 ex.s. c 151 s 5;

(2) RCW 47.01.061 (Commission‑-Procedures and internal operations) and 1987 c 364 s 2, 1984 c 287 s 94, 1983 1st ex.s. c 53 s 29, 1981 c 59 s 1, & 1977 ex.s. c 151 s 6; and

(3) RCW 47.01.070 (Director's and commissioner's prior assignments may be delegated) and 1977 ex.s. c 151 s 27 & 1961 c 13 s 47.01.070.

NEW SECTION. Sec. 16. Sections 1 through 15 of this act take effect July 1, 2002.

PART II

ALTERNATIVE DELIVERY PROCEDURES FOR CONSTRUCTION SERVICES

NEW SECTION. Sec. 17. The legislature finds that there is a pressing need for additional transportation projects to meet the mobility needs of Washington citizens. With major new investments approved to meet these pressing needs, additional work force assistance is necessary to ensure and enhance project delivery timelines. Recruiting and retaining a high quality work force, and implementing new and innovative procedures for delivering these transportation projects is required to accomplish them on a timely basis that best serves the public. It is the intent of sections 18 and 19 of this act that no state employees will lose their employment as a result of implementing new and innovative project delivery procedures.

NEW SECTION. Sec. 18. A new section is added to chapter 47.28 RCW to read as follows:

(1) The department of transportation shall work with representatives of transportation labor groups to develop and implement a financial incentive program to aid in retention and recruitment of employee classifications where problems exist and program delivery is negatively affected. The department shall accommodate the impacts of the financial incentive program within its newly enacted capital construction budgets. The department of personnel shall implement, as required, specific aspects of the financial incentive package, as developed by the department of transportation.

(2) Notwithstanding chapter 41.06 RCW, the department of transportation may acquire consultant services from qualified private firms in order to deliver the transportation construction program to the public. Consultant services may be acquired solely for augmenting the department's work force capacity and only when the department's transportation construction program cannot be delivered through its existing or readily available work force. The department of transportation shall work with representatives of transportation labor groups to develop and implement a program identifying those projects requiring contract services while establishing a program as defined in subsection (1) of this section to provide the classified personnel necessary to deliver future construction programs. The procedures for acquiring construction engineering services from private firms may not be used to displace existing state employees nor diminish the number of existing classified positions in the present construction program. The acquisition procedures must be in accordance with chapter 39.80 RCW.

(3) Starting in December 2003, and biennially thereafter, the secretary shall report to the transportation committees of the legislature on the use of construction engineering services from private firms authorized under this section. The information provided to the committees must include an assessment of the benefits and costs associated with using engineering services, or other services, from private firms, and a comparison of public versus private sector costs. The secretary is authorized to act on these findings to ensure the most cost-effective means of service delivery.

Sec. 19. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:

(1) Nothing contained in this chapter shall prohibit any department, as defined in RCW 41.06.020, from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by such department prior to April 23, 1979: PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract.

(2) Nothing contained in this chapter prohibits the department of transportation from purchasing construction engineering services by contract from qualified private businesses as specified in section 18(2) of this act.

NEW SECTION. Sec. 20. Sections 17 through 19 of this act and RCW 41.06.380(2) are null and void if new transportation revenues do not become law by January 1, 2002. Sections 17 through 19 of this act and RCW 41.06.380(2) are effective only for the period consistent with the new transportation revenues, after which time these provisions will expire.

PART III

APPRENTICESHIP AND ADJUSTMENTS TO PREVAILING WAGE PROVISIONS

NEW SECTION. Sec. 21. (1) The legislature finds that a skilled technical work force is necessary for maintaining, preserving, and improving Washington's transportation system. The Blue Ribbon Commission on Transportation found that state and local transportation agencies are showing signs of a work force that is insufficiently skilled to operate the transportation system at its highest level. Sections 21 through 29 of this act are intended to explore methods for fostering a stronger industry in transportation planning and engineering.

(2) It is the intent of the legislature that the state prevailing wage process operate efficiently, that the process allow contractors and workers to be paid promptly, and that new technologies and innovative outreach methods be used to enhance wage surveys in order to better reflect current wages in counties across the state.

(3) The legislature finds that in order to enhance the prevailing wage process it is appropriate for all intent and affidavit fees paid by contractors be dedicated to the sole purpose of administering the state prevailing wage program.

(4) To accomplish the intent of this section and in order to enhance the response of businesses and labor representatives to the prevailing wage survey process, the department shall undertake the following activities:

(a) Establish a goal of conducting surveys for each trade every three years;

(b) Actively promote increased response rates from all survey recipients in every county both urban and rural. The department shall provide public education and technical assistance to businesses, labor representatives, and public agencies in order to promote a better understanding of prevailing wage laws and increased participation in the prevailing wage survey process;

(c) Actively work with businesses, labor representatives, public agencies, and others to ensure the integrity of information used in the development of prevailing wage rates, and ensure uniform compliance with requirements of sections 21 through 29 of this act;

(d) Maintain a timely processing of intents and affidavits, with a target processing time no greater than seven working days from receipt of completed forms;

(e) Develop and implement electronic processing of intents and affidavits and promote the efficient and effective use of technology to improve the services provided by the prevailing wage program.

NEW SECTION. Sec. 22. A new section is added to chapter 49.04 RCW to read as follows:

The apprenticeship council shall work with the department of transportation, local transportation jurisdictions, local and state joint apprenticeships, representatives of transportation labor groups, and representatives of the state's universities and community and vocational colleges to establish technical apprenticeship opportunities specific to the needs of transportation. The council shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2001. The report must include, but not be limited to, findings and recommendations regarding the establishment of transportation technical training programs within the community and vocational college system and in the state universities.

NEW SECTION. Sec. 23. A new section is added to chapter 47.01 RCW to read as follows:

The department of transportation shall work with local transportation jurisdictions and representatives of transportation labor groups to establish a human resources skills bank of transportation professionals. The skills bank must be designed to allow all transportation authorities to draw from it when needed. The department shall issue a report of findings and recommendations to the transportation committees of the legislature by December 1, 2001. The report must include, but not be limited to, identification of any statutory or administrative rule changes necessary to create the skills bank and allow it to function in the manner described.

NEW SECTION. Sec. 24. A new section is added to chapter 47.06 RCW to read as follows:

The state-interest component of the statewide multimodal transportation plan must include a plan for enhancing the skills of the existing technical transportation work force.

Sec. 25. RCW 47.80.030 and 1998 c 171 s 9 are each amended to read as follows:

(1) Each regional transportation planning organization shall develop in cooperation with the department of transportation, providers of public transportation and high capacity transportation, ports, and local governments within the region, adopt, and periodically update a regional transportation plan that:

(a) Is based on a least cost planning methodology that identifies the most cost-effective facilities, services, and programs;

(b) Identifies existing or planned transportation facilities, services, and programs, including but not limited to major roadways including state highways and regional arterials, transit and nonmotorized services and facilities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation demand management that should function as an integrated regional transportation system, giving emphasis to those facilities, services, and programs that exhibit one or more of the following characteristics:

(i) Crosses member county lines;

(ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;

(iii) Significant impacts are expected to be felt in more than one county;

(iv) Potentially adverse impacts of the facility, service, program, or project can be better avoided or mitigated through adherence to regional policies;

(v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance; and

(vi) Provides for system continuity;

(c) Establishes level of service standards for state highways and state ferry routes, with the exception of transportation facilities of statewide significance as defined in RCW 47.06.140. These regionally established level of service standards for state highways and state ferries shall be developed jointly with the department of transportation, to encourage consistency across jurisdictions. In establishing level of service standards for state highways and state ferries, consideration shall be given for the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local commuters using state facilities;

(d) Includes a financial plan demonstrating how the regional transportation plan can be implemented, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance needed facilities, services, and programs;

(e) Assesses regional development patterns, capital investment and other measures necessary to:

(i) Ensure the preservation of the existing regional transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit, railroad systems and corridors, and nonmotorized facilities; and

(ii) Make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods;

(f) Sets forth a proposed regional transportation approach, including capital investments, service improvements, programs, and transportation demand management measures to guide the development of the integrated, multimodal regional transportation system; ((~~and~~))

(g) Where appropriate, sets forth the relationship of high capacity transportation providers and other public transit providers with regard to responsibility for, and the coordination between, services and facilities; and

(h) Provides for training that enhances the skills of the existing technical transportation work force.

(2) The organization shall review the regional transportation plan biennially for currency and forward the adopted plan along with documentation of the biennial review to the state department of transportation.

(3) All transportation projects, programs, and transportation demand management measures within the region that have an impact upon regional facilities or services must be consistent with the plan and with the adopted regional growth and transportation strategies.

NEW SECTION. Sec. 26. The department of labor and industries, in cooperation with the department of transportation, shall conduct an assessment of the current practices, including survey techniques, used in setting prevailing wages for those trades related to transportation facilities and transportation project delivery. The assessment must include an analysis of regional variations. A final report must be submitted to the governor and the transportation committees of the senate and house of representatives by December 1, 2001.

NEW SECTION. Sec. 27. A new section is added to chapter 39.12 RCW to read as follows:

(1) In establishing the prevailing rate of wage under RCW 39.12.010, 39.12.015, and 39.12.020, all data collected by the department may be used only in the county for which the work was performed.

(2) This section only applies to prevailing wage surveys initiated on or after August 1, 2001.

Sec. 28. RCW 39.12.070 and 1993 c 404 s 1 are each amended to read as follows:

The department of labor and industries may charge fees to awarding agencies on public works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The amount of the fees shall be established by rules adopted by the department under the procedures in the administrative procedure act, chapter 34.05 RCW. The fees shall apply to all approvals, certifications, and arbitration requests made after the effective date of the rules. All fees shall be deposited in the public works administration account. ((On the fifteenth day of the first month of each quarterly period, an amount equalling thirty percent of the revenues received into the public works administration account shall be transferred into the general fund.)) The department may refuse to arbitrate for contractors, subcontractors, persons, or organizations which have not paid the proper fees. The department may, if necessary, request the attorney general to take legal action to collect delinquent fees.

The department shall set the fees permitted by this section at a level that generates revenue that is as near as practicable to the amount of the appropriation to administer this chapter, including, but not limited to, the performance of adequate wage surveys, and to investigate and enforce all alleged violations of this chapter, including, but not limited to, incorrect statements of intent to pay prevailing wage, incorrect certificates of affidavits of wages paid, and wage claims, as provided for in this chapter and chapters 49.48 and 49.52 RCW. However, the fees charged for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid shall be no greater than twenty-five dollars.

Sec. 29. RCW 39.12.080 and 2001 c 219 s 3 are each amended to read as follows:

The public works administration account is created in the state treasury. The department of labor and industries shall deposit in the account all moneys received from fees or civil penalties collected under RCW 39.12.050, 39.12.065, and 39.12.070. Appropriations from the account((~~, not including moneys transferred to the general fund pursuant to RCW 39.12.070,~~)) may be made only for the purposes of administration of this chapter, including, but not limited to, the performance of adequate wage surveys, and for the investigation and enforcement of all alleged violations of this chapter as provided for in this chapter and chapters 49.48 and 49.52 RCW.

NEW SECTION. Sec. 30. Sections 21 through 29 of this act are null and void if new transportation revenues do not become law by January 1, 2002.

NEW SECTION. Sec. 31. The sum of nine hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the public works administration account to the department of labor and industries for the biennium ending June 30, 2003, to carry out the purposes of sections 26 through 29 of this act.

PART IV

TRANSPORTATION PLANNING AND EFFICIENCY

Sec. 32. RCW 47.05.010 and 1993 c 490 s 1 are each amended to read as follows:

The legislature finds that solutions to state highway deficiencies have become increasingly complex and diverse and that anticipated transportation revenues will fall substantially short of the amount required to satisfy all transportation needs. Difficult investment trade-offs will be required.

It is the intent of the legislature that investment of state transportation funds to address deficiencies on the state highway system be based on a policy of priority programming having as its basis the rational selection of projects and services according to factual need and an evaluation of life cycle costs and benefits ((~~and which~~)) that are systematically scheduled to carry out defined objectives within available revenue. The state must develop analytic tools to use a common methodology to measure benefits and costs for all modes.

The priority programming system ((~~shall~~)) must ensure preservation of the existing state highway system, relieve congestion, provide mobility for people and goods, support the state's economy, and promote environmental protection and energy conservation.

The priority programming system ((~~shall~~)) must implement the state-owned highway component of the statewide ((~~multimodal~~)) transportation plan, consistent with local and regional transportation plans, by targeting state transportation investment to appropriate multimodal solutions ((~~which~~)) that address identified state highway system deficiencies.

The priority programming system for improvements ((~~shall~~)) must incorporate a broad range of solutions that are identified in the statewide ((~~multimodal~~)) transportation plan as appropriate to address state highway system deficiencies, including but not limited to highway expansion, efficiency improvements, nonmotorized transportation facilities, high occupancy vehicle facilities, transit facilities and services, rail facilities and services, and transportation demand management programs.

Sec. 33. RCW 47.05.030 and 1998 c 171 s 6 are each amended to read as follows:

The transportation commission shall adopt a comprehensive six-year investment program specifying program objectives and performance measures for the preservation and improvement programs defined in this section. In the specification of investment program objectives and performance measures, the transportation commission, in consultation with the Washington state department of transportation, shall define and adopt standards for effective programming and prioritization practices including a needs analysis process. The ((~~needs~~)) analysis process ((~~shall~~)) must ensure the identification of problems and deficiencies, the evaluation of alternative solutions and trade-offs, and estimations of the costs and benefits of prospective projects. The investment program ((~~shall~~)) must be revised biennially, effective on July 1st of odd-numbered years. The investment program ((~~shall~~)) must be based upon the needs identified in the state-owned highway component of the statewide ((~~multimodal~~)) transportation plan as defined in RCW 47.01.071(3).

(1) The preservation program ((~~shall~~)) consists of those investments necessary to preserve the existing state highway system and to restore existing safety features, giving consideration to lowest life cycle costing. The preservation program must require use of the most cost-effective pavement surfaces, considering:

(a) Life-cycle cost analysis;

(b) Traffic volume;

(d) Environmental and weather conditions;

(e) Materials available; and

(f) Construction factors.

The comprehensive six-year investment program for preservation ((~~shall~~)) must identify projects for two years and an investment plan for the remaining four years.

(2) The improvement program ((~~shall~~)) consists of investments needed to address identified deficiencies on the state highway system to increase mobility, address congestion, and improve ((~~mobility,~~)) safety, support for the economy, and protection of the environment. The six-year investment program for improvements ((~~shall~~)) must identify projects for two years and major deficiencies proposed to be addressed in the six-year period giving consideration to relative benefits and life cycle costing. The transportation commission shall give higher priority for correcting identified deficiencies on those facilities classified as facilities of statewide significance as defined in RCW 47.06.140. Project prioritization must be based primarily upon cost-benefit analysis, where appropriate.

The transportation commission shall approve and present the comprehensive six-year investment program to the legislature in support of the biennial budget request under RCW 44.40.070 and 44.40.080.

Sec. 34. RCW 47.05.035 and 1993 c 490 s 4 are each amended to read as follows:

(1) The department and the commission shall use the transportation demand modeling tools developed under subsection (2) of this section to evaluate investments based on the best mode or improvement, or mix of modes and improvements, to meet current and future long-term demand within a corridor or system for the lowest cost. The end result of these demand modeling tools is to provide a cost-benefit analysis by which the department and the commission can determine the relative mobility improvement and congestion relief each mode or improvement under consideration will provide and the relative investment each mode or improvement under consideration will need to achieve that relief.

(2) The department will participate in the refinement, enhancement, and application of existing transportation demand modeling tools to be used to evaluate investments. This participation and use of transportation demand modeling tools will be phased in. The first phase will build upon the modeling work initiated by the four-county Puget Sound regional council.

(3) In developing program objectives and performance measures, the transportation commission shall evaluate investment trade-offs between the preservation and improvement programs. In making these investment trade-offs, the commission shall evaluate, using cost-benefit techniques, roadway and bridge maintenance activities as compared to roadway and bridge preservation program activities and adjust those programs accordingly.

(4) The commission shall allocate the estimated revenue between preservation and improvement programs giving primary consideration to the following factors:

((~~(1)~~)) (a) The relative needs in each of the programs and the system performance levels that can be achieved by meeting these needs;

((~~(2)~~)) (b) The need to provide adequate funding for preservation to protect the state's investment in its existing highway system;

((~~(3)~~)) (c) The continuity of future transportation development with those improvements previously programmed; and

((~~(4)~~)) (d) The availability of dedicated funds for a specific type of work.

Sec. 35. RCW 47.06.130 and 1993 c 446 s 13 are each amended to read as follows:

(1) The department may carry out special transportation planning studies to resolve specific issues with the development of the state transportation system or other statewide transportation issues.

(2) The department shall conduct multimodal corridor analyses on major congested corridors where needed improvements are likely to cost in excess of one hundred million dollars. Analysis will include the cost-effectiveness of all feasible strategies in addressing congestion or improving mobility within the corridor, and must recommend the most effective strategy or mix of strategies to address identified deficiencies. A long-term view of corridors must be employed to determine whether an existing corridor should be expanded, a city or county road should become a state route, and whether a new corridor is needed to alleviate congestion and enhance mobility based on travel demand. To the extent practicable, full costs of all strategies must be reflected in the analysis. At a minimum, this analysis must include:

(a) The current and projected future demand for total person trips on that corridor;

(b) The impact of making no improvements to that corridor;

(d) The cost per hour of travel time saved per day for each mode or improvement proposed to meet demand; and

(e) How much of the current and anticipated future demand will be met and left unmet for each mode or improvement proposed to meet demand.

The end result of this analysis will be to provide a cost-benefit analysis by which policymakers can determine the most cost-effective improvement or mode, or mix of improvements and modes, for increasing mobility and reducing congestion.

NEW SECTION. Sec. 36. The legislature intends that funding for transportation improvements be allocated to the worst traffic chokepoints in the state. Furthermore, the legislature intends to fund projects that provide systemic relief throughout a transportation corridor, rather than spot improvements that fail to improve overall mobility within a corridor.

Sec. 37. RCW 47.05.051 and 1998 c 175 s 12 are each amended to read as follows:

(1) The comprehensive six-year investment program shall be based upon the needs identified in the state-owned highway component of the statewide multimodal transportation plan as defined in RCW 47.01.071(3) and priority selection systems that incorporate the following criteria:

((~~(1)~~)) (a) Priority programming for the preservation program shall take into account the following, not necessarily in order of importance:

((~~(a)~~)) (i) Extending the service life of the existing highway system, including using the most cost-effective pavement surfaces, considering:

(A) Life-cycle cost analysis;

(B) Traffic volume;

(D) Environmental and weather conditions;

(E) Materials available; and

(F) Construction factors;

((~~(b)~~)) (ii) Ensuring the structural ability to carry loads imposed upon highways and bridges; and

((~~(c)~~)) (iii) Minimizing life cycle costs. The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select preservation projects to be included in the six-year program.

((~~(2)~~)) (b) Priority programming for the improvement program ((~~shall take into account~~)) must be based primarily upon the following:

((~~(a)~~)) (i) Traffic congestion, delay, and accidents;

(ii) Location within a heavily traveled transportation corridor;

(iii) Synchronization with other potential transportation projects, including transit and multimodal projects, within the heavily traveled corridor; and

(iv) Use of benefit/cost analysis wherever feasible to determine the value of the proposed project.

(i) Support for the state's economy, including job creation and job preservation;

((~~(b)~~)) (ii) The cost-effective movement of people and goods;

((~~(c)~~)) (iii) Accident and accident risk reduction;

((~~(d)~~)) (iv) Protection of the state's natural environment;

((~~(e)~~)) (v) Continuity and systematic development of the highway transportation network;

((~~(f)~~)) (vi) Consistency with local comprehensive plans developed under chapter 36.70A RCW;

((~~(g)~~)) (vii) Consistency with regional transportation plans developed under chapter 47.80 RCW;

((~~(h)~~)) (viii) Public views concerning proposed improvements;

((~~(i)~~)) (ix) The conservation of energy resources;

((~~(j)~~)) (x) Feasibility of financing the full proposed improvement;

((~~(k)~~)) (xi) Commitments established in previous legislative sessions;

((~~(l)~~)) (xii) Relative costs and benefits of candidate programs((;)).

((~~(m)~~)) (d) Major projects addressing capacity deficiencies which prioritize allowing for preliminary engineering shall be reprioritized during the succeeding biennium, based upon updated project data. Reprioritized projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding((~~; and~~)).

((~~(n)~~)) (e) Major project approvals which significantly increase a project's scope or cost from original prioritization estimates shall include a review of the project's estimated revised priority rank and the level of funding provided. Projects may be delayed or canceled by the transportation commission if higher priority projects are awaiting funding.

((~~(3)~~)) (2) The commission may depart from the priority programming established under subsection((s)) (1) ((~~and (2)~~)) of this section: (a) To the extent that otherwise funds cannot be utilized feasibly within the program; (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations; (c) as may be required to coordinate with federal, local, or other state agency construction projects; (d) to take advantage of some substantial financial benefit that may be available; (e) for continuity of route development; or (f) because of changed financial or physical conditions of an unforeseen or emergent nature. The commission or secretary of transportation shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority.

((~~(4)~~)) (3) The commission shall identify those projects that yield freight mobility benefits or that alleviate the impacts of freight mobility upon affected communities.

NEW SECTION. Sec. 38. The department of transportation shall report the results of its priority programming under RCW 47.05.051 to the transportation committees of the senate and house of representatives by December 1, 2002, and December 1, 2004.

NEW SECTION. Sec. 39. The legislature finds that roads, streets, bridges, and highways in the state represent public assets worth over one hundred billion dollars. These investments require regular maintenance and preservation, or rehabilitation, to provide cost-effective transportation services. Many of these facilities are in poor condition. Given the magnitude of public investment and the importance of safe, reliable roadways to the motoring public, the legislature intends to create stronger accountability to ensure that cost-effective maintenance and preservation is provided for these transportation facilities.

Sec. 40. RCW 35.84.060 and 1969 ex.s. c 281 s 26 are each amended to read as follows:

Every municipal corporation which owns or operates an urban public transportation system as defined in RCW 47.04.082 within its corporate limits, may acquire, construct, extend, own, or operate such urban public transportation system to any point or points not to exceed fifteen miles outside of its corporate limits: PROVIDED, That no municipal corporation shall extend its urban public transportation system beyond its corporate limits to operate in any territory already served by a privately operated auto transportation company holding a certificate of public convenience and necessity from the utilities and transportation commission.

As a condition of receiving state funding, the municipal corporation shall submit a maintenance management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the municipality, and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 41. A new section is added to chapter 36.56 RCW to read as follows:

As a condition of receiving state funding, a county that has assumed the transportation functions of a metropolitan municipal corporation shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the county, and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 42. A new section is added to chapter 36.57A RCW to read as follows:

As a condition of receiving state funding, a public transportation benefit area authority shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the authority, and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 43. A new section is added to chapter 46.68 RCW to read as follows:

During the 2001-2003 biennium, cities and towns shall provide to the transportation commission, or its successor entity, preservation rating information on at least seventy percent of the total city and town arterial network. Thereafter, the preservation rating information requirement shall increase in five percent increments in subsequent biennia. The rating system used by cities and towns must be based upon the Washington state pavement rating method or an equivalent standard approved by the transportation commission or its successor entity.

Sec. 44. RCW 47.06.050 and 1993 c 446 s 5 are each amended to read as follows:

The state-owned facilities component of the statewide transportation plan shall consist of:

(1) The state highway system plan, which identifies program and financing needs and recommends specific and financially realistic improvements to preserve the structural integrity of the state highway system, ensure acceptable operating conditions, and provide for enhanced access to scenic, recreational, and cultural resources. The state highway system plan shall contain the following elements:

(a) A system preservation element, which shall establish structural preservation objectives for the state highway system including bridges, identify current and future structural deficiencies based upon analysis of current conditions and projected future deterioration, and recommend program funding levels and specific actions necessary to preserve the structural integrity of the state highway system consistent with adopted objectives. Lowest life cycle cost methodologies must be used in developing a pavement management system. This element shall serve as the basis for the preservation component of the six-year highway program and the two-year biennial budget request to the legislature;

(b) A highway maintenance element, establishing service levels for highway maintenance on state-owned highways that meet benchmarks established by the transportation commission. The highway maintenance element must include an estimate of costs for achieving those service levels over twenty years. This element will serve as the basis for the maintenance component of the six-year highway program and the two-year biennial budget request to the legislature;

(c) A capacity and operational improvement element, which shall establish operational objectives, including safety considerations, for moving people and goods on the state highway system, identify current and future capacity, operational, and safety deficiencies, and recommend program funding levels and specific improvements and strategies necessary to achieve the operational objectives. In developing capacity and operational improvement plans the department shall first assess strategies to enhance the operational efficiency of the existing system before recommending system expansion. Strategies to enhance the operational efficiencies include but are not limited to access management, transportation system management, demand management, and high-occupancy vehicle facilities. The capacity and operational improvement element must conform to the state implementation plan for air quality and be consistent with regional transportation plans adopted under chapter 47.80 RCW, and shall serve as the basis for the capacity and operational improvement portions of the six-year highway program and the two-year biennial budget request to the legislature;

((~~(c)~~)) (d) A scenic and recreational highways element, which shall identify and recommend designation of scenic and recreational highways, provide for enhanced access to scenic, recreational, and cultural resources associated with designated routes, and recommend a variety of management strategies to protect, preserve, and enhance these resources. The department, affected counties, cities, and towns, regional transportation planning organizations, and other state or federal agencies shall jointly develop this element;

((~~(d)~~)) (e) A paths and trails element, which shall identify the needs of nonmotorized transportation modes on the state transportation systems and provide the basis for the investment of state transportation funds in paths and trails, including funding provided under chapter 47.30 RCW.

(2) The state ferry system plan, which shall guide capital and operating investments in the state ferry system. The plan shall establish service objectives for state ferry routes, forecast travel demand for the various markets served in the system, ((~~and~~)) develop strategies for ferry system investment that consider regional and statewide vehicle and passenger needs, support local land use plans, and assure that ferry services are fully integrated with other transportation services. The plan must provide for maintenance of capital assets. The plan must also provide for preservation of capital assets based on lowest life cycle cost methodologies. The plan shall assess the role of private ferries operating under the authority of the utilities and transportation commission and shall coordinate ferry system capital and operational plans with these private operations. The ferry system plan must be consistent with the regional transportation plans for areas served by the state ferry system, and shall be developed in conjunction with the ferry advisory committees.

Sec. 45. RCW 47.06.090 and 1993 c 446 s 9 are each amended to read as follows:

The state-interest component of the statewide multimodal transportation plan shall include an intercity passenger rail plan, which shall analyze existing intercity passenger rail service and recommend improvements to that service under the state passenger rail service program including depot improvements, potential service extensions, and ways to achieve higher train speeds.

For purposes of maintaining and preserving any state-owned component of the state's passenger rail program, the statewide multimodal transportation plan must identify all such assets and provide a preservation plan based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 46. A new section is added to chapter 81.112 RCW to read as follows:

As a condition of receiving state funding, a regional transit authority shall submit a maintenance and preservation management plan for certification by the transportation commission or its successor entity. The plan must inventory all transportation system assets within the direction and control of the transit authority, and provide a plan for preservation of assets based on lowest life cycle cost methodologies.

NEW SECTION. Sec. 47. A new section is added to chapter 36.78 RCW to read as follows:

The board shall establish a standard of good practice for maintenance of transportation system assets. This standard must be implemented by all counties no later than December 31, 2006. The board shall develop a model maintenance management system for use by counties. The board shall develop rules to assist the counties in the implementation of this system. Counties shall annually submit their maintenance plans to the board. The board shall compile the county data regarding maintenance management and annually submit it to the transportation commission or its successor entity.

NEW SECTION. Sec. 48. Captions and part headings used in this act are not part of the law.

NEW SECTION. Sec. 49. Sections 32 through 35 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2001.

NEW SECTION. Sec. 50. 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.