Z-1251.3  _______________________________________________

 

                          HOUSE BILL 2451

          _______________________________________________

 

State of Washington      57th Legislature     2002 Regular Session

 

By Representatives Fisher, Chase and Ogden; by request of Governor Locke

 

Read first time 01/17/2002.  Referred to Committee on Transportation.

Making supplemental transportation appropriations.


    AN ACT Relating to transportation funding and appropriations; amending RCW 47.60.010; amending 2001 2nd sp.s. c 14 ss 102, 203, 204, 209, 210, 211, 212, 213, 214, 215, 216, 217, 221, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 401, 402, 403, 406, and 407 (uncodified); adding a new section to 2001 2nd sp.s. c 14 (uncodified); making appropriations; providing an expiration date; and declaring an emergency.

 

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

 

                         2001-03 BIENNIUM

 

              GENERAL GOVERNMENT AGENCIES-‑OPERATING

 

    Sec. 101.  2001 2nd sp.s. c 14 s 102 (uncodified) is amended to read as follows:

FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM

Motor Vehicle Account‑-State Appropriation.......... $ ((1,676,000))

                                                           488,000

 

    ((The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:  $1,188,000 of the motor vehicle account‑-state appropriation is provided for the implementation of House Bill No. 2269 in the form enacted by the legislature.  If House Bill No. 2269 is not enacted in the form passed by the legislature by July 31, 2001, this funding will lapse.))

 

                           (End of part)


 

 

                      TRANSPORTATION AGENCIES

 

    Sec. 201.  2001 2nd sp.s. c 14 s 203 (uncodified) is amended to read as follows:

FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account‑-State

    Appropriation.............................. $   ((50,182,000))

                                                        57,884,000

Motor Vehicle Account‑-State Appropriation..... $        1,887,000

County Arterial Preservation Account‑-

    State Appropriation........................ $   ((28,551,000))

                                                        31,403,000

           TOTAL APPROPRIATION................. $   ((80,620,000))

                                                        91,174,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    It is the intent of the legislature that the county road administration board receive separate programmatic appropriations for the operating program and the capital program for the 2001-03 biennium, and thereafter.  Agency administrative costs may not be charged against projects or funded from the capital program appropriations.

    (1) (($1,540,000)) $1,887,000 of the motor vehicle account‑‑state appropriation, $870,000 of the county arterial preservation account‑‑state appropriation, and $917,000 of the rural arterial trust account‑‑state appropriation are provided for the operations program.  Of the motor vehicle account‑-state appropriation, $368,000 is provided for county ferries as set forth in RCW 47.56.724(4).

    (2) (($347,000 of the motor vehicle account‑‑state appropriation, $27,681,000)) $30,533,000 of the county arterial preservation account‑‑state appropriation, and (($49,265,000)) $56,967,000 of the rural arterial trust account‑‑state appropriation are provided for the capital program.

 

    Sec. 202.  2001 2nd sp.s. c 14 s 204 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION IMPROVEMENT BOARD

Urban Arterial Trust Account‑-State

    Appropriation.............................. $   ((94,690,000))

                                                       113,174,000

Transportation Improvement Account‑-

    State Appropriation........................ $  ((118,605,000))

                                                       133,007,000

           TOTAL APPROPRIATION................. $  ((213,295,000))

                                                       246,181,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    It is the intent of the legislature that the transportation improvement board receive separate programmatic appropriations for the operating program and the capital program for the 2001-03 biennium, and thereafter.  Agency administrative costs may not be charged against projects or funded from the capital program appropriations.

    (1) $1,551,000 of the transportation improvement account‑‑state appropriation and $1,552,000 of the urban arterial trust account‑‑state appropriation are provided for the operations program.

    (2) (($117,054,000)) $131,456,000 of the transportation improvement account‑‑state appropriation and (($93,138,000)) $111,622,000 of the urban arterial trust account‑‑state appropriation are provided for the capital program.

    (3) The transportation improvement account‑-state appropriation includes (($47,325,000)) $34,030,000 in proceeds from the sale of bonds authorized in RCW 47.26.500.  The transportation improvement board may authorize the use of current revenues available to the agency in-lieu of bond proceeds for any part of the state appropriation.

 

    Sec. 203.  2001 2nd sp.s. c 14 s 209 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-FIELD OPERATIONS BUREAU

State Patrol Highway Account‑-

    State Appropriation........................ $  ((162,081,000))

                                                       166,215,000

State Patrol Highway Account‑-

    Federal Appropriation...................... $    ((7,084,000))

                                                         7,278,000

State Patrol Highway Account‑-

    Private/Local Appropriation................ $          169,000

           TOTAL APPROPRIATION................. $  ((169,334,000))

                                                       173,662,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities of the field operations bureau:

    (1) As a result of the elimination of the vehicle inspection number (VIN) program, no permanent Washington state patrol employee shall be displaced from employment without the opportunity to fill a vacant patrol position for which he or she has a preference and meets the minimum qualifications.  For the purpose of the VIN program elimination, the guidelines under chapter 356-26 WAC (Registers-Certifications) shall be suspended for those employees holding the classification of VIN 1 or 2.

    (2) To the extent possible, the agency shall transfer displaced VIN personnel into the 20 newly created school bus inspection and motor carrier safety assistance program positions.  The agency shall fill existing vacant positions within the commercial vehicle division with displaced VIN personnel.  The agency shall report by December 31, 2001, to the senate and house of representatives transportation committees on efforts to relocate displaced VIN personnel.

 

    NEW SECTION.  Sec. 204.  A new section is added to 2001 2nd sp.s. c 14 (uncodified) to read as follows:

FOR THE WASHINGTON STATE PATROL‑-INVESTIGATIVE SERVICES BUREAU

State Patrol Highway Account‑-

    State Appropriation........................ $        5,088,000

 

    Sec. 205.  2001 2nd sp.s. c 14 s 210 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-SUPPORT SERVICES BUREAU

State Patrol Highway Account‑-

    State Appropriation........................ $   ((69,960,000))

                                                        77,506,000

State Patrol Highway Account‑-

    Private/Local Appropriation................ $          735,000

           TOTAL APPROPRIATION................. $   ((70,695,000))

                                                        78,241,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for the activities of the support services bureau.

 

    Sec. 206.  2001 2nd sp.s. c 14 s 211 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-MANAGEMENT AND SUPPORT SERVICES

Marine Fuel Tax Refund Account‑-State

    Appropriation.............................. $        ((7,000))

                                                             3,000

Motorcycle Safety Education Account‑-

    State Appropriation........................ $      ((114,000))

                                                            88,000

Wildlife Account‑-State Appropriation.......... $       ((89,000))

                                                            81,000

Highway Safety Account‑-State Appropriation.... $    ((7,740,000))

                                                         7,745,000

Highway Safety Account‑-Federal Appropriation...                 $ 55,000

Motor Vehicle Account‑-State Appropriation..... $    ((4,230,000))

                                                         4,390,000

Licensing Services Account‑-State

    Appropriation.............................. $      ((123,000))

                                                           165,000

           TOTAL APPROPRIATION................. $   ((12,303,000))

                                                        12,527,000

 

    Sec. 207.  2001 2nd sp.s. c 14 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-INFORMATION SYSTEMS

Marine Fuel Tax Refund Account‑-State

    Appropriation.............................. $            2,000

Motorcycle Safety Education Account‑-

    State Appropriation........................ $       ((50,000))

                                                            13,000

Wildlife Account‑-State Appropriation.......... $           34,000

Highway Safety Account‑-State Appropriation.... $    ((5,655,000))

                                                         5,789,000

Highway Safety Account‑-Federal Appropriation...                 $ 31,000

Motor Vehicle Account‑-State Appropriation..... $    ((3,304,000))

                                                         3,696,000

Licensing Services Account‑-State

    Appropriation.............................. $      ((292,000))

                                                           211,000

           TOTAL APPROPRIATION................. $    ((9,337,000))

                                                         9,776,000

 

    The appropriations in this section are subject to the following conditions and limitations:  The department of licensing shall report to the legislative transportation committees on the progress of the expanded internet service no later than December 15, 2002.

 

    Sec. 208.  2001 2nd sp.s. c 14 s 213 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-VEHICLE SERVICES

Marine Fuel Tax Refund Account‑-

    State Appropriation........................ $           26,000

Wildlife Account‑-State Appropriation.......... $          578,000

Motor Vehicle Account‑-State Appropriation..... $   ((57,043,000))

                                                        57,692,000

Licensing Services Account‑-State

    Appropriation.............................. $    ((3,123,000))

                                                         4,128,000

           TOTAL APPROPRIATION................. $   ((60,770,000))

                                                        62,424,000

 

    Sec. 209.  2001 2nd sp.s. c 14 s 214 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF LICENSING‑-DRIVER SERVICES

Motorcycle Safety Education Account‑-

    State Appropriation........................ $    ((2,223,000))

                                                         2,573,000

Highway Safety Account‑-State Appropriation.... $   ((81,366,000))

                                                        82,537,000

Highway Safety Account‑-Federal Appropriation...                 $ 788,000

           TOTAL APPROPRIATION................. $   ((83,589,000))

                                                        85,898,000

 

    The appropriations in this section are subject to the following conditions and limitations:  The department of licensing shall prepare a capital project plan adopting a process for using certificates of participation to purchase licensing services offices if the combined principle and interest payments are the same or less than existing or future leases on comparable facilities.

 

    Sec. 210.  2001 2nd sp.s. c 14 s 215 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MANAGEMENT AND FACILITIES‑-PROGRAM D‑-OPERATING

Motor Vehicle Account‑-State Appropriation..... $   ((50,649,000))

                                                        50,685,000

Motor Vehicle Account‑-Federal Appropriation... $          400,000

           TOTAL APPROPRIATION................. $   ((51,049,000))

                                                        51,085,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:  $3,296,000 of the motor vehicle account‑‑state appropriation is provided solely for the implementation of Engrossed Senate Bill No. 6188.

 

    Sec. 211.  2001 2nd sp.s. c 14 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-AVIATION‑-PROGRAM F

Aeronautics Account‑-State Appropriation........                 $...................................... ((4,852,000))

                                                         4,899,000

Aircraft Search and Rescue Safety and

    Education Account‑-State Appropriation..... $          160,000

           TOTAL APPROPRIATION................. $    ((5,012,000))

                                                         5,059,000

 

    Sec. 212.  2001 2nd sp.s. c 14 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-IMPROVEMENTS‑-PROGRAM I

Motor Vehicle Account‑-State Appropriation..... $  ((508,936,000))

                                                       424,900,000

Motor Vehicle Account‑-Federal Appropriation... $      219,538,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $       40,904,000

Special Category C Account‑-State

    Appropriation.............................. $   ((72,608,000))

                                                        64,818,000

((Multimodal Transportation Account‑-State

    Appropriation.............................. $      4,880,000))

           TOTAL APPROPRIATION................. $  ((846,866,000))

                                                       750,160,000

 

    The appropriations in this section are provided for the location, design, right of way acquisition, or construction of state highway projects designated as improvements under RCW 47.05.030.  The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The special category C account‑-state appropriation of (($72,608,000)) $64,818,000 includes $63,500,000 in proceeds from the sale of bonds authorized in RCW 47.10.812.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (2) The department shall report December 1st and June 1st of each year to the senate and the house of representatives transportation committees and the office of financial management on the timing and the scope of work being performed for the regional transit authority known as sound transit.  This report shall provide a description of all department activities related to the regional transit authority including investments in state‑owned infrastructure.

    (3) The motor vehicle account‑-state appropriation includes (($391,637,000)) $381,637,000 in proceeds from the sale of bonds authorized by RCW 47.10.843.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (4) ((At least $554,714,000 of the total appropriation is provided for the construction phase of the improvement program.

    (5) $4,880,000 of the multimodal transportation account--state appropriation is provided solely for the state program share of freight mobility projects as identified by the freight mobility strategic investment board.

    (6))) The motor vehicle account--state appropriation includes $3,898,000 in unexpended proceeds from the January 2001 bond sale authorized in RCW 47.10.834 for the Tacoma Narrows bridge project.  The transportation commission may authorize the use of current revenues available to the department of transportation in-lieu of bond proceeds for any part of the state appropriation.

 

    Sec. 213.  2001 2nd sp.s. c 14 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PRESERVATION‑-PROGRAM P

Motor Vehicle Account‑-State Appropriation..... $   ((90,760,000))

                                                       142,493,000

Motor Vehicle Account‑-Federal Appropriation... $  ((318,795,000))

                                                       394,881,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $        8,717,000

((Multimodal Transportation Account‑-State

    Appropriation.............................. $       64,218,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $     95,682,000))

           TOTAL APPROPRIATION................. $  ((578,172,000))

                                                       546,091,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) If portions of the appropriations in this section are required to fund preservation work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations will be requested to restore state funding for ongoing maintenance activities.

    (2) The motor vehicle account‑-state appropriation includes (($6,524,000 for earthquake repairs and to match federal emergency relief funds.  This amount includes)) $3,750,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (3) The motor vehicle account‑-state appropriation includes $10,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843.  The transportation commission may authorize the use of current revenues available to the department in lieu of bond proceeds for any part of the state appropriation.

    (4) The department of transportation is authorized to maximize the use of federal and state funds to implement the provisions of this section.

    (((4) $471,763,000 of the total appropriation is provided for the construction phase of the preservation program.))

    (5) The motor vehicle account‑-federal appropriation and the multimodal transportation account‑-federal appropriation are transferable between each other to ensure efficient funds management and program delivery.

 

    Sec. 214.  2001 2nd sp.s. c 14 s 222 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRAFFIC OPERATIONS‑-PROGRAM Q‑‑OPERATING

Motor Vehicle Account‑-State Appropriation..... $   ((32,402,000))

                                                        35,529,000

Motor Vehicle Account‑-Private/Local

    Appropriation.............................. $          125,000

           TOTAL APPROPRIATION................. $   ((32,527,000))

                                                        35,654,000

 

    Sec. 215.  2001 2nd sp.s. c 14 s 224 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

State Patrol Highway Account‑-State

    Appropriation.............................. $          926,000

Motor Vehicle Account‑-State Appropriation..... $   ((94,632,000))

                                                        95,878,000

Motor Vehicle Account‑-Federal Appropriation... $        2,654,000

Puget Sound Ferry Operations Account‑-

    State Appropriation........................ $    ((6,642,000))

                                                         6,653,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $    ((2,082,000))

                                                         1,296,000

           TOTAL APPROPRIATION................. $  ((106,936,000))

                                                       107,407,000

 

    Sec. 216.  2001 2nd sp.s. c 14 s 225 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION PLANNING, DATA, AND RESEARCH‑-PROGRAM T

Motor Vehicle Account‑-State Appropriation..... $   ((18,250,000))

                                                        11,396,000

Motor Vehicle Account‑-Federal Appropriation... $       18,800,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $      ((987,000))

                                                         1,087,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $        2,000,000

           TOTAL APPROPRIATION................. $   ((40,037,000))

                                                        33,283,000

 

    The appropriations in this section are subject to the following conditions and limitations and the specified amount is provided solely for that activity:

    (((1))) The motor vehicle account‑‑state appropriation includes $1,000,000 distributed under RCW 46.68.110(2):

    (((a))) (1) $500,000 of the distribution under RCW 46.68.110(2) is to be used solely by the department of transportation to collect and enter collision reports into the statewide collision reporting system for local roadway planning and safety analysis.

    (((b))) (2) $500,000 of the distribution under RCW 46.68.110(2) is provided solely to the department of transportation for the Washington strategic freight transportation analysis.  The department shall work with the transportation research center to conduct an origin and destination study to determine the impacts of trade-related truck traffic and other truck impacts on the highway system.  The department may also conduct other research elements, including, but not limited to, freight corridor identification, strategic resource access, and road network review.

    (((2) $6,754,000 of the motor vehicle account‑‑state appropriation is provided for the implementation of Senate Bill No. 5749 in the form enacted by the legislature.  If Senate Bill No. 5749 is not enacted in the form passed by the legislature by July 31, 2001, this funding shall lapse.))

 

    Sec. 217.  2001 2nd sp.s. c 14 s 226 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-CHARGES FROM OTHER AGENCIES‑-PROGRAM U

    Payments in this section represent charges from other state agencies to the department of transportation.

    (1) FOR PAYMENT OF DEPARTMENT OF GENERAL ADMINISTRATION OFFICE OF RISK MANAGEMENT FEES

Motor Vehicle Account‑‑State Appropriation..... $          464,000

Puget Sound Ferry Operations‑‑State

    Appropriation.............................. $          154,000

    (2) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE AUDITOR

Motor Vehicle Account‑-State Appropriation..... $          731,000

    (3) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED MAIL SERVICES

Motor Vehicle Account‑-State Appropriation..... $        4,128,000

    (4) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL

Motor Vehicle Account‑-State Appropriation..... $        2,240,000

    (5) FOR PAYMENT OF SELF-INSURANCE LIABILITY PREMIUMS AND ADMINISTRATION

Motor Vehicle Account‑-State Appropriation..... $   ((13,892,000))

                                                        28,755,000

Motor Vehicle Fund‑-Puget Sound Ferry Operations Account‑-

    State Appropriation........................ $        4,204,000

 

    The office of risk management shall evaluate the risk pool premium assessments to ensure that proper tracking, measuring, and reporting methods have been utilized to ensure funding equity has been maintained.  "Funding equity" includes but is not limited to demonstrating that premiums assessed to the department of transportation will, over time, not exceed claims paid in order to ensure that premiums paid by the department of transportation are not unconstitutionally expended for nonhighway purposes.  The office of risk management shall make a full report of its findings to the legislature no later than January 15, 2002.

 

    (6) FOR PAYMENT OF COSTS OF OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES

Motor Vehicle Account‑-State Appropriation..... $          251,000

    (7) FOR PAYMENT OF THE DEPARTMENT OF GENERAL ADMINISTRATION CAPITAL PROJECTS SURCHARGE

Motor Vehicle Account‑-State Appropriation..... $        1,547,000

    (8) FOR ARCHIVES AND RECORDS MANAGEMENT

Motor Vehicle Account‑-State Appropriation..... $          469,000

           TOTAL APPROPRIATION................. $   ((28,080,000))

                                                        42,943,000

 

    Sec. 218.  2001 2nd sp.s. c 14 s 227 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PUBLIC TRANSPORTATION‑-PROGRAM V

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((11,160,000))

                                                        10,160,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $        3,074,000

Multimodal Transportation Account‑‑

    Private/Local Appropriation................ $          205,000

           TOTAL APPROPRIATION................. $   ((14,439,000))

                                                        13,439,000

 

    Sec. 219.  2001 2nd sp.s. c 14 s 228 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-WASHINGTON STATE FERRIES CONSTRUCTION‑-PROGRAM W

Motor Vehicle Account‑-State

    Appropriation.............................. $  ((144,404,000))

                                                       134,404,000

Motor Vehicle Account‑-Federal

    Appropriation.............................. $       37,472,000

Passenger Ferry Account‑-State Appropriation... $        1,500,000

Passenger Ferry Account‑-Federal

    Appropriation.............................. $        4,000,000

           TOTAL APPROPRIATION................. $  ((187,376,000))

                                                       177,376,000

 

    The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel acquisition, vessel construction, major and minor vessel improvements, and terminal construction and improvements.  The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The motor vehicle account‑-state appropriation includes $50,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries.  The transportation commission may authorize the use of current revenues available to the motor vehicle account in lieu of bond proceeds for any part of the state appropriation.

    (2) Appropriations in this section include funding for the purchase or lease-purchase of one passenger ferry and assume the proceeds of the sale of the MV Kalama and MV Skagit passenger ferries shall be deposited in the passenger ferry account.

    (3) The department shall provide staff support to a legislative oversight committee that will manage a study of the Eagle Harbor maintenance facility.  The legislative oversight committee shall consist of two members from each caucus in each house of the legislature, appointed by the leadership of the members' respective caucus.  The department shall issue a request for proposals on behalf of the legislative oversight committee for an outside consulting firm to conduct a study on the preservation, replacement, or supplementation of the Eagle Harbor maintenance facility.  The study must analyze:  (a) The costs and benefits to preserve and maintain or relocate the facility; (b) the impact of Eagle Harbor employment on the local community and Kitsap county; and (c) a recommendation on future investment in the Eagle Harbor maintenance facility or possible alternatives.  The contractor and the legislative oversight committee must report back to the legislature's transportation committees no later than December 10, 2002.

 

    Sec. 220.  2001 2nd sp.s. c 14 s 229 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Puget Sound Ferry Operations Account‑-State

    Appropriation.............................. $  ((321,673,000))

                                                       314,570,000

 

    The appropriation in this section is subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The appropriation is based on the budgeted expenditure of (($46,881,000)) $38,399,000 for vessel operating fuel in the 2001-2003 biennium.  If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended.  If the actual cost exceeds this amount, the department shall request a supplemental appropriation.

    (2) The appropriation provides for the compensation of ferry employees.  The expenditures for compensation paid to ferry employees during the 2001-2003 biennium may not exceed (($206,696,000)) $207,065,000 plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $432.82 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for the respective fiscal year, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2001-2003 biennium.  For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).

    The prescribed salary and insurance benefit increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 2001, and thereafter, as established in the 2001-2003 general fund operating budget.

    (3) The department shall issue a request for information from entities interested in purchasing advertising on board Washington state ferry vessels.  The department shall evaluate the proposals and report back to the legislature's transportation committees in January 2002 regarding the potential for revenue from different types of advertising.

    (4) The department may enter into contracts with private vendors to sell ferry tickets and medium at locations other than Washington state ferry terminals or facilities.

    (a) The department may enter into the contracts only (i) with private vendors that are already established businesses offering goods for sale to the general public; and (ii) if it determines that the vendor's established location has the potential to serve a significant percentage of the customers using a particular ferry route.

    (b) The department may adopt necessary rules and procedures to allow the use of credit and debit cards to purchase ferry tickets or medium from a private vendor who has contracted with the department to sell ferry tickets or medium.  The department may establish a convenience fee to be paid by all persons purchasing ferry tickets and medium at locations other than Washington state ferry terminals or facilities.  The convenience fee must be sufficient to offset the charges imposed on the department by the credit and debit card companies.  In no event may the use of credit or debit cards authorized by this section create a loss of revenue to the state.  The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.

    (((5) The legislature recognizes that projected revenues to the Puget Sound ferry operating account for the 2001-2003 biennium may be up to $30,000,000 less than what is required to fund the appropriation provided in this section.  The legislature intends to fully evaluate the extent of the shortfall and make a supplemental appropriation during the 2002 legislative session.))

 

    Sec. 221.  2001 2nd sp.s. c 14 s 230 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-RAIL‑-PROGRAM Y‑‑OPERATING

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((32,704,000))

                                                        32,104,000

 

    Sec. 222.  2001 2nd sp.s. c 14 s 231 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-RAIL‑-PROGRAM Y‑‑CAPITAL

Essential Rail Assistance Account‑-State

    Appropriation.............................. $          200,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $   ((11,610,000))

                                                        11,110,000

Multimodal Transportation Account‑-Federal

    Appropriation.............................. $        9,630,000

Washington Fruit Express Account‑-State

    Appropriation.............................. $          500,000

    TOTAL APPROPRIATION........................ $   ((21,940,000))

                                                        21,440,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:  $2,000,000 of the multimodal transportation account‑-state appropriation is provided solely for the Grays Harbor loop project.

 

    Sec. 223.  2001 2nd sp.s. c 14 s 232 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z‑‑OPERATING

Motor Vehicle Account‑-State Appropriation..... $    ((6,231,000))

                                                         6,494,000

Motor Vehicle Account‑-Federal Appropriation... $        2,569,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $          150,000

    TOTAL APPROPRIATION........................ $    ((8,950,000))

                                                         9,213,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (1) The motor vehicle account‑-state appropriation includes $150,000 distributed under RCW 46.68.110(2) that is provided to the Whatcom county council of governments for the sole purpose of developing and implementing a model of regional transportation governance.  This model shall be developed in accordance with Recommendation 6 of the Blue Ribbon Commission on Transportation's final report.

    The council shall develop a model that can be used in other parts of the state and shall report to the transportation committees in the senate and house of representatives on the positive and negative aspects of the model as well as costs associated with it no later than June 30, 2002.

    (2) $250,000 of the motor vehicle account‑-state appropriation is provided solely for a study of concurrency issues in urban areas marked by multiple contiguous jurisdictions.  The study, lead by the city of Bellevue, will focus on the jurisdictions of Bellevue, Kirkland, Issaquah, and Redmond and will look at existing and unused methodologies for including development in neighboring jurisdictions in concurrency calculations.  The study will also investigate what changes in state and local laws are needed in order to provide a more effective way of dealing with concurrency issues.  By November 1, 2003, a report of the findings will be made to the transportation committees of the legislature.  The appropriation in this subsection shall lapse unless the participating cities provide $100,000 for the study.

    (3) Up to $500,000 of the motor vehicle account‑-state appropriation is provided solely for the study of alternatives for repairing or replacing the Seattle sea wall.  The department's expenditure of funds provided in this subsection may not exceed the matching contribution provided by the city of Seattle for the study.

 

    Sec. 224.  2001 2nd sp.s. c 14 s 233 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z‑‑CAPITAL

Motor Vehicle Account‑-State Appropriation..... $   ((77,371,000))

                                                        77,271,000

Highway Infrastructure Account‑-State

    Appropriation.............................. $          234,000

Highway Infrastructure Account‑-Federal

    Appropriation.............................. $        1,500,000

Urban Arterial Trust Account‑-State

    Appropriation....... ...................... $    ((4,674,000))

                                                         4,332,000

Multimodal Transportation Account‑-State

    Appropriation.............................. $       10,150,000

    TOTAL APPROPRIATION........................ $   ((93,929,000))

                                                        93,487,000

 

    The appropriations in this section are subject to the following conditions and limitations and specified amounts are provided solely for that activity:

    (((2))) (1) $10,000,000 of the multimodal transportation account‑-state appropriation is provided solely to fund the first phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia river.  The department shall not expend the appropriation in this section unless agreement on ocean disposal sites has been reached which protects the state's commercial crab fishery.  The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.

    (((3))) (2) The motor vehicle account‑-state appropriation includes $12,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 in addition to $16,420,000 in unexpended proceeds from the January 2001 sale.  The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

    (((4))) (3) $4,159,000 of the motor vehicle account‑-state appropriation is provided solely for additional small city pavement preservation program grants, to be administered by the department's highways and local programs division.

    (((5))) (4) $2,000,000 of the motor vehicle account‑-state appropriation is provided solely for additional traffic and pedestrian safety improvements near schools.  The highways and local programs division within the department of transportation shall administer this program.

 

                           (End of part)


 

 

                    TRANSFERS AND DISTRIBUTIONS

 

    Sec. 401.  2001 2nd sp.s. c 14 s 401 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE FUND AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account Appropriation...                 $........................................... ((207,900,000))

                                                       208,206,000

Ferry Bond Retirement Account Appropriation.... $   ((48,675,000))

                                                        52,473,000

Transportation Improvement Board Bond Retirement

    Account‑-State Appropriation............... $       40,856,000

Motor Vehicle Account‑-State Appropriation..... $    ((4,537,000))

                                                         4,588,000

Special Category C Account‑-State Appropriation $          635,000

Transportation Improvement Account‑-State

    Appropriation.............................. $      ((473,000))

                                                           340,000

           TOTAL APPROPRIATION................. $  ((303,076,000))

                                                       307,098,000

 

    Sec. 402.  2001 2nd sp.s. c 14 s 402 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

Motor Vehicle Account‑-State Appropriation..... $          450,000

Special Category C Account Appropriation........                 $...................................... ((63,000))

                                                           110,000

Transportation Improvement Account‑-State

    Appropriation.............................. $       ((47,000))

                                                           135,000

           TOTAL APPROPRIATION................. $      ((560,000))

                                                           695,000

 

    Sec. 403.  2001 2nd sp.s. c 14 s 403 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-STATE REVENUES FOR DISTRIBUTION

((Motor Vehicle Account Appropriation for

motor vehicle fuel tax refunds and

distributions.................................. $    458,895,000))

Motor Vehicle Account Appropriation for

motor vehicle fuel tax distributions to

cities and counties............................ $  ((428,546,000))

                                                       430,487,000

((Motor Vehicle Account Appropriation for

license, permit, and fee distribution to

other accounts................................. $    349,936,000))

 

    Sec. 404.  2001 2nd sp.s. c 14 s 406 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-TRANSFERS

    (1) RV Account‑-State Appropriation:

For transfer to the Motor Vehicle Fund‑-State...                 $........................................... ((1,135,000))

                                                         1,344,000

 

    The department of transportation shall only transfer funds provided under subsection (1) of this section on an as‑needed basis.

 

    (2) Public Transportation Systems Account‑-

State Appropriation:  For transfer to the

Multimodal Transportation Account--State........                 $...................................... 1,911,000

    (3) State Patrol Highway Account‑-State

Appropriation:  For transfer to the Motor

Vehicle Account................................ $   ((38,657,000))

                                                        24,143,000

    (4) Motor Vehicle Account‑-State

Appropriation:  For motor vehicle fuel tax

refunds and transfers.......................... $      454,836,000

    (5) Motor Vehicle Account‑-State

Appropriation:  For license, permit, and

fee transfers to other accounts................ $      346,821,000

    (6) Urban Arterial Trust Account‑-State

Appropriation:  For transfer of excess City

Hardship Assistance Program revenues to

cities......................................... $        1,500,000

 

    If House Bill No. 2216 or Senate Bill No. 5078 is enacted in the form passed by the legislature, the (($38,737,000)) $24,143,000 transfer from the state patrol highway account‑-state to the motor vehicle account is null and void.  If neither House Bill No. 2216 nor Senate Bill No. 5078 is enacted in the form passed by the legislature, the state treasurer shall transfer funds from the state patrol highway account to the motor vehicle account on a quarterly basis.

 

    Sec. 405.  2001 2nd sp.s. c 14 s 407 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSFERS

    (1) Motor Vehicle Fund--State Appropriation:

For transfer to Puget Sound Ferry Operations

Account............................................. $ ((27,000,000))

                                                        35,718,000

    (2) Advanced Right of Way Revolving Account

Appropriation:  For transfer to the Motor

Vehicle Fund........................................ $  15,000,000

 

                           (End of part)


 

 

         PROVISIONS NECESSARY TO IMPLEMENT APPROPRIATIONS

 

    Sec. 601.  RCW 47.60.010 and 1984 c 18 s 1 are each amended to read as follows:

    The department is authorized to acquire by lease, charter, contract, purchase, condemnation, or construction, and partly by any or all of such means, and to thereafter operate, improve, and extend, a system of ferries on and crossing Puget Sound and any of its tributary waters and connections thereof, and connecting with the public streets and highways in the state.  The system of ferries shall include such boats, vessels, wharves, docks, approaches, landings, franchises, licenses, and appurtenances as shall be determined by the department to be necessary or desirable for efficient operation of the ferry system and best serve the public.  The department may in like manner acquire by purchase, condemnation, or construction and include in the ferry system such toll bridges, approaches, and connecting roadways as may be deemed by the department advantageous in channeling traffic to points served by the ferry system.  In addition to the powers of acquisition granted by this section, the department is empowered to enter into any contracts, agreements, or leases with any person, firm, or corporation and to thereby provide, on such terms and conditions as it shall determine, for the operation of any ferry or ferries or system thereof, whether acquired by the department or not.

    The authority of the department to lease or sell and to lease back any state ferry, for federal tax purposes only, as authorized by 26 U.S.C., Sec. 168(f)(8), or by any other sections of the United States Internal Revenue Code, is confirmed.  Legal title and all incidents of legal title to any ferry leased, sold, and leased back (except for the federal tax benefits attributable to the ownership thereof) shall remain in the state of Washington.

 

    NEW SECTION.  Sec. 602.  Section 601 of this act expires June 30, 2003.

 

    NEW SECTION.  Sec. 603.  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.

 

    NEW SECTION.  Sec. 604.  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 immediately.

 

                           (End of part)


 

                               INDEX                         PAGE #

 

COUNTY ROAD ADMINISTRATION BOARD................................ 3

DEPARTMENT OF LICENSING

DRIVER SERVICES................................................. 7

INFORMATION SYSTEMS............................................. 6

MANAGEMENT AND SUPPORT SERVICES................................. 6

VEHICLE SERVICES................................................ 7

DEPARTMENT OF TRANSPORTATION

AVIATION--PROGRAM F............................................. 8

CHARGES FROM OTHER AGENCIES--PROGRAM U......................... 13

HIGHWAY MANAGEMENT AND FACILITIES--PROGRAM D--OPERATING......... 8

IMPROVEMENTS--PROGRAM I......................................... 8

LOCAL PROGRAMS--PROGRAM Z.................................. 18, 19

MARINE--PROGRAM X.............................................. 15

PRESERVATION--PROGRAM P........................................ 10

PUBLIC TRANSPORTATION--PROGRAM V............................... 14

RAIL--PROGRAM Y................................................ 17

TRAFFIC OPERATIONS--PROGRAM Q.................................. 11

TRANSFERS...................................................... 23

TRANSPORTATION MANAGEMENT AND SUPPORT--PROGRAM S............... 11

TRANSPORTATION PLANNING, DATA, AND RESEARCH--PROGRAM T......... 12

WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W............... 14

LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM............... 1

STATE TREASURER

BOND RETIREMENT AND INTEREST................................... 21

STATE REVENUES FOR DISTRIBUTION................................ 22

TRANSFERS...................................................... 22

TRANSPORTATION IMPROVEMENT BOARD................................ 3

WASHINGTON STATE PATROL

FIELD OPERATIONS BUREAU......................................... 4

INVESTIGATIVE SERVICES BUREAU................................... 5

SUPPORT SERVICES BUREAU......................................... 5

 

 


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