[atlas:bill]

AN ACT Relating to a mandatory report by regional transit authorities; amending RCW 81.112.070 and 81.112.080; adding a new section to chapter 81.112 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that voter trust in government is vital to the representative form of government and that governing bodies must govern in a manner that enhances that public trust. The legislature further finds that failure to deliver on activities pledged to the voters seriously erodes public confidence in our institutions and that this trust can best be regained by ensuring that future actions by public bodies will meet public expectations.

NEW SECTION. Sec. 2. A new section is added to chapter 81.112 RCW to read as follows:

(1) A regional transit authority that by January 1, 2002, has been authorized to impose taxes to support implementation of a plan within its service area is governed by this section.

(2) The authority shall prepare a report that will address, but not be limited to: Project delivery schedules and service implementation outlined in the plan approved by voters; projected future revenue and expenditures over the life of the plan; the budget forecast over the life of the plan; and project delivery and service start-up dates.

(3) The authority shall submit its report to the governor, the transportation committees of the state legislature, and the county councils for each county in which the authority is located. After receipt of the plan, the legislative transportation committee shall as quickly as practicable evaluate the report for content and accuracy and hold at least one public hearing on the report. After evaluating the report and conducting the public hearing or hearings, the committee shall make a finding as to whether the report and projected project and service delivery schedule and financial plan is attainable. A resolution adopted by the committee finding that the report is acceptable and accurate constitutes acceptance of the report.

(4) Until the report is accepted by the legislative transportation committee, a regional transit authority shall immediately cease and desist from entering into new contracts for purchase of right of way or construction of facilities for any light rail system development that is part of the plan adopted by the voters.

Sec. 3. RCW 81.112.070 and 1992 c 101 s 7 are each amended to read as follows:

Subject to the limitations of section 2 of this act, in addition to the powers specifically granted by this chapter an authority shall have all powers necessary to implement a high capacity transportation system and to develop revenues for system support. An authority may contract with the United States or any agency thereof, any state or agency thereof, any public transportation benefit area, any county, county transportation authority, city, metropolitan municipal corporation, special district, or governmental agency, within or without the state, and any private person, firm, or corporation for: (1) The purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies; (2) the design, construction, or operation of high capacity transportation system facilities; or (3) the provision or receipt of services, facilities, or property rights to provide revenues for the system. An authority shall have the power to contract pursuant to RCW 39.33.050. In addition, an authority may contract with any governmental agency or with any private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands and rights of way of all kinds which are owned, leased, or held by the other party and for the purpose of planning, constructing, or operating any facility or performing any service that the authority may be authorized to operate or perform, on such terms as may be agreed upon by the contracting parties. Before any contract for the lease or operation of any authority facilities is let to any private person, firm, or corporation, a general schedule of rental rates for equipment with or without operators applicable to all private certificated carriers shall be publicly posted, and for other facilities competitive bids shall first be called upon such notice, bidder qualifications, and bid conditions as the board shall determine. This shall allow use of negotiated procurements.

Sec. 4. RCW 81.112.080 and 1992 c 101 s 8 are each amended to read as follows:

Subject to the limitations of section 2 of this act, an authority shall have the following powers in addition to the general powers granted by this chapter:

(1) To carry out the planning processes set forth in RCW 81.104.100;

(2) To acquire by purchase, condemnation, gift, or grant and to lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of high capacity transportation facilities and properties within authority boundaries including surface, underground, or overhead railways, tramways, busways, buses, bus sets, entrained and linked buses, ferries, or other means of local transportation except taxis, and including escalators, moving sidewalks, personal rapid transit systems or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be necessary for passenger, vehicular, and vessel access to and from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way, property, equipment, and accessories necessary for such high capacity transportation systems. When developing specifications for high capacity transportation system operating equipment, an authority shall take into account efforts to establish or sustain a domestic manufacturing capacity for such equipment. The right of eminent domain shall be exercised by an authority in the same manner and by the same procedure as or may be provided by law for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter. Public transportation facilities and properties which are owned by any city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation may be acquired or used by an authority only with the consent of the agency owning such facilities. Such agencies are hereby authorized to convey or lease such facilities to an authority or to contract for their joint use on such terms as may be fixed by agreement between the agency and the authority.

The facilities and properties of an authority whose vehicles will operate primarily within the rights of way of public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings that are required by RCW 35.58.273 for mass transit facilities operating on a separate right of way;

(3) To dispose of any real or personal property acquired in connection with any authority function and that is no longer required for the purposes of the authority, in the same manner as provided for cities of the first class. When an authority determines that a facility or any part thereof that has been acquired from any public agency without compensation is no longer required for authority purposes, but is required by the agency from which it was acquired, the authority shall by resolution transfer it to such agency;

(4) To fix rates, tolls, fares, and charges for the use of such facilities and to establish various routes and classes of service. Fares or charges may be adjusted or eliminated for any distinguishable class of users.

NEW SECTION. Sec. 5. 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.