S-3708

AN ACT Relating to safety rest areas; amending RCW 47.12.125 and 47.12.244; adding new sections to chapter 47.38 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that collaborative transportation partnerships supplement state transportation revenues and allow the state to use its limited resources for a greater number of transportation projects. The legislature further finds that additional safety rest area sites would benefit the traveling public and contribute to the economic development of nearby communities. Therefore, the legislature directs the department of transportation to pursue a joint safety rest area demonstration project.

NEW SECTION. Sec. 2. A new section is added to chapter 47.38 RCW to read as follows:

(1) The secretary or the secretary's designee shall solicit proposals from private and nonprofit entities for a joint safety rest area demonstration project. To implement the demonstration project the secretary or designee shall negotiate and enter into agreements with private or nonprofit entities to provide safety rest area services.

(2) Each proposal for the demonstration project must be limited to a specific site that does not currently have a safety rest area. Each proposal will be weighed on its own merits. If an agreement is selected, the agreement must be negotiated as a site specific project. Proponents may submit more than one proposal.

(3) The department may enter into an agreement with a private or nonprofit entity if it determines that the proposal is in the public interest, will not impair the safety or operation of the highway, interfere with the free and safe flow of traffic, and is consistent with the access control standards. At a minimum, the department shall include the following requirements in the agreement:

(a) If the department grants access rights or leases property to the proponent, the proponent shall provide fair market value consideration to the department;

(b) If the project involves property owned by the department, the department and the proponent shall enter into a lease agreement under RCW 47.12.120 for the use of the property;

(c) The proponent shall provide safety rest area service to meet department requirements, at no cost to the department, as negotiated in the agreement; and

(d) The proponent must allow the department's volunteer refreshment program to operate at the safety rest area.

(4) The term of the agreement may not exceed twenty years.

(5) All revenues received under the terms of the agreement for the demonstration project must be placed in the motor vehicle fund. The department shall provide an initial report to the transportation committees of the house of representatives and the senate by December 1, 2003, and annually thereafter, on the status of the project and revenues received from the project.

(6) The demonstration project developed by this section is exempt from RCW 41.06.380 and 74.18.220.

Sec. 3. RCW 47.12.125 and 1999 c 94 s 15 are each amended to read as follows:

All moneys paid to the state of Washington under any of the provisions of RCW 47.12.120 shall be deposited in the department's advance right of way revolving fund, except moneys that are subject to federal aid reimbursement and moneys received from rental of capital facilities properties, which shall be deposited in the motor vehicle fund. Any moneys received from the demonstration project authorized in section 2 of this act must be placed in the motor vehicle fund.

Sec. 4. RCW 47.12.244 and 1991 c 291 s 2 are each amended to read as follows:

There is created the "advance right of way revolving fund" in the custody of the treasurer, into which the department is authorized to deposit directly and expend without appropriation:

(1) An initial deposit of ten million dollars from the motor vehicle fund included in the department of transportation's 1991‑93 budget;

(2) All moneys received by the department as rental income from real properties that are not subject to federal aid reimbursement, except moneys received from rental of capital facilities properties ((~~as defined in chapter 47.13 RCW~~)). Any moneys received from the demonstration project authorized in section 2 of this act must be placed in the motor vehicle fund; and

(3) Any federal moneys available for acquisition of right of way for future construction under the provisions of section 108 of Title 23, United States Code.

NEW SECTION. Sec. 5. A new section is added to chapter 47.38 RCW to read as follows:

The department shall request a waiver from the Federal Highway Administration for complying with 23 U.S.C. 111 regarding the use of access to rights-of-way on the interstate highway system and 20 U.S.C. 107 regarding vending machines at safety rest areas. The department shall also seek a waiver from any federal regulations prohibiting private entities from operating safety rest areas. The waiver shall be for both current and future safety rest areas.