[atlas:bill]

AN ACT Relating to creation of congestion relief districts; and adding a new chapter to Title 36 RCW.

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

NEW SECTION. Sec. 1. The legislature finds that portions of Washington's transportation system are choked with traffic congestion. Local jurisdictions should be provided tools to effectively manage local congestion. One such tool is the creation of congestion relief districts that could use locally imposed taxes or user fees to fund congestion choke points, new capacity, or technology solutions.

NEW SECTION. Sec. 2. The county legislative authority of a county with a population of forty thousand or more shall, and the legislative authority of any other county may, within ninety days of the effective date of this act, and as often thereafter as it deems necessary, and upon thirty days prior written notice addressed to the legislative body of each city within the county and with thirty days public notice, convene a congestion relief conference. One elected representative selected by the legislative body of each city within the county and one selected by the county legislative authority shall attend the conference. The conference shall evaluate the need for and the desirability of the creation of a congestion relief district within certain incorporated and unincorporated portions of the county. In those counties where county officials believe the need for congestion relief extends across county boundaries so as to provide congestion relief in a metropolitan area, the county legislative authorities of two or more neighboring counties may convene a multicounty conference. In addition, countywide conferences may be convened by resolution of the legislative bodies of two or more cities within the county, not to exceed one in any twelve-month period, or by a petition signed by at least ten percent of the registered voters in the last general election of the city, county, or city/county areas of a proposed relief district. The chair of the conference must be elected from the members at large.

NEW SECTION. Sec. 3. A conference that finds it desirable to establish a congestion relief district or change the boundaries of an existing congestion relief district shall fix a date for a public hearing on the issue, or the legislative bodies of any two or more component cities or the county legislative authority by resolution may require the congestion relief conference to fix a date for a public hearing on the issue. Before convening the public hearing, the county legislative authority shall delineate the area of the county proposed to be included within the congestion relief area and shall furnish a copy of the delineation to each incorporated city within the area. Each city shall advise the county legislative authority, on a preliminary basis, of its desire to be included or excluded from the congestion relief district. The county legislative authority shall cause the delineations to be revised to reflect the wishes of the incorporated cities. The conference shall consider this delineation at the public hearing for inclusion in the congestion relief district.

Notice of the hearing must be published once a week for at least four consecutive weeks in one or more newspapers of general circulation within the area. The notice must contain a description and map of the boundaries of the proposed congestion relief district and state the time and place of the hearing and the fact that any changes in the boundaries of the congestion relief district will be considered at that time and place. At the hearing or any continuation of it, any interested person may appear and be heard on all matters relating to the effect of the formation of the proposed congestion relief district.

The conference may make such changes in the boundaries of the congestion relief district as it deems reasonable and proper, but may not delete any portion of the proposed area that would create an island of included or excluded lands, and may not delete a portion of a city. If the conference determines that additional territory should be included in the congestion relief district, it must hold a second hearing and give notice in the same manner as for the original hearing. The conference may adjourn the hearing on the formation of a congestion relief district from time to time, not exceeding thirty days in all.

After the conclusion of the hearing the conference shall adopt a resolution fixing the boundaries of the proposed congestion relief district, declaring that the formation of the proposed congestion relief district will be conducive to the welfare and benefit of the persons and property in it.

Within thirty days after the adoption of the conference resolution, the county legislative authority of each county in which a conference has established proposed boundaries of a congestion relief district, may by resolution, upon making a legislative finding that the proposed relief district includes portions of the county that could not be reasonably expected to benefit from the relief district or excludes portions of the county that could be reasonably expected to benefit from its creation, disapprove and terminate the establishment of the congestion relief district within the county.

NEW SECTION. Sec. 4. When it is formed, a congestion relief district may not include only a part of a city, and every city must be either wholly included or wholly excluded from the boundaries of the district. Notwithstanding any other provision of law, if after the formation of a congestion relief district additional area became or will become a part of a component city by annexation, merger, or otherwise, the additional area is included within the boundaries of the congestion relief district and is subject to all taxes and other liabilities and obligations of the congestion relief district. The component city shall notify the congestion relief district at the time the city has added the additional area. Furthermore, notwithstanding any other provision of law except as specifically provided in this section, if a city that is not a component city of the congestion relief district adds area to its boundaries that is within the boundaries of the congestion relief district, the area so added is excluded from the congestion relief district. The city shall notify the congestion relief district of the city's intention to add the area. If a city extends its boundaries through annexation across a county boundary line and the extended boundaries include areas within a congestion relief district, then the entire area of the city within the county that is within the congestion relief district is included within the congestion relief district boundaries. The area of the city in the congestion relief district is considered a component city of the congestion relief district corporation.

The boundaries of a congestion relief district must follow school district lines or election precinct lines, as far as practicable. Only areas that the conference determines could reasonably benefit from congestion relief funding may be included in a district. Only one congestion relief district may be created in a county.

NEW SECTION. Sec. 5. Within sixty days after the establishment of the boundaries of the congestion relief district the members of the county legislative authority and the elected representative of each city within the area shall provide for the selection of the governing body of the district. The governing body will be known as a congestion relief district authority, consisting of elected officials selected by and serving at the pleasure of the governing bodies of component cities within the area and the county legislative authority of each county within the area.

Within the sixty-day period, any city may by resolution of its legislative body withdraw from participation in the congestion relief district. The county legislative authority and each city remaining in the congestion relief district may disapprove and prevent the establishment of a governing body of a congestion relief district if the composition of the governing body does not meet its approval.

The governing body of a single-county congestion relief district may not exceed nine members and in the case of a multicounty district, fifteen members. Each city within the congestion relief district that is excluded from direct membership on the authority may designate a member of the authority to represent the interests of the city. The legislative body of the city shall notify the authority of its authorized representative on the authority.

Each member of the authority may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and receive compensation, as set by resolution of the authority, in an amount not to exceed seventy dollars for each day during which the member attends official meetings of the authority or performs prescribed duties approved by the chair of the authority. In no event may a member be compensated in any year for more than seventy-five days, except the chair, who may be paid compensation for not more than one hundred days. An elected official or employee of federal, state, or local government who is receiving regular full-time compensation from that government for attending meetings and performing prescribed duties of the authority may not receive further compensation from the authority.

NEW SECTION. Sec. 6. After a congestion relief district has been in existence for four years, members of the county legislative authority and the elected representative of each city within the congestion relief district shall review the composition of the governing body of the benefit area and change the composition of the governing body if the change is deemed appropriate. The review must be at a meeting of the designated representatives of the component county and cities, and the majority of those present constitute a quorum at the meeting. The chief administrative officer of the congestion relief district authority shall give twenty days' notice of the meeting. After the initial review, a review must be held every four years.

If an area having a population greater than fifteen percent, or areas with a combined population of greater than twenty-five percent, of the population of the existing congestion relief district as constituted at the last review meeting, annex to the congestion relief district, the representatives of the component county and cities shall meet within ninety days to review and change the composition of the governing body, if the change is deemed appropriate. This meeting is in addition to the regular four-year review meeting and must be conducted under the same notice requirement and quorum provisions of the regular review.

NEW SECTION. Sec. 7. The congestion relief district authority shall develop a comprehensive congestion relief plan for the area. The plan must include, but not be limited to the following elements:

(1) A benchmark level of congestion reduction for the district;

(2) The local funding requirements that in addition to available state and federal funds are necessary to meet the congestion reduction goal; and

(3) The mechanisms for obtaining that local funding, which must primarily focus on roadway user fees.

NEW SECTION. Sec. 8. In addition to the powers specifically granted by this chapter a congestion relief district has all powers that are necessary to carry out the purposes of the congestion relief district. Those powers include:

(1) Authority to propose ballot measures for a vote by the population of the congestion relief district for user fees for roadways within the congestion relief district;

(2) Authority to sue and be sued in its corporate capacity in all courts and in all proceedings;

(3) Authority to contract with the United States or an agency thereof, a state or agency thereof, another congestion relief district, a public transportation benefit area, a county, city, metropolitan municipal corporation, special district, or governmental agency, inside or outside the state, and a private person, firm, or corporation for the purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies, or for the design, construction, operation, or improvement of transportation facilities. In addition, a congestion relief district may contract with a governmental agency or with a private person, firm, or corporation for the use by either contracting party of all or part of the facilities, structures, lands, interests in lands, air rights over lands, and rights of way of all kinds that are owned, leased, or held by the other party and for the purpose of planning, constructing, improving, or operating a facility or performing a service that the congestion relief district authority area may operate or perform, on such terms as agreed upon by the contracting parties.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act constitute a new chapter in Title 36 RCW.