AN
ACT Relating to advance right-of-way acquisition; amending RCW 43.79A.040,
47.44.010, 47.44.020, 47.44.050, and 47.24.020; adding new sections to chapter
47.26 RCW; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 47.26 RCW to read as follows:
The
term "advance right-of-way acquisition" as used in this chapter means
the acquisition of property and property rights, together with the engineering
costs necessary for the advance right-of-way acquisition. Property or property
rights purchased must be for projects approved by the transportation
improvement board or the county road administration board as part of a city or
county six-year plan or program.
NEW
SECTION. Sec. 2. A
new section is added to chapter 47.26 RCW to read as follows:
The
city and county advance right-of-way revolving fund is created in the custody
of the treasurer. The transportation improvement board is the administrator of
the fund and may deposit directly and spend without appropriation.
The
transportation improvement board and the county road administration board, in
consultation with the association of Washington cities and the Washington
association of counties, shall adopt reasonable rules and develop policies to
implement this program.
NEW
SECTION. Sec. 3. A
new section is added to chapter 47.26 RCW to read as follows:
(1)
After any properties or property rights are acquired through funds in the city
and county advance right-of-way revolving fund, the acquiring city or county is
responsible for the management of the properties in accordance with sound
business practices and shall provide annual status reports to the board. Funds
received by the city or county from the interim management of the properties
must be deposited into the city and county advance right-of-way revolving fund.
(2)
When the city or county proceeds with the construction of an arterial project
that will require the use of any of the property so acquired, the city or
county shall reimburse the city and county advance right-of-way revolving
fund. Reimbursement must reflect the original cost of the acquired property or
property rights required for the project plus an interest rate as determined
annually by the board. The board shall report on the interest rate set to the
transportation committees through its annual report.
(3)
When the city or county determines that any properties or property rights
acquired from funds in the city and county advance right-of-way revolving fund
will not be required for an arterial construction project or the property has
been held by the city or county for more than six years, the city or county
shall either sell the property at fair market value or reimburse the fund at
fair market value. All proceeds of the sale must be deposited in the city and
county advance right-of-way revolving fund. At the board's discretion, a
portion of savings on transportation improvement board projects realized
through the use of the city and county advance revolving fund may be deposited
back into the city and county advance right-of-way revolving fund.
(4)
Deposits in the fund may be reexpended without further or additional
appropriations.
Sec.
4. RCW
43.79A.040 and 2000 c 79 s 45 are each amended to read as follows:
(1)
Money in the treasurer's trust fund may be deposited, invested, and reinvested
by the state treasurer in accordance with RCW 43.84.080 in the same manner and
to the same extent as if the money were in the state treasury.
(2)
All income received from investment of the treasurer's trust fund shall be set
aside in an account in the treasury trust fund to be known as the investment
income account.
(3)
The investment income account may be utilized for the payment of purchased
banking services on behalf of treasurer's trust funds including, but not
limited to, depository, safekeeping, and disbursement functions for the state
treasurer or affected state agencies. The investment income account is subject
in all respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to distribution
of earnings set forth in subsection (4) of this section.
(4)(a)
Monthly, the state treasurer shall distribute the earnings credited to the
investment income account to the state general fund except under (b) and (c) of
this subsection.
(b)
The following accounts and funds shall receive their proportionate share of
earnings based upon each account's or fund's average daily balance for the
period: The Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment fund, the
basic health plan self-insurance reserve account, the Washington international
exchange scholarship endowment fund, the developmental disabilities endowment
trust fund, the energy account, the fair fund, the game farm alternative
account, the grain inspection revolving fund, the juvenile accountability
incentive account, the rural rehabilitation account, the stadium and exhibition
center account, the youth athletic facility ((grant)) account, the
self-insurance revolving fund, the sulfur dioxide abatement account, and the
children's trust fund. However, the earnings to be distributed shall first be
reduced by the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(c)
The following accounts and funds shall receive eighty percent of their
proportionate share of earnings based upon each account's or fund's average
daily balance for the period: The advanced right of way revolving fund, the
advanced environmental mitigation revolving account, the city and county
advance right-of-way revolving fund, the federal narcotics asset
forfeitures account, the high occupancy vehicle account, the local rail service
assistance account, and the miscellaneous transportation programs account.
(5)
In conformance with Article II, section 37 of the state Constitution, no trust
accounts or funds shall be allocated earnings without the specific affirmative
directive of this section.
Sec.
5. RCW
47.44.010 and 1980 c 28 s 1 are each amended to read as follows:
(1)
The department of transportation may grant franchises to persons, associations,
private or municipal corporations, the United States government, or any agency
thereof, to use any state highway for the construction and maintenance of water
pipes, flume, gas, oil or coal pipes, telephone, telegraph and electric light
and power lines and conduits, trams or railways, and any structures or facilities
((which)) that are part of an urban public transportation system
owned or operated by a municipal corporation, agency, or department of
the state of Washington other than the department of transportation, and any
other such facilities. In order to minimize the disruption to traffic and
damage to the roadway, the department is encouraged to develop a joint
trenching policy with other affected jurisdictions so that all permittees and
franchisees requiring access to ground under the roadway may do so at one time.
(2)
All applications for ((such)) the franchise ((shall)) must
be made in writing and subscribed by the applicant, and ((shall))
describe the state highway or portion thereof over which franchise is desired
and the nature of the franchise. The application must also include the
identification of all jurisdictions affected by the franchise and the names of
other possible franchisees who should receive notice of the application for a
franchise.
(3) The department of transportation shall adopt rules
providing for a hearing or an opportunity for a hearing with reasonable public
notice thereof with respect to any franchise application involving the
construction and maintenance of utilities or other facilities within the
highway right of way which the department determines may (((1))) (a)
during construction, significantly disrupt the flow of traffic or use of
driveways or other facilities within the right of way, or (((2))) (b)
during or following construction, cause a significant and adverse effect upon
the surrounding environment.
Sec.
6. RCW
47.44.020 and 1980 c 28 s 2 are each amended to read as follows:
(1)
If the department of transportation deems it to be for the public interest, the
franchise may be granted in whole or in part, with or without hearing under
such regulations and conditions as the department may prescribe, with or
without compensation, but not in excess of the reasonable cost for
investigating, handling, and granting the franchise. The department may
require that the utility and appurtenances be so placed on the highway that
they will, in its opinion, least interfere with other uses of the highway.
(2)
If a hearing is held, it ((shall)) must be conducted by the
department, and may be adjourned from time to time until completed. The
applicant may be required to produce all facts pertaining to the franchise, and
evidence may be taken for and against granting it.
(3)
The facility ((shall)) must be made subject to removal when
necessary for the construction, alteration, repair, or improvement of the
highway and at the expense of the franchise holder, except that the state shall
pay the cost of ((such)) the removal whenever the state ((shall
be)) is entitled to receive proportionate reimbursement therefor
from the United States in the cases and in the manner set forth in RCW
47.44.030. Renewal upon expiration of a franchise ((shall)) must
be by application.
(4)
A person constructing or operating such a utility on a state highway is liable
to any person injured thereby for any damages incident to the work of
installation or the continuation of the occupancy of the highway by the
utility, and except as provided above, is liable to the state for all necessary
expenses incurred in restoring the highway to a permanent suitable condition
for travel. A person constructing or operating such a utility on a state
highway is also liable to the state for all necessary expenses incurred in
inspecting the construction and restoring the pavement or other related
transportation equipment or facilities to a permanent condition suitable for
travel and operation in accordance with requirements set by the department.
Permit and franchise holders are also financially responsible to the department
for trenching work not completed within the contractual period and for
compensating for the loss of useful pavement life caused by trenching. No
franchise may be granted for a longer period than fifty years, and no exclusive
franchise or privilege may be granted.
(5)
The holder of a franchise granted under this section is financially responsible
to the department for trenching work not completed within the period of the
permit and for compensating for the loss of useful pavement life caused by
trenching. In the case of common trenching operations, liability under this
subsection will be assessed equally between the franchisees. The assessed
parties may thereafter pursue claims of contribution or indemnity in accord
with such fault as may be determined by arbitration or other legal action.
Sec.
7. RCW
47.44.050 and 1984 c 7 s 237 are each amended to read as follows:
(1)
The department ((is empowered to)) may grant a permit to
construct or maintain on, over, across, or along any state highway any water,
gas, telephone, telegraph, light, power, or other such facilities when they do
not extend along the state highway for a distance greater than three hundred
feet. The department may require such information as it deems necessary in the
application for any such permit, and may grant or withhold the permit within
its discretion. Any permit granted may be canceled at any time, and any
facilities remaining upon the right of way of the state highway after thirty
days written notice of the cancellation ((is [are])) are an
unlawful obstruction and may be removed in the manner provided by law.
(2)
The holder of a permit granted under this section is financially responsible to
the department for trenching work not completed within the period of the permit
and for compensating for the loss of useful pavement life caused by trenching.
In the case of common trenching operations, liability under this subsection
will be assessed equally between the permit holders. The assessed parties may
thereafter pursue claims of contribution or indemnity in accord with such fault
as may be determined by arbitration or other legal action.
Sec.
8. RCW
47.24.020 and 1993 c 126 s 1 are each amended to read as follows:
The
jurisdiction, control, and duty of the state and city or town with respect to
such streets ((shall be)) is as follows:
(1)
The department has no authority to change or establish any grade of any such
street without approval of the governing body of such city or town, except with
respect to limited access facilities established by the commission;
(2)
The city or town shall exercise full responsibility for and control over any
such street beyond the curbs and if no curb is installed, beyond that portion
of the highway used for highway purposes. However, within incorporated cities
and towns the title to a state limited access highway vests in the state, and,
notwithstanding any other provision of this section, the department shall
exercise full jurisdiction, responsibility, and control to and over such
facility as provided in chapter 47.52 RCW;
(3)
The department has authority to prohibit the suspension of signs, banners, or
decorations above the portion of such street between the curbs or portion used
for highway purposes up to a vertical height of twenty feet above the surface
of the roadway;
(4)
The city or town shall at its own expense maintain all underground facilities
in such streets, and has the right to construct such additional underground
facilities as may be necessary in such streets. However, pavement trenching
and restoration performed as part of installation of such facilities must meet
or exceed requirements established by the department;
(5)
The city or town has the right to grant the privilege to open the surface of
any such street, but all damage occasioned thereby shall promptly be repaired
either by the city or town itself or at its direction. Pavement trenching
and restoration performed under a privilege granted by the city under this
subsection must meet or exceed requirements established by the department;
(6)
The city or town at its own expense shall provide street illumination and shall
clean all such streets, including storm sewer inlets and catch basins, and
remove all snow, except that the state shall when necessary plow the snow on
the roadway. In cities and towns having a population of twenty-two thousand
five hundred or less according to the latest determination of population by the
office of financial management, the state, when necessary for public safety,
shall assume, at its expense, responsibility for the stability of the slopes of
cuts and fills and the embankments within the right of way to protect the
roadway itself. When the population of a city or town first exceeds twenty-two
thousand five hundred according to the determination of population by the
office of financial management, the city or town shall have three years from
the date of the determination to plan for additional staffing, budgetary, and
equipment requirements before being required to assume the responsibilities
under this subsection. The state shall install, maintain, and operate all
illuminating facilities on any limited access facility, together with its
interchanges, located within the corporate limits of any city or town, and
shall assume and pay the costs of all such installation, maintenance, and
operation incurred after November 1, 1954;
(7)
The department has the right to use all storm sewers on such highways without
cost; and if new storm sewer facilities are necessary in construction of new
streets by the department, the cost of the facilities shall be borne by the
state and/or city as may be mutually agreed upon between the department and the
governing body of the city or town;
(8)
Cities and towns have exclusive right to grant franchises not in conflict with
state laws and rules, over, beneath, and upon such streets, but the
department is authorized to enforce in an action brought in the name of the
state any condition of any franchise which a city or town has granted on such
street. No franchise for transportation of passengers in motor vehicles may be
granted on such streets without the approval of the department, but the
department shall not refuse to approve such franchise unless another street
conveniently located and of strength of construction to sustain travel of such
vehicles is accessible;
(9)
Every franchise or permit granted any person by a city or town for use of any
portion of such street by a public utility ((shall)) must require
the grantee or permittee to restore, repair, and replace ((to its original
condition)) any portion of the street damaged or injured by it to
conditions that meet or exceed requirements established by the department;
(10)
The city or town has the right to issue overload or overwidth permits for
vehicles to operate on such streets or roads subject to regulations printed and
distributed to the cities and towns by the department;
(11)
Cities and towns shall regulate and enforce all traffic and parking
restrictions on such streets, but all regulations adopted by a city or town
relating to speed, parking, and traffic control devices on such streets not
identical to state law relating thereto are subject to the approval of the
department before becoming effective. All regulations pertaining to speed,
parking, and traffic control devices relating to such streets heretofore adopted
by a city or town not identical with state laws shall become null and void
unless approved by the department heretofore or within one year after March 21,
1963;
(12)
The department shall erect, control, and maintain at state expense all route
markers and directional signs, except street signs, on such streets;
(13)
The department shall install, operate, maintain, and control at state expense
all traffic control signals, signs, and traffic control devices for the purpose
of regulating both pedestrian and motor vehicular traffic on, entering upon, or
leaving state highways in cities and towns having a population of twenty-two
thousand five hundred or less according to the latest determination of
population by the office of financial management. Such cities and towns may
submit to the department a plan for traffic control signals, signs, and traffic
control devices desired by them, indicating the location, nature of
installation, or type thereof, or a proposed amendment to such an existing plan
or installation, and the department shall consult with the cities or towns
concerning the plan before installing such signals, signs, or devices. Cities
and towns having a population in excess of twenty-two thousand five hundred
according to the latest determination of population by the office of financial
management shall install, maintain, operate, and control such signals, signs,
and devices at their own expense, subject to approval of the department for the
installation and type only. When the population of a city or town first
exceeds twenty-two thousand five hundred according to the determination of
population by the office of financial management, the city or town shall have
three years from the date of the determination to plan for additional staffing,
budgetary, and equipment requirements before being required to assume the
responsibilities under this subsection. For the purpose of this subsection,
striping, lane marking, and channelization are considered traffic control
devices;
(14)
All revenue from parking meters placed on such streets belongs to the city or
town;
(15)
Rights of way for such streets shall be acquired by either the city or town or
by the state as shall be mutually agreed upon. Costs of acquiring rights of
way may be at the sole expense of the state or at the expense of the city or
town or at the expense of the state and the city or town as may be mutually
agreed upon. Title to all such rights of way so acquired shall vest in the
city or town: PROVIDED, That no vacation, sale, rental, or any other
nontransportation use of any unused portion of any such street may be made by
the city or town without the prior written approval of the department; and all
revenue derived from sale, vacation, rental, or any nontransportation use of
such rights of way shall be shared by the city or town and the state in the
same proportion as the purchase costs were shared;
(16)
If any city or town fails to perform any of its obligations as set forth in
this section or in any cooperative agreement entered into with the department
for the maintenance of a city or town street forming part of the route of a
state highway, the department may notify the mayor of the city or town to
perform the necessary maintenance within thirty days. If the city or town
within the thirty days fails to perform the maintenance or fails to authorize
the department to perform the maintenance as provided by RCW 47.24.050, the
department may perform the maintenance, the cost of which is to be deducted
from any sums in the motor vehicle fund credited or to be credited to the city
or town.
*NEW
SECTION. Sec. 9.
If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by June
30, 2001, in the transportation appropriations act, this act is null and void.
*Sec. 9 was vetoed. See message at end of chapter.
