READ FIRST TIME 01/29/04.   

     AN ACT Relating to regional transportation governance; amending RCW 35.58.2795, 35.95A.030, 36.120.090, 36.120.110, 36.120.140, 47.26.080, 47.26.086, 47.80.020, 47.80.030, 47.80.040, 47.80.060, and 81.112.040; adding a new chapter to Title 36 RCW; creating a new section; providing a contingent effective date; and providing for submission of this act to a vote of the people.

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

NEW SECTION.  Sec. 101   LEGISLATIVE INTENT. The legislature finds that increased demands on transportation resources require increased efficiency and effectiveness in decision making within urbanized regions. Legislative enactments, public votes on local and state initiatives and referenda, and the number of agencies involved in transportation planning and delivery of services has significantly added to the complexity of transportation programs.
     The legislature further finds that coordinated planning, investment in, and operation of transportation systems by the state and by local governments, can help ensure an efficient, effective transportation system that ensures mobility and addresses community needs. Improved planning, investment, and operation can also enhance local and state objectives for effective regional transportation strategies and effective coordination between land use and transportation.
     The legislature finds that addressing this need for better accountability and coordinated action regarding transportation and comprehensive planning necessitates an innovative approach. Improved integration among transportation programs, particularly in the state's largest metropolitan area is imperative, and will have significant benefit to the citizens of Washington. It is therefore the policy of the state of Washington to provide the authority for the citizens of the central Puget Sound counties to create a single regional government council, more directly accountable to the public, with adequate resources to develop and encourage implementation of a comprehensive transportation plan within the state's largest urbanized region.

NEW SECTION.  Sec. 102   DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Council" means the Puget Sound regional transportation district council created under section 105 of this act, and the governing body of the district.
     (2) "District" means the Puget Sound regional transportation district created under section 103 of this act.
     (3) "Policy advisory committee" or "committee" means the policy advisory committee authorized in section 202 of this act.
     (4) "Public transportation providers" means those agencies providing transit services to the public including public agencies that operate ferries, regional transit authorities, public transit agencies, and city transportation authorities.
     (5) "Puget Sound regional council" means the Puget Sound regional council, which, as of January 1, 2004, is the organization designated by units of general purpose local governments within the region as the metropolitan planning organization under federal requirements and as the regional transportation organization under chapter 47.80 RCW, or any successor organization.
     (6) "Project of regional significance" means those projects identified by the characteristics set forth in section 201(3) and (4) of this act.
     (8) "Region" means that area within the jurisdiction of the council.
     (9) "Regional plan" or "plan" means the metropolitan transportation plan required under federal law.

NEW SECTION.  Sec. 103   DISTRICT CREATED. A political subdivision known as the Puget Sound regional transportation district is created, subject to section 504 of this act, to consist of the counties that are included within the regional transportation planning organization having the largest population on January 1, 2003, known as "central Puget Sound counties."

NEW SECTION.  Sec. 104   COUNCILOR DISTRICTS. By May 1, 2005, the legislative authorities of the central Puget Sound counties shall jointly assemble and determine eight councilor districts, based on equal populations.
     The counties shall provide for the nomination and election of district councilors at the state's September primary and November general elections.

NEW SECTION.  Sec. 105   DISTRICT COUNCIL. (1) Creation and powers. The district council is created as the governing body of the Puget Sound regional transportation district. Except as provided for in this chapter, all district powers are vested in the council.
     (2) Composition. Beginning January 1, 2006, the council consists of nine councilors, one elected at large and designated as president of the council, and eight nominated and elected from individual districts within the region.
     (3) Initial terms of office. The terms of office of the four councilors receiving the highest number of votes among the eight councilors elected in 2005 end on the first Monday of 2010. The terms of office of the other four councilors end on the first Monday of 2007. Thereafter the term of office of councilor is four years. The first term of the president ends the first Monday of 2010.
     (4) Presiding officer, council president. The council president presides over the council. The council president sets the council agenda subject to general rules established by a council-adopted ordinance. Except as provided otherwise in this chapter, the council president appoints all members of the committees, commissions, and boards created by the rules of the council and ordinances of the district.
     (5) Annual organizing resolution. At the first council meeting each January the council shall adopt an annual organizing resolution naming a deputy and establishing such committees as the council deems necessary for the orderly conduct of council business.
     (6) Council meetings. The council shall meet regularly in the area at times and places it designates. The council shall prescribe by ordinance the rules to govern conduct of its meetings. Except as this chapter provides otherwise, the agreement of a majority of councilors present and constituting a quorum is necessary to decide affirmatively a question before the council.
     (7) Quorum. A majority of councilors in office is a quorum for council business, but fewer councilors may compel absent councilors to attend.
     (8) Record of proceedings. The council shall keep and authenticate a record of council proceedings.

NEW SECTION.  Sec. 106   COUNCIL FOR REGIONAL TRANSPORTATION INVESTMENT DISTRICT GOVERNANCE. Effective January 1, 2007, the members of the council, acting ex officio and independently shall constitute the governing body of any regional transportation investment district located within the boundaries of the Puget Sound regional transportation district.

NEW SECTION.  Sec. 107   DISTRICT AUDITOR. (1) Creation. The office of district auditor is created. The auditor is elected from the district at large for a term of four years. The auditor serves full time and may not be employed by any other person or entity while serving as auditor.
     (2) First election; disqualification for councilor. The auditor is first nominated and elected in the first statewide primary and general election in 2005. During the term for which elected, and for four years thereafter, the auditor is ineligible to hold the office of district councilor.
     (3) Duties. The auditor shall: (a) Make continuous investigations of the operations of the district, including financial and performance auditing and review of financial transactions, personnel, equipment, facilities, and all other aspects of those operations; and (b) make reports to the council of the results of any investigation with any recommendations for remedial action. Except as provided in this section, the auditor may not be given responsibility to perform any executive function.

NEW SECTION.  Sec. 201   COUNCIL'S DUTIES. The council shall:
     (1) Be the designated regional transportation planning organization for its area and have, except where provided otherwise, the same duties and obligations of those organizations as prescribed in chapter 47.80 RCW;
     (2) Assume the responsibility for the metropolitan planning function within the region under 23 U.S.C. Sec. 134 and act as the governing body for that activity;
     (3) Identify those transportation facilities and services within the region provided by the department of transportation, cities, counties, public transportation providers, and other publicly financed transportation providers that serve regionally significant corridors or are otherwise regionally significant;
     (4) Prepare and adopt a plan setting forth the priorities for investment and the allocation of resources for operating and investment for those regionally significant transportation facilities and services for each of those agencies enumerated in subsection (3) of this section. The goal is an integrated systematic approach for investment resulting in a coordinated transportation network. To carry out this duty, the council may enter into interlocal contracts and memoranda of understanding for the affected agencies to reimburse the council for the costs of these planning functions;
     (5) Plan, develop, and enforce standards for the coordination of public transportation services in the region as set forth in section 204 of this act;
     (6) Plan, develop, and enforce standards for the coordination of regional traffic operations in the region as set forth in section 205 of this act;
     (7) Approve in total, or disapprove all or certain elements of the regional transportation improvement program submitted to it by the policy advisory committee;
     (8) Effective January 1, 2007, assume the role as governing authority for any regional transportation investment district located within the boundaries of the region;
     (9) Effective January 1, 2007, assume the role as governing authority for any regional transit authority under chapter 81.112 RCW located within the boundaries of the region;
     (10) By January 1, 2010, determine the role of the council in governing the city transportation authority and implement the determination;
     (11) Appoint any other advisory committees it deems necessary to carry out the intent of this chapter.

NEW SECTION.  Sec. 202   DISTRICT POLICY ADVISORY COMMITTEE. (1) The council shall appoint a district policy advisory committee, to be made up of local elected officials, officials of agencies that administer or operate major modes or systems of transportation, appropriate state officials, and other persons as determined by the council.
     (2) After appointment a vote of both a majority of the policy advisory committee and a majority of all councilors may change the composition of the committee at any time.
     (3) The policy advisory committee shall perform the duties assigned to it in this chapter and any other duties the council prescribes.
     (4) The policy advisory committee shall adopt bylaws governing the conduct and recording of its meetings and the terms of its members.

NEW SECTION.  Sec. 203   ADVISORY COMMITTEE DUTIES. The policy advisory committee shall:
     (1) Provide a forum for representatives from local and state units of government to assess transportation policies and programs throughout the region, evaluate transportation needs, and to make recommendations to the council;
     (2) Develop a recommended regional plan and a regional transportation improvement program, to be forwarded to the council for approval or rejection;
     (3) Develop and recommend to the council the allocation of federal funds available to the region;
     (4) Review public agencies' plans for consistency under sections 204 and 205 of this act and make recommendations to the council.

NEW SECTION.  Sec. 204   PUBLIC TRANSPORTATION COORDINATION. (1) The council shall develop standards for (a) the coordination of capital investment, (b) service, (c) service coordination of public transportation providers in the region, and (d) in cooperation with the transportation commission, performance. The goal of these standards is to maximize coordination within and among systems, use resources more effectively, and enhance services to the public. In developing these standards, the council shall consult with regional transit authorities, city transportation authorities, other transit and transportation agencies, and ferry providers operating within the region. The standards must also address vanpool coordination, fare policies, and transportation demand management programs.
     (2) In addition to the duties under section 201 of this act, the council shall approve each plan prepared under RCW 35.58.2795 by public transportation providers operating in the region, if it finds that those plans meet the standards developed under subsection (1) of this section. If the council finds that those plans do not meet the standards set forth in subsection (1) of this section, it shall immediately notify the agency that prepared the plan of the reasons for noncompliance. The plan may be amended and resubmitted to the council.
     (3) If the council does not approve the plan of a public transportation provider operating in its area of jurisdiction, that agency's plan may not be included in the regional transportation improvement program.

NEW SECTION.  Sec. 205   REGIONAL TRAFFIC OPERATIONS COORDINATION.
(1) The council shall develop standards for the coordination of the traffic operations of state and local roads of regional significance. The objective of these standards is to maximize coordination across jurisdictional boundaries, to invest capital and operational resources more effectively, and to improve transportation system efficiency for the benefit of the traveling public and the movement of goods and services. In developing these standards the council shall consult with the state department of transportation and local traffic operations agencies.
     (2) The council shall ensure that elements of the regional transportation improvement program include a regional traffic operations coordination element that meets the standards under subsection (1) of this section. This plan must include the appropriate application of intelligent transportation systems technologies to the freeways and regional arterials, coordination of signal timing on regional arterials, and the coordination of operating policies on freeways and regional arterials to ensure that the system of freeways and regional arterials operates as an integrated network.

NEW SECTION.  Sec. 301   TERM OF OFFICE. The term of office of an officer elected at a general election begins the first Monday of the year after election and continues until a successor assumes the office.

NEW SECTION.  Sec. 302   QUALIFICATIONS AND SALARIES OF ELECTED OFFICERS. (1) Councilor. A councilor must be a qualified elector under the Constitution of this state when his or her term of office begins and must have resided during the preceding twelve months in the district from which elected or appointed. When the boundaries of that district have been apportioned or reapportioned during that period, residency in that district for purposes of this subsection includes residency in any former district with area in the district from which the councilor is elected or appointed if residency is established in the apportioned or reapportioned district within sixty days after the apportionment or reapportionment is effective.
     (2) Council president and auditor. The council president and auditor must each be a qualified elector under the Constitution of this state when his or her term of office begins and must have resided during the preceding twelve months within the boundaries of the district as they exist when the term of office begins. At the time of election or appointment, the auditor must also hold the designation of certified public accountant or certified internal auditor.
     (3) Multiple elected offices. A district elected officer may not be an elected officer of the state or a city, county, or special district during his or her term of office. As used in this chapter, special district does not include school districts.
     (4) Judging elections and qualifications. The council is the judge of the election and qualification of its members.
     (5) Oath. Before assuming office an elected officer shall take an oath or affirm that he or she will faithfully perform the duties of the office and support the constitutions and laws of the United States and this state and the charter and laws of the district.
     (6) The salary of the council president will be equal to the salary of members of the county legislative authority of the largest county within the district. The salary of each other councilor will be two-thirds of the salary of the president. The salary of the auditor will be eighty percent of the salary of the president.

NEW SECTION.  Sec. 303   VACANCIES IN OFFICE. (1) Councilor. The office of councilor becomes vacant upon the incumbent's: (a) Death; (b) adjudicated incompetency; (c) recall from office; (d) failure after election or appointment to qualify for the office within ten days after the time for his or her term of office to begin; (e) absence from all meetings of the council within a sixty-day period without the council's consent; (f) ceasing to reside in the district from which elected or appointed, except when district boundaries are reapportioned and a councilor is assigned to a district where the councilor does not reside and the councilor becomes a resident of the reapportioned district within sixty days after the reapportionment is effective; (g) ceasing to be a qualified elector under state law; (h) conviction of a felony or conviction of a federal or state offense punishable by loss of liberty and pertaining to his or her office; (i) resignation from office; or (j) becoming an elected officer of the state or a city, county, or special district.
     (2) Council president and auditor. The offices of council president or auditor become vacant in the circumstances described in subsection (1)(a) through (d) and (g) through (j) of this section, or if the council president or auditor ceases to reside in the area. The office of auditor also becomes vacant if the incumbent ceases to hold the designation of certified public accountant or certified internal auditor.
     (3) Determination of vacancy. The council is the final judge of the existence of a vacancy.

NEW SECTION.  Sec. 304   FILLING VACANCIES. A majority of councilors holding office shall fill a vacancy by appointment within ninety days after it occurs. The term of office of the appointee runs from the time he or she qualifies for the office after appointment until a successor is duly elected and qualifies for the office. If the vacancy occurs more than twenty days before the first general election after the beginning of the term for that office, the term of office of the appointee runs only until the first council meeting in the year immediately after that election. A person will be nominated and elected for the remainder of the term at the first primary and general election after the beginning of the term.

NEW SECTION.  Sec. 305   LIMITATIONS OF TERMS OF OFFICE. No person may be elected councilor for more than three consecutive full terms, not including any term or terms as council president. No person may be elected council president for more than two consecutive full terms.

Sec. 401   RCW 35.58.2795 and 1994 c 158 s 6 are each amended to read as follows:
     (1) As used in this section "agency" means a municipality as defined in RCW 35.58.272 and a regional transit authority, and within a district as defined in section 102 of this act it means a public transportation provider as defined in section 102 of this act.
     (2) By April 1st of each year, the legislative authority of each ((municipality, as defined in RCW 35.58.272, and each regional transit authority)) agency shall prepare a six-year transit development plan for that calendar year and the ensuing five years. Agencies located in the central Puget Sound regional transportation district shall provide resources to the Puget Sound regional transportation council to prepare elements of those plans identified by that council. The program shall be consistent with the comprehensive plans adopted by counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the inherent authority of a first class city or charter county derived from its charter, or chapter 36.70A RCW. The program shall contain information as to how the municipality intends to meet state and local long-range priorities for public transportation, capital improvements, significant operating changes planned for the system, coordinate services with other agencies, and how the ((municipality)) agency intends to fund program needs. The six-year plan for each ((municipality and regional transit authority shall)) agency must specifically set forth those projects of regional significance for inclusion in the transportation improvement program within that region. For those agencies located within the jurisdiction of the Puget Sound regional transportation district, the plan must address the standards developed under sections 204 and 205 of this act for inclusion in the transportation improvement program in that region. Each ((municipality and regional transit authority)) agency shall file the six-year program with the state department of transportation, the transportation improvement board, and cities, counties, and regional planning councils within which the municipality is located.
     In developing its program, the ((municipality and the regional transit authority)) agency shall consider those policy recommendations affecting public transportation contained in the state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the legislature. The ((municipality)) agency shall conduct one or more public hearings while developing its program and for each annual update.

Sec. 402   RCW 35.95A.030 and 2002 c 248 s 3 are each amended to read as follows:
     (1) A city that undertakes to propose creation of an authority must propose the authority by ordinance of the city legislative body. The ordinance must:
     (a) Propose the authority area and the size and method of selection of the governing body of the authority, which governing body may be appointed or elected, provided that officers or employees of any single city government body may not compose a majority of the members of the authority's governing body;
     (b) Propose whether all or a specified portion of the public monorail transportation function will be exercised by the authority;
     (c) Propose an initial array of taxes to be voted upon by the electors within the proposed authority area; and
     (d) Provide for an interim governing body of the authority which will govern the authority upon voter approval of formation of the authority, until a permanent governing body is selected, but in no event longer than fourteen months.
     (2) An authority may also be proposed to be created by a petition setting forth the matters described in subsection (1) of this section, and signed by one percent of the qualified electors of the proposed authority area.
     (3) Upon approval by the qualified electors of the formation of the city transportation authority and any proposed taxes, either by ordinance or by petition as provided in this chapter, the governing body of an authority, or interim governing body, as applicable, will adopt bylaws determining, among other things, the authority's officers and the method of their selection, and other matters the governing body deems appropriate.
     (4) The governing body of the authority is the body determined by the regional transportation district council under section 201(10) of this act. If the council has any part as the governing body, the vote of each councilor, including the president, is weighted to reflect that portion of the city transportation authority population that is within each councilor district.

Sec. 403   RCW 36.120.090 and 2002 c 56 s 109 are each amended to read as follows:
     (1) Initially the governing board of a district consists of the members of the legislative authority of each member county, acting ex officio and independently. The secretary of transportation or the appropriate regional administrator of the department, as named by the secretary, shall also serve as a nonvoting member of the board. The governing board may elect an executive board of seven members to discharge the duties of the governing board subject to the approval of the full governing board.
     (2) Effective January 1, 2007, for a district located within a regional transportation district, the Puget Sound regional transportation district council is the governing board. For votes of the council regarding board decisions, the vote of each councilor, including the president, is weighted to reflect that portion of the regional transportation investment district population that is within each councilor district.
     (3) Until January 1, 2007, a sixty-percent majority of the weighted votes of the total board membership is required to submit to the counties a modified plan under RCW 36.120.140 or any other proposal to be submitted to the voters. Until January 1, 2007, the counties may, with majority vote of each county legislative authority, submit a modified plan or proposal to the voters.

Sec. 404   RCW 36.120.110 and 2002 c 56 s 111 are each amended to read as follows:
     (1) The governing board of the district is responsible for the execution of the voter-approved plan. The board shall:
     (a) Impose taxes and fees authorized by district voters;
     (b) Enter into agreements with state, local, and regional agencies and departments as necessary to accomplish district purposes and protect the district's investment in transportation projects;
     (c) Accept gifts, grants, or other contributions of funds that will support the purposes and programs of the district;
     (d) Monitor and audit the progress and execution of transportation projects to protect the investment of the public and annually make public its findings;
     (e) Pay for services and enter into leases and contracts, including professional service contracts;
     (f) Until January 1, 2007, hire no more than ten employees, including a director or executive officer, a treasurer or financial officer, a project manager or engineer, a project permit coordinator, and clerical staff; and
     (g) Exercise other powers and duties as may be reasonable to carry out the purposes of the district.
     (2) It is the intent of the legislature that existing staff resources of lead agencies be used in implementing this chapter. A district may coordinate its activities with the department, which shall provide services, data, and personnel to assist as desired by the regional transportation investment district. Lead agencies for transportation projects that are not state facilities shall also provide staff support for the board.
     (3) A district may not acquire, hold, or dispose of real property.
     (4) A district may not own, operate, or maintain an ongoing facility, road, or transportation system.
     (5) A district may accept and expend or use gifts, grants, or donations.
     (6) It is the intent of the legislature that administrative and overhead costs of a regional transportation investment district be minimized. For transportation projects costing up to fifty million dollars, administrative and overhead costs may not exceed three percent of the total construction and design project costs per year. For transportation projects costing more than fifty million dollars, administrative and overhead costs may not exceed three percent of the first fifty million dollars in costs, plus an additional one-tenth of one percent of each additional dollar above fifty million. These limitations apply only to the district, and do not limit the administration or expenditures of the department.
     (7) A district may use the design-build procedure for transportation projects developed by it. As used in this section "design-build procedure" means a method of contracting under which the district contracts with another party for that party to both design and build the structures, facilities, and other items specified in the contract. The requirements and limitations of RCW 47.20.780 and 47.20.785 do not apply to the transportation projects under this chapter.

Sec. 405   RCW 36.120.140 and 2003 c 194 s 2 are each amended to read as follows:
     (1) The board may modify the plan to change transportation projects or revenue sources if:
     (a) Two or more participating counties adopt a resolution to modify the plan; and
     (b) The counties submit to the voters in the district, and after January 1, 2007, the governing board submits, a ballot measure that redefines the scope of the plan, its projects, its schedule, its costs, or the revenue sources. If the voters fail to approve the redefined plan, the district shall continue to work on and complete the plan, and the projects in it, that was originally approved by the voters. If the voters approve the redefined plan, the district shall work on and complete the projects under the redefined plan.
     (2) The board may modify the plan to change transportation projects within a participating county if:
     (a) A majority of the board approves the change;
     (b) The modifications are limited to projects within the county;
     (c) The county submits to the voters in the county a ballot measure that redefines:
     (i) Projects;
     (ii) Scopes of projects; or
     (iii) Costs; and
     (iv) The financial plan for the county;
     (d) The proposed modifications maintain the equity of the plan and ((does [do])) do not increase the total level of plan expenditure for the county.
     If the voters fail to approve the modified plan, the district shall continue to work on and complete the plan, and the projects in it, that was originally approved by the voters. If the voters approve the redefined plan, the district shall work on and complete the projects under the redefined plan.
     (3) If a transportation project cost exceeds its original cost by more than twenty percent as identified in the plan:
     (a) The board shall, in coordination with the county legislative authorities, submit to the voters in the district or county a ballot measure that redefines the scope of the transportation project, its schedule, or its costs. If the voters fail to approve the redefined transportation project, the district shall terminate work on that transportation project, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds that would otherwise have been expended on the terminated transportation project must first be used to retire any outstanding debt attributable to the plan and then may be used to implement the remainder of the plan.
     (b) Alternatively, upon adoption of a resolution by two or more participating counties:
     (i) The counties shall submit, and after January 1, 2007, the governing board shall submit, to the voters in the district a ballot measure that redefines the scope of the plan, its transportation projects, its schedule, or its costs. If the voters fail to approve the redefined plan, the district shall terminate work on that plan, except that the district may take reasonable steps to use, preserve, or connect any improvement already constructed. The remainder of any funds must be used to retire any outstanding debt attributable to the plan; or
     (ii) Until January 1, 2007, the counties, and after January 1, 2007, the board may elect to have the district continue the transportation project without submitting an additional ballot proposal to the voters.
     (4) To assure accountability to the public for the timely construction of the transportation improvement project or projects within cost projections, the district shall issue a report, at least annually, to the public and copies of the report to newspapers of record in the district. In the report, the district shall indicate the status of transportation project costs, transportation project expenditures, revenues, and construction schedules. The report may also include progress towards meeting the performance criteria provided under this chapter.

Sec. 406   RCW 47.26.080 and 1999 c 94 s 16 are each amended to read as follows:
     There is hereby created in the motor vehicle fund the urban arterial trust account. The intent of the urban arterial trust account program is to improve the arterial street system of the state by improving mobility and safety while supporting an environment essential to the quality of life of the citizens of the state of Washington. The city hardship assistance program, as provided in RCW 47.26.164, and the small city program, as provided for in RCW 47.26.115, are implemented within the urban arterial trust account.
     For funds apportioned to projects in counties in the Puget Sound regional transportation district, the board shall give preference to projects that meet the standards established under sections 204 and 205 of this act. The board shall not allocate funds, nor make payments of the funds under RCW 47.26.260, to any county, city, or town identified by the governor under RCW 36.70A.340.

Sec. 407   RCW 47.26.086 and 1994 c 179 s 11 are each amended to read as follows:
     Transportation improvement account projects selected for funding programs after fiscal year 1995 are governed by the requirements of this section.
     The board shall allocate funds from the account by June 30th of each year for the ensuing fiscal year to urban counties, cities with a population of five thousand and over, and to transportation benefit districts. Projects may include, but are not limited to, multi-agency projects and arterial improvement projects in fast-growing areas. The board shall endeavor to provide geographical diversity in selecting improvement projects to be funded from the account.
     The intent of the program is to improve mobility of people and goods in Washington state by supporting economic development and environmentally responsive solutions to our statewide transportation system needs.
     To be eligible to receive these funds, a project must be consistent with the Growth Management Act, the Clean Air Act including conformity, and the Commute Trip Reduction Law and consideration must have been given to the project's relationship, both actual and potential, with the statewide rail passenger program and rapid mass transit. Projects must be consistent with any adopted high capacity transportation plan, must consider existing or reasonably foreseeable congestion levels attributable to economic development or growth and all modes of transportation and safety, and must be partially funded by local government or private contributions, or a combination of such contributions. For projects proposed in counties in the Puget Sound regional transportation district, the board shall give preference to projects that meet the standards established under sections 204 and 205 of this act. Priority consideration shall be given to those projects with the greatest percentage of local or private contribution, or both.
     Within one year after board approval of an application for funding, the lead agency shall provide written certification to the board of the pledged local and private funding for the phase of the project approved. Funds allocated to an applicant that does not certify its funding within one year after approval may be reallocated by the board.

Sec. 408   RCW 47.80.020 and 1990 1st ex.s. c 17 s 54 are each amended to read as follows:
     The legislature hereby authorizes creation of regional transportation planning organizations within the state. Each regional transportation planning organization shall be formed through the voluntary association of local governments within a county, or within geographically contiguous counties. Except as provided in section 201 of this act, each organization shall:
     (1) Encompass at least one complete county;
     (2) Have a population of at least one hundred thousand, or contain a minimum of three counties; and
     (3) Have as members all counties within the region, and at least sixty percent of the cities and towns within the region representing a minimum of seventy-five percent of the cities' and towns' population.
     The state department of transportation must verify that each regional transportation planning organization conforms with the requirements of this section.
     In urbanized areas, the regional transportation planning organization is the same as the metropolitan planning organization designated for federal transportation planning purposes.

Sec. 409   RCW 47.80.030 and 1998 c 171 s 9 are each amended to read as follows:
     (1) Each regional transportation planning organization shall develop in cooperation with the department of transportation, providers of public transportation and high capacity transportation, ports, and local governments within the region, adopt, and periodically update a regional transportation plan that:
     (a) Is based on a least cost planning methodology that identifies the most cost-effective facilities, services, and programs;
     (b) Identifies existing or planned transportation facilities, services, and programs, including but not limited to major roadways including state highways and regional arterials, transit and nonmotorized services and facilities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation demand management that should function as an integrated regional transportation system, giving emphasis to those facilities, services, and programs that exhibit one or more of the following characteristics:
     (i) Crosses member county lines;
     (ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;
     (iii) Significant impacts are expected to be felt in more than one county;
     (iv) Potentially adverse impacts of the facility, service, program, or project can be better avoided or mitigated through adherence to regional policies;
     (v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance; and
     (vi) Provides for system continuity;
     (c) Establishes level of service standards for state highways and state ferry routes, with the exception of transportation facilities of statewide significance as defined in RCW 47.06.140. These regionally established level of service standards for state highways and state ferries shall be developed jointly with the department of transportation, to encourage consistency across jurisdictions. In establishing level of service standards for state highways and state ferries, consideration shall be given for the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local commuters using state facilities;
     (d) Includes a financial plan demonstrating how the regional transportation plan can be implemented, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance needed facilities, services, and programs;
     (e) Assesses regional development patterns, capital investment and other measures necessary to:
     (i) Ensure the preservation of the existing regional transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit, railroad systems and corridors, and nonmotorized facilities; and
     (ii) Make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods;
     (f) Sets forth a proposed regional transportation approach, including capital investments, service improvements, programs, and transportation demand management measures to guide the development of the integrated, multimodal regional transportation system; and
     (g) Where appropriate, sets forth the relationship of high capacity transportation providers and other public transit providers with regard to responsibility for, and the coordination between, services and facilities.
     (2) The organization shall review the regional transportation plan biennially for currency and forward the adopted plan along with documentation of the biennial review to the state department of transportation.
     (3) All transportation projects, programs, and transportation demand management measures within the region that have an impact upon regional facilities or services must be consistent with the plan and with the adopted regional growth and transportation strategies.
     (4) In the case of a regional transportation planning organization located in a Puget Sound regional transportation district, the plan must be based on the guidelines and plan prepared by the Puget Sound regional transportation council under section 201(2) and (3) of this act. The plan must include recommendations to the department of transportation regarding levels of service standards for highways of statewide significance.

Sec. 410   RCW 47.80.040 and 2003 c 351 s 1 are each amended to read as follows:
     Each regional transportation planning organization other than a Puget Sound regional transportation district shall, and a Puget Sound regional transportation district may, create a transportation policy board. Transportation policy boards shall provide policy advice to the regional transportation planning organization and shall allow representatives of major employers within the region, the department of transportation, transit districts, port districts, and member cities, towns, and counties within the region to participate in policy making. Any members of the house of representatives or the state senate whose districts are wholly or partly within the boundaries of the regional transportation planning organization or Puget Sound regional transportation district are considered ex officio, nonvoting policy board members of the regional transportation planning organization. This does not preclude legislators from becoming full-time, voting board members.

Sec. 411   RCW 47.80.060 and 1992 c 101 s 31 are each amended to read as follows:
     In order to qualify for state planning funds available to regional transportation planning organizations, the regional transportation planning organizations containing any county with a population in excess of one million, other than a Puget Sound regional transportation district, shall provide voting membership on its executive board to the state transportation commission, the state department of transportation, and the three largest public port districts within the region as determined by gross operating revenues. It shall further assure that at least fifty percent of the county and city local elected officials who serve on the executive board also serve on transit agency boards or on a regional transit authority.

Sec. 412   RCW 81.112.040 and 1994 c 109 s 1 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the regional transit authority shall be governed by a board consisting of representatives appointed by the county executive and confirmed by the council or other legislative authority of each member county. Membership shall be based on population from that portion of each county which lies within the service area. Board members shall be appointed initially on the basis of one for each one hundred forty-five thousand population within the county. Such appointments shall be made following consultation with city and town jurisdictions within the service area. In addition, the secretary of transportation or the secretary's designee shall serve as a member of the board and may have voting status with approval of a majority of the other members of the board. Only board members, not including alternates or designees, may cast votes.
     Each member of the board, except the secretary of transportation or the secretary's designee, shall be:
     (a) An elected official who serves on the legislative authority of a city or as mayor of a city within the boundaries of the authority;
     (b) On the legislative authority of the county, if fifty percent of the population of the legislative official's district is within the authority boundaries; or
     (c) A county executive from a member county within the authority boundaries.
     When making appointments, each county executive shall ensure that representation on the board includes an elected city official representing the largest city in each county and assures proportional representation from other cities, and representation from unincorporated areas of each county within the service area. At least one-half of all appointees from each county shall serve on the governing authority of a public transportation system.
     Members appointed from each county shall serve staggered four-year terms. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated.
     The governing board shall be reconstituted, with regard to the number of representatives from each county, on a population basis, using the official office of financial management population estimates, five years after its initial formation and, at minimum, in the year following each official federal census. The board membership may be reduced, maintained, or expanded to reflect population changes but under no circumstances may the board membership exceed twenty-five.
     (2) For a regional transit authority located within a regional transportation district, effective January 1, 2007, the Puget Sound regional transportation district council is the governing board. For votes of the council regarding board decisions, the vote of each councilor, including the president, is weighted to reflect that portion of the regional transit authority population that is within each councilor district.
     (3) Major decisions of the authority shall require a favorable vote of two-thirds of the entire membership of the voting members or for a regional transportation district council, two-thirds of the weighted votes. "Major decisions" include at least the following: System plan adoption and amendment; system phasing decisions; annual budget adoption; authorization of annexations; modification of board composition; and executive director employment.
     (((3))) (4) Each member of the board is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and to receive compensation as provided in RCW 43.03.250.

NEW SECTION.  Sec. 501   Captions and part headings used in this act are not part of the law.

NEW SECTION.  Sec. 502   Sections 101 through 305 of this act constitute a new chapter in Title 36 RCW.

NEW SECTION.  Sec. 503   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. 504   The counties within the district identified in section 103 of this act shall submit to the voters within the district, at the next general election, a single ballot measure that approves formation of the district, authorizes establishment of the district council, and approves the powers of the council as set forth in this act. The auditors of those counties shall transmit the results of the election to the secretary of state in the manner described in RCW 29A.60.230 for canvassing by the secretary in the manner described by RCW 29A.60.260. A simple majority of the persons voting on the single ballot measure is required for the district to be established.
     Sections 408 through 411 of this act take effect January 1, 2006, if the district is formed.