BILL REQ. #:  S-3200.2 

Read first time 05/30/2003.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to funding a highway construction project on state route no. 28 in Douglas county and deleting a highway construction project at the state route no. 2/97 interchange by changing the date of the Legislative 2003 Transportation Project List -- New Law report; amending 2003 c . . . (ESHB 1163) ss 305, 306, 308, 309, and 310 (uncodified); and declaring an emergency.

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

Sec. 1   2003 c . . . (ESHB 1163) s 305 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $565,300,000
Transportation 2003 Account (Nickel Account)--Federal
     Appropriation . . . . . . . . . . . . $950,000
Transportation 2003 Account (Nickel Account)--Local
     Appropriation . . . . . . . . . . . . $3,434,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $157,374,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $192,940,000
Motor Vehicle Account -- Local Appropriation . . . . . . . . . . . . $13,258,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $50,279,000
Tacoma Narrows Toll Bridge Account Appropriation . . . . . . . . . . . . $613,300,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,596,835,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $157,374,000 of the motor vehicle account--state appropriation, $192,940,000 of the motor vehicle account--federal appropriation, $13,258,000 of the motor vehicle account--local appropriation, and $50,279,000 of the special category C account--state appropriation are provided solely to implement the activities and projects included in the Legislative 2003 Transportation Project List - Current Law report as transmitted to LEAP on April 27, 2003.
     (2) The motor vehicle account--state appropriation includes $78,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation. The motor vehicle account--state appropriation includes $18,038,000 in unexpended proceeds from bond sales authorized in RCW 47.10.843 for mobility and economic initiative improvement projects.
     (3) The Tacoma Narrows toll bridge account--state appropriation includes $567,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The Tacoma Narrows toll bridge account--state appropriation includes $46,300,000 in unexpended proceeds from the January 2003 bond sale authorized in RCW 47.10.843 for the Tacoma Narrows bridge project.
     (4) The special category C account--state appropriation includes $44,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.812. The transportation commission may authorize the use of current revenues available in the special category C account in lieu of bond proceeds for any part of the state appropriation.
     (5) The entire transportation 2003 account (nickel account) appropriation is provided solely for the projects and activities as indicated in the Legislative 2003 Transportation Project List - New Law report transmitted to LEAP on ((April 27)) May 21, 2003.
     (6) The motor vehicle account--state appropriation includes $280,000,000 in proceeds from the sale of bonds authorized by Senate Bill No. 6062. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (7) $11,000,000 of the motor vehicle account--state appropriation is provided solely for the environmental impact statement on the SR 520 Evergreen floating bridge.
     (8) $250,000 of the transportation 2003 account (Nickel Account)--state appropriation and an equal amount from the city of Seattle are provided solely for an analysis of the impacts that an expansion of the SR 520 Evergreen floating bridge will have on the streets of North Capitol Hill, Roanoke Park, and Montlake. An advisory committee with two members each from Portage Bay/Roanoke Park Community Council, Montlake Community Council, and the North Capitol Hill community organization along with the secretary of transportation is established. The seven-member committee shall hire and oversee the contract with a transportation consulting organization to: (a) Perform an analysis of such impacts; and (b) design a traffic and circulation plan that mitigates the adverse consequences of such impacts. If the city of Seattle does not agree to provide $250,000 by January 1, 2004, the amount provided in this subsection shall lapse.
     (9)(a) $500,000 of the motor vehicle account--state appropriation is provided solely for a study to provide the legislature with information regarding the feasibility of pursuing a Washington commerce corridor. The department shall retain outside experts to conduct the study. The study must include the following conditions:
     (i) The Washington commerce corridor must be a north-south corridor starting in the vicinity of Lewis county and extending northerly to the vicinity of the Canadian border. The corridor must be situated east of state route number 405 and west of the Cascades. The corridor may include any of the following features:
     (A) Ability to carry long-haul freight;
     (B) Ability to provide for passenger auto travel;
     (C) Freight rail;
     (D) Passenger rail;
     (E) Public utilities; and
     (F) Other ancillary facilities as may be desired to maximize use of the corridor;
     (ii) The Washington commerce corridor must be developed, financed, designed, constructed, and operated by private sector consortiums; and
     (iii) The Washington commerce corridor must be subject to a joint permitting process involving federal, state, and local agencies with jurisdiction.
     (b) The legislative transportation committee shall form a working group to work with the department and the outside consultant on the study.
     (10) $8,000,000 of the motor vehicle account--state appropriation is provided for the SR 522, University of Washington-Bothell campus access project. This amount will cover approximately one-half of the construction costs.
     (11) The transportation permit efficiency and accountability committee (TPEAC) shall select from the project list under this subsection ten projects that have not yet secured state permits. TPEAC shall select projects from both urban and rural areas representing a wide variety of locations within the state. These projects shall be designated "Department of Transportation Permit Drafting Pilot Projects" and shall become a part of the work plan of TPEAC required under section 2(1)(b), chapter 8 (ESB 5279), Laws of 2003.
     (12) Of the amounts appropriated in this section and section 306 of this act, no more than $124,000 is provided for increased project costs due to the enactment of Substitute Senate Bill No. 5457.
     (((14))) (13) To manage some projects more efficiently, federal funds may be transferred from program Z to program I to replace those federal funds in a dollar-for-dollar match. However, funds may not be transferred between federal programs. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2004.

Sec. 2   2003 c . . . (ESHB 1163) s 306 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Transportation 2003 Account (Nickel Account) . . . . . . . . . . . . $2,000,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $178,909,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $457,467,000
Motor Vehicle Account--Local Appropriation . . . . . . . . . . . . $12,666,000
Multimodal Account--State Appropriation . . . . . . . . . . . . $6,000,000
Multimodal Account--Federal Appropriation . . . . . . . . . . . . $4,247,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $661,289,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $178,909,000 of the motor vehicle account--state appropriation, $457,467,000 of the motor vehicle account--federal appropriation, $12,666,000 of the motor vehicle account--local appropriation, $6,000,000 of the multimodal transportation account--state appropriation, and $4,247,000 of the multimodal transportation account--federal appropriation are provided solely to implement the activities and projects included in the Legislative 2003 Transportation Project List - Current Law report transmitted to LEAP on April 27, 2003.
     (2) The motor vehicle account--state appropriation includes $2,850,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes.
     (3) The motor vehicle account--state appropriation includes $77,700,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (4) The entire transportation 2003 account (nickel account) appropriation is provided solely for the projects and activities as indicated in the Legislative 2003 Transportation Project List - New Law report transmitted to LEAP on ((April 27)) May 21, 2003.
     (5) The department of transportation shall continue to implement the lowest life cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds. Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.
     (6) Of the amounts appropriated in this section and section 305 of this act, no more than $124,000 is provided for increased project costs due to the enactment of Substitute Senate Bill No. 5457.
     (((8))) (7) To manage some projects more efficiently, federal funds may be transferred from program Z to program P to replace those federal funds in a dollar-for-dollar match. However, funds may not be transferred between federal programs. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2004.

Sec. 3   2003 c . . . (ESHB 1163) s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account --
     State Appropriation . . . . . . . . . . . . $129,066,000
Puget Sound Capital Construction Account --
     Federal Appropriation . . . . . . . . . . . . $34,400,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $13,381,000
Transportation 2003 Account (nickel account)
     Appropriation . . . . . . . . . . . . $5,749,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $182,596,000

     The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel construction, major and minor vessel improvements, and terminal construction and improvements. The appropriations in this section are subject to the following conditions and limitations:
     (1) The multimodal transportation account--state appropriation includes $11,772,000 in proceeds from the sale of bonds authorized by Senate Bill No. 6062. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (2) $129,066,000 of the Puget Sound capital construction account--state appropriation and $34,400,000 of the Puget Sound capital construction account--federal appropriation are provided solely for capital projects as listed in the Legislative 2003 Transportation Project List - Current Law as transmitted to the LEAP on April 27, 2003.
     (3) $17,521,000 of the transportation 2003 account (nickel account)--state appropriation is provided solely for capital projects as listed in the Legislative 2003 Transportation Project List - New Law as transmitted to the LEAP on ((April 27)) May 21, 2003.
     (4) The Puget Sound capital construction account -- state appropriation includes $45,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the motor vehicle account in lieu of bond proceeds for any part of the state appropriation.
     (5) The Washington state ferries shall consult with the United States Coast Guard regarding operational and design standards required to meet Safety of Life at Sea requirements, in an effort to determine the most efficient and cost-effective vessel design that meets these requirements.

Sec. 4   2003 c . . . (ESHB 1163) s 309 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account -- State Appropriation . . . . . . . . . . . . $770,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $35,530,000
Multimodal Transportation Account -- Federal Appropriation . . . . . . . . . . . . $9,499,000
Washington Fruit Express Account -- State Appropriation . . . . . . . . . . . . $500,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $46,299,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The multimodal transportation account--state appropriation includes $30,000,000 in proceeds from the sale of bonds authorized by Senate Bill No. 6062. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (2) $5,530,000 of the multimodal transportation account--state appropriation, $9,499,000 of the multimodal transportation account--federal appropriation, $500,000 of the Washington fruit express account--state appropriation, and $770,000 of the essential rail assistance account--state appropriation are provided solely for capital projects as listed in the Legislative 2003 Transportation Project List - Current Law as transmitted to the LEAP on April 27, 2003.
     (3) $2,000,000 of the multimodal transportation account--state appropriation is to be placed in reserve status by the office of financial management to be held until the department identifies the location for a new transload facility at either Wenatchee or Quincy. The funds are to be released upon determination of a location and approval by the office of financial management.
     (4) $30,000,000 of the multimodal transportation account--state appropriation is provided solely for capital projects as listed in the Legislative 2003 Transportation Project List - New Law as transmitted to the LEAP on ((April 27)) May 21, 2003.
     (5) If federal block grant funding for freight or passenger rail is received, the department shall consult with the legislative transportation committee prior to spending the funds on additional projects.
     (6) If the department issues a call for projects, applications must be received by the department by November 1, 2003, and November 1, 2004.

Sec. 5   2003 c . . . (ESHB 1163) s 310 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z--CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal Appropriation . . . . . . . . . . . . $1,602,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $28,425,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $13,726,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $43,960,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $6,000,000 of the multimodal transportation account--state appropriation is provided solely for the projects and activities as indicated in the Legislative 2003 Transportation Project List - New Law Local Projects report transmitted to LEAP on ((April 27)) May 21, 2003.
     (2) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. However, funds may not be transferred between federal programs. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the transportation commission. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2004.
     (3) $7,576,000 of the multimodal transportation account--state appropriation is reappropriated and provided solely to fund the first phase of a multiphase cooperative project with the state of Oregon to dredge the Columbia River. If dredge material is disposed of in the ocean, the department shall not expend the appropriation in this subsection unless agreement on ocean disposal sites has been reached that protects the state's commercial crab fishery. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
     (4) $1,156,000 of the motor vehicle account--state appropriation is reappropriated and provided solely for additional small city pavement preservation program grants, to be administered by the department's highways and local programs division. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded small city pavement preservation program grant funds, but does not report activity on the project within one year of grant award, should be reviewed by the department to determine whether the grant should be terminated. The department must promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award. The department shall expeditiously extend new grant awards to qualified projects when funds become available either because grant awards have been rescinded for lack of sufficient project activity or because completed projects returned excess grant funds upon project closeout.
     (5) $4,010,000 of the motor vehicle account--state appropriation is reappropriated and provided solely for additional traffic and pedestrian safety improvements near schools. The highways and local programs division within the department of transportation shall administer this program. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded traffic and pedestrian safety improvement grant funds, but does not report activity on the project within one year of grant award should be reviewed by the department to determine whether the grant should be terminated. The department must promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award. The department shall expeditiously extend new grant awards to qualified projects when funds become available either because grant awards have been rescinded for lack of sufficient project activity or because completed projects returned excess grant funds upon project closeout.
     (6) The motor vehicle account--state appropriation includes $20,452,000 in unexpended proceeds from the sale of bonds authorized by RCW 47.10.843.
     (7) The multimodal transportation account--state appropriation includes $6,000,000 in proceeds from the sale of bonds authorized by Senate Bill No. 6062. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.

NEW SECTION.  Sec. 6   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.