BILL REQ. #: H-3841.3
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/16/2006. Referred to Committee on Transportation.
AN ACT Relating to regional transportation governance; amending RCW 81.100.020, 81.100.060, 81.100.080, 82.14.430, 82.80.005, 82.80.070, 82.80.080, 82.80.100, 47.56.010, 47.56.075, 47.56.076, 81.112.010, 81.112.020, 81.112.030, 81.112.040, 81.112.050, 81.112.070, 81.112.080, 81.112.110, 35.95.020, 35.95A.030, 82.14.045, and 47.06.130; adding a new section to chapter 47.56 RCW; adding new sections to chapter 81.112 RCW; adding a new section to chapter 43.09 RCW; adding a new section to chapter 36.57A RCW; adding a new section to chapter 35.58 RCW; adding a new section to chapter 35.95 RCW; adding a new chapter to Title 81 RCW; and repealing RCW 36.120.010, 36.120.020, 36.120.030, 36.120.040, 36.120.050, 36.120.060, 36.120.070, 36.120.080, 36.120.090, 36.120.100, 36.120.110, 36.120.120, 36.120.130, 36.120.140, 36.120.150, 36.120.160, 36.120.170, 36.120.180, 36.120.190, 36.120.200, 36.120.900, 36.120.901, 82.80.110, and 82.80.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
The legislature further finds that integrated, multimodal
transportation planning will help reduce transportation congestion and
improve safety, and that streamlined decision making will help reduce
political congestion.
The legislature further finds that coordinated planning of,
investment in, and operation of transportation systems will have
significant benefit to the citizens of Washington, and that it is the
will of the people to fund regional transportation solutions, including
improving transit service in urbanized areas and among existing,
fragmented transit agencies in the region. Although equity
considerations must be respected, transportation problems are broader
and deeper than the sum of geographic subareas.
It is therefore the policy of the state of Washington to create a
single regional transportation commission, more directly accountable to
the public, with adequate resources to develop and implement a
comprehensive transportation plan for the citizens of the central Puget
Sound metropolitan region.
NEW SECTION. Sec. 2
(1) "Commission district" means a district created by county
legislative authorities for purposes of electing a commissioner to
serve on the commission, as prescribed in section 5 of this act.
(2) "Commissioner" means an elected or appointed member of the
commission established in section 4 of this act.
(3) "Highway of statewide significance" means an existing or
proposed state route or federal interstate designated as a highway of
statewide significance by the commission, its successor entity, or the
legislature.
(4) "Lead agency" means a public agency that by law can plan,
design, and build a transportation project and has been so designated
by the commission.
(5) "Project of regional significance" means an existing or
proposed project designated by the commission, its successor entity, or
the legislature, as significant to the regional transportation
district.
(6) "Regional transit authority" means that authority defined in
chapter 81.112 RCW.
(7) "Regional transportation commission" or "commission" means the
commission established in section 4 of this act.
(8) "Regional transportation district" or "district" means the
Puget Sound regional transportation district established in section 3
of this act.
(9) "Regional transportation investment plan" or "plan" means a
plan to develop, construct, and finance transportation projects.
(10) "Regional transportation planning organization" means that
organization defined in chapter 47.80 RCW.
(11) "Transportation projects" or "projects" means projects
contained in the regional transportation investment plan that are of
statewide or regional significance. Projects may include:
(a) High-capacity transportation, public transportation, and other
transportation projects and programs of regional or statewide
significance, including transportation demand management;
(b) A capital improvement or improvements to a highway that has
been designated in whole or in part as a highway of statewide
significance;
(c) A capital improvement or improvements to all or a portion of a
highway of statewide significance, including an extension, and may
include the following associated multimodal capital improvements:
(i) Approaches to highways of statewide significance;
(ii) High-occupancy vehicle lanes;
(iii) Flyover ramps;
(iv) Park and ride lots;
(v) Bus pullouts;
(vi) Vans for vanpools;
(vii) Buses; and
(viii) Signalization, ramp metering, and other transportation
system management improvements;
(d) A capital improvement or improvements to all or a portion of a
city street, county road, or arterial of regional significance;
(e) The creation of a new highway or a capital improvement or
improvements to a highway of regional significance; or
(f) The operation, preservation, and maintenance of facilities or
programs referenced in (a) through (e) of this subsection.
NEW SECTION. Sec. 3
A county may decide by ordinance to join the regional
transportation district, at which time the boundaries of the district
shall, at a minimum, and as may be modified by the commission, include
such county's corresponding urban growth area, if the county is (1)
located on a peninsula, and (2) immediately adjacent to a county that:
(a) Is located partially on the same peninsula; (b) has a population of
over five hundred thousand persons; and (c) adjoins a county with more
than one million five hundred thousand persons.
NEW SECTION. Sec. 4
(2) The commission shall consist of nine commissioners, initially
appointed by the governor as set forth in subsection (3) of this
section and, except for county executive commissioners appointed as set
forth in subsection (3) of this section, elected thereafter as set
forth in section 5 of this act.
(3) Appointments of initial commissioners shall reflect
geographical balance and diversity of populations within the Puget
Sound region and, to the extent possible, include commissioners with
special expertise in relevant fields such as funding, planning, and
construction of transportation improvement projects and operation of
transportation systems. Three of the nine commissioners shall comprise
the county executives of each of the three counties contained in the
regional transportation district under section 3 of this act. The
governor shall make all initial appointments to the commission by the
second Monday of January 2007. Of the initial commissioners appointed,
who are not county executives, three shall serve an initial term of two
years and three shall serve an initial term of four years. Vacancies
for any unexpired initial term by appointment shall be filled in the
same manner as the original appointments were made.
(4) Each person appointed by the governor shall hold office until
the general election to be held in the final year of such initial term
as set forth in subsection (3) of this section, and until a successor
is elected and qualified as set forth in section 5 of this act.
(5) The commission chair presides over the commission and sets the
commission agenda subject to general rules established by the
commission. Except as provided otherwise in this chapter, the
commission chair appoints all members of the committees, councils, and
boards created by the rules of the commission. The initial commission
chair shall be designated by the governor from among the six
commissioners appointed under subsection (3) of this section, and shall
serve a term of four years and until a successor is selected as set
forth in section 5 of this act.
(6) The commission may be entitled to state funding, as
appropriated by the legislature, to pay for start-up expenses incurred
by the district and through contracts in selecting transportation
projects under this chapter. Upon voter approval of a regional
transportation investment plan, as set forth in sections 14 and 15 of
this act, the district, by ordinance of the commission, shall, within
one year, reimburse the state for any sums advanced by the state for
these start-up costs.
NEW SECTION. Sec. 5
(a) Three commissioners at the 2008 primary and general election
and every four years thereafter; and
(b) Three commissioners at the 2010 primary and general election
and every four years thereafter.
(2) At the first commission meeting in January 2011, and at the
first commission meeting every four years thereafter, the commission
shall select a commission chair from among the elected commissioners.
(3) At the first commission meeting each January, the commission
shall adopt an annual organizing resolution naming a vice chair from
among the commissioners and establishing such committees as the
commission deems necessary for the orderly conduct of commission
business.
(4) The commission shall meet regularly in the area at times and
places it designates. The commission shall prescribe by ordinance the
rules to govern the conduct of its meetings. Except as this chapter
provides otherwise, the agreement of a majority of commissioners
present that constitutes a quorum is necessary to decide affirmatively
a question before the commission.
(5) A majority of commissioners in office is a quorum for
commission business, but fewer commissioners may compel absent
commissioners to attend.
(6) The commission shall keep and authenticate a record of
commission proceedings.
NEW SECTION. Sec. 6
NEW SECTION. Sec. 7
(2) The commission chair must be a qualified elector under the
state Constitution when his or her term of office begins, and must have
resided during the preceding twelve months within the boundaries of the
regional transportation district as they existed when the term of
office began.
(3) A commission 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) The commission is the judge of the election and qualification
of its commissioners.
(5) 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 commission district.
(6) The salary of the commission chair is equal to the salary of
members of the county legislative authority of the largest county
within the regional transportation district. The salary of each other
commissioner is eighty percent of the salary of the chair.
NEW SECTION. Sec. 8
(2) The office of commission chair becomes vacant in the
circumstances described in subsection (1)(a) through (d) and (g)
through (j) of this section, or if the commission chair ceases to
reside in the area.
(3) The commission is the final judge of the existence of a
vacancy.
NEW SECTION. Sec. 9
NEW SECTION. Sec. 10
NEW SECTION. Sec. 11
(1) To assume responsibility for the metropolitan planning function
within the region and act as the governing body for that activity, to
the fullest extent permitted by 23 U.S.C. Sec. 134 as amended from time
to time. The jurisdiction and power of any existing metropolitan
planning organization, and its plans or programs necessary to obtain
federal transportation funds or to maintain compliance with federal
clean air laws, remain in full force and effect until the commission is
recognized by applicable federal government units as the metropolitan
planning organization for each county represented by the commission;
(2) To contract for the construction of transportation facilities
and services that serve regionally significant corridors or are
otherwise regionally significant;
(3) To plan, develop, and contract for the operation of local and
regional public transportation services as set forth in section 12 of
this act;
(4) To plan, develop, and enforce standards for the coordination of
regional traffic operations as set forth in section 13 of this act;
(5) To govern the planning, development, construction, and
financing of transportation projects;
(6) To review, and approve, modify, or reject, the decisions and
plans of the board of any regional transit authority under chapter
81.112 RCW located primarily within the boundaries of the district;
(7) To impose taxes and fees authorized by district voters;
(8) To enter into other agreements with state, local, and regional
agencies and departments as necessary to accomplish commission purposes
and protect the district's investments in transportation projects;
(9) To accept and expend gifts, grants, or other contributions of
funds that will support the purposes and programs of the commission;
(10) To pay for services and enter into leases and contracts,
including professional service contracts;
(11) To contract with an existing agency or hire a staff to
administer and provide oversight of contracts to implement the regional
transportation investment plan. However, it is the intent of the
legislature that administrative and overhead costs of the commission be
minimized;
(12) To appoint any advisory committees it deems necessary to carry
out the intent of this chapter;
(13) To perform multimodal corridor planning in coordination with
the department of transportation under RCW 47.06.130, including the
power to prioritize projects of regional significance to be contained
in any multimodal corridor analyses of areas within the district; and
(14) To exercise other powers and duties as may be reasonable to
carry out the purposes of the district.
NEW SECTION. Sec. 12
(2) 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 commission shall
consult with regional transit authorities, city transportation
authorities, other transit and transportation agencies, and ferry
providers operating within the region. The standards shall also
address vanpool coordination, fare policies, and transportation demand
management programs.
(3) In addition to the duties under section 14 of this act, the
commission 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 commission finds that those plans do not meet the
standards set forth in subsection (1) of this section, the commission
shall immediately notify the agency that prepared the plan of the
reasons for noncompliance. The plan may be amended and resubmitted to
the commission.
(4) If the commission 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
investment plan.
NEW SECTION. Sec. 13
(1) 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 commission shall consult
with the state department of transportation and local traffic
operations agencies; and
(2) Ensure that elements of the regional transportation investment
plan include a regional traffic operations coordination element that
meets the standards under subsection (1) of this section. This plan
shall 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. 14
(2) The commission shall assume the system planning and taxing
authority from, and establish a framework for overseeing the
managerial, financial, and operational performance of, any regional
transit authority under chapter 81.112 RCW located partly or wholly
within the district's boundaries to strengthen regional and local
transit service.
(3) The commission may coordinate its activities with the
department of transportation and affected cities, towns, and other
local governments that engage in transportation planning.
(4) The commission shall:
(a) Oversee all regional expenditures of federal, state, and
regional transportation funds consistent with the purposes of this
chapter;
(b) Develop and modify, as needed, a prioritized list of
transportation projects meeting all requirements of (d) of this
subsection;
(c) Conduct public meetings that are needed to assure active public
participation in the development of the plan;
(d) Adopt, in coordination with the regional transit authority, a
regional transportation investment plan, which must:
(i) Identify transportation projects to be funded;
(ii) Recommend sources of revenue authorized by section 19 of this
act and chapter 81.112 RCW, and a financing plan to fund the
transportation projects in the plan. The overall plan of the
commission shall leverage the regional transportation district's
financial contributions so that in combination with federal, state,
local, and other revenue sources, the plan is funded. The plan may
include provisions for delaying the imposition of regional taxes and
fees or projects identified in the plan, pending the financial
participation of other parties or alternative financing techniques
necessary to accomplish the plan. The plan must include provisions for
adjusting the plan as needed to improve operations of the
transportation network in the region; and
(iii) Include policies for investment, operations, and the
performance of the regional transportation network using the following
criteria for selecting transportation improvement projects to improve
transportation system performance:
(A) Reduced risk of transportation facility failure and improved
safety;
(B) Improved travel time;
(C) Improved air quality;
(D) Increases in daily and peak period trip capacity;
(E) Improved modal connectivity;
(F) Improved freight mobility;
(G) Cost-effectiveness of the investment;
(H) Optimal performance of the system over time; and
(I) Other criteria, as adopted by the commission; and
(e) Perform multimodal corridor planning jointly with the
department of transportation under RCW 47.06.130, including
prioritizing projects of regional significance within any corridor
analyses of areas within the district.
(5) Before adopting the plan, the commission, with assistance from
the department of transportation and other lead agencies, shall work
with the lead agency to develop accurate cost estimates for
transportation projects. This project-costing methodology shall be
integrated with revenue forecasts in developing the financial plan and,
at a minimum, include estimated project costs in current dollars and
year of expenditure dollars, the range of project costs reflected by
the level of project design, project contingencies, identification of
mitigation costs, the range of revenue forecasts, and project and plan
cash flow and bond analysis. The plan shall provide cost estimates for
each project, including contingency costs. Plans shall provide that
all of the funds raised will be used to fund projects in the plan,
including environmental improvements and mitigation, and that
administrative costs be minimized. If actual revenue exceeds actual
plan costs, the excess revenues must be used to retire any outstanding
debt associated with the plan.
(6) Until the first Monday of January 2009, the commission shall
transmit the plan to the county legislative authority or authorities,
which shall act by ordinance within ninety days to adopt or not adopt
the plan.
(7) Once the plan is adopted, if required under subsection (6) of
this section, the participating county legislative authorities shall
initiate the election process under section 15 of this act. The
commission shall, at the same time, provide notice to each city and
town within the authority, the governor, the chairs and ranking members
of the transportation committees of the legislature, the secretary of
transportation, and each legislator whose legislative district is
partially or wholly within the boundaries of the authority.
(8) If the ballot measure is not approved, the commission may
redefine the selected transportation projects, financing plan, and the
ballot measure with input from the county legislative authority or
authorities. The county legislative authorities or authority may
approve the new plan and ballot measure, and may then submit the
revised proposition to the voters at the next election or a special
election.
(9) The commission is responsible for the execution of the voter-approved plan.
(10) The commission shall monitor and audit the progress and
execution of transportation projects to protect the investment of the
public and annually publicize its findings.
(11) It is the intent of the legislature that administrative and
overhead costs of a regional transportation district be minimized.
(12) Lead agencies implementing authority projects may use the
design-build procedure for transportation projects they develop. As
used in this section, "design-build procedure" means a method of
contracting under which the authority 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.
(13) The commission shall carry out such other duties it deems
necessary to implement the regional transportation investment plan.
NEW SECTION. Sec. 15
NEW SECTION. Sec. 16
NEW SECTION. Sec. 17
In addition to the account established in section 18 of this act,
the treasurer may establish a special account, into which may be paid
district funds. The treasurer may disburse authority funds only on
warrants issued by the district upon orders or vouchers approved by the
district.
If the treasurer of the district is the treasurer of a county, all
district funds must be deposited with a county depositary under the
same restrictions, contracts, and security as provided for county
depositaries. If the treasurer of the district is some other person,
all funds must be deposited in a bank or banks authorized to do
business in this state qualified for insured deposits under any federal
deposit insurance act as the district, by resolution, designates.
The district may provide and require a reasonable bond of any other
person handling moneys or securities of the district, but the district
shall pay the premium on the bond.
NEW SECTION. Sec. 18
NEW SECTION. Sec. 19
(a) A regional sales and use tax, as specified in RCW 82.14.430, of
up to 0.2 percent of the selling price, in the case of a sales tax, or
value of the article used, in the case of a use tax, upon the
occurrence of any taxable event in the regional transportation
district. This tax is intended to be temporary in nature to supplement
district revenues until implementation of some or all of the network
value-pricing system authorized in this section. This tax may not be
imposed without an affirmative vote of the majority of the voters
within the boundaries of the district voting on a ballot proposition
and may not authorize imposition of this tax for a period of longer
than ten years. This tax may be extended for a period not exceeding
ten years with an affirmative vote of the voters;
(b) A local option vehicle license fee, as specified under RCW
82.80.100, of up to one hundred dollars per vehicle registered in the
district. As used in this subsection, "vehicle" means motor vehicle as
defined in RCW 46.04.320. Certain classes of vehicles, as defined
under chapter 46.04 RCW, may be exempted from this fee;
(c) A local motor vehicle excise tax under RCW 81.100.060;
(d) A network value-pricing assessment of charges for users of
transportation facilities as set forth in section 21 of this act and
meeting the following conditions:
(i) With the approval of the transportation commission, or its
successor, vehicle tolls may be imposed on a local or regional arterial
or state or federal highway within the boundaries of the district;
(ii) The plan must identify the facilities that may be tolled; and
(iii) Unless otherwise specified by law or contract, the department
of transportation shall administer the collection of vehicle tolls on
designated facilities, and the state transportation commission, or its
successor, shall be the tolling authority; and
(e) All revenue sources authorized under chapter 81.112 RCW for any
regional transit authority within the district's boundaries.
(2) Revenues from these taxes and fees may be used only to
implement the plan as set forth in this chapter. Taxes, fees, and the
authority to impose tolls may not be imposed without an affirmative
vote of the majority of voters within the boundaries of the district
voting on a ballot proposition as set forth in sections 14 and 15 of
this act. The commission may contract with the state department of
revenue or other appropriate entities for administration and collection
of any of the taxes or fees authorized in this section. In authorizing
these revenue sources, it is the intent of the legislature to provide
a range of options that can be tailored to meet the transportation
financing needs and to improve operating efficiency of transportation
facilities.
NEW SECTION. Sec. 20
NEW SECTION. Sec. 21
(2) Charges imposed may be collected either periodically in a
manner prescribed by the district or annually by the department of
licensing upon renewal of the vehicle license. The district may
identify categories of miles driven that are subject to or exempt from
the charge, including, but not limited to, travel outside the
authority, travel in specified corridors, time of travel, or exempt or
maximum mileage charges.
(3) The mileage charge under this section is subject to the
approval of the transportation commission or its statutory successor,
and the authority to impose a charge is subject to voter approval as
set forth in sections 14 and 15 of this act.
(4) A district imposing a mileage charge collected annually by the
department of licensing upon renewal of the vehicle license shall enter
into a contract with the department of licensing. The contract shall
contain provisions that fully recover the costs to the department of
licensing for collection and administration of the charge. The
district imposing this charge or initiating an exemption process shall
provide at least a six-month notice to the department of licensing
before the implementation of any changes in registration amounts or
exemptions.
NEW SECTION. Sec. 22
(b) With the approval of three-fifths of the voters voting at an
election, the district may contract indebtedness or borrow money for
district purposes and may issue general obligation bonds or other
evidences of indebtedness as long as the total indebtedness of the
district does not exceed five percent of the value of the taxable
property within the district, including indebtedness authorized under
(a) of this subsection. The bonds shall be issued and sold in
accordance with chapter 39.46 RCW.
(2) The district may at any time issue revenue bonds or other
evidences of indebtedness, secured by the pledge of one or more of the
revenues authorized to be collected by the district, to provide funds
to carry out its authorized functions without submitting the matter to
the voters of the district. These obligations shall be issued and sold
in accordance with chapter 39.46 RCW.
(3) The district may enter into agreements with the lead agencies
or the state of Washington, when authorized by the plan, to pledge
taxes or other revenues of the district for the purpose of paying, in
part or whole, principal and interest on bonds issued by the lead
agency or the state of Washington. The agreements pledging revenues
and taxes are binding for their terms, and no tax pledged by an
agreement may be eliminated or modified if it would impair the pledge
made in any agreement. The term of the bonds may not exceed twenty-five years.
(4) It is the intent of the legislature that the transportation
plan developed by the district minimize its reliance on bonds and that
the district rely on, to the extent possible, revenues and charges
generated by the network. The issuance of bonds is authorized to
address critical transportation expenditures and to better manage the
revenues and expenditure commitments of the district.
(5) Once construction of capital projects in the plan has been
completed, revenues collected by the district may only be used for the
following purposes: (a) Payment of principal and interest on
outstanding indebtedness of the district; (b) to make payments required
under a pledging agreement; (c) to make payments for maintenance and
operations of toll facilities as may be required by toll bond
covenants; and (d) to continue other programs as defined in the plan.
NEW SECTION. Sec. 23
(a) The commission adopts a resolution to modify the plan or to
newly impose or increase the rate of the motor vehicle excise tax,
vehicle license fee, or a sales and use tax authorized under RCW
82.14.430, and the counties submit the issue to the voters in the
district in the same manner provided for in section 15 of this act; or
(b) The commission redefines the scope of the plan, its projects,
its schedule, or its costs.
(2) The commission shall continually assess the plan to identify
investment and operational changes to improve system performance and
annually update the plan.
NEW SECTION. Sec. 24
(2) To assure accountability to the public for the timely
accomplishment of the transportation project or projects within scope
and cost projections, the commission 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 authority shall indicate
the status of transportation project costs, transportation project
expenditures, revenues, and construction schedules. The report shall
also include an explanation of the material change policy and actions
taken thereon, and may also include progress towards meeting the
performance criteria provided under this chapter.
Sec. 25 RCW 81.100.020 and 1990 c 43 s 13 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Transit agency" means a city that operates a transit system,
a public transportation benefit area, a county transportation
authority, or a metropolitan municipal corporation.
(2) The "high occupancy vehicle system" includes high occupancy
vehicle lanes, related high occupancy vehicle facilities, and high
occupancy vehicle programs.
(3) "High occupancy vehicle lanes" mean lanes reserved for public
transportation vehicles only or public transportation vehicles and
private vehicles carrying no fewer than a specified number of
passengers under RCW 46.61.165.
(4) "Related facilities" means park and ride lots, park and pool
lots, ramps, bypasses, turnouts, signal preemption, and other
improvements designed to maximize use of the high occupancy vehicle
system.
(5) "High occupancy vehicle program" means advertising the high
occupancy vehicle system, promoting carpool, vanpool, and transit use,
providing vanpool vehicles, and enforcement of driving restrictions
governing high occupancy vehicle lanes.
(6) "Regional transportation district" or "district" means the
regional transportation district established in section 3 of this act.
Sec. 26 RCW 81.100.060 and 2002 c 56 s 411 are each amended to
read as follows:investment
district for capital improvements)) district, but only to the extent
that the surcharge has not already been imposed by the county, may,
with voter approval, impose a local surcharge of not more than three-tenths of one percent in the case of a county, or six-tenths of one
percent in the case of a regional transportation district, of the value
on vehicles registered to a person residing within the county or
district and not more than 13.64 percent on the state sales and use
taxes paid under the rate in RCW 82.08.020(2) on retail car rentals
within the county or ((investment)) district. A county may impose the
surcharge only to the extent that it has not been imposed by the
district. No surcharge may be imposed on vehicles licensed under RCW
46.16.070 except vehicles with an unladen weight of six thousand pounds
or less, RCW 46.16.079, 46.16.085, or 46.16.090.
Counties or ((investment districts)) a district imposing a tax
under this section shall contract, before the effective date of the
resolution or ordinance imposing a surcharge, administration and
collection to the state department of licensing, and department of
revenue, as appropriate, which shall deduct an amount, as provided by
contract, for administration and collection expenses incurred by the
department. All administrative provisions in chapters 82.03, 82.32,
and 82.44 RCW shall, insofar as they are applicable to motor vehicle
excise taxes, be applicable to surcharges imposed under this section.
All administrative provisions in chapters 82.03, 82.08, 82.12, and
82.32 RCW shall, insofar as they are applicable to state sales and use
taxes, be applicable to surcharges imposed under this section. In
administering this section, the department of licensing and the
department of revenue shall collaborate to develop a schedule for
determining the value of vehicles subject to the tax that reflects the
market value of the vehicle. The valuation process shall provide for
a process for appealing the identified value of the vehicle.
If the tax authorized in RCW 81.100.030 is also imposed, the total
proceeds from tax sources imposed under this section and RCW 81.100.030
each year shall not exceed the maximum amount which could be collected
under this section.
Sec. 27 RCW 81.100.080 and 1990 c 43 s 19 are each amended to
read as follows:
Priorities for construction of high occupancy vehicle lanes and
related facilities shall be as follows:
(1)(a) To accelerate construction of high occupancy vehicle lanes
on the interstate highway system, as well as related facilities;
(b) To finance or accelerate construction of high occupancy vehicle
lanes on the noninterstate state highway system, as well as related
facilities.
(2) To finance construction of high occupancy vehicle lanes on
local arterials, as well as related facilities.
Moneys received by ((an agency)) a county under this chapter shall
be used in addition to, and not as a substitute for, moneys currently
used by the agency for the purposes specified in this section.
Counties and the regional transportation district may contract with
cities or the state department of transportation for construction of
high occupancy vehicle lanes and related facilities, and may issue
general obligation bonds to fund such construction and use funds
received under this chapter to pay the principal and interest on such
bonds.
Sec. 28 RCW 82.14.430 and 2002 c 56 s 405 are each amended to
read as follows:investment)) district may impose a sales and use tax
of up to ((0.5)) 0.2 percent of the selling price or value of the
article used in the case of a use tax. The tax authorized by this
section is in addition to the tax authorized by RCW 82.14.030 and must
be collected from those persons who are taxable by the state under
chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event
within the taxing district. Motor vehicles are exempt from the sales
and use tax imposed under this subsection.
(2) If approved by the majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation
((investment)) district may impose a tax on the use of a motor vehicle
within a regional transportation ((investment)) district. The tax
applies to those persons who reside within the regional transportation
((investment)) district. The rate of the tax may not exceed 0.5
percent of the value of the motor vehicle. The tax authorized by this
subsection is in addition to the tax authorized under RCW 82.14.030 and
must be imposed and collected at the time a taxable event under RCW
82.08.020(1) or 82.12.020 takes place. All revenue received under this
subsection must be deposited in the local sales and use tax account and
distributed to the regional transportation ((investment)) district
according to RCW 82.14.050. The following provisions apply to the use
tax in this subsection:
(a) Where persons are taxable under chapter 82.08 RCW, the seller
shall collect the use tax from the buyer using the collection
provisions of RCW 82.08.050.
(b) Where persons are taxable under chapter 82.12 RCW, the use tax
must be collected using the provisions of RCW 82.12.045.
(c) "Motor vehicle" has the meaning provided in RCW 46.04.320, but
does not include farm tractors or farm vehicles as defined in RCW
46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in
RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(d) "Person" has the meaning given in RCW 82.04.030.
(e) The value of a motor vehicle must be determined under RCW
82.12.010.
(f) Except as specifically stated in this subsection (2), chapters
82.12 and 82.32 RCW apply to the use tax. The use tax is a local tax
imposed under the authority of chapter 82.14 RCW, and chapter 82.14 RCW
applies fully to the use tax.
Sec. 29 RCW 82.80.005 and 2002 c 56 s 415 are each amended to
read as follows:investment)) district created ((under
chapter 36.120 RCW)) in section 3 of this act.
Sec. 30 RCW 82.80.070 and 2005 c 319 s 139 are each amended to
read as follows:
(2) The local option transportation revenues shall be expended for
transportation uses consistent with the adopted transportation and land
use plans of the jurisdiction expending the funds and consistent with
any applicable and adopted regional transportation plan for
metropolitan planning areas.
(3) Each local government with a population greater than eight
thousand that levies or expends local option transportation funds, is
also required to develop and adopt a specific transportation program
that contains the following elements:
(a) The program shall identify the geographic boundaries of the
entire area or areas within which local option transportation revenues
will be levied and expended.
(b) The program shall be based on an adopted transportation plan
for the geographic areas covered and shall identify the proposed
operation and construction of transportation improvements and services
in the designated plan area intended to be funded in whole or in part
by local option transportation revenues and shall identify the annual
costs applicable to the program.
(c) The program shall indicate how the local transportation plan is
coordinated with applicable transportation plans for the region and for
adjacent jurisdictions.
(d) The program shall include at least a six-year funding plan,
updated annually, identifying the specific public and private sources
and amounts of revenue necessary to fund the program. The program
shall include a proposed schedule for construction of projects and
expenditure of revenues. The funding plan shall consider the
additional local tax revenue estimated to be generated by new
development within the plan area if all or a portion of the additional
revenue is proposed to be earmarked as future appropriations for
transportation improvements in the program.
(4) Local governments with a population greater than eight thousand
exercising the authority for local option transportation funds shall
periodically review and update their transportation program to ensure
that it is consistent with applicable local and regional transportation
and land use plans and within the means of estimated public and private
revenue available.
(5) In the case of expenditure for new or expanded transportation
facilities, improvements, and services, priorities in the use of local
option transportation revenues shall be identified in the
transportation program and expenditures shall be made based upon the
following criteria, which are stated in descending order of weight to
be attributed:
(a) First, the project serves a multijurisdictional function;
(b) Second, it is necessitated by existing or reasonably
foreseeable congestion;
(c) Third, it has the greatest person-carrying capacity;
(d) Fourth, it is partially funded by other government funds, such
as from the state transportation improvement board, or by private
sector contributions, such as those from the local transportation act,
chapter 39.92 RCW; and
(e) Fifth, it meets such other criteria as the local government
determines is appropriate.
(6) It is the intent of the legislature that as a condition of
levying, receiving, and expending local option transportation revenues,
no local government agency use the revenues to replace, divert, or loan
any revenues currently being used for transportation purposes to
nontransportation purposes.
(7) Local governments are encouraged to enter into interlocal
agreements to jointly develop and adopt with other local governments
the transportation programs required by this section for the purpose of
accomplishing regional transportation planning and development.
(8) Local governments may use all or a part of the local option
transportation revenues for the amortization of local government
general obligation and revenue bonds issued for transportation purposes
consistent with the requirements of this section.
(((9) Subsections (1) through (8) of this section do not apply to
a regional transportation investment district imposing a tax or fee
under the local option authority of this chapter. Proceeds collected
under the exercise of local option authority under this chapter by a
district must be used in accordance with chapter 36.120 RCW.))
Sec. 31 RCW 82.80.080 and 2002 c 56 s 414 are each amended to
read as follows:and 82.80.020)), levied by counties
to the levying counties, and cities contained in those counties, based
on the relative per capita population. County population for purposes
of this section is equal to one and one-half of the unincorporated
population of the county. In calculating the distributions, the state
treasurer shall use the population estimates prepared by the state
office of financial management and shall further calculate the
distribution based on information supplied by the departments of
licensing and revenue, as appropriate.
(2) The state treasurer shall distribute revenues, less authorized
deductions, generated by the local option taxes authorized in RCW
82.80.010 ((and 82.80.020)) levied by qualifying cities and towns to
the levying cities and towns.
(3) The state treasurer shall distribute to the district revenues,
less authorized deductions, generated by the local option taxes under
RCW 82.80.010 or fees under RCW 82.80.100 levied by ((a)) the district.
Sec. 32 RCW 82.80.100 and 2002 c 56 s 408 are each amended to
read as follows:investment)) district may set and impose an annual
local option vehicle license fee, or a schedule of fees based upon the
age of the vehicle, of up to one hundred dollars per motor vehicle
registered within the boundaries of the region on every motor vehicle.
As used in this section "motor vehicle" has the meaning provided in RCW
46.04.320, but does not include farm tractors or farm vehicles as
defined in RCW 46.04.180 and 46.04.181, off-road and nonhighway
vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW
46.10.010. Vehicles registered under chapter 46.87 RCW and the
international registration plan are exempt from the annual local option
vehicle license fee set forth in this section. The department of
licensing shall administer and collect this fee on behalf of regional
transportation ((investment)) districts and remit this fee to the
custody of the state treasurer for monthly distribution under RCW
82.80.080.
(2) ((The local option vehicle license fee applies only when
renewing a vehicle registration, and is effective upon the registration
renewal date as provided by the department of licensing.)) A regional transportation ((
(3)investment)) district imposing
the local option vehicle license fee or initiating an exemption process
shall enter into a contract with the department of licensing. The
contract must contain provisions that fully recover the costs to the
department of licensing for collection and administration of the fee.
(((4))) (3) A regional transportation ((investment)) district
imposing the local option fee shall delay the effective date of the
local option vehicle license fee imposed by this section at least six
months from the date of the final certification of the approval
election to allow the department of licensing to implement the
administration and collection of or exemption from the fee.
Sec. 33 RCW 47.56.010 and 2002 c 114 s 2 are each amended to read
as follows:
As used in this chapter:
(1) "Toll bridge" means a bridge constructed or acquired under this
chapter, upon which tolls are charged, together with all appurtenances,
additions, alterations, improvements, and replacements thereof, and the
approaches thereto, and all lands and interests used therefor, and
buildings and improvements thereon.
(2) "Toll road" means any express highway, superhighway, or
motorway at such locations and between such termini as may be
established by law, and constructed or to be constructed as a limited
access highway under the provisions of this chapter by the department,
and shall include, but not be limited to, all bridges, tunnels,
overpasses, underpasses, interchanges, entrance plazas, approaches,
toll houses, service areas, service facilities, communications
facilities, and administration, storage, and other buildings that the
department may deem necessary for the operation of the project,
together with all property, rights, easements, and interests that may
be acquired by the department for the construction or the operation of
the project, all of which shall be conducted in the same manner and
under the same procedure as provided for the establishing,
constructing, operating, and maintaining of toll bridges by the
department, insofar as those procedures are reasonably consistent and
applicable.
(3) "1950 Tacoma Narrows bridge" means the bridge crossing the
Tacoma Narrows that was opened to vehicle travel in 1950.
(4) "Regional transportation commission" means the regional
transportation commission created in section 4 of this act.
(5) "Regional transportation district" means the regional
transportation district created in section 3 of this act.
Sec. 34 RCW 47.56.075 and 2002 c 56 s 404 are each amended to
read as follows:a)) the regional transportation
((investment)) district, or a city, town, or county.
Sec. 35 RCW 47.56.076 and 2005 c 335 s 3 are each amended to read
as follows:
Upon approval of a majority of the voters within its boundaries
voting on the ballot proposition, and ((only for the purposes
authorized in RCW 36.120.050(1)(g))) with the approval of the
transportation commission, or its successor, ((a)) the regional
transportation ((investment)) district may authorize vehicle tolls on
a state ((routes where improvements financed in whole or in part by a
regional transportation investment district add additional lanes to, or
reconstruct lanes on, a highway of statewide significance)) or federal
highway within the boundaries of the district. The department shall
administer the collection of vehicle tolls authorized on designated
facilities unless otherwise specified in law or by contract, and the
state transportation commission, or its successor, shall ((be the
tolling authority)) set and impose the tolls, based on value-pricing,
in amounts sufficient to implement the regional transportation
investment plan.
NEW SECTION. Sec. 36 A new section is added to chapter 47.56 RCW
to read as follows:
Sec. 37 RCW 81.112.010 and 1992 c 101 s 1 are each amended to
read as follows:
The legislature recognizes that existing transportation facilities
in the central Puget Sound area are inadequate to address mobility
needs of the area. The geography of the region((,)) and travel demand
growth((, and public resistance to new roadways combine to further))
necessitate the rapid development of ((alternative)) multiple modes of
travel.
The legislature finds that local governments have been effective in
cooperatively planning a multicounty, high capacity transportation
system. However, a continued multijurisdictional approach to funding,
construction, and operation of a multicounty high capacity
transportation system may impair the successful implementation of such
a system.
The legislature finds that a single agency will be more effective
than several local jurisdictions working collectively at planning,
developing, operating, and funding a high capacity transportation
system. The single agency's services must be carefully integrated and
coordinated with public transportation services currently provided. As
the single agency's services are established, any public transportation
services currently provided that are duplicative should be eliminated.
Further, the single agency must coordinate its activities with other
agencies providing local and state roadway services, implementing
comprehensive planning, and implementing transportation demand
management programs and assist in developing infrastructure to support
high capacity systems including but not limited to feeder systems, park
and ride facilities, intermodal centers, and related roadway and
operational facilities. Coordination can be best achieved through
common governance, such as integrated governing boards.
It is therefore the policy of the state of Washington to empower
counties in the state's most populous region to create a local agency
for planning and implementing public transportation systems and a high
capacity transportation system within that region. The authorization
for such an agency, except as specifically provided in this chapter, is
not intended to limit the powers of existing transit agencies.
Sec. 38 RCW 81.112.020 and 1999 c 20 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Authority" means a regional transit authority authorized under
this chapter.
(2) "Board" means the board of a regional transit authority.
(3) "Service area" or "area" means the area included within the
boundaries of a regional transit authority.
(4) "System" means a regional transit system or local public
transportation system authorized under this chapter and under the
jurisdiction of a regional transit authority.
(5) "Facilities" means any lands, interest in land, air rights over
lands, and structures, including improvements thereto ((including)) and
vessel terminals, and any equipment, vehicles, vessels, and other
components necessary to support ((the)) a system.
(6) "Proof of payment" means evidence of fare prepayment authorized
by a regional transit authority for the use of trains, including but
not limited to commuter trains and light rail trains.
(7) "Local public transportation system" means a system of public
transportation services, including the services and facilities
necessary to implement the system, excluding a public monorail
transportation facility under chapter 35.95A RCW.
(8) "Regional transportation commission" means the regional
transportation commission established under section 4 of this act.
(9) "Regional transportation investment plan" or "plan" means the
regional transportation investment plan as defined in section 2 of this
act.
(10) "Regional transportation district" or "district" means the
regional transportation district created in section 3 of this act.
Sec. 39 RCW 81.112.030 and 1994 c 44 s 1 are each amended to read
as follows:
Two or more contiguous counties each having a population of four
hundred thousand persons or more may establish a regional transit
authority to develop and operate a high capacity transportation system
as defined in chapter 81.104 RCW and local public transportation
systems.
((The authority shall be formed in the following manner:))
(1) The joint regional policy committee created pursuant to RCW
81.104.040 shall adopt a system and financing plan, including the
definition of the service area. This action shall be completed by
September 1, 1992, contingent upon satisfactory completion of the
planning process defined in RCW 81.104.100. The final system plan
shall be adopted no later than June 30, 1993. In addition to the
requirements of RCW 81.104.100, the plan for the proposed system shall
provide explicitly for a minimum portion of new tax revenues to be
allocated to local transit agencies for interim express services. Upon
adoption the joint regional policy committee shall immediately transmit
the plan to the county legislative authorities within the adopted
service area.
(2) The legislative authorities of the counties within the service
area shall decide by resolution whether to participate in the
authority. This action shall be completed within forty-five days
following receipt of the adopted plan or by August 13, 1993, whichever
comes first.
(3) Each county that chooses to participate in the authority shall
appoint its board members as set forth in RCW 81.112.040 and shall
submit its list of members to the secretary of the Washington state
department of transportation. These actions must be completed within
thirty days following each county's decision to participate in the
authority.
(4) The secretary shall call the first meeting of the authority, to
be held within thirty days following receipt of the appointments. At
its first meeting, the authority shall elect officers and provide for
the adoption of rules and other operating procedures.
(5) The authority is formally constituted at its first meeting and
the board shall begin taking steps toward implementation of the system
and financing plan adopted by the joint regional policy committee. If
the joint regional policy committee fails to adopt a plan by June 30,
1993, the authority shall proceed to do so based on the work completed
by that date by the joint regional policy committee. Upon formation of
the authority, the joint regional policy committee shall cease to
exist. The authority may make minor modifications to the plan as
deemed necessary and shall at a minimum review local transit agencies'
plans to ensure feeder service/
(6) If the authority determines that major modifications to the
plan are necessary before the initial ballot proposition is submitted
to the voters, the authority may make those modifications with a
favorable vote of two-thirds of the entire membership. Any such
modification shall be subject to the review process set forth in RCW
81.104.110. The modified plan shall be transmitted to the legislative
authorities of the participating counties. The legislative authorities
shall have forty-five days following receipt to act by motion or
ordinance to confirm or rescind their continued participation in the
authority.
(7) If any county opts to not participate in the authority, but two
or more contiguous counties do choose to continue to participate, the
authority's board shall be revised accordingly. The authority shall,
within forty-five days, redefine the system and financing plan to
reflect elimination of one or more counties, and submit the redefined
plan to the legislative authorities of the remaining counties for their
decision as to whether to continue to participate. This action shall
be completed within forty-five days following receipt of the redefined
plan.
(8) The authority shall place on the ballot within two years of the
authority's formation, a single ballot proposition to authorize the
imposition of taxes to support the implementation of an appropriate
phase of the plan within its service area. In addition to the system
plan requirements contained in RCW 81.104.100(2)(d), the system plan
approved by the authority's board before the submittal of a proposition
to the voters shall contain an equity element which:
(a) Identifies revenues anticipated to be generated by corridor and
by county within the authority's boundaries;
(b) Identifies the phasing of construction and operation of high
capacity system facilities, services, and benefits in each corridor.
Phasing decisions should give priority to jurisdictions which have
adopted transit-supportive land use plans; and
(c) Identifies the degree to which revenues generated within each
county will benefit the residents of that county, and identifies when
such benefits will accrue.
A simple majority of those voting within the boundaries of the
authority is required for approval. If the vote is affirmative, the
authority shall begin implementation of the projects identified in the
proposition. However, the authority may not submit any authorizing
proposition for voter-approved taxes prior to July 1, 1993; nor may the
authority issue bonds or form any local improvement district prior to
July 1, 1993.
(9) If the vote on a proposition fails, the board may redefine the
proposition, make changes to the authority boundaries, and make
corresponding changes to the composition of the board. If the
composition of the board is changed, the participating counties shall
revise the membership of the board accordingly. The board may then
submit the revised proposition or a different proposition to the
voters. No single proposition may be submitted to the voters more than
twice. The authority may place additional propositions on the ballot
to impose taxes to support additional phases of plan implementation.
If the authority is unable to achieve a positive vote on a
proposition within two years from the date of the first election on a
proposition, the board may, by resolution, reconstitute the authority
as a single-county body. With a two-thirds vote of the entire
membership of the voting members, the board may also dissolve the
authority.
Sec. 40 RCW 81.112.040 and 1994 c 109 s 1 are each amended to
read as follows:
(1) 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) Major decisions of the authority shall require a favorable vote
of two-thirds of the entire membership of the voting members. "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) 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.
(4) The board shall form an advisory committee of cities within its
jurisdiction.
Sec. 41 RCW 81.112.050 and 1998 c 192 s 1 are each amended to
read as follows:
(1) At the time of formation, the area to be included within the
boundary of the authority shall be that area set forth in the system
plan adopted by the joint regional policy committee. Prior to
submitting the system and financing plan to the voters, the authority
may make adjustments to the boundaries as deemed appropriate but must
assure that, to the extent possible, the boundaries: (a) Include the
largest-population urban growth area designated by each county under
chapter 36.70A RCW; and (b) follow election precinct boundaries. If a
portion of any city is determined to be within the service area, the
entire city must be included within the boundaries of the authority.
(2) ((After voters within the authority boundaries have approved
the system and financing plan, elections to add areas contiguous to the
authority boundaries may be called by resolution of the regional
transit authority, after consultation with affected transit agencies
and with the concurrence of the legislative authority of the city or
town if the area is incorporated, or with the concurrence of the county
legislative authority if the area is unincorporated. Only those areas
that would benefit from the services provided by the authority may be
included and services or projects proposed for the area must be
consistent with the regional transportation plan. The election may
include a single ballot proposition providing for annexation to the
authority boundaries and imposition of the taxes at rates already
imposed within the authority boundaries.)) Effective January 1, 2007, the
authority boundaries shall be determined by the regional transportation
commission and shall, to the extent deemed appropriate by the
commission, be coextensive with the boundaries of the regional
transportation district.
(3) Upon receipt of a resolution requesting exclusion from the
boundaries of the authority from a city whose municipal boundaries
cross the boundaries of an authority and thereby result in only a
portion of the city being subject to local option taxes imposed by the
authority under chapters 81.104 and 81.112 RCW in order to implement a
high-capacity transit plan, and where the vote to approve the city's
incorporation occurred simultaneously with an election approving the
local option taxes, then upon a two-thirds majority vote of the
governing board of the authority, the governing board shall redraw the
boundaries of the authority to exclude that portion of the city that is
located within the authority's boundaries, and the excluded area is no
longer subject to local option taxes imposed by the authority. This
subsection expires December 31, 1998
(3) After the transfer of local public transportation systems to
the regional transit authority, as specified in section 45 of this act,
the authority shall maintain public transportation facilities and
services for citizens of the acquired local transportation systems who
reside outside the boundaries of the authority and within the local
transportation system area at existing levels unless and until such
time as (a) the regional transportation commission modifies the
boundaries of the authority to include the entire area served by the
local public transportation system, and (b) such facilities and
services are modified by a regional transportation investment plan
approved by voters.
Sec. 42 RCW 81.112.070 and 1992 c 101 s 7 are each amended to
read as follows:
In addition to the powers specifically granted by this chapter, an
authority shall have all powers necessary to implement ((a high
capacity transportation)) systems, which after January 1, 2007, must be
in accordance with a regional transportation investment plan, and to
develop revenues ((for system)) to support these systems. An authority
may:
(1) Contract with the United States or any agency thereof, any
state or agency thereof, any public transportation benefit area, any
county, county transportation authority, city, metropolitan municipal
corporation, special district, or governmental agency, within or
without the state, and any private person, firm, or corporation for:
(((1))) (a) The purpose of receiving gifts or grants or securing loans
or advances for preliminary planning and feasibility studies; (((2)))
(b) the design, construction, or operation of ((high capacity
transportation)) system facilities; or (((3))) (c) the provision or
receipt of services, facilities, or property rights to provide revenues
for ((the)) a system((. An authority shall have the power to));
(2) Contract pursuant to RCW 39.33.050((. In addition, an
authority may)); and
(3) Contract with any governmental agency or with any private
person, firm, or corporation for the use by either contracting party of
all or any part of the facilities, structures, lands, interests in
lands, air rights over lands and rights of way of all kinds which are
owned, leased, or held by the other party and for the purpose of
planning, constructing, or operating any facility or performing any
service that the authority may be authorized to operate or perform, on
such terms as may be agreed upon by the contracting parties. However,
before any contract for the lease or operation of any authority
facilities is let to any private person, firm, or corporation, a
general schedule of rental rates for equipment with or without
operators applicable to all private certificated carriers shall be
publicly posted, and for other facilities competitive bids shall first
be called upon such notice, bidder qualifications, and bid conditions
as the board shall determine. This shall allow use of negotiated
procurements.
Sec. 43 RCW 81.112.080 and 1992 c 101 s 8 are each amended to
read as follows:
An authority shall have the following powers in addition to the
general powers granted by this chapter:
(1) To carry out the planning processes set forth in RCW
81.104.100, if after January 1, 2007, all system planning and ballot
measures for voter approval are approved by the regional transportation
commission and integrated into a regional transportation investment
plan;
(2) To acquire by purchase, condemnation, gift, or grant and to
lease, construct, add to, improve, replace, repair, maintain, operate,
and regulate the use of high capacity transportation facilities and
properties within authority boundaries including surface, underground,
or overhead railways, tramways, busways, buses, bus sets, entrained and
linked buses, ferries, or other means of local transportation except
taxis, and including escalators, moving sidewalks, personal rapid
transit systems or other people-moving systems, passenger terminal and
parking facilities and properties, and such other facilities and
properties as may be necessary for passenger, vehicular, and vessel
access to and from such people-moving systems, terminal and parking
facilities and properties, together with all lands, rights of way,
property, equipment, and accessories necessary for such high capacity
transportation systems. When developing specifications for high
capacity transportation system operating equipment, an authority shall
take into account efforts to establish or sustain a domestic
manufacturing capacity for such equipment. The right of eminent domain
shall be exercised by an authority in the same manner and by the same
procedure as or may be provided by law for cities of the first class,
except insofar as such laws may be inconsistent with the provisions of
this chapter. Public transportation facilities and properties which
are owned by any city, county, county transportation authority, public
transportation benefit area, or metropolitan municipal corporation may
be acquired or used by an authority only with the consent of the agency
owning such facilities. Such agencies are hereby authorized to convey
or lease such facilities to an authority or to contract for their joint
use on such terms as may be fixed by agreement between the agency and
the authority((.));
The facilities and properties of an authority whose vehicles will
operate primarily within the rights of way of public streets, roads, or
highways, may be acquired, developed, and operated without the corridor
and design hearings that are required by RCW 35.58.273 for mass transit
facilities operating on a separate right of way
(3) To dispose of any real or personal property acquired in
connection with any authority function and that is no longer required
for the purposes of the authority, in the same manner as provided for
cities of the first class. When an authority determines that a
facility or any part thereof that has been acquired from any public
agency without compensation is no longer required for authority
purposes, but is required by the agency from which it was acquired, the
authority shall by resolution transfer it to such agency;
(4) To fix rates, tolls, fares, and charges for the use of such
facilities and to establish various routes and classes of service.
Fares or charges may be adjusted or eliminated for any distinguishable
class of users.
Sec. 44 RCW 81.112.110 and 1992 c 101 s 11 are each amended to
read as follows:
If an authority acquires any existing components of a high capacity
transportation system, it shall assume and observe all existing labor
contracts relating to the transportation system and, to the extent
necessary for operation of facilities, all of the employees of such
acquired transportation system whose duties are necessary to operate
efficiently the facilities acquired shall be appointed to comparable
positions to those which they held at the time of such transfer, and no
employee or retired or pensioned employee of such transportation
systems shall be placed in any worse position with respect to pension
seniority, wages, sick leave, vacation or other benefits that he or she
enjoyed as an employee of the transportation system prior to such
acquisition. At such times as may be required by such contracts, the
authority shall engage in collective bargaining with the duly appointed
representatives of any employee labor organization having existing
contracts with the acquired transportation system and may enter into
labor contracts with such employee labor organization. Facilities and
equipment ((which are acquired after July 1, 1993,)) related to high
capacity transportation services which are to be assumed by the
authority as specifically identified in the adopted system plan shall
be acquired by the authority in a manner consistent with RCW 81.112.070
through 81.112.100.
NEW SECTION. Sec. 45 A new section is added to chapter 81.112
RCW to read as follows:
(1) Within one year after the effective date of this section, all
local public transportation systems shall be transferred to, and
acquired by, a regional transit authority if the systems are operated
by a city, county, county transportation authority, public
transportation benefit area, or municipal corporation, partly or wholly
within the boundary of the regional transit authority. An authority
shall exercise all rights with respect to the construction,
acquisition, maintenance, operation, extension, alteration, repair,
control, and management of local public transportation systems that any
city, county, county transportation authority, metropolitan municipal
corporation, or public transportation benefit area, located partly or
wholly within the authority boundary, has been previously empowered to
exercise, and these powers shall not be exercised thereafter by these
agencies without the consent of the authority.
(2) The transfer of the powers, duties, functions, and personnel of
any transit agency to an authority does not affect the validity of any
act performed before the effective date of this section.
(3) All existing rights, contracts, and obligations shall remain in
full force and shall be enforceable by or against the authority upon
the acquisition of a local public transportation system from a city,
county, county transportation authority, public transportation benefit
area, or municipal corporation.
(4) The powers, duties, functions, and performance of the regional
transit authority shall be governed by the regional transportation
commission to develop and implement a regional transportation
investment plan.
NEW SECTION. Sec. 46 A new section is added to chapter 81.112
RCW to read as follows:
(1) Except in accordance with an agreement made in subsection (2)
of this section, upon the date an authority begins to operate a local
public transportation system, no person or private corporation may
operate a similar system or service within the area covered by the
system, with the exception of services owned or operated by any
corporation or organization solely for the purposes of the corporation
or organization and for the use of which no fee or fare is charged.
(2) The authority and any person or corporation legally operating
a local public transportation system wholly within or partly within and
partly without the authority boundary on the date an authority begins
operating the system may enter into an agreement under which the person
or corporation may continue to operate the system or any part thereof
for such time and upon such terms and conditions as provided in the
agreement. The agreement shall provide for a periodic review of the
terms and conditions contained therein. Where any local public
transportation system is required to cease operation within the
authority boundary, the authority may agree with the owner of the
system to purchase the assets used in providing the service, or if no
agreement can be reached, an authority shall condemn the assets in the
manner and by the same procedure as is or may be provided by law for
the condemnation of other properties for cities of the first class,
except to such an extent that the laws may be inconsistent with this
chapter.
(3) Wherever a privately owned public carrier operates wholly or
partly within an authority boundary, the Washington utilities and
transportation commission shall continue to exercise jurisdiction over
such operation as provided by law.
NEW SECTION. Sec. 47 A new section is added to chapter 81.112
RCW to read as follows:
With respect to any local public transportation system and property
acquired under section 45 of this act, a regional transit authority has
the following powers in addition to any other powers granted by this
chapter:
(1) To acquire by purchase, condemnation, gift, or grant, and to
lease, construct, add to, improve, replace, repair, maintain, operate,
and regulate the use of local public transportation systems and
properties, including those systems specified in RCW 81.112.080(2).
The right of eminent domain shall be exercised by an authority in the
same manner and by the same procedure as, or may be provided by law
for, first class cities, except insofar as such laws may be
inconsistent with the provisions of this chapter;
(2) To dispose of any real or personal property acquired in
connection with any authority function related to the operation of a
local public transportation system that is no longer required for the
purposes of the authority, in the same manner as provided for first
class cities. When an authority determines that a facility or any part
thereof, that has been acquired from a public agency without
compensation, is no longer required for authority purposes, but is
required by the agency from which it was acquired, the authority shall,
by resolution, transfer it to the agency;
(3) To fix rates, tolls, fares, and charges for the use of local
public transportation system facilities and to establish various routes
and classes of service. Fares or charges may be adjusted or eliminated
for any distinguishable class of users;
(4) To set and impose any tax authorized, and only to the extent
permitted:
(a) By chapter 35.58 RCW for an acquired metropolitan municipal
corporation;
(b) By chapter 36.57A RCW for an acquired public transportation
benefit area;
(c) By chapter 35.95 RCW for an acquired public transportation
system of a municipality; and
(d) As otherwise provided by law for a local public transportation
system;
However, any tax referenced in (a) through (d) of this subsection
must be (i) used only for funding local and regional public
transportation and high capacity transportation projects, (ii)
identified in the regional transportation investment plan, and (iii)
approved by the voters as set forth in section 15 of this act.
NEW SECTION. Sec. 48 A new section is added to chapter 81.112
RCW to read as follows:
In addition to any other powers granted by this chapter, a regional
transit authority has the power to set and impose any tax authorized by
chapter 35.95A RCW with respect to a city transportation authority, but
only (1) for funding nonmonorail, high capacity transportation projects
in the authority area as defined in RCW 35.95A.010, and (2) after
retirement of the existing debt incurred by the city transportation
authority as of January 1, 2006.
Sec. 49 RCW 35.95.020 and 1975 1st ex.s. c 270 s 3 are each
amended to read as follows:
The following terms however used or referred to in this chapter,
shall have the following meanings, unless a different meaning is
required by the context:
(1) "Corporate authority" shall mean the council or other
legislative body of a municipality.
(2)(a) "Municipality" shall mean any incorporated city, town,
county pursuant to RCW 36.57.100 and 36.57.110, any county
transportation authority created pursuant to chapter 36.57 RCW, any
public transportation benefit area created pursuant to chapter 36.57A
RCW, or any metropolitan municipal corporation created pursuant to RCW
35.58.010, et seq: PROVIDED, That the term "municipality" shall mean
in respect to any county performing the public transportation function
pursuant to RCW 36.57.100 and 36.57.110 only that portion of the
unincorporated area lying wholly within such unincorporated
transportation benefit area.
(b) "Municipality" does not include any local transportation agency
described in (a) of this subsection if the boundary of the agency is
located wholly within the boundary of an authority, as defined in RCW
81.112.020.
(3) "Person" shall mean any individual, firm, partnership,
corporation, company, association, joint stock association, school
district or political subdivision of the state, fraternal, benevolent,
religious or charitable society, club or organization, and shall
include any trustee, receiver, assignee, or other person acting in a
similar representative capacity. The term "person" shall not be
construed to include the United States nor the state of Washington.
Sec. 50 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 an authority located wholly within the
boundaries of a regional transit authority as defined in RCW 81.112.020
has no power to set or impose any tax otherwise authorized by this
chapter, except as necessary to retire the existing debt incurred by
the city transportation authority as of January 1, 2006.
Sec. 51 RCW 82.14.045 and 2001 c 89 s 3 are each amended to read
as follows:
(1) The legislative body of any city pursuant to RCW 35.92.060, of
any county which has created an unincorporated transportation benefit
area pursuant to RCW 36.57.100 and 36.57.110, of any public
transportation benefit area pursuant to RCW 36.57A.080 and 36.57A.090,
of any county transportation authority established pursuant to chapter
36.57 RCW, and of any metropolitan municipal corporation within a
county with a population of one million or more pursuant to chapter
35.58 RCW, may, by resolution or ordinance for the sole purpose of
providing funds for the operation, maintenance, or capital needs of
public transportation systems or public transportation limited to
persons with special needs under RCW 36.57.130 and 36.57A.180, and in
lieu of the excise taxes authorized by RCW 35.95.040, submit an
authorizing proposition to the voters or include such authorization in
a proposition to perform the function of public transportation or
public transportation limited to persons with special needs under RCW
36.57.130 and 36.57A.180, and if approved by a majority of persons
voting thereon, ((fix and)) impose a sales and use tax in accordance
with the terms of this chapter: PROVIDED, That no such legislative
body shall impose such a sales and use tax without submitting such an
authorizing proposition to the voters and obtaining the approval of a
majority of persons voting thereon: PROVIDED FURTHER, That where such
a proposition is submitted by a county on behalf of an unincorporated
transportation benefit area, it shall be voted upon by the voters
residing within the boundaries of such unincorporated transportation
benefit area and, if approved, the sales and use tax shall be imposed
only within such area. Notwithstanding any provisions of this section
to the contrary, any county in which a county public transportation
plan has been adopted pursuant to RCW 36.57.070 and the voters of such
county have authorized the imposition of a sales and use tax pursuant
to the provisions of section 10, chapter 167, Laws of 1974 ex. sess.,
prior to July 1, 1975, shall be authorized to fix and impose a sales
and use tax as provided in this section at not to exceed the rate so
authorized without additional approval of the voters of such county as
otherwise required by this section.
The tax authorized pursuant to this section shall be in addition to
the tax authorized by RCW 82.14.030 and shall be collected from those
persons who are taxable by the state pursuant to chapters 82.08 and
82.12 RCW upon the occurrence of any taxable event within such city,
public transportation benefit area, county, or metropolitan municipal
corporation as the case may be. The rate of such tax shall be one-tenth, two-tenths, three-tenths, four-tenths, five-tenths, six-tenths,
seven-tenths, eight-tenths, or nine-tenths of one percent of the
selling price (in the case of a sales tax) or value of the article used
(in the case of a use tax). The rate of such tax shall not exceed the
rate authorized by the voters unless such increase shall be similarly
approved.
(2)(a) In the event a metropolitan municipal corporation shall
impose a sales and use tax pursuant to this chapter no city, county
which has created an unincorporated transportation benefit area, public
transportation benefit area authority, or county transportation
authority wholly within such metropolitan municipal corporation shall
be empowered to ((levy and/or collect)) impose taxes pursuant to RCW
((35.58.273,)) 35.95.040((, and/or 82.14.045)) or this section, but
nothing herein shall prevent such city or county from imposing sales
and use taxes pursuant to any other authorization.
(b) In the event a county transportation authority shall impose a
sales and use tax pursuant to this section, no city, county which has
created an unincorporated transportation benefit area, public
transportation benefit area, or metropolitan municipal corporation,
located within the territory of the authority, shall be empowered to
((levy or collect)) impose taxes pursuant to RCW ((35.58.273,))
35.95.040((,)) or ((82.14.045)) this section.
(c) In the event a public transportation benefit area shall impose
a sales and use tax pursuant to this section, no city, county which has
created an unincorporated transportation benefit area, or metropolitan
municipal corporation, located wholly or partly within the territory of
the public transportation benefit area, shall be empowered to ((levy or
collect)) impose taxes pursuant to RCW ((35.58.273,)) 35.95.040((,)) or
((82.14.045)) this section.
(3) ((Any local sales and use tax revenue collected pursuant to
this section by any city or by any county for transportation purposes
pursuant to RCW 36.57.100 and 36.57.110 shall not be counted as locally
generated tax revenues for the purposes of apportionment and
distribution, in the manner prescribed by chapter 82.44 RCW, of the
proceeds of the motor vehicle excise tax authorized pursuant to RCW
35.58.273, except that the local sales and use tax revenue collected
under this section by a city with a population greater than sixty
thousand that as of January 1, 1998, owns and operates a municipal
public transportation system shall be counted as locally generated tax
revenues for the purposes of apportionment and distribution, in the
manner prescribed by chapter 82.44 RCW, of the proceeds of the motor
vehicle excise tax authorized under RCW 35.58.273 as follows:)) No
transportation agency otherwise eligible to impose the sales and use
tax authorized in subsection (1) of this section shall impose the tax
authorized in subsection (1) of this section if the services and
facilities of the agency are acquired by a regional transit authority
under section 45 of this act.
(a) For fiscal year 2000, revenues collected under this section
shall be counted as locally generated tax revenues for up to 25 percent
of the tax collected under RCW 35.58.273;
(b) For fiscal year 2001, revenues collected under this section
shall be counted as locally generated tax revenues for up to 50 percent
of the tax collected under RCW 35.58.273;
(c) For fiscal year 2002, revenues collected under this section
shall be counted as locally generated tax revenues for up to 75 percent
of the tax collected under RCW 35.58.273; and
(d) For fiscal year 2003 and thereafter, revenues collected under
this section shall be counted as locally generated tax revenues for up
to 100 percent of the tax collected under RCW 35.58.273
NEW SECTION. Sec. 52 A new section is added to chapter 43.09 RCW
to read as follows:
(1) Every four years, the state auditor shall conduct a performance
audit and evaluation of the regional transportation commission
established under section 4 of this act, including the commission's
financial transactions, personnel, equipment, facilities, and all other
aspects of the commission's operations.
(2) Every four years, the state auditor shall conduct a performance
audit and evaluation of the regional transit authority established
under chapter 81.112 RCW. The audit shall review, but not be limited
to, vehicle dispatch operating technology and management systems, fleet
maintenance and operations, route mapping, scheduling operating
systems, and financial and administrative practices. A benchmarking
performance audit shall be completed no later than ninety days after
the effective date of this section.
NEW SECTION. Sec. 53 A new section is added to chapter 36.57A
RCW to read as follows:
The governing body of an authority located wholly or partly within
the boundaries of a regional transit authority, as defined in RCW
81.112.020, shall be the regional transit authority or such other
entity determined by the regional transportation commission to
implement a regional transportation investment plan under this act.
NEW SECTION. Sec. 54 A new section is added to chapter 35.58 RCW
to read as follows:
The governing body of a metropolitan municipal corporation located
wholly or partly within the boundaries of a regional transit authority,
as defined in RCW 81.112.020, shall be the regional transit authority
or such other entity determined by the regional transportation
commission to implement a regional transportation investment plan under
this act.
NEW SECTION. Sec. 55 A new section is added to chapter 35.95 RCW
to read as follows:
The governing body of a municipally owned or leased and municipally
operated public transportation system located wholly or partly within
the boundaries of a regional transit authority, as defined in RCW
81.112.020, shall be the regional transit authority or such other
entity determined by the regional transportation commission to
implement a regional transportation investment plan under this act.
Sec. 56 RCW 47.06.130 and 2002 c 5 s 404 are each amended to read
as follows:
(1) The department may carry out special transportation planning
studies to resolve specific issues with the development of the state
transportation system or other statewide transportation issues.
(2) The department, jointly with the regional transportation
commission established in section 4 of this act, and with respect to
the analysis of any area within the regional transportation district
established in section 3 of this act, shall conduct multimodal corridor
analyses on major congested corridors where needed improvements are
likely to cost in excess of one hundred million dollars. Analysis will
include the cost-effectiveness of all feasible strategies in addressing
congestion or improving mobility within the corridor, and must
recommend the most effective strategy or mix of strategies to address
identified deficiencies. A long-term view of corridors must be
employed to determine whether an existing corridor should be expanded,
a city or county road should become a state route, and whether a new
corridor is needed to alleviate congestion and enhance mobility based
on travel demand. To the extent practicable, full costs of all
strategies must be reflected in the analysis. At a minimum, this
analysis must include:
(a) The current and projected future demand for total person trips
on that corridor;
(b) The impact of making no improvements to that corridor;
(c) The daily cost per added person served for each mode or
improvement proposed to meet demand;
(d) The cost per hour of travel time saved per day for each mode or
improvement proposed to meet demand; and
(e) How much of the current and anticipated future demand will be
met and left unmet for each mode or improvement proposed to meet
demand.
The end result of this analysis will be to provide a cost-benefit
analysis by which policymakers can determine the most cost-effective
improvement or mode, or mix of improvements and modes, for increasing
mobility and reducing congestion.
NEW SECTION. Sec. 57 This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended
or repealed or under any rule or order adopted under those sections,
nor does it affect any proceeding instituted under those sections.
NEW SECTION. Sec. 58 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. 59 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 60 Captions and part headings used in this act
are not part of the law.
NEW SECTION. Sec. 61 Sections 1 through 24 and 57 through 60 of
this act constitute a new chapter in Title
NEW SECTION. Sec. 62 The following acts or parts of acts are
each repealed:
(1) RCW 36.120.010 (Findings) and 2002 c 56 s 101;
(2) RCW 36.120.020 (Definitions) and 2002 c 56 s 102;
(3) RCW 36.120.030 (Planning committee formation) and 2002 c 56 s
103;
(4) RCW 36.120.040 (Planning committee duties) and 2003 c 194 s 1
& 2002 c 56 s 104;
(5) RCW 36.120.050 (Taxes, fees, and tolls) and 2003 c 350 s 4 &
2002 c 56 s 105;
(6) RCW 36.120.060 (Project selection -- Performance criteria) and
2002 c 56 s 106;
(7) RCW 36.120.070 (Submission of plan to the voters) and 2002 c 56
s 107;
(8) RCW 36.120.080 (Formation -- Certification) and 2002 c 56 s 108;
(9) RCW 36.120.090 (Governing board -- Composition) and 2002 c 56 s
109;
(10) RCW 36.120.100 (Governing board -- Organization) and 2002 c 56
s 110;
(11) RCW 36.120.110 (Governing board -- Powers and duties -- Intent)
and 2002 c 56 s 111;
(12) RCW 36.120.120 (Treasurer) and 2002 c 56 s 112;
(13) RCW 36.120.130 (Indebtedness -- Bonds -- Limitation) and 2003 c
372 s 1 & 2002 c 56 s 113;
(14) RCW 36.120.140 (Transportation project or plan modification--Accountability) and 2003 c 194 s 2 & 2002 c 56 s 114;
(15) RCW 36.120.150 (Department of transportation -- Role) and 2002
c 56 s 115;
(16) RCW 36.120.160 (Ownership of improvements) and 2002 c 56 s
116;
(17) RCW 36.120.170 (Dissolution of district) and 2002 c 56 s 117;
(18) RCW 36.120.180 (Findings -- Regional models -- Grants) and 2002 c
56 s 118;
(19) RCW 36.120.190 (Joint ballot measure) and 2002 c 56 s 201;
(20) RCW 36.120.200 (Regional transportation investment district
account) and 2002 c 56 s 401;
(21) RCW 36.120.900 (Captions and subheadings not law -- 2002 c 56)
and 2002 c 56 s 501;
(22) RCW 36.120.901 (Severability -- 2002 c 56) and 2002 c 56 s 503;
(23) RCW 82.80.110 (Motor vehicle and special fuel tax -- Dedication
by county to regional transportation investment district plan) and 2003
c 350 s 2; and
(24) RCW 82.80.120 (Motor vehicle and special fuel tax -- Regional
transportation investment district) and 2003 c 350 s 3.