CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE SENATE BILL 6091

Chapter 313, Laws of 2005

(partial veto)

59th Legislature
2005 Regular Session



TRANSPORTATION FUNDING



EFFECTIVE DATE: 5/09/05

Passed by the Senate April 24, 2005
  YEAS 32   NAYS 13

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 24, 2005
  YEAS 62   NAYS 36

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6091 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved May 9, 2005, with the exception of Sections 103(2), 205(1), 208(7), 209(7), 223(2), 305(1)(a) 305(1)(e), 305(11), 605 and 607, which are vetoed.





CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 9, 2005 - 12:01 p.m.







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE SENATE BILL 6091
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2005 Regular Session
State of Washington59th Legislature2005 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Haugen and Swecker; by request of Governor Gregoire)

READ FIRST TIME 04/05/05.   



     AN ACT Relating to transportation funding and appropriations; amending RCW 81.84.020; amending 2004 c 229 ss 101, 207, 208, 209, 210, 211, 212, 213, 215, 218, 219, 220, 222, 223, 224, 225, 401, 402, 404, and 405 (uncodified); amending 2003 c 360 ss 201 and 218 (uncodified); creating new sections; making appropriations and authorizing expenditures for capital improvements; and declaring an emergency.

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

2005-07 BIENNIUM

NEW SECTION.  Sec. 1   (1) The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2007.
     (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
     (a) "Fiscal year 2006" or "FY 2006" means the fiscal year ending June 30, 2006.
     (b) "Fiscal year 2007" or "FY 2007" means the fiscal year ending June 30, 2007.
     (c) "FTE" means full-time equivalent.
     (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.
     (e) "Provided solely" means the specified amount may be spent only for the specified purpose.
     (f) "Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.
     (g) "LEAP" means the legislative evaluation and accountability program committee.

GENERAL GOVERNMENT AGENCIES -- OPERATING

NEW SECTION.  Sec. 101   FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Grade Crossing Protective Account -- State Appropriation . . . . . . . . . . . . $501,000

     The appropriation in this section is subject to the following conditions and limitations: Per current law, funds will be transferred from the public service revolving fund's miscellaneous fees and penalties accounts to the grade crossing protection account--state as needed to implement the commission's railroad safety program.

NEW SECTION.  Sec. 102   FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account--State
     Appropriation . . . . . . . . . . . . $390,000

     The appropriation in this section is subject to the following conditions and limitations: To address its growing caseload, the marine employees commission shall develop a plan for prioritizing cases to schedule for hearings. The commission shall report back to the transportation committees of the legislature on its case prioritization plan by December 15, 2005.

     *NEW SECTION.  Sec. 103   FOR THE STATE PARKS AND RECREATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $976,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The entire appropriation in this section is provided solely for road maintenance purposes.
     (2) The commission shall conduct a study of existing requirements regarding all-terrain vehicle (ATV) operators and submit recommendations to the legislature concerning whether revisions to those requirements are warranted. The study and recommendations shall, at a minimum, include (a) the feasibility of requiring a comprehensive hands-on ATV safety education and training program for ATV operators; (b) ATV operator equipment requirements; and (c) ATV operating requirements, including the adoption of minimum age requirements corresponding to different engine capacities of ATVs. The commission shall consult with the department of licensing and other stakeholders when conducting the study and developing recommendations and shall submit a final report to the transportation committees of the legislature by December 1, 2005.
     *Sec. 103 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 104   FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $329,000

     The appropriation in this section is subject to the following conditions and limitations: $329,000 of the motor vehicle account--state appropriation is provided solely for costs associated with the motor fuel quality program.

NEW SECTION.  Sec. 105   FOR THE DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $200,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) If Second Substitute Senate Bill No. 5056 is not enacted by June 30, 2005, the entire appropriation shall lapse.
     (2) The entire appropriation is for additional staffing costs to be dedicated to state transportation activities. Furthermore, any staff hired to support transportation activities must have practical experience with complex construction projects.

GENERAL GOVERNMENT AGENCIES--CAPITAL

NEW SECTION.  Sec. 106   FOR WASHINGTON STATE PARKS AND RECREATION--CAPITAL PROJECTS
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,400,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $1,300,000 of the motor vehicle account--state appropriation is a one-time appropriation and is provided solely for the SR 14 interchange portion of the Beacon Rock state park entrance road project. Any portion of the appropriation not expended by June 30, 2007, shall revert to the motor vehicle account--state.
     (2) $100,000 of the appropriation is provided solely for road work on state route 20 at Deception Pass state park.

TRANSPORTATION AGENCIES -- OPERATING

NEW SECTION.  Sec. 201   FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $2,135,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $15,828,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,300,000
Bicycle and Pedestrian Safety Account--State
     Appropriation . . . . . . . . . . . . $40,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $21,303,000

     The appropriations in this section are subject to the following conditions and limitations: The Washington traffic safety commission shall contract with the Washington state institute for public policy to conduct a study of the impact of state programs concerning the reduction of DUI recidivism. The study must include, on a prioritized basis to the extent federal funds are made available for the study, the following components: (1) The state's existing deferred prosecution program; (2) the state's vehicle impound program; and (3) other states' programs that restrict a person's access to the vehicle, or suspend the vehicle license and registration, upon arrest or conviction.
     The completed study must be submitted to the appropriate legislative committees by December 1, 2006.

NEW SECTION.  Sec. 202   FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $821,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,942,000
County Arterial Preservation Account -- State Appropriation . . . . . . . . . . . . $777,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,540,000

NEW SECTION.  Sec. 203   FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $1,624,000
Transportation Improvement Account -- State Appropriation . . . . . . . . . . . . $1,625,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $3,249,000

NEW SECTION.  Sec. 204   FOR THE BOARD OF PILOTAGE COMMISSIONERS
Pilotage Account -- State Appropriation . . . . . . . . . . . . $417,000

     *NEW SECTION.  Sec. 205   FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,400,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The joint transportation committee shall conduct a review of state level governance of transportation, with a focus on the appropriate roles of the separate branches of government. The committee shall review the statutory duties, roles, and functions of the transportation commission and the department. In that review the committee shall determine which responsibilities may be transferred to the executive and which may be transferred to the legislature. By December 15, 2005, the joint transportation committee shall make its recommendations to the house of representatives and senate transportation committees. The joint transportation committee shall consult with affected agencies and other stakeholders in conducting its analysis. The committee may consult with and retain private professional and technical experts as necessary to ensure an independent review and analysis.
     (2) The joint transportation committee shall conduct a study regarding the feasibility of a statewide uniform motor vehicle excise tax (MVET) depreciation schedule. In addition to committee members, the participants in the study must include at a minimum the following individuals: (a) A representative of a regional transit authority (Sound Transit); (b) a representative of a regional transportation planning organization; (c) the secretary of transportation, or his or her designee; (d) a representative of the attorney general's office; (e) a representative of the department of licensing; and (f) a representative of the financial community. The purpose of the study is to develop an MVET depreciation schedule that more accurately reflects vehicle value but does not hinder outstanding contractual obligations.
     (3) Funds provided in this section are sufficient for the committee to administer a study of the most reliable and cost-effective means of providing passenger-only ferry service.
     (a) The study shall be guided by a 18 member task force consisting of the chairs and ranking members of the house of representatives and senate transportation committees, a designee of the director of the office of financial management, a member of the transportation commission, a designee of the secretary of transportation, a representative of organized labor, and ten stakeholders to be appointed by the governor as follows: Six representatives of ferry user communities, two representatives of public transportation agencies, and two representatives of commercial ferry operators.
     (b) The study shall examine issues including but not limited to the long-term viability of different service providers, cost to ferry passengers, the state subsidies required by each provider, and the availability of federal funding for the different service providers.
     (c) By November 30, 2005, the task force shall make its recommendations to the house of representatives and senate transportation committees.
     (4) $450,000 of the motor vehicle account--state appropriation is provided solely to administer a consultant study of the long-term viability of the state's transportation financing methods and sources.
     (a) At a minimum, the study must examine the following: (i) The short and long-term viability of the motor fuel tax (both state and federal) as a major source of funding for transportation projects and programs; (ii) the desirability and effectiveness of state-distributed transportation funds for the benefit of local units of government; (iii) the potential for alternative and/or emerging sources of transportation revenues, with particular emphasis on user-based fees and charges; and (iv) trends and implications of debt financing for transportation projects. The scope of work for the study may be expanded to include analysis of other financing issues relevant to the long-term viability of the state's transportation system.
     (b) The findings and recommendations must be submitted to the fiscal committees of the legislature by November 1, 2006.
     *Sec. 205 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 206   FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $4,607,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . $1,150,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $5,757,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $1,500,000 of the motor vehicle fund account--state appropriation is provided solely for a comprehensive tolling study. The transportation commission, with the technical assistance of the department, must conduct a study of the state's transportation system to determine the feasibility of administering tolls on specific transportation facilities or a network of facilities. This study shall serve as the statewide tolling feasibility study required in Engrossed Substitute House Bill No. 1541, and shall serve as the tolling study necessary to implement toll facilities within a regional transportation investment district or its successor entity.
     (a) The study must include an analysis of the only currently-authorized toll facility, the Tacoma Narrows bridge project. The study findings must include (i) the development of more uniform and equitable policies regarding the distribution of financial obligations imposed on those paying the tolls on the Tacoma Narrows bridge, and (ii) opportunities and options for reducing the outstanding indebtedness on the bridge project, including the possibility of buy-downs and other means of spreading the cost of the project more equitably.
     (b) The study element for the benefit of a regional transportation investment district or regional transportation improvement authority must also address the state highway system and other transportation facilities in King, Pierce, and Snohomish counties to determine the feasibility of value pricing on a facility or network of facilities. This study element should: (i) Determine the potential for value pricing to generate revenues for needed transportation facilities; (ii) maximize the efficient operation of facilities and the transportation network; and (iii) provide economic indicators for future system investments. This element of the study must take into account congestion levels, facility and corridor capacity, time of use, economic considerations, and other factors deemed appropriate. The study must recommend any additional laws, rules, procedures, resources, studies, reports, or support infrastructure necessary or desirable before proceeding with the review, evaluation, or implementation of any toll projects or a system-wide, value priced transportation structure.
     (c) The study must specifically analyze the potential for a toll facility on SR 704, the cross-base highway located in Pierce county.
     (2) $2,270,000 of the motor vehicle account--state appropriation is provided solely for the transportation performance audit board. Within this amount, the transportation performance audit board shall conduct a study and make recommendations to the legislature regarding the modification RCW 47.01.012, state transportation goals and benchmarks. In conducting the study, the board shall consider at a minimum: Original recommendations of the Blue Ribbon Commission on Transportation; the current policy goals and benchmark categories; the goals outlined in Substitute House Bill No. 1969; the recent work related to benchmarks completed by the transportation commission and the Washington state department of transportation; the measures review completed by TPAB; and best practices.
     The board shall submit study results, including any legislative recommendations, to the transportation committees of the legislature by January 1, 2006.
     (3) $1,150,000 of the multimodal account--state appropriation is provided solely for a statewide rail capacity and needs analysis. The purpose of this study is to (a) assess the rail freight and rail passenger infrastructure needs in this state; (b) review the current powers, authorities, and interests the state has in both passenger and freight rail; (c) recommend public policies for state participation and ownership in rail infrastructure and service delivery, including but not limited to planning and governance issues; and (d) develop a rail asset management plan. The commission shall report their findings and conclusions of the study to the transportation committees of the legislature by December 1, 2006.

NEW SECTION.  Sec. 207   FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $664,000

     *NEW SECTION.  Sec. 208   FOR THE WASHINGTON STATE PATROL -- FIELD OPERATIONS BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $202,530,000
State Patrol Highway Account -- Federal Appropriation . . . . . . . . . . . . $10,544,000
State Patrol Highway Account -- Private/Local Appropriation . . . . . . . . . . . . $169,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $213,243,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Washington state patrol officers engaged in off-duty uniformed employment providing traffic control services to the department of transportation or other state agencies may use state patrol vehicles for the purpose of that employment, subject to guidelines adopted by the chief of the Washington state patrol. The Washington state patrol shall be reimbursed for the use of the vehicle at the prevailing state employee rate for mileage and hours of usage, subject to guidelines developed by the chief of the Washington state patrol. The patrol shall report to the house of representatives and senate transportation committees by December 31, 2005, on the use of agency vehicles by officers engaging in the off-duty employment specified in this subsection. The report shall include an analysis that compares cost reimbursement and cost-impacts, including increased vehicle mileage, maintenance costs, and indirect impacts, associated with the private use of patrol vehicles.
     (2) In addition to the user fees, the patrol shall transfer into the state patrol nonappropriated airplane revolving account under RCW 43.79.470 no more than the amount of appropriated state patrol highway account and general fund funding necessary to cover the costs for the patrol's use of the aircraft. The state patrol highway account and general fund--state funds shall be transferred proportionately in accordance with a cost allocation that differentiates between highway traffic enforcement services and general policing purposes.
     (3) The patrol shall not account for or record locally provided DUI cost reimbursement payments as expenditure credits to the state patrol highway account. The patrol shall report the amount of expected locally provided DUI cost reimbursements to the transportation committees of the senate and house of representatives by December 31st of each year.
     (4) The state patrol highway account--state appropriation for DUI reimbursements shall only be spent for pursuit vehicle video cameras, datamaster DUI testing equipment, tire deflator equipment, and taser guns. The Washington state patrol prior to the issuance of any taser guns will train the troopers on using the equipment. The agency will provide a report to the transportation committees of the senate and house of representatives by December 31st of each year on the occurrences where the taser guns were utilized along with any issues that have been identified.
     (5) $29,000 of the state patrol highway account--state appropriation is provided solely for the implementation of House Bill No. 1469. If House Bill No. 1469 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
     (6) $5,580,000 of the total appropriation is provided solely for a 3.8% salary increase for commissioned officers effective July 1, 2005, in addition to any other salary increases provided for in this act.
     (7) A maximum of $9,855,000 of the total appropriation is provided for ferry security-related activities. The patrol shall explore alternatives for providing ferry security, including, but not limited to, using cadets whenever possible and contracting with local law enforcement agencies.
     (8) The Washington state patrol is authorized to use certificates of participation to fund the King Air aircraft replacement over a term of not more than ten years and an amount not to exceed $1,900,000.
     *Sec. 208 was partially vetoed. See message at end of chapter.

     *NEW SECTION.  Sec. 209   FOR THE WASHINGTON STATE PATROL -- TECHNICAL SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $82,748,000
State Patrol Highway Account -- Private/Local
     Appropriation . . . . . . . . . . . . $2,008,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $84,756,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $247,000 of the state patrol highway account--state appropriation is provided solely for the implementation of Second Substitute House Bill No. 1188. If Second Substitute House Bill No. 1188 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
     (2) The Washington state patrol is instructed to work with the risk management division in the office of financial management in compiling the state patrol data for establishing the agency's risk management insurance premiums to the tort claims account. The office of financial management and the Washington state patrol shall submit a report to the transportation committees of the senate and house of representatives by December 31st of each year on the number of claims, estimated claims to be paid, method of calculation, and the adjustment in the premium.
     (3) $6,228,000 of the total appropriation is provided solely for automobile fuel in the 2005-2007 biennium.
     (4) $8,678,000 of the total appropriation is provided solely for the purchase of pursuit vehicles.
     (5) $5,254,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.
     (6) $384,000 of the total appropriation is provided solely for the purchase of mission vehicles used for highway purposes in the commercial vehicle and traffic investigation sections of the patrol.
     (7) A maximum of $412,000 of the total appropriation is provided for ferry security-related activities.
     *Sec. 209 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 210   FOR THE DEPARTMENT OF LICENSING -- MANAGEMENT AND SUPPORT SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $3,000
Motorcycle Safety Education Account -- State Appropriation . . . . . . . . . . . . $96,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $82,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $11,418,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $7,043,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . $88,000
Biometric Security Account -- State Appropriation . . . . . . . . . . . . $57,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $18,787,000

     The appropriations in this section are subject to the following conditions and limitations: $1,134,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 211   FOR THE DEPARTMENT OF LICENSING -- INFORMATION SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $2,000
Motorcycle Safety Education Account -- State Appropriation . . . . . . . . . . . . $35,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $102,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $20,698,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $12,095,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $500,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . $7,825,000
Biometric Security Account -- State Appropriation . . . . . . . . . . . . $728,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $41,985,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department shall submit a report to the transportation committees of the legislature, detailing the progress made in transitioning from the HP3000 system, by December 30, 2005, and each December 1st thereafter until the project is fully completed.
     (2) $357,000 of the motor vehicle account--state appropriation is provided solely for the implementation of all special license plate bills introduced during the 2005 legislative session and approved by the special license plate review board. The amount provided in this subsection shall be reduced accordingly for any of those bills that are not enacted by June 30, 2005.
     (3) $58,000 of the state wildlife account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5423. If Substitute Senate Bill No. 5423 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
     (4) $145,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 212   FOR THE DEPARTMENT OF LICENSING -- VEHICLE SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $26,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $626,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $49,894,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $872,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . $1,146,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $404,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $52,968,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $247,000 of the motor vehicle account--state appropriation is provided solely for the implementation of all special license plate bills introduced during the 2005 legislative session and approved by the special license plate review board. The amount provided in this subsection shall be reduced accordingly for any of those bills that are not enacted by June 30, 2005.
     (2) $11,000 of the wildlife account--state appropriation is provided solely for the implementation of Engrossed Senate Bill No. 5423. If Engrossed Senate Bill No. 5423 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
     (3) $404,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 6103. If Engrossed Substitute Senate Bill No. 6103 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 213   FOR THE DEPARTMENT OF LICENSING -- DRIVER SERVICES
Motorcycle Safety Education Account -- State
     Appropriation . . . . . . . . . . . . $3,005,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $85,051,000
Highway Safety Account--Federal Appropriation . . . . . . . . . . . . $8,000
Biometric Security Account -- State Appropriation . . . . . . . . . . . . $1,523,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $89,587,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $970,000 of the highway safety account--state appropriation is provided solely for the commercial driver license program. The department shall informally report to the transportation committees of the legislature on the progress made in addressing federal audit findings and in implementing the federal motor carrier safety improvement act. Reports shall be made by the following dates: November 1, 2005, and each November 1st thereafter.
     (2) $412,000 of the motorcycle safety and education account--state appropriation is provided solely for the department's motorcycle safety program. The department shall informally report to the transportation committees of the legislature detailing the progress made in implementing national highway traffic safety assessment guidelines. Reports shall be made by the following dates: November 1, 2005, and each November 1st thereafter.
     (3) The department of licensing, in consultation with the department of transportation and other stakeholders, shall draft legislation to bring the state into compliance with any federal legislation or rules enacted relative to identification necessary for persons crossing international borders. The department shall report to the transportation committees of the legislature by December 1, 2005, on the recommended legislation for bringing the state into compliance with federal requirements.

NEW SECTION.  Sec. 214   FOR THE DEPARTMENT OF TRANSPORTATION--TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
Tacoma Narrows Toll Bridge Account -- State Appropriation . . . . . . . . . . . . $8,615,000

NEW SECTION.  Sec. 215   FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $55,941,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $1,973,000
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . $8,558,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $363,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $66,835,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $850,000 of the motor vehicle account--state appropriation is provided for the continued maintenance and support of the transportation executive information system (TEIS). The TEIS shall be enhanced during the 2005 legislative interim to shift towards a monitoring and reporting system capable of tracking and reporting on major project milestones and measurements. The department shall work with the legislature to identify and define meaningful milestones and measures to be used in monitoring the scope, schedule, and cost of projects.
     (2) $350,000 of the motor vehicle account--state appropriation is provided solely for a financial and capital project system needs assessment for future automation development and enhancements. The completed assessment will identify options which shall be presented to the transportation committees of the senate and the house of representatives by December 31, 2005.

NEW SECTION.  Sec. 216   FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $33,499,000

NEW SECTION.  Sec. 217   FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . $5,632,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
Aircraft Search and Rescue Safety and
      Education Account -- State Appropriation . . . . . . . . . . . . $262,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $100,000
Multimodal Transportation Account -- Federal Appropriation . . . . . . . . . . . . $900,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $9,044,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1)(a) $433,000 of the aeronautics account--state appropriation is provided solely for airport pavement projects. The department's aviation division shall complete a priority airport pavement project list by January 1, 2006, to be considered by the legislature in the 2006 supplemental budget. If Substitute Senate Bill No. 5414 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
     (b) The entire aircraft search and rescue safety and education account appropriation shall lapse if Substitute Senate Bill No. 5414 is enacted by June 30, 2005.
     (c) If Substitute Senate Bill No. 5414 is enacted by July 1, 2005, then the remaining unexpended fund balance in the aircraft search and rescue, safety, and education account shall be deposited into the state aeronautics account.
     (2) The entire multimodal transportation account--state and federal appropriations are provided solely for implementing Engrossed Substitute Senate Bill No. 5121. If Engrossed Substitute Senate Bill No. 5121 is not enacted by June 30, 2005, or if federal funds are not received by March 1, 2006, for the purpose of implementing Engrossed Substitute Senate Bill No. 5121, the amount provided in this subsection shall lapse.

NEW SECTION.  Sec. 218   FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $48,961,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Account -- State Appropriation . . . . . . . . . . . . $250,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $49,711,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $300,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely for the purposes of providing contract services to the association of Washington cities and Washington state association of counties for (a) activities of the transportation permit efficiency and accountability committee, including pilot mitigation banking activities, and (b) other permit delivery efforts.
     (2) $1,475,000 of the motor vehicle account--state appropriation is provided solely for the staffing activities of the transportation permit efficiency and accountability committee.

NEW SECTION.  Sec.219   FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,068,000

NEW SECTION.  Sec. 220   FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $296,648,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $1,426,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $4,315,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $302,389,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, and major slides, supplemental appropriations must be requested to restore state funding for ongoing maintenance activities.
     (2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account -- state into unallotted status. This exchange shall not affect the amount of funding available for snow and ice removal.
     (3) The department shall request an unanticipated receipt for any private or local funds received for reimbursements of third party damages that are in excess of the motor vehicle account -- private/local appropriation.
     (4) Funding is provided for maintenance on the state system to allow for a continuation of the level of service targets included in the 2003-05 biennium. In delivering the program, the department should concentrate on the following areas:
     (a) Meeting or exceeding the target for structural bridge repair on a statewide basis;
     (b) Eliminating the number of activities delivered in the "f" level of service at the region level;
     (c) Reducing the number of activities delivered in the "d" level of service by increasing the resources directed to those activities on a statewide and region basis; and
     (d) Evaluating, analyzing, and potentially redistributing resources within and among regions to provide greater consistency in delivering the program statewide and in achieving overall level of service targets.
     (5) The department shall develop and implement a plan to improve work zone safety on a statewide basis. As part of the strategy included in the plan, the department shall fund equipment purchases using a portion of the money from the annual OTEF equipment purchasing and replacement process. The department shall also identify and evaluate statewide equipment needs (such as work zone safety equipment) and prioritize any such needs on a statewide basis. Substitute purchasing at the statewide level, when appropriate, shall be utilized to meet those identified needs. The department must report to the transportation committees of the legislature by December 1, 2005, on the plan, and by December 1, 2006, on the status of implementing the plan.

NEW SECTION.  Sec. 221   FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $42,811,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $128,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $44,989,000

     The appropriations in this section are subject to the following conditions and limitations: $4,400,000 of the motor vehicle account--state appropriation is provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. The department shall prioritize low-cost enhancement projects on a statewide rather than regional basis.

NEW SECTION.  Sec. 222   FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $25,434,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . $1,321,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $973,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $27,758,000

     *NEW SECTION.  Sec. 223   FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $22,390,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $16,756,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $2,267,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . $2,829,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $100,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . $6,000,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $50,342,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) In order to qualify for state planning funds available to regional transportation planning organizations under this section, a regional transportation planning organization containing any county with a population in excess of one million shall provide voting membership on its executive board to any incorporated principal city of a metropolitan statistical area within the region, as designated by the United States census bureau, and to any incorporated city within the region with a population in excess of eighty thousand as of July 1, 2005. Additionally, a regional transportation planning organization described under this subsection shall conduct a review of its executive board membership criteria to ensure that the criteria appropriately reflects a true and comprehensive representation of the organization's jurisdictions of significance within the region.
     (2) $900,000 of the multimodal transportation account--state appropriation and $4,000,000 of the transportation partnership account--state appropriation are provided solely for implementing Engrossed Substitute House Bill No. 2157 or Senate Bill No. 6089. This amount is not intended to fund a tolling feasibility study provided for in that legislation, since that funding is provided through appropriation to the transportation commission. If neither Engrossed Substitute House Bill No. 2157 or Senate Bill No. 6089 is enacted by June 30, 2005, the amount provided in this subsection shall lapse. None of this appropriation may be used for election expenses for an election held before January 1, 2006.
     (3) $2,000,000 of the transportation partnership account--state appropriation is provided solely for the costs of the regional transportation investment district (RTID) election and department of transportation project oversight. These funds are provided as a loan to the RTID and shall be repaid to the state motor vehicle account within one year following the certification of the election results related to the RTID. If either Engrossed Substitute House Bill No. 2157 or Senate Bill No. 6089 are enacted by June 30, 2005, the amount provided in this subsection shall lapse. None of this appropriation may be used for election expenses for an election held before January 1, 2006.
     (4) $175,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department to support the processing and analysis of the backlog of city and county collision reports by January 2006. The amount provided in this subsection shall lapse if federal funds become available for this purpose.
     (5) $150,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1565. If Engrossed Second Substitute House Bill No. 1565 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
     (6) The department of transportation shall evaluate the number of spaces available for long-haul truck parking relative to current and projected future needs. The department of transportation shall also explore options for augmenting the number of spaces available, including, but not limited to, expanding state-owned rest areas or modifying regulations governing the use of these facilities, utilizing weigh stations and park and ride lots, and encouraging the expansion of the private sector's role. Finally, the department shall explore the utility of coordinating with neighboring states on long-haul truck parking and evaluate methodologies for alleviating any air quality issues relative to the issue. The department must report to the transportation committees of the legislature by December 1, 2005, on the options, strategies, and recommendations for long-haul truck parking.
     (7) $50,000 of the multimodal transportation account--state appropriation is provided solely for evaluating high-speed passenger transportation facilities and services, including rail or magnetic levitation transportation systems, to connect airports as a means to more efficiently utilize airport capacity, as well as connect major population and activity centers. This evaluation shall be coordinated with the airport capacity and facilities market analysis conducted pursuant to Engrossed Substitute Senate Bill No. 5121 and results of the evaluation shall be submitted by July 1, 2007. If Engrossed Substitute Senate Bill No. 5121 is not enacted by June 30, 2005, or if federal funds are not received by March 1, 2006, for the purpose of implementing Engrossed Substitute Senate Bill No. 5121, the amount provided in this subsection shall lapse.
     *Sec. 223 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 224   FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $45,030,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $45,430,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $31,749,000 of the motor vehicle fund--state appropriation is provided solely for the liabilities attributable to the department of transportation. The office of financial management must provide a detailed accounting of the revenues and expenditures of the self-insurance fund to the transportation committees of the legislature on December 31st and June 30th of each year.
     (2) Payments in this section represent charges from other state agencies to the department of transportation.
     (a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT
DIVISION OF RISK MANAGEMENT FEES . . . . . . . . . . . . $1,667,000
     (b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE
AUDITOR . . . . . . . . . . . . $1,017,000
     (c) FOR PAYMENT OF COSTS OF DEPARTMENT OF GENERAL
ADMINISTRATION FACILITIES AND SERVICES AND CONSOLIDATED
MAIL SERVICES . . . . . . . . . . . . $4,049,000
     (d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
PERSONNEL . . . . . . . . . . . . $3,572,000
     (e) FOR PAYMENT OF SELF-INSURANCE LIABILITY
PREMIUMS AND ADMINISTRATION . . . . . . . . . . . . $31,749,000
     (f) FOR PAYMENT OF THE DEPARTMENT OF GENERAL
ADMINISTRATION CAPITAL PROJECTS SURCHARGE . . . . . . . . . . . . $1,717,000
     (g) FOR ARCHIVES AND RECORDS MANAGEMENT . . . . . . . . . . . . $545,000
     (h) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS
ENTERPRISES . . . . . . . . . . . . $1,114,000

NEW SECTION.  Sec. 225   FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $62,269,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . $2,603,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $155,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $65,027,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $25,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.
     (a) $5,500,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers shall be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.
     (b) $19,500,000 of the amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies shall be prorated based on the amount expended for demand response service and route deviated service in calendar year 2003 as reported in the "Summary of Public Transportation - 2003" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions. The first $450,000 provided to King county shall be used as follows:
     (i) $320,000 shall be used to provide electric buses, instead of diesel buses, for service on Capital Hill in Seattle, Washington through June 30, 2007;
     (ii) $130,000 shall be used to provide training for blind individuals traveling through Rainier Valley and the greater Seattle area. The training is to include destination training and retraining due to the expected closure of the downtown bus tunnel and training on how to use the Sound Transit light rail system.
     (2) Funds are provided for the rural mobility grant program as follows:
     (a) $7,000,000 of the multimodal transportation account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the Summary of Public Transportation - 2003 published by the department of transportation. Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.
     (b) $7,000,000 of the multimodal transportation account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.
     (3) $5,000,000 of the multimodal transportation account--state appropriation is provided solely for a vanpool grant program for: (a) Public transit agencies to add vanpools; and (b) incentives for employers to increase employee vanpool use. The grant program for public transit agencies will cover capital costs only; no operating costs for public transit agencies are eligible for funding under this grant program. No additional employees may be hired from the funds provided in this section for the vanpool grant program, and supplanting of transit funds currently funding vanpools is not allowed. Additional criteria for selecting grants must include leveraging funds other than state funds.
     (4) $3,000,000 of the multimodal transportation account--state appropriation is provided solely for the city of Seattle for the Seattle streetcar project on South Lake Union. Should the city receive any state funds for this purpose during the 2003-05 or 2005-07 biennium, the amount provided in this subsection must be reduced accordingly.
     (5) $1,200,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of Engrossed Substitute House Bill No. 2124. If Engrossed Substitute House Bill No. 2124 is not enacted by June 30, 2005, the amount provided in this subsection shall lapse.
     (6) Pursuant to the grant program established in Engrossed Substitute House Bill No. 2124, the department shall issue a call for projects and/or service proposals. Applications must be received by the department by November 1, 2005, and November 1, 2006. The department must submit a prioritized list for funding to the transportation committees of the legislature that reflects the department's recommendation, as well as, a list of all project or service proposals received.
     (7) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for new tri-county connection service for Island, Skagit, and Whatcom transit agencies.
     (8) $2,000,000 of the multimodal transportation account--state appropriation is provided solely to King county as a state match to obtain federal funding for a car sharing program for persons meeting certain income or employment criteria.

NEW SECTION.  Sec. 226   FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . $350,454,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $3,660,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $354,114,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $57,928,000 of the total appropriation is provided solely for auto ferry vessel operating fuel in the 2005-2007 biennium.
     (2) The total appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 2005-2007 biennium may not exceed $222,356,000, plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $584.58 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2006 and $584.58 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2007, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2005-2007 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
     (3) $1,116,000 of the Puget Sound ferry operations account--state appropriation is provided solely for ferry security operations necessary to comply with the ferry security plan submitted by the Washington state ferry system to the United States coast guard. The department shall track security costs and expenditures. Ferry security operations costs shall not be included as part of the operational costs that are used to calculate farebox recovery.
     (4) The Washington state ferries must work with the department's information technology division to implement an electronic fare system, including the integration of the regional fare coordination system (smart card). Each December and June, semi-annual updates must be provided to the transportation committees of the legislature concerning the status of implementing and completing this project, with updates concluding the first December after full project implementation.
     (5) The Washington state ferries shall continue to provide service to Sidney, British Columbia.
     (6) $3,660,000 of the multimodal transportation account--state appropriation is provided solely to provide passenger-only ferry service. The ferry system shall continue passenger-only ferry service from Vashon Island to Seattle through June 30, 2007. Beginning September 1, 2005, ferry system management shall implement its agreement with the Inlandboatmen's Union of the Pacific and the International Organization of Masters, Mates and Pilots providing for part-time passenger-only work schedules. Funds may not be spent to implement the results of the passenger-only ferry study conducted by the joint transportation committee provided in section 205 of this act until approved by the legislature.

NEW SECTION.  Sec. 227   FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- OPERATING
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $36,420,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $29,091,000 of the multimodal transportation account -- state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining the state-supported passenger rail service.
     (2) $2,750,000 of the multimodal transportation account--state appropriation is provided solely for a new round trip rail service between Seattle and Portland beginning July 1, 2006.
     (3) No AMTRAK Cascade runs may be eliminated.
     (4) $200,000 of the multimodal transportation account--state appropriation is provided solely for the produce railcar program. The department is encouraged to implement the produce railcar program by maximizing private investment.

NEW SECTION.  Sec. 228   FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $7,947,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,597,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $211,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $10,755,000

     The appropriations in this section are subject to the following conditions and limitations: $211,000 of the motor vehicle account--state appropriation and $211,000 of the multimodal transportation account--state appropriation are provided solely for the state's contribution to county and city studies of flood hazards in association with interstate highways. First priority shall be given to threats along the I-5 corridor.

TRANSPORTATION AGENCIES--CAPITAL

NEW SECTION.  Sec. 301   FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $2,801,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $1,535,000 of the appropriation is provided solely for the Shelton training academy domestic water and wastewater treatment project.
     (2) $1,266,000 of the appropriation is provided solely for minor works projects.
     (3) The Washington state patrol, through the director of fire protection, shall study and make recommendations to the legislature regarding the need for improvements and additions to the state fire training academy located at North Bend. The patrol may include in its recommendations information regarding capital improvements, additional staffing and salary requirements, and technology improvements. The study and recommendations shall be submitted to the legislature by December 1, 2005.

NEW SECTION.  Sec. 302   FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $67,933,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $355,000
County Arterial Preservation Account -- State
     Appropriation . . . . . . . . . . . . $30,392,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $98,680,000

     The appropriations in this section are subject to the following conditions and limitations: $355,000 of the motor vehicle account -- state appropriation is provided for county ferries as set forth in RCW 47.56.725(4).

NEW SECTION.  Sec. 303   FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $99,425,000
Small City Preservation and Sidewalk
     Account -- State Appropriation . . . . . . . . . . . . $2,000,000
Transportation Improvement Account -- State
     Appropriation . . . . . . . . . . . . $103,601,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $205,026,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The transportation improvement account -- state appropriation includes $14,143,000 in proceeds from the sale of bonds authorized in RCW 47.26.500. The transportation improvement board may authorize the use of current revenues available to the agency in lieu of bond proceeds for any part of the state appropriation.
     (2) $2,000,000 of the small city preservation and sidewalk account--state appropriation is provided to fund the provisions of chapter 83, Laws of 2005 (Substitute Senate Bill No. 5775).

NEW SECTION.  Sec. 304   FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,492,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $601,000 of the motor vehicle account--state appropriation is provided solely for the statewide administration.
     (2) $632,000 of the motor vehicle account--state appropriation is provided solely for regional minor projects.
     (3) $224,000 of the motor vehicle account--state appropriation is provided solely for designing the replacement of the existing outdated maintenance facility in Ephrata.
     (4) $219,000 of the motor vehicle account--state appropriation is provided solely for the designing of the northwest regional maintenance complex in Seattle.
     (5) $833,000 of the motor vehicle account--state appropriation is provided solely for the Olympic region headquarters project.
     (a) The department of transportation is authorized to use certificates of participation for the financing of the Olympic region project in the amount of $34,874,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW.
     (b) The Washington state department of transportation may utilize the design-build process in accordance with chapter 39.10 RCW for the Olympic region project. If the design-build process is used, it may be developed in partnership with the department of general administration.

     *NEW SECTION.  Sec. 305   FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Transportation 2003 Account (Nickel Account) -- State
     Appropriation . . . . . . . . . . . . $1,175,004,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $70,359,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $229,036,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $33,893,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $3,419,000
Tacoma Narrows Toll Bridge Account Appropriation . . . . . . . . . . . . $272,329,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . $519,786,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $2,303,826,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Highway Improvement Program (I) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
     (a) Within the amount provided in this subsection, $500,000 of the transportation 2003 account (nickel account) appropriation is provided for right-of-way acquisition for the SR 502 widening from Battleground to I-5. The department must develop a right-of-way acquisition plan in conjunction with the city of Battleground that conforms with the city's comprehensive growth management plan. No funds may be expended on this project until the city of Battleground and the department of transportation have reached an agreement on the right-of-way acquisition plan.
     (b) Within the amounts provided in this subsection, $5,000,000 of the transportation partnership account--state appropriation is provided solely for project 109040S: I-90/Seattle to Mercer Island – Two way transit/HOV. Expenditure of these funds is contingent upon the development of an access plan that provides equitable and dependable access for I-90 Mercer Island exit and entry.
     (c) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is provided solely for a west Olympia access study, to complete an access study for state route 101/west Olympia.
     (d) Within the amounts provided in this subsection, $800,000 of the transportation partnership account--state appropriation is provided solely for an SR 534 access point decision report.
     (e) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is provided solely for an eastern Washington freight corridor study, to evaluate the development of a freight corridor from Osoyoos, Canada to Mesa, Franklin county.
     (f) Within the amounts provided within this subsection, $435,000,000 of the transportation partnership account--state appropriation is provided solely for project 509009B: I-90 Snoqualmie Pass East - Hyak to Keechelus dam. However, if the preferred alternative selected for this project results in a lower total project cost, the remaining funds may be used for concrete rehabilitation on I-90 in the vicinity of this project.
     (2) The motor vehicle account--state appropriation includes $53,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (3) The department shall not commence construction on any part of the SR 520 bridge project until agreements have been reached with the incorporated towns or cities that represent the communities affected by the SR 520 project. The agreements must provide reasonable assurance that no further degradation will occur to the citizens' current use and enjoyment of their properties as a result of repairs and improvements made to the SR 520 bridge and its connecting roadways. Such assurances may be achieved through engineering design choices, mitigation measures, or a combination of both.
     (4) The transportation partnership account--state appropriation includes $400,000,000 in proceeds from the sale of bonds authorized by Substitute House Bill No. 2311 (or the version as enacted into law). The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (5) The Tacoma Narrows toll bridge account--state appropriation includes $257,016,000 in proceeds from the sale of bonds authorized by RCW 47.10.843. The Tacoma Narrows toll bridge account--state appropriation includes $15,313,000 in unexpended proceeds from the January 2003 bond sale authorized in RCW 47.10.843 for the Tacoma Narrows bridge project.
     (6) The transportation 2003 account (nickel account)--state appropriation includes $940,000,000 in proceeds from the sale of bonds authorized by chapter 147, Laws of 2003. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (7) To manage some projects more efficiently, federal funds may be transferred from program Z to program I and replaced with state funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.
     (8) The department shall, on a quarterly basis beginning July 1, 2005, provide to the legislature reports providing the status on each project in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. The department shall work with the transportation committees of the legislature to agree on report formatting and elements. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).
     (9) The department of transportation shall conduct an analysis of the causes of traffic congestion on I-5 in the vicinity of Fort Lewis and develop recommendations for alleviating the congestion. The department must report to the transportation committees of the legislature by December 1, 2005, on its analysis and recommendations regarding traffic congestion on I-5 in the vicinity of Fort Lewis.
     (10) The department of transportation is authorized to proceed with the SR 519 Intermodal Access project if the city of Seattle has not agreed to a project configuration or design by July 1, 2006.
     (11) The department of transportation shall remove any median barriers on South Kent Des Moines Road between I-5 and Pacific Highway that prevent vehicles from making a left turn across the roadway.
     (12) $13,000,000 of the transportation 2003 account (nickel account)--state appropriation and $5,000,000 of the transportation partnership account--state appropriation are provided solely for construction of a new interchange on SR 522 to provide direct access to the University of Washington Bothell/Cascadia community college joint campus. This appropriation assumes an additional $8,000,000 will be provided in the 2007-09 biennium from the transportation partnership account.
     *Sec. 305 was partially vetoed. See message at end of chapter.

NEW SECTION.  Sec. 306   FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation 2003 Account (Nickel Account) -- State
     Appropriation . . . . . . . . . . . . $10,622,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $76,824,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $404,360,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $6,656,000
Puyallup Tribal Settlement Account--State
     Appropriation . . . . . . . . . . . . $11,000,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . $139,533,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $648,995,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The entire transportation 2003 account (nickel account) appropriation and the entire transportation partnership account appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Highway Preservation Program (P) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
     (a) Within the amounts provided in this subsection, $139,033,000 of the transportation partnership account--state appropriation is provided solely for implementation of structures preservation (P2) projects.
     (b) Within the amounts provided in this subsection, $500,000 of the transportation partnership account--state appropriation is provided solely for implementation of other facilities (P3) projects.
     (2) $11,000,000 of the Puyallup tribal settlement account--state appropriation is provided solely for mitigation costs associated with the Murray Morgan/11st Street Bridge demolition. The department may negotiate with the city of Tacoma for the purpose of transferring ownership of the Murray Morgan/11th Street Bridge to the city. The department may use the Puyallup tribal settlement account appropriation, as well as any funds appropriated in the current biennium and planned in future biennia for the demolition and mitigation for the demolition of the bridge to rehabilitate or replace the bridge, if agreed to by the city. In no event shall the department's participation exceed $26,500,000 and no funds may be expended unless the city of Tacoma agrees to take ownership of the bridge in its entirety and provide that the payment of these funds extinguishes any real or implied agreements regarding future expenditures on the bridge.
     (3) $11,590,000 of the motor vehicle account--state appropriation, $95,299,000 of the motor vehicle account--federal appropriation, and $113,591,000 of the transportation partnership account--state appropriation are provided solely for the Hood Canal bridge project.
     (4) The motor vehicle account--state appropriation includes $530,000 in proceeds from the sale of bonds authorized in RCW 47.10.761 and 47.10.762 for emergency purposes.
     (5) The department of transportation shall continue to implement the lowest life cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds. Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.
     (6) To manage some projects more efficiently, federal funds may be transferred from program Z to program P and replaced with state funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department shall not transfer funds as authorized under this subsection without approval of the transportation commission and the director of financial management. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.
     (7) The department shall, on a quarterly basis beginning July 1, 2005, provide to the legislature reports providing the status on each project in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. The department shall work with the transportation committees of the legislature to agree on report formatting and elements. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).

NEW SECTION.  Sec. 307   FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $17,519,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $15,068,000
Motor Vehicle Account--Local Appropriation . . . . . . . . . . . . $108,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $32,695,000

     The appropriations in this section are subject to the following conditions and limitations: The motor vehicle account--state appropriation includes $11,255,000 for state matching funds for federally selected competitive grant or congressional earmark projects other than the commercial vehicle information systems and network. These moneys shall be placed into reserve status until such time as federal funds are secured that require a state match.

NEW SECTION.  Sec. 308   FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
     Appropriation . . . . . . . . . . . . $153,184,000
Puget Sound Capital Construction Account -- Federal
     Appropriation . . . . . . . . . . . . $59,967,000
Puget Sound Capital Construction Account--Private/Local
     Appropriation . . . . . . . . . . . . $26,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $13,249,000
Transportation 2003 Account (Nickel Account) -- State
     Appropriation . . . . . . . . . . . . $34,987,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $261,413,000

     The appropriations in this section are provided for improving the Washington state ferry system, including, but not limited to, vessel construction, major and minor vessel preservation, and terminal preservation, construction, and improvements. The appropriations in this section are subject to the following conditions and limitations:
     (1) The Puget Sound capital construction account -- state appropriation includes $72,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead time materials acquisition for the Washington state ferries. The transportation commission may authorize the use of current revenues available to the motor vehicle account in lieu of bond proceeds for any part of the state appropriation.
     (2) The multimodal transportation account--state appropriation includes $10,249,000 in proceeds from the sale of bonds authorized by RCW 47.10.867. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds from any part of the state appropriation.
     (3) $15,617,000 of the Puget Sound capital construction account--state appropriation is provided solely for the Eagle Harbor Terminal Preservation project.
     (4) The entire transportation 2003 account (nickel account) appropriation and $10,249,000 of the multimodal transportation account--state appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Ferries Construction Program (W) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
     (5) The department shall, on a quarterly basis beginning July 1, 2005, provide to the legislature reports providing the status on each project in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. Elements shall include, but not be limited to, project scope, schedule, and costs. The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).
     (6) $3,000,000 of the multimodal transportation account--state appropriation is provided solely to implement approved recommendations of the stakeholder task force convened to study the most reliable and cost-effective means of providing passenger-only ferry service. The funds provided in this subsection shall be placed in reserve by the office of financial management. The funds may not be released until approved by the legislature.

NEW SECTION.  Sec. 309   FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account -- State Appropriation . . . . . . . . . . . . $250,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $67,158,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $8,287,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . $11,966,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $88,161,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The multimodal transportation account -- state appropriation includes $33,435,000 in proceeds from the sale of bonds and $830,000 in unexpended bond proceeds authorized by RCW 47.10.867. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (2) If federal block grant funding for freight or passenger rail is received, the department shall consult with the transportation committees of the legislature prior to spending the funds on additional projects.
     (3)(a) $67,158,000 of the multimodal transportation account--state appropriation, $11,966,000 of the multimodal transportation account--federal appropriation, $8,287,000 of the multimodal transportation account--local appropriation, and $250,000 of the essential rail assistance account are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-2, Rail Capital Program (Y) as developed April 23, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
     (b) Within the amounts provided in this subsection, $6,500,000 of the multimodal transportation account--state appropriation is provided solely for the two commuter rail projects listed in the LEAP Transportation Document 2005-6, Rail Capital Program (Y) as developed April 24, 2005.
     (4) If the department issues a call for projects, applications must be received by the department by November 1, 2005, and November 1, 2006.
     (5) $50,000 of the multimodal transportation account--state appropriation is provided solely for a study of eastern Skagit county freight rail. The study shall examine the feasibility of restoring portions of freight rail line to the towns of Lyman, Hamilton, and Concrete. The study must also identify existing and potential industrial sites available for development and redevelopment, and the freight rail service needs of the identified industrial sites.

NEW SECTION.  Sec. 310   FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal Appropriation . . . . . . . . . . . . $1,602,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $18,221,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $6,702,000
Freight Mobility Investment Account -- State
     Appropriation . . . . . . . . . . . . $12,000,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $36,002,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $74,734,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) To manage some projects more efficiently, federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match. Fund transfers authorized under this subsection shall not affect project prioritization status. Appropriations shall initially be allotted as appropriated in this act. The department may not transfer funds as authorized under this subsection without approval of the transportation commission. The department shall submit a report on those projects receiving fund transfers to the transportation committees of the senate and house of representatives by December 1, 2006.
     (2) The department shall, on a quarterly basis, provide status reports to the legislature on the delivery of projects as outlined in the project lists distributed with this act, and on any additional projects for which the department has expended funds during the 2005-07 fiscal biennium. The department shall work with the transportation committees of the legislature to agree on report formatting and elements. For projects funded by new revenue in the 2003 and 2005 transportation packages, reporting elements shall include, but not be limited to, project scope, schedule, and costs. Other projects may be reported on a programmatic basis. The department shall also provide the information required under this subsection via the transportation executive information system (TEIS).
     (3) The multimodal transportation account -- state appropriation includes $6,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.867. The transportation commission may authorize the use of current revenues available to the department of transportation in lieu of bond proceeds for any part of the state appropriation.
     (4) $3,545,000 of the multimodal transportation account--state appropriation is reappropriated and provided solely to fund the multiphase cooperative project with the state of Oregon to dredge the Columbia River. The amount provided in this subsection shall lapse unless the state of Oregon appropriates a dollar-for-dollar match to fund its share of the project.
     (5) $274,000 of the motor vehicle account--state appropriation is reappropriated and provided solely for additional traffic and pedestrian safety improvements near schools. The highways and local programs division within the department of transportation shall administer this program. The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded traffic and pedestrian safety improvement grant funds, but does not report activity on the project within one year of grant award should be reviewed by the department to determine whether the grant should be terminated. The department must promptly close out grants when projects have been completed, and identify where unused grant funds remain because actual project costs were lower than estimated in the grant award. The department shall expeditiously extend new grant awards to qualified projects when funds become available either because grant awards have been rescinded for lack of sufficient project activity or because completed projects returned excess grant funds upon project closeout.
     (6) The motor vehicle account--state appropriation includes $905,000 in unexpended proceeds from the sale of bonds authorized by RCW 47.10.843.
     (7) $867,000 of the multimodal transportation account--state appropriation is reappropriated and provided solely to support the safe routes to school program.
     (8) $18,221,000 of the motor vehicle account--federal appropriation is provided solely for the local freight capital projects in progress identified in this subsection. The specific funding listed is provided solely for the respective projects: SR 397 Ainsworth Ave. Grade Crossing, $5,180,000; Colville Alternate Truck Route, $2,000,000; S. 228th Street Extension and Grade Separation, $6,500,000; Bigelow Gulch Road-Urban Boundary to Argonne Rd., $2,000,000; Granite Falls Alternate Route, $1,791,000; and Pacific Hwy. E./Port of Tacoma Road to Alexander, $750,000.
     (9) $3,400,000 of the motor vehicle account--state appropriation is provided solely for the local freight capital projects in progress identified in this subsection. The specific funding listed is provided solely for the respective projects: Duwamish Intelligent Transportation Systems (ITS), $2,520,000; Port of Kennewick/Piert Road, $520,000; SR 397 Ainsworth Ave. Grade Crossing, $360,000.
     (10) $6,000,000 of the multimodal account--state appropriation is provided solely for the local freight 'D' street grade separation project.
     (11) The department must issue a call for pedestrian safety projects, such as safe routes to schools and transit, and bicycle and pedestrian paths. Applications must be received by the department by November 1, 2005, and November 1, 2006. The department shall identify cost-effective projects, and submit a prioritized list to the legislature for funding by December 15th of each year. Preference will be given to projects that provide a local match. The grant recipients may only be governmental entities.
     (12) $19,540,000 of the multimodal transportation account--state appropriation and $12,000,000 of the freight investment account--state appropriation are provided solely for the projects and activities as listed by fund, project and amount in LEAP Transportation Document 2005-6, Local Programs (Z) as developed April 24, 2005. However, limited transfers of allocations between projects may occur for those amounts listed subject to the conditions and limitations in section 603 of this act.
     (13) $870,000 of the multimodal transportation account--state appropriation is provided solely for the Yakima Avenue, 9th Street to Front Street, pedestrian safety improvement project.

TRANSFERS AND DISTRIBUTIONS

NEW SECTION.  Sec. 401   FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation . . . . . . . . . . . . $354,913,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . $8,775,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . $39,010,000
Transportation Improvement Board Bond Retirement
     Account--State Appropriation . . . . . . . . . . . . $30,899,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $2,562,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $105,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $303,000
Transportation 2003 Account (Nickel Account)
     Appropriation . . . . . . . . . . . . $19,177,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $455,744,000

NEW SECTION.  Sec. 402   FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $283,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $13,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $96,000
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $2,400,000
Transportation Partnership Account--State Appropriation . . . . . . . . . . . . $2,800,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $5,592,000

NEW SECTION.  Sec. 403   FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR MVFT BONDS AND TRANSFERS
     (1) Motor Vehicle Account--State Reappropriation:
For transfer to the Tacoma Narrows toll bridge
account . . . . . . . . . . . . $257,016,000

     The department of transportation is authorized to sell up to $257,016,000 in bonds authorized by RCW 47.10.843 for the Tacoma Narrows bridge project. Proceeds from the sale of the bonds shall be deposited into the motor vehicle account. The department of transportation shall inform the treasurer of the amount to be deposited.

     (2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound capital construction
account . . . . . . . . . . . . $72,000,000

     The department of transportation is authorized to sell up to $72,000,000 in bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead-time materials acquisition for the Washington state ferries.

NEW SECTION.  Sec. 404   FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
     Motor Vehicle Account Appropriation for
motor vehicle fuel tax distributions to cities
and counties . . . . . . . . . . . . $450,757,000

NEW SECTION.  Sec. 405   FOR THE STATE TREASURER -- TRANSFERS
     Motor Vehicle Account--State
Appropriation: For motor vehicle fuel tax
refunds and transfers . . . . . . . . . . . . $820,769,000

NEW SECTION.  Sec. 406   FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSFERS
     (1) RV Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $2,000,000
     (2) Motor Vehicle Account--State Appropriation:
For transfer to Puget Sound Capital Construction
Account--State . . . . . . . . . . . . $73,000,000
     (3) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $10,000,000
     (4) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
     Account--State . . . . . . . . . . . . $19,087,000
     (5) Motor Vehicle Account--State Appropriation:
For transfer to the Transportation Partnership
      Account--State . . . . . . . . . . . . $51,372,000
     (6) Highway Safety Account--State Appropriation:
For transfer to the Multimodal Transportation
     Account--State . . . . . . . . . . . . $21,170,000
     (7) Transportation Partnership Account--State Appropriation:
For transfer to the Small City Pavement and Sidewalk
     Account--State . . . . . . . . . . . . $2,000,000
     (8) Transportation Partnership Account--State Appropriation:
For transfer to the Transportation Improvement
     Account--State . . . . . . . . . . . . $5,000,000
     (9) Transportation Partnership Account--State Appropriation:
For transfer to the Rural Arterial Trust Account--State . . . . . . . . . . . . $3,000,000
     (10) Technology Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $2,500,000
     (11) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway Account--
State . . . . . . . . . . . . $1,406,000
     (12) Motor Vehicle Account--State Appropriation:
For transfer to the Transportation 2003 Account
(Nickel Account)--State . . . . . . . . . . . . $461,000
     (13) Multimodal Transportation Account--State Appropriation:
For transfer to the Transportation Partnership
Account--State . . . . . . . . . . . . $29,400,000

     The transfers identified in this section are subject to the following conditions and limitations:
     (a) The department of transportation shall only transfer funds in subsection (2) of this section up to the level provided, on an as-needed basis.
     (b) The amount identified in subsection (3) of this section may not include any revenues collected as passenger fares.

NEW SECTION.  Sec. 407   STATUTORY APPROPRIATIONS. In addition to the amounts appropriated in sections 101 through 408 of this act for revenue for distribution, state contributions to the law enforcement officers' and fire fighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.

NEW SECTION.  Sec. 408   The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives. The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

COMPENSATION

NEW SECTION.  Sec. 501   EMPLOYEE SALARY COST OF LIVING ADJUSTMENT. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for salary cost of living adjustments subject to the following conditions and limitations:
     (1) In addition to the purposes set forth in subsection (2) through (4) of this section, the appropriations for cost of living adjustments provide for a 3.2% increase effective July 1, 2005, for all state employees represented by a collective bargaining unit under the personnel system reform act of 2002.
     (2) The appropriations for cost of living adjustments provide for a 3.2% increase effective September 1, 2005, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable.
     (3) The appropriations are also sufficient to fund a 3.2% salary increase effective September 1, 2005, for ferry system employees and for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.
     (4) The appropriations for cost of living adjustments provide for a 1.6% salary increase effective July 1, 2006, until June 30, 2007, for all state employees represented by a collective bargaining unit under the personnel system reform act of 2002. In addition, appropriation is provided for a 1.6% increase effective September 1, 2006, for all classified employees, except those represented by a collective bargaining unit under the personnel system reform act of 2002, and except the certificated employees covered by the provisions of Initiative Measure No. 732. Also included are employees in the Washington management service, and exempt employees under the jurisdiction of the personnel resources board or the director of personnel, as applicable. The appropriation is also sufficient to fund a 1.6% salary increase effective September 1, 2006, until June 30, 2007, for ferry system employees and for general government, legislative, and judicial employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.
     (5)(a) No salary increase may be paid under this section to any person whose salary has been Y-rated pursuant to rules adopted by the personnel resources board or the director of personnel, as applicable.
     (b) The average salary increases paid under this section to agency officials whose maximum salaries are established by the committee on agency official salaries shall not exceed the average increases provided under subsection (3) of this section.

NEW SECTION.  Sec. 502   COMPENSATION--INSURANCE BENEFITS. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for insurance benefits subject to the following conditions and limitations:
     (1)(a) The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $663.00 per eligible employee for fiscal year 2006. For fiscal year 2007, the monthly employer funding rate shall not exceed $744.00 per eligible employee covered by the health insurance collective bargaining agreement reached between the governor and health insurance coalition under the personnel system reform act of 2002 or $618.00 per eligible ferry system employee and general government employee not covered under that agreement.
     (b) In order to achieve the level of funding provided for health benefits, the public employees' benefits board shall require any or all of the following: Employee premium copayments, increases in point-of-service cost sharing, the implementation of managed competition, or other changes to benefits consistent with RCW 41.05.065.
     (c) The health care authority shall deposit any moneys received on behalf of the uniform medical plan as a result of rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys recovered as a result of prior uniform medical plan claims payments, into the public employees' and retirees' insurance account to be used for insurance benefits. Such receipts shall not be used for administrative expenditures.

NEW SECTION.  Sec. 503   CONTRIBUTIONS TO RETIREMENT SYSTEMS. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for agency savings in the cost of other compensation items provided at the pension rates as set forth in House Bill No. 1043 and Engrossed Substitute House Bill No. 1044.

NEW SECTION.  Sec. 504   COMPENSATION ADJUSTMENT FOR SALARY SURVEY. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for compensation adjustments related to the salary survey.

NEW SECTION.  Sec. 505   COMPENSATION ADJUSTMENT FOR CLASSIFICATION REVISIONS. For those funds that support noncapital FTE employees, agency appropriations in sections 101 through 408 of this act provide funding for the compensation adjustment related to the classification revisions.

IMPLEMENTING PROVISIONS

NEW SECTION.  Sec. 601   INFORMATION SYSTEMS PROJECTS. Agencies shall comply with the following requirements regarding information systems projects when specifically directed to do so by sections 101 through 611 of this act.
     (1) Agency planning and decisions concerning information technology shall be made in the context of its information technology portfolio. "Information technology portfolio" means a strategic management approach in which the relationships between agency missions and information technology investments can be seen and understood, such that: Technology efforts are linked to agency objectives and business plans; the impact of new investments on existing infrastructure and business functions are assessed and understood before implementation; and agency activities are consistent with the development of an integrated, nonduplicative statewide infrastructure.
     (2) Agencies shall use their information technology portfolios in making decisions on matters related to the following:
     (a) System refurbishment, acquisitions, and development efforts;
     (b) Setting goals and objectives for using information technology in meeting legislatively-mandated missions and business needs;
     (c) Assessment of overall information processing performance, resources, and capabilities;
     (d) Ensuring appropriate transfer of technological expertise for the operation of any new systems developed using external resources; and
     (e) Progress toward enabling electronic access to public information.
     (3) Each project will be planned and designed to take optimal advantage of Internet technologies and protocols. Agencies shall ensure that the project is in compliance with the architecture, infrastructure, principles, policies, and standards of digital government as maintained by the information services board.
     (4) The agency shall produce a feasibility study for information technology projects at the direction of the information services board and in accordance with published department of information services policies and guidelines. At a minimum, such studies shall include a statement of: (a) The purpose or impetus for change; (b) the business value to the agency, including an examination and evaluation of benefits, advantages, and cost; (c) a comprehensive risk assessment based on the proposed project's impact on both citizens and state operations, its visibility, and the consequences of doing nothing; (d) the impact on agency and statewide information infrastructure; and (e) the impact of the proposed enhancements to an agency's information technology capabilities on meeting service delivery demands.
     (5) The agency shall produce a comprehensive management plan for each project. The plan or plans shall address all factors critical to successful completion of each project. The plan(s) shall include, but is not limited to, the following elements: A description of the problem or opportunity that the information technology project is intended to address; a statement of project objectives and assumptions; a definition and schedule of phases, tasks, and activities to be accomplished; and the estimated cost of each phase. The planning for the phased approach shall be such that the business case justification for a project needs to demonstrate how the project recovers cost or adds measurable value or positive cost benefit to the agency's business functions within each development cycle.
     (6) The agency shall produce quality assurance plans for information technology projects. Consistent with the direction of the information services board and the published policies and guidelines of the department of information services, the quality assurance plan shall address all factors critical to successful completion of the project and successful integration with the agency and state information technology infrastructure. At a minimum, quality assurance plans shall provide time and budget benchmarks against which project progress can be measured, a specification of quality assurance responsibilities, and a statement of reporting requirements. The quality assurance plans shall set out the functionality requirements for each phase of a project.
     (7) A copy of each feasibility study, project management plan, and quality assurance plan shall be provided to the department of information services, the office of financial management, and legislative fiscal committees. The plans and studies shall demonstrate a sound business case that justifies the investment of taxpayer funds on any new project, an assessment of the impact of the proposed system on the existing information technology infrastructure, the disciplined use of preventative measures to mitigate risk, and the leveraging of private-sector expertise as needed. Authority to expend any funds for individual information systems projects is conditioned on the approval of the relevant feasibility study, project management plan, and quality assurance plan by the department of information services and the office of financial management.
     (8) Quality assurance status reports shall be submitted to the department of information services, the office of financial management, and legislative fiscal committees at intervals specified in the project's quality assurance plan.

NEW SECTION.  Sec. 602   The department of transportation may transfer federal funds for state funds within the preservation and improvement programs if funded projects are eligible to use additional federal funds and the scope of the project is not increased. The department shall not transfer funds as authorized under this subsection without approval of the director of financial management. A report of the transfers will be submitted on October 1st of each fiscal year to the senate and house of representatives transportation committees.

NEW SECTION.  Sec. 603   (1) The transportation commission may authorize a transfer of spending allocation within the appropriation provided and between projects funded with transportation 2003 account (nickel account) appropriations or the transportation partnership account appropriations to manage project spending and efficiently deliver all projects in the respective program under the following conditions and limitations:
     (a) Transfers from a project may be made if the funds allocated to the project are in excess of the amount needed to complete the project;
     (b) Transfers from a project may be made if the project is experiencing unavoidable expenditure delays;
     (c) Transfers from a project may not be made as a result of the reduction of the scope of a project, nor shall a transfer be made to support increases in the scope of a project;
     (d) Each transfer between projects may only occur if the commission finds that any resulting change will not hinder the completion of the projects approved by the legislature; and
     (e) Transfers may not occur to projects not identified on the applicable project list.
     (2) A report of the transfers shall be submitted on October 1st of each fiscal year to the senate and house of representatives transportation committees.

NEW SECTION.  Sec. 604   If House Bill No. 1254 is enacted by July 1, 2005, then on June 30, 2007, the remaining unexpended fund balance in the bicycle and pedestrian safety account shall be deposited into the Share the Road account established in House Bill No. 1254.

     *NEW SECTION.  Sec. 605   The department of transportation shall eliminate 131 middle management positions by June 30, 2007. The middle management reduction, however, shall not impact the work force required to manage and support the delivery of the 2003 nickel package and 2005 transportation partnership package.
     *Sec. 605 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 606   Based on the anticipated outcomes of the tolling study, to be conducted under section 206 of this act, the legislature intends that tolls be charged to offset or partially offset the costs for the Alaskan Way Viaduct, State Route 520 Bridge replacement, and widening of Interstate 405 including a managed lanes concept.

     *NEW SECTION.  Sec. 607   The department of transportation, in conjunction with the office of financial management, must implement the governmental accounting standards board's (GASB) statement number 34. The financial reporting value of the state's highway system must be adjusted for any new additions to the system. The biennial reporting of the condition of the system must be related to the funding levels of maintaining the system. The department must maintain a current inventory of the state's highway system and estimate the actual cost to maintain and preserve the assets. In addition to the GASB statement 34, the department of transportation with the office of financial management's assistance must establish an asset replacement value for the state's highway system. A report must be submitted to the transportation committees of the senate and the house of representatives each April. During 2005, the speaker of the house of representatives and the president of the senate must select one member from each caucus to work with the office of financial management, the joint legislative audit and review committee, the department of transportation, and the department of general administration to identify areas in state government where the GASB philosophy could be implemented. The purpose of this effort is to enhance decision making that will result in strategic long-term investment decisions in transportation capital project management.
     *Sec. 607 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 608   During the 2005-07 biennium, the director of general administration, through the office of state procurement, shall:
     (1) In consultation with the state investment board and the state treasurer's office, explore and implement strategies designed to reduce the overall cost of fuel and mitigate the impact of market fluctuations and pressure on both short-term and long-term fuel costs. The department of general administration shall contract for these services. These fuel cost mitigation strategies shall be made available to all state agencies, institutions of higher education, and political subdivisions that purchase fuel through the office of state procurement. These strategies may include but are not limited to futures contracts, swap transactions, option contracts, costless collars, and long-term storage.
     (2) Recommend a mechanism for funding these fuel cost mitigation strategies that recognizes that the benefit accrues across state and local governments. To pay for these services, the director may also explore negotiated incentives with contracted providers.
     (3) Report to the fiscal committees of the legislature each December 15th regarding the types of contracts established to mitigate fuel costs, the amounts of fuel covered by the contracts, and the cost mitigation results. The reports shall also include recommendations for improving or continuing the fuel cost mitigation program.

Sec. 609   RCW 81.84.020 and 2003 c 373 s 5 are each amended to read as follows:
     (1) Upon the filing of an application the commission shall give reasonable notice to the department, affected cities, counties, and public transportation benefit areas and any common carrier which might be adversely affected, of the time and place for hearing on such application. The commission shall have power after hearing, to issue the certificate as prayed for, or to refuse to issue it, or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by said certificate such terms and conditions as in its judgment the public convenience and necessity may require; but the commission shall not have power to grant a certificate to operate between districts and/or into any territory prohibited by RCW 47.60.120 or already served by an existing certificate holder, unless such existing certificate holder has failed or refused to furnish reasonable and adequate service or has failed to provide the service described in its certificate or tariffs after the time period allowed to initiate service has elapsed: PROVIDED, A certificate shall be granted when it shall appear to the satisfaction of the commission that the commercial ferry was actually operating in good faith over the route for which such certificate shall be sought, on January 15, 1927: PROVIDED, FURTHER, That in case two or more commercial ferries shall upon said date have been operating vessels upon the same route, or between the same districts the commission shall determine after public hearing whether one or more certificates shall issue, and in determining to whom a certificate or certificates shall be issued, the commission shall consider all material facts and circumstances including the prior operation, schedules, and services rendered by either of the ferries, and in case more than one certificate shall issue, the commission shall fix and determine the schedules and services of the ferries to which the certificates are issued to the end that duplication of service be eliminated and public convenience be furthered.
     (2) Before issuing a certificate, the commission shall determine that the applicant has the financial resources to operate the proposed service for at least twelve months, based upon the submission by the applicant of a pro forma financial statement of operations. Issuance of a certificate shall be determined upon, but not limited to, the following factors: Ridership and revenue forecasts; the cost of service for the proposed operation; an estimate of the cost of the assets to be used in providing the service; a statement of the total assets on hand of the applicant that will be expended on the proposed operation; and a statement of prior experience, if any, in such field by the applicant. The documentation required of the applicant under this section shall comply with the provisions of RCW 9A.72.085.
     (3) Subsection (2) of this section does not apply to an application for a certificate that is pending as of July 25, 1993.
     (4) In granting a certificate for passenger-only ferries and determining what conditions to place on the certificate, the commission shall consider and give substantial weight to the effect of its decisions on public agencies operating, or eligible to operate, passenger-only ferry service.
     (5) Until ((March 1, 2005)) July 1, 2006, the commission shall not accept or consider an application for passenger-only ferry service serving any county in the Puget Sound((, unless the public transportation benefit area authority or ferry district serving that county, by resolution, agrees to the application)) area with a population of over one million people. Applications for passenger-only ferry service serving any county in the Puget Sound area with a population of over one million pending before the commission as of the effective date of this section shall be held in abeyance and not considered before July 1, 2006.

2003-05 BIENNIUM
GENERAL GOVERNMENT AGENCIES-OPERATING

Sec. 700   2004 c 229 s 101 (uncodified) is amended to read as follows:
FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . (($365,000))
       $375,000

TRANSPORTATION AGENCIES--OPERATING

Sec. 701   2003 c 360 s 201 (uncodified) is amended to read as follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $2,017,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $15,744,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,059,000
Bicycle and Pedestrian Safety Account--State
     Appropriation . . . . . . . . . . . . $15,000

          TOTAL APPROPRIATION . . . . . . . . . . . . (($20,820,000))
       $20,835,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The commission may oversee up to four pilot projects implementing the use of traffic safety cameras to detect failure to stop at railroad crossings, stoplights, and school zones.
     (a) In order to ensure adequate time in the 2003-05 biennium to evaluate the effectiveness of the pilot program, any projects authorized by the commission must be authorized by December 31, 2003.
     (b) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.
     (c) The traffic safety commission shall use the following guidelines to administer the program:
     (i) Traffic safety cameras may take pictures of the vehicle and vehicle license plate only, and only while an infraction is occurring;
     (ii) The law enforcement agency of the city or county government shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic enforcement system;
     (iii) Cities and counties using traffic safety cameras must provide periodic notice by mail to its citizens indicating the zones in which the traffic safety cameras will be used;
     (iv) Notices of infractions must be mailed to the registered owner of a vehicle within fourteen days of the infraction occurring;
     (v) The owner of the vehicle is not responsible for the violation if the owner of the vehicle, within fourteen days of receiving notification of the violation, mails to the issuing law enforcement agency, a declaration under penalty of perjury, stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner, or any other extenuating circumstances;
     (vi) Infractions detected through the use of traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120;
     (vii) If a notice of infraction is sent to the registered owner and the registered owner is a rental car business, the infraction will be dismissed against the business if it mails to the issuing agency, within fourteen days of receiving the notice, a declaration under penalty of perjury of the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign a declaration under penalty of perjury to this effect. The declaration must be mailed to the issuing agency within fourteen days of receiving the notice of traffic infraction. Timely mailing of this declaration to the issuing agency relieves a rental car business of any liability under this section for the notice of infraction. A declaration form suitable for this purpose must be included with each automated traffic infraction notice issued, along with instructions for its completion and use;
     (viii) For purposes of the 2003-05 biennium pilot projects, infractions generated by the use of traffic safety cameras are exempt from the provisions of RCW 3.46.120, 3.50.100, and 35.20.220, and must be processed in the same manner as parking violations; and
     (ix) By June 30, 2005, the traffic safety commission shall provide a report to the legislature regarding the use, public acceptance, outcomes, and other relevant issues regarding traffic safety cameras demonstrated by the pilot projects.
     (2) $210,000 of the highway safety account--state appropriation is provided solely for continuing the five existing DUI/traffic safety task forces that receive federal project funding that expires during the 2003-05 biennium. However, the appropriation in this subsection may only be expended for a task force when the federal funding for that task force has expired.
     (3)(a) $1,555,000 of the school zone safety account--state appropriation is provided solely as matching funds for the following school safety enhancement projects, as proposed by local agencies, schools, and tribal governments in response to the department of transportation's highways and local programs request for information for potential projects to be financed under Referendum No. 51:

AgencyProject Title
CheneySchool Crosswalk Improvement Project
Skokomish Indian TribeSkokomish School Safety Sidewalk Program
Brier37th Pl SW & 233rd Pl SW Sidewalk
SunnysideLincoln Ave Sidewalks
LynnwoodOlympic View Dr - 76th Ave SW to 169th St SW
SteilacoomCherrydale Elementary School Safety Enhancement
YakimaW Valley School Zone Flashers
Camas SDSR 500 at 15th St Interchange
SeattleMeadowbrook Playfield - NE 105th St
VancouverFranklin ES Sidewalk Improvements

     (b) If one or more of the projects under this subsection cannot be completed or no longer seeks state matching funds, the following projects may be substituted in order of priority:

AgencyProject Title
DavenportDavenport Sixth St School Sidewalk
Edmonds96th Ave W Pedestrian Improvements
Mountlake Terrace223rd St SW - 44th Ave W to Cedar Way Elementary
YakimaEnglewood/Powerhouse Intersection Safety Project

     (c) The highways and local programs division within the department of transportation shall provide assistance to the commission in administering this program.
     (d) The legislature intends to tie funding to specific projects only for the 2003-05 biennium.

Sec. 702   2004 c 229 s 207 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL -- SUPPORT SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($69,799,000))
       $70,951,000
State Patrol Highway Account -- Private/Local
     Appropriation . . . . . . . . . . . . $1,290,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($71,089,000))
       $72,241,000

     The appropriations in this section are subject to the following conditions and limitations: Under the direction of the legislative auditor, the patrol shall update the pursuit vehicle life-cycle cost model developed in the 1998 Washington state patrol performance audit (JLARC Report 99-4). The patrol shall utilize the updated model as a basis for determining maintenance and other cost impacts resulting from the increase to pursuit vehicle mileage above 110 thousand miles in the 2003-05 biennium. The patrol shall submit a report, that includes identified cost impacts, to the transportation committees of the senate and house of representatives by December 31, 2003.

Sec. 703   2004 c 229 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- INFORMATION SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $2,000
Motorcycle Safety Education Account -- State
     Appropriation . . . . . . . . . . . . $144,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $55,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($11,656,000))
       $11,556,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $6,000
Highway Safety Account--Local Appropriation . . . . . . . . . . . . $60,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $6,285,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . $1,220,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($19,428,000))
       $19,328,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The department shall submit a report to the transportation committees of the legislature detailing the progress made in transitioning off of the Unisys system by December 1, 2003, and each December 1 thereafter.
     (2) (($151,000)) $51,000 of the highway safety account--state appropriation is provided solely for the implementation of Third Substitute Senate Bill No. 5412. Within the amount provided, the department of licensing shall prepare to implement a "one-to-one" biometric matching system that compares the biometric identifier submitted to the individual applicant's record. The authority to expend funds provided under this subsection is subject to compliance with the provisions under section 504 of this act. If Third Substitute Senate Bill No. 5412 is not enacted by June 30, 2004, the amount provided in this subsection shall lapse.

Sec.704   2004 c 229 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--INFORMATION TECHNOLOGY -- PROGRAM C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($56,236,000))
       $53,522,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($5,163,000))
       $6,654,000
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . $7,038,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $363,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($68,800,000))
       $67,577,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $850,000 of the motor vehicle account--state appropriation is provided for the continued maintenance and support of the transportation executive information system (TEIS). The TEIS shall be enhanced during the 2004 interim to shift towards a monitoring and reporting system capable of tracking and reporting on major project milestones and measurements. The department shall work with the legislature to identify and define meaningful milestones and measures to be used in monitoring the scope, schedule, and cost of projects.
     (2)(a) (($2,959,000)) $1,118,000 of the motor vehicle account--state appropriation and (($2,963,000)) $4,454,000 of the motor vehicle account--federal appropriation are provided solely for implementation of a new revenue collection system, including the integration of the regional fare coordination system (smart card), at the Washington state ferries. By December 1st of each year, an annual update must be provided to the legislative transportation committee concerning the status of implementing and completing this project.
     (b) $200,000 of the Puget Sound ferry operation account--state appropriation is provided solely for implementation of the smart card program.
     (3) The department shall contract with the department of information services to conduct a survey that identifies possible opportunities and benefits associated with siting and use of technology and wireless facilities located on state right of way authorized by RCW 47.60.140. The department shall submit a report regarding the survey to the appropriate legislative committees by December 1, 2004.

Sec. 705   2004 c 229 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($30,981,000))
       $30,515,000

Sec. 706   2004 c 229 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($49,056,000))
       $48,056,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($49,456,000))
       $48,456,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) (($14,310,000)) $13,985,000 of the motor vehicle account--state appropriation is provided solely for the staffing, activities, and overhead of the department's environmental affairs office. This funding is provided in lieu of funding provided in sections 305 and 306 of this act.
     (2) $3,100,000 of the motor vehicle account--state appropriation is provided solely for the staffing and activities of the transportation permit efficiency and accountability committee. The committee shall develop a model national environmental policy act (NEPA) tribal consultation process for federal transportation aid projects related to the preservation of cultural, historic, and environmental resources. The process shall ensure that Tribal participation in the NEPA consultation process is conducted pursuant to treaty rights, federal law, and state statutes, consistent with their expectations for protection of such resources.
     (3) $300,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely for the purposes of providing contract services to the association of Washington cities and Washington state association of counties to implement section 2(3)(c), (5), and (6), chapter 8 (ESB 5279), Laws of 2003 for activities of the transportation permit efficiency and accountability committee.

Sec. 707   2003 c 360 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--ECONOMIC PARTNERSHIPS--PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,011,000))
       $996,000

Sec. 708   2004 c 229 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($38,924,000))
       $38,338,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $125,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($39,049,000))
       $38,463,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) A maximum of $8,800,000 of the motor vehicle account--state appropriation may be expended for the incident response program, including the service patrols. The department and the Washington state patrol shall continue to consult and coordinate with private sector partners, such as towing companies, media, auto, insurance and trucking associations, and the legislative transportation committees to ensure that limited state resources are used most effectively. No funds shall be used to purchase tow trucks.
     (2) $4,400,000 of the motor vehicle account--state appropriation is provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. The department shall prioritize low-cost enhancement projects on a statewide rather than regional basis.
     (3) At a frequency determined by the department, the interstate-5 variable message signs shall display a message advising slower traffic to keep right.
     (4) The appropriation authority under this section includes spending authority to administer the motorist information sign panel program. The department shall establish the annual fees charged for these services so that all costs to administer this program are recovered; in no event, however, shall the department charge more than:
     (a) $1,000 per business per location on freeways and expressways with average daily trips greater than 80,000;
     (b) $750 per business per location on freeways and expressways with average daily trips less than 80,000; and
     (c) $400 per business per location on conventional highways.

Sec. 709   2004 c 229 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($24,579,000))
       $24,079,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $636,000
Puget Sound Ferry Operations Account -- State Appropriation . . . . . . . . . . . . $1,093,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $973,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($27,281,000))
       $26,781,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $627,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 5248. If Substitute Senate Bill No. 5248 is not enacted by June 30, 2003, the amount provided in this subsection shall lapse. The agency may transfer between programs funds provided in this subsection.
     (2) The department shall transfer at no cost to the Washington state patrol the title to the Walla Walla colocation facility.

Sec. 710   2004 c 229 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($29,494,000))
       $24,194,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $14,814,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $1,521,000
Multimodal Transportation Account -- Federal Appropriation . . . . . . . . . . . . $2,000,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($47,829,000))
       $42,529,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $3,800,000 of the motor vehicle account--state appropriation is provided solely for a study of regional congestion relief solutions for Puget Sound (including state route 169), Spokane, and Vancouver. The study must include proposals to alleviate congestion consistent with population and land use expectations under the growth management act, and must include measurement of all modes of transportation.
     (2) $2,000,000 of the motor vehicle account--state appropriation is provided solely for additional assistance to support regional transportation planning organizations and long-range transportation planning efforts. As a condition of receiving this support, a regional transportation planning organization containing any county with a population in excess of one million shall provide voting membership on its executive board to any incorporated principal city of a metropolitan statistical area within the region, as designated by the United States census bureau.
     (3) (($3,000,000)) $1,200,000 of the motor vehicle account--state appropriation is provided solely for the costs of the regional transportation investment district (RTID) election and department of transportation project oversight. These funds are provided as a loan to the RTID and shall be repaid to the state motor vehicle account within one year following the certification of the election results related to the RTID.
     (4) $650,000 of the motor vehicle account--state appropriation is provided to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department to support the processing and analysis of the backlog of city and county collision reports.
     (5) The department shall contribute to the report required in section 208(1) of this act in the form of an analysis of the cost impacts incurred by the department as the result of the policy implemented in section 208(1) of this act. The analysis shall contrast overtime costs charged by the patrol prior to July 1, 2003, with contract costs for similar services after July 1, 2003.
     (6) $60,000 of the distribution under RCW 46.68.110(2) and 46.68.120(3) is provided solely to the department for the Washington strategic freight transportation analysis.
     (7) $500,000 of the multimodal transportation account--state appropriation is provided solely for contracting with the department of natural resources to develop data systems for state submerged lands that can be shared with other governmental agencies and that can support the state vision for ecoregional planning. The data to be shared shall include, but not limited to, tabular and geospatial data describing public land ownership, distributions of native plants, marine and aquatic species and their habitats, physical attributes, aquatic ecosystems, and specially designated conservation or environmentally sensitive areas.

Sec. 711   2004 c 229 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($47,057,000))
       $46,757,000
Multimodal Transportation Account -- Federal Appropriation . . . . . . . . . . . . $2,574,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $155,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($49,786,000))
       $49,486,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $18,000,000 of the multimodal transportation account--state appropriation is provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation.
     (a) $4,000,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers shall be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.
     (b) $14,000,000 of the amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies shall be prorated based on the amount expended for demand response service and route deviated service in calendar year 2001 as reported in the "Summary of Public Transportation - 2001" published by the department of transportation. No transit agency may receive more than thirty percent of these distributions.
     (2) $1,500,000 of the multimodal transportation account--state appropriation is provided solely for grants to implement section 9 of Engrossed Substitute House Bill No. 2228.
     (3) Funds are provided for the rural mobility grant program as follows:
     (a) $6,000,000 of the multimodal transportation account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the Summary of Public Transportation - 2001 published by the department of transportation. Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.
     (b) $4,000,000 of the multimodal transportation account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.
     (4) $4,000,000 of the multimodal transportation account--state appropriation is provided solely for a vanpool grant program for: (a) Public transit agencies to add vanpools; and (b) incentives for employers to increase employee vanpool use. The grant program for public transit agencies will cover capital costs only; no operating costs for public transit agencies are eligible for funding under this grant program. No additional employees may be hired for the vanpool grant program, and supplanting of transit funds currently funding vanpools is not allowed. Additional criteria for selecting grants will include leveraging funds other than state funds. The commute trip reduction task force shall determine the cost effectiveness of the grants, including vanpool system coordination, regarding the use of the funds.
     (5) $100,000 of the multimodal transportation account--state appropriation is provided solely for the commute trip reduction program for Benton county.
     (6) $3,000,000 of the multimodal transportation account--state appropriation is provided to the city of Seattle for the Seattle streetcar project on South Lake Union.
     (7) $500,000 of the multimodal transportation account--state appropriation is provided solely to King county as a state match to obtain federal funding for a car sharing program.

Sec. 712   2004 c 229 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . (($312,490,000))
       $328,430,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $5,120,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($317,610,000))
       $333,550,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The appropriation is based on the budgeted expenditure of (($35,348,000)) $51,048,000 for vessel operating fuel in the 2003-2005 biennium. If the actual cost of fuel is less than this budgeted amount, the excess amount may not be expended. If the actual cost exceeds this amount, the department shall request a supplemental appropriation.
     (2) The appropriation provides for the compensation of ferry employees. The expenditures for compensation paid to ferry employees during the 2003-2005 biennium may not exceed $208,935,700, plus a dollar amount, as prescribed by the office of financial management, that is equal to any insurance benefit increase granted general government employees in excess of $495.30 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2004 and $567.67 a month annualized per eligible marine employee multiplied by the number of eligible marine employees for fiscal year 2005, a dollar amount as prescribed by the office of financial management for costs associated with pension amortization charges, and a dollar amount prescribed by the office of financial management for salary increases during the 2003-2005 biennium. For the purposes of this section, the expenditures for compensation paid to ferry employees shall be limited to salaries and wages and employee benefits as defined in the office of financial management's policies, regulations, and procedures named under objects of expenditure "A" and "B" (7.2.6.2).
     The prescribed salary increase or decrease dollar amount that shall be allocated from the governor's compensation appropriations is in addition to the appropriation contained in this section and may be used to increase or decrease compensation costs, effective July 1, 2003, and thereafter, as established in the 2003-2005 general fund operating budget.
     (3) $4,234,000 of the multimodal transportation account--state appropriation and $800,000 of the Puget Sound ferry operations account--state appropriation are provided solely for operating costs associated with the Vashon to Seattle passenger-only ferry. The Washington state ferries will develop a plan to increase passenger-only farebox recovery to at least forty percent by July 1, 2003, with an additional goal of eighty percent, through increased fares, lower operation costs, and other cost-saving measures as appropriate. In order to implement the plan, ferry system management is authorized to negotiate changes in work hours (requirements for split shift work), but only with respect to operating passenger-only ferry service, to be included in a collective bargaining agreement in effect during the 2003-05 biennium that differs from provisions regarding work hours in the prior collective bargaining agreement. The department must report to the transportation committees of the legislature by December 1, 2003.
     (4) $984,000 of the Puget Sound ferry operations account--state appropriation is provided solely for ferry security operations necessary to comply with the ferry security plan submitted by the Washington state ferry system to the United States coast guard. The department shall track security costs and expenditures. Ferry security operations costs shall not be included as part of the operational costs that are used to calculate farebox recovery.
     (5) $866,000 of the multimodal transportation account--state appropriation and $200,000 of the Puget Sound ferry operations account--state appropriation are provided solely for operating costs associated with the Bremerton to Seattle passenger-only ferry service for thirteen weeks.
     (6) The department shall study the potential for private or public partners, including but not limited to King county, to provide passenger-only ferry service from Vashon to Seattle. The department shall report to the legislative transportation committees by December 31, 2003.
     (7) The Washington state ferries shall continue to provide service to Sidney, British Columbia.
     (8) When augmenting the existing ferry fleet, the department of transportation ferry capital program shall explore cost-effective options to include the leasing of ferries from private-sector organizations.
     (9) The Washington state ferries shall work with the department of general administration, office of state procurement to improve the existing fuel procurement process and solicit, identify, and evaluate, purchasing alternatives to reduce the overall cost of fuel and mitigate the impact of market fluctuations and pressure on both short- and long-term fuel costs. Consideration shall include, but not be limited to, long-term fuel contracts, partnering with other public entities, and possibilities for fuel storage in evaluating strategies and options. The department shall report back to the transportation committees of the legislature by December 1, 2003, on the options, strategies, and recommendations for managing fuel purchases and costs.
     (10) The department must provide a separate accounting of passenger-only ferry service costs and auto ferry service costs, and must provide periodic reporting to the legislature on the financial status of both passenger-only and auto ferry service in Washington state.
     (11) The Washington state ferries must work with the department's information technology division to implement a new revenue collection system, including the integration of the regional fare coordination system (smart card). Each December, annual updates are to be provided to the transportation committees of the legislature concerning the status of implementing and completing this project, with updates concluding the first December after full project implementation.
     (12) The Washington state ferries shall evaluate the benefits and costs of selling the depreciation rights to ferries purchased by the state in the future through sale and lease-back agreements, as permitted under RCW 47.60.010. The department is authorized to issue a request for proposal to solicit proposals from potential buyers. The department must report to the transportation committees of the legislature by December 1, 2004, on the options, strategies, and recommendations for sale/lease-back agreements on existing ferry boats as well as future ferry boat purchases.

Sec. 713   2004 c 229 s 224 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- OPERATING
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($34,118,000))
       $33,488,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) (($29,961,000)) $29,331,000 of the multimodal transportation account--state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining the state-supported passenger rail service.
     (2) No Amtrak Cascade runs may be eliminated.
     (3) The department is directed to explore scheduling changes that will reduce the delay in Seattle when traveling from Portland to Vancouver B.C.
     (4) The department is directed to explore opportunities with British Columbia (B.C.) concerning the possibility of leasing an existing Talgo trainset to B.C. during the day for a commuter run when the Talgo is not in use during the Bellingham layover.
     (5) $50,000 of the multimodal transportation account--state appropriation is provided solely for implementing the produce rail car program as provided in RCW 47.76.420.

Sec. 714   2004 c 229 s 225 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($7,067,000))
       $6,957,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,569,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($9,636,000))
       $9,526,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) Up to $75,000 of the total appropriation is provided in accordance with RCW 46.68.110(2) and 46.68.120(3) to fund the state's share of the 2004 Washington marine cargo forecast study. Public port districts, acting through their association, must provide funding to cover the remaining cost of the forecast.
     (2) $300,000 of the motor vehicle account--state appropriation is provided in accordance with RCW 46.68.110(2) and 46.68.120(3) solely to fund a study of the threats posed by flooding to the state and other infrastructure near the Interstate 5 crossing of the Skagit River. This funding is contingent on the receipt of federal matching funds.

TRANSFERS AND DISTRIBUTIONS

Sec. 801   2004 c 229 s 401 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account Appropriation . . . . . . . . . . . . (($250,000,000))
       $240,833,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($4,131,000))
       $1,440,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . (($43,340,000))
       $42,084,000
Transportation Improvement Board Bond Retirement
     Account -- State Appropriation . . . . . . . . . . . . (($36,721,000))
       $33,209,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $5,254,000
Special Category C Account -- State Appropriation . . . . . . . . . . . . $338,000
Transportation Improvement Account -- State
     Appropriation . . . . . . . . . . . . $240,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $358,000
Transportation 2003 Account (nickel account)
     Appropriation . . . . . . . . . . . . $2,117,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($342,499,000))
       $325,873,000

Sec. 802   2004 c 229 s 402 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,293,000))
       $793,000
Special Category C Account Appropriation . . . . . . . . . . . . $111,000
Transportation Improvement Account -- State
     Appropriation . . . . . . . . . . . . $21,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $119,000
Transportation 2003 Account (nickel account)--State
     Appropriation . . . . . . . . . . . . (($700,000))
       $400,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($2,244,000))
       $1,444,000

Sec. 803   2004 c 229 s 404 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
     Motor Vehicle Account Appropriation for
motor vehicle fuel tax distributions to
cities and counties . . . . . . . . . . . . (($440,228,000))
       $435,138,000
     Motor Vehicle Account--State Appropriation:
For license permit and fee distributions to cities
and counties . . . . . . . . . . . . (($13,119,000))
       $0

Sec. 804   2004 c 229 s 405 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- TRANSFERS
     (1) State Patrol Highway Account -- State
Appropriation: For transfer to the Motor
Vehicle Account . . . . . . . . . . . . (($20,000,000))
       $4,000,000
     (2) Motor Vehicle Account -- State
Appropriation: For motor vehicle fuel tax
refunds and transfers . . . . . . . . . . . . (($770,347,000))
       $752,823,000
     (3) Highway Safety Account -- State
Appropriation: For transfer to the motor
vehicle account -- state . . . . . . . . . . . . $12,000,000
     (4) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound operating account--
state . . . . . . . . . . . . $9,500,000


     The state treasurer shall perform the transfers from the state patrol highway account and the highway safety account to the motor vehicle account on a quarterly basis.

MISCELLANEOUS

NEW SECTION.  Sec. 901   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. 902   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

(End of bill)



     INDEX       PAGE #


BOARD OF PILOTAGE COMMISSIONERS . . . . . . . . . . . . 5
COMPENSATION ADJUSTMENT FOR CLASSIFICATION REVISIONS . . . . . . . . . . . . 46
COMPENSATION ADJUSTMENT FOR SALARY SURVEY . . . . . . . . . . . . 46
COMPENSATION--INSURANCE BENEFITS . . . . . . . . . . . . 45
CONTRIBUTIONS TO RETIREMENT SYSTEMS . . . . . . . . . . . . 46
COUNTY ROAD ADMINISTRATION BOARD . . . . . . . . . . . . 5, 27
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . 3
DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . 3
DEPARTMENT OF LICENSING
     DRIVER SERVICES . . . . . . . . . . . . 13
     INFORMATION SERVICES . . . . . . . . . . . . 12, 56
     MANAGEMENT AND SUPPORT SERVICES . . . . . . . . . . . . 11
     VEHICLE SERVICES . . . . . . . . . . . . 13
DEPARTMENT OF TRANSPORTATION
     AVIATION -- PROGRAM F . . . . . . . . . . . . 15
     CHARGES FROM OTHER AGENCIES -- PROGRAM U . . . . . . . . . . . . 21
     ECONOMIC PARTNERSHIPS--PROGRAM K . . . . . . . . . . . . 59
     ECONOMIC PARTNERSHIPS -- PROGRAM K . . . . . . . . . . . . 17
     FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION--PROGRAM D . . . . . . . . . . . . 58
     FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D . . . . . . . . . . . . 15
     HIGHWAY MAINTENANCE -- PROGRAM M . . . . . . . . . . . . 17
     IMPROVEMENTS -- PROGRAM I . . . . . . . . . . . . 29
     INFORMATION TECHNOLOGY--PROGRAM C . . . . . . . . . . . . 57
     INFORMATION TECHNOLOGY -- PROGRAM C . . . . . . . . . . . . 14
     LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL . . . . . . . . . . . . 37
     LOCAL PROGRAMS -- PROGRAM Z -- OPERATING . . . . . . . . . . . . 26, 68
     MARINE -- PROGRAM X . . . . . . . . . . . . 24, 65
     PRESERVATION -- PROGRAM P . . . . . . . . . . . . 32
     PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) . . . . . . . . . . . . 28
     PROGRAM DELIVERY MANAGEMENT AND SUPPORT--PROGRAM H . . . . . . . . . . . . 59
     PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H . . . . . . . . . . . . 16
     PUBLIC TRANSPORTATION -- PROGRAM V . . . . . . . . . . . . 22, 63
     RAIL -- PROGRAM Y -- CAPITAL . . . . . . . . . . . . 36
     RAIL -- PROGRAM Y -- OPERATING . . . . . . . . . . . . 26, 68
     TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B . . . . . . . . . . . . 14
     TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL . . . . . . . . . . . . 34
     TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING . . . . . . . . . . . . 18, 60
     TRANSFERS . . . . . . . . . . . . 42
     TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S . . . . . . . . . . . . 18, 61
     TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T . . . . . . . . . . . . 19, 61
     WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W . . . . . . . . . . . . 35
EMPLOYEE SALARY COST OF LIVING ADJUSTMENT . . . . . . . . . . . . 44
FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD . . . . . . . . . . . . 9
INFORMATION SYSTEMS PROJECTS . . . . . . . . . . . . 46
JOINT TRANSPORTATION COMMITTEE . . . . . . . . . . . . 5
MARINE EMPLOYEES COMMISSION . . . . . . . . . . . . 2, 53
STATE PARKS AND RECREATION COMMISSION . . . . . . . . . . . . 3
STATE TREASURER
     BOND RETIREMENT AND INTEREST . . . . . . . . . . . . 40, 41, 69, 70
     STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 42, 70
     TRANSFERS . . . . . . . . . . . . 42, 70
STATUTORY APPROPRIATIONS . . . . . . . . . . . . 43
TRANSPORTATION COMMISSION . . . . . . . . . . . . 7
TRANSPORTATION IMPROVEMENT BOARD . . . . . . . . . . . . 5, 27
UTILITIES AND TRANSPORTATION COMMISSION . . . . . . . . . . . . 2
WASHINGTON STATE PARKS AND RECREATION
     CAPITAL PROJECTS . . . . . . . . . . . . 4
WASHINGTON STATE PATROL . . . . . . . . . . . . 27
     FIELD OPERATIONS BUREAU . . . . . . . . . . . . 9
     SUPPORT SERVICES BUREAU . . . . . . . . . . . . 56
     TECHNICAL SERVICES BUREAU . . . . . . . . . . . . 10
WASHINGTON TRAFFIC SAFETY COMMISSION . . . . . . . . . . . . 4, 53


         Passed by the Senate April 24, 2005.
         Passed by the House April 24, 2005.
         Approved by the Governor May 9, 2005, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 9, 2005.

     Note: Governor's explanation of partial veto is as follows:

"I am returning, without my approval as to parts of Sections 103(2), page 3; 205(1), page 5; 208(7), page 10; 209(7), page 11; 223(2), pages 19-20; 305(1)(a), page 29; 305(1)(e), page 30; 305(11), page 32; 605, page 49; and 607, page 50 of Engrossed Substitute Senate Bill 6091 entitled:

     "AN ACT Relating to transportation funding and appropriations."

My reasons for vetoing the above-noted sections are as follows:

Section 103(2), page 3, State Parks and Recreation Commission - All-Terrain Vehicle Study
This proviso mandates an extensive study on the existing requirements regarding all-terrain vehicles, their operators, equipment and rules. The Parks and Recreation Commission does not have the expertise or experience to perform this study, and no funding was provided to carry out this mandate.

Section 205(1), page 5, Joint Transportation Committee - Transportation Governance
Through language in this bill section, the Legislature has tasked the newly created Joint Transportation Committee to conduct a unilateral study of the appropriate functions of the Department of Transportation (Department) and the Transportation Commission (Commission). Now that the Department is a cabinet level agency, it is critical that the executive branch exercise its responsibility for reviewing the powers, functions, roles and duties of the Department and the Commission.

The Legislature passed several bills this session that redefine the roles of the Department and the Commission, and the relationship of those agencies to the Legislature. I am directing my staff to work with the Department and the Commission to examine the statutory roles and duties of the agencies, including transportation innovative partnerships, and report back to me with any recommendations for change. I invite the chairs and ranking members of the House and Senate Transportation Committees and the Joint Transportation Committee to join the executive branch in this analysis with the hope that a joint recommendation can be submitted for consideration during the 2006 legislative session.

Section 208(7), page 10, Washington State Patrol Field Operations Bureau - Ferry Security
This proviso imposes a maximum dollar amount on Washington State Patrol expenditures for activities related to ferry security.

Since 2001, the Patrol has increased security for state ferries in response to requirements set by the U.S. Coast Guard. The federal government determines the level of security that must be provided at any point in time by increasing or decreasing national threat level indicators. Limiting ferry security expenditures could prevent the Patrol from responding to federal mandates outside its control.

Although I am vetoing this proviso, I will direct the Patrol to prepare its 2005-07 spending plan using the dollar amounts identified, with any deviation from that plan subject to approval by the Office of Financial Management. In addition, the Patrol will continue to explore options to provide security to the state ferry system in the most cost-effective manner without compromising public safety or the efficiency of this vital segment of the state's transportation system.

Section 209(7), page 11, Washington State Patrol Technical Services Bureau - Ferry Security
Section 209(7) contains the same language limiting expenditures for ferry security as appears in Section 208(7). In order to ensure the spending flexibility necessary for ferry security, I am also vetoing this section.

Section 223(2), pages 19-20, Department of Transportation - Implementation of ESHB 2157 and SB 6089
This section makes funding contingent on two bills, Engrossed Substitute House Bill 2157 and Senate Bill 6089, that did not pass during the 2005 legislative session. Therefore I am vetoing this section.

Section 305(1)(a), page 29, Department of Transportation - Acquisition Plan
Section 305(1)(a) provides funding for acquisition of right-of-way for State Route 502, and directs the Department of Transportation to develop an acquisition plan in conjunction with the city of Battleground. Because none of the project funds can be spent before the plan is agreed to, the Department will not have funding for the cooperative planning effort. Vetoing the proviso allows other funds in Section 305 to be used for initial planning with the city. I have directed the Department to collaborate with Battleground on an acquisition plan to submit for legislative consideration in 2006.

Section 305(1)(e), page 30, Department of Transportation - Freight Corridor Study
A six-year study of the Eastern Washington Freight Corridor (Strategic Freight Transportation Analysis) was completed jointly by the Department of Transportation and Washington State University in 1998. This information was updated in 2004. Since this data has already been collected, there is no reason to perform the study mandated in the budget bill. I am asking the Department to provide a copy of this report to the House and Senate Transportation Committees.

Section 305(11), page 32, Department of Transportation - Removal of Median Barriers
Motorist safety barriers were installed in 2004 to prevent left turns across the highway and reduce the high level of accidents on South Kent Des Moines Road. After the project was completed, the average total collisions per year on this section of State Route 516 declined by 40 percent, injury collisions declined by 45 percent, and driveway and rear-end collisions declined by 58 percent. The City of Kent is currently planning to allow U-turns at Highway 99 to provide access to 30th Avenue South. For safety reasons, I am vetoing the mandate to remove the existing median barriers. I will direct the Department of Transportation to continue working with local government, local businesses and state legislators to develop a solution that maintains safety and improves access.

Section 605, page 49, Department of Transportation - Middle Management Staff Reduction Mandates
The legislative budget includes the middle management cuts that I proposed in my budget, but adds proviso language in Section 605 that limits the Department's discretion in implementing these cuts. Although I agree with the priorities assumed by the Legislature, I believe these additional restrictions represent an unnecessary intrusion into the administrative authority of the Governor, and I am vetoing this language. The actual cut to FTEs and dollars for middle-management positions remains in the budget and is not affected by this veto.

Section 607, page 50, Department of Transportation - Government Accounting Standards Board Compliance
This proviso directs the Department of Transportation to implement the Government Accounting Standards Board (GASB) statement 34 as it relates to asset valuation of the state's highway system. The proviso also requires the department to report additional information beyond what is required by GASB accounting standards. Since the state has already complied with GASB statement 34 for highway assets, I believe this part of the proviso is unnecessary. I am vetoing this section, and directing the Department to work with the Office of Financial Management and interested state legislators to determine if additional financial information has sufficient benefit before we commit to what could be a substantial cost and workload to exceed GASB standards.

Local Freight Projects
Although I am not vetoing section 310(8) relating to funding for freight projects, I do have concerns about the budget's approach to these allocations. Traditionally, this federal funding has been distributed using a collaborative decision process that involved the executive branch, local governments, and legislators. This approach has proved successful in addressing mutual priorities for critical freight projects, and I would prefer to use this mechanism for allocation of the remaining flexible federal funds.

With the exception of those portions of Sections 103(2), page 3; 205(1), page 5; 208(7), page 10; 209(7), page 11; 223(2), pages 19-20; 305(1)(a), page 29; 305(1)(e), page 30; 305(11), page 32; 605, page 49; and 607, page 50 as specified above, Engrossed Substitute Senate Bill 6091 is approved."