CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 6241

Chapter 370, Laws of 2006

(partial veto)

59th Legislature
2006 Regular Session



TRANSPORTATION BUDGET



EFFECTIVE DATE: 3/31/06

Passed by the Senate March 8, 2006
  YEAS 49   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House March 8, 2006
  YEAS 93   NAYS 5

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 SUBSTITUTE SENATE BILL 6241 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved March 31, 2006, with the exception of sections 204, 212(6), 213(5), 214(5), 304(16), 307(8), and 309(19), which are vetoed.





CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
March 31, 2006 - 9:42 a.m.







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 6241
_____________________________________________

AS RECOMMENDED BY THE CONFERENCE COMMITTEE

Passed Legislature - 2006 Regular Session
State of Washington59th Legislature2006 Regular Session

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

READ FIRST TIME 02/17/06.   



     AN ACT Relating to transportation funding and appropriations; amending RCW 47.29.170; amending 2005 c 313 ss 1, 102, 104, 105, 106, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 406, 501, and 603 (uncodified); adding new sections to 2005 c 313 (uncodified); making appropriations and authorizing expenditures for capital improvements; repealing 2005 c 313 s 602 (uncodified); and declaring an emergency.

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

2005-07 BIENNIUM

Sec. 1   2005 c 313 s 1 (uncodified) is amended to read as follows:
     (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. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
     (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   A new section is added to 2005 c 313 (uncodified) to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $217,000

Sec. 102   2005 c 313 s 102 (uncodified) is amended to read as follows:
FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account--State
     Appropriation . . . . . . . . . . . . (($390,000))
       $394,000

     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.

Sec. 103   2005 c 313 s 104 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($329,000))
       $330,000

     The appropriation in this section is subject to the following conditions and limitations: (($329,000)) $330,000 of the motor vehicle account--state appropriation is provided solely for costs associated with the motor fuel quality program.

Sec. 104   2005 c 313 s 105 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($200,000))
       $487,000

     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
)) $200,000 of the motor vehicle account--state 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.
     (2) $236,000 of the motor vehicle account--state appropriation is provided solely for legal expenses related to the Lower Elwha Klallam Tribe v. Washington (graving dock) case.
     (3) $51,000 of the motor vehicle account--state appropriation is provided solely for a pilot project testing remote sensing technology in archeological investigations and surveys for transportation projects.

NEW SECTION.  Sec. 105   A new section is added to 2005 c 313 (uncodified) to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $50,000

     The appropriation in this section is subject to the following conditions and limitations: The total appropriation is provided solely for an evaluation of the current business needs of the legislative transportation fiscal committee staffs with respect to the transportation executive information system (TEIS). The committee shall work with the staffs of the transportation committees, the office of financial management, and the department of transportation to perform the evaluation. Results of the evaluation, including any recommendation for system improvements and usability, shall be submitted to the transportation committees of the legislature and the office of financial management by December 1, 2006.

GENERAL GOVERNMENT AGENCIES--CAPITAL

Sec. 106   2005 c 313 s 106 (uncodified) is amended to read as follows:
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 and bridge 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

Sec. 201   2005 c 313 s 201 (uncodified) is amended to read as follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($2,135,000))
       $2,145,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($15,828,000))
       $15,833,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,300,000
Bicycle and Pedestrian Safety Account--State
     Appropriation . . . . . . . . . . . . $40,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($21,303,000))
       $21,318,000

     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.

Sec. 202   2005 c 313 s 202 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($821,000))
       $823,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,942,000))
       $1,950,000
County Arterial Preservation Account -- State Appropriation . . . . . . . . . . . . (($777,000))
       $780,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($3,540,000))
       $3,553,000

Sec. 203   2005 c 313 s 203 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($1,624,000))
       $1,630,000
Transportation Improvement Account -- State Appropriation . . . . . . . . . . . . (($1,625,000))
       $1,632,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($3,249,000))
       $3,262,000

     *Sec. 204   2005 c 313 s 204 (uncodified) is amended to read as follows:
FOR THE BOARD OF PILOTAGE COMMISSIONERS
Pilotage Account -- State Appropriation . . . . . . . . . . . . (($417,000))
       $1,020,000

     The appropriation in this section is subject to the following conditions and limitations: $500,000 of the appropriation is provided solely for stipends to trainees in the training program as set forth in rules adopted by the board; however, if Engrossed Substitute Senate Bill No. 6870 (pilot trainees stipends) is enacted by June 30, 2006, then $600,000 of the total appropriation provided in this act shall lapse and the appropriation provided in Engrossed Substitute Senate Bill No. 6870 shall govern.
     *Sec. 204 was vetoed. See message at end of chapter.

Sec. 205   2005 c 313 s 205 (uncodified) is amended to read as follows:
FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,400,000))
       $1,679,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1)(a) $200,000 of the total appropriation is provided solely for the joint transportation committee to conduct a finance study of the Washington state ferry system. The purpose of the study is to facilitate policy discussions and decisions by members of the legislature regarding the Washington state ferry system. The legislature recognizes there is a need within the Washington state ferry system for predictable cash flows, transparency, assessment of organizational structure, verification that the Washington state ferry system is operating at maximum efficiency, and better labor relations. The committee shall report the study to the house of representatives and senate transportation committees by January 1, 2007.
     (b) The study must include, at a minimum, a review and evaluation of the ferry system's financial plan, including current assumptions and past studies, in the following areas:
     (i) Operating program, including ridership, revenue, and cost forecasts and the accuracy of those forecasts; and
     (ii) Capital program, including project scoping, prioritization and cost estimating, project changes including legislative input regarding significant project changes, and performance measures.
     (c) In addition to committee members, or their designees, the governor shall appoint a representative for this study. The committee may retain consulting services to assist the committee in conducting the study, including the evaluation of financial, operating, and capital plans. The committee may also appoint other persons to assist with the study.

     (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.
     (5) $75,000 of the motor vehicle account--state appropriation is provided solely for the joint transportation committee to contract for a review of existing research on programs and policies which decrease accidents by teenage drivers, including but not limited to publicly operated driver education and intermediate drivers licensing programs. The institute shall also evaluate the costs and benefits of programs and policies showing the greatest positive impact on teenage driving safety.
     (6) The committee shall conduct an evaluation of the department of transportation surface transportation program enhancement grant program. The evaluation will include (a) information about the categories of projects submitted for consideration; (b) a review of the allocation of funds awarded across the categories of STP enhancement eligible activities; (c) a review of the criteria used to score projects; and (d) a finding by the committee whether certain categories of projects are disproportionately funded or unfunded.

Sec. 206   2005 c 313 s 206 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($4,607,000))
       $3,954,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . (($1,150,000))
       $1,252,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($5,757,000))
       $5,206,000

     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)) $1,362,000 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.
     (4) The transportation commission shall implement tolls on the Tacoma Narrows bridge that create an incentive for electronic toll payers.

Sec. 207   2005 c 313 s 207 (uncodified) is amended to read as follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($664,000))
       $666,000

     The appropriation in this section is subject to the following conditions and limitations: The board shall, on a quarterly basis, provide status reports to the legislature on the delivery of projects funded by this act.

Sec. 208   2005 c 313 s 208 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL -- FIELD OPERATIONS BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($202,530,000))
       $201,063,000
State Patrol Highway Account -- Federal Appropriation . . . . . . . . . . . . $10,544,000
State Patrol Highway Account -- Private/Local Appropriation . . . . . . . . . . . . $169,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($213,243,000))
       $211,776,000

     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.
     (((8))) (7) 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.
     (8)(a) $834,000 of the state patrol highway account--state appropriation is provided solely for the collective bargaining agreement reached between the governor and the Washington state patrol troopers association under chapter 438, Laws of 2005. For commissioned troopers and sergeants covered under this section, funding is provided for a 2.6% salary increase effective July 1, 2006. This increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Provisions of the collective bargaining agreement contained in this subsection are described in general terms. Only major economic terms are included in this description. This description does not contain the complete contents of the agreement. Due to the timing challenges in negotiating the initial collective bargaining agreement under chapter 438, Laws of 2005, this agreement was not concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.
     (b) $62,000 of the state patrol highway account--state appropriation is provided solely for salary increases for commissioned captains and lieutenants covered under this section, if a new collective bargaining agreement is reached between the governor and the Washington state patrol lieutenants association by July 1, 2006. The amount provided in this subsection is contingent on an agreement being reached by July 1, 2006, and shall be held in reserve status until the agreement is reached. If an agreement is not reached by July 1, 2006, the amount provided in this subsection shall lapse. If an agreement is reached by July 1, 2006, the increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Due to the timing challenges in negotiating a collective bargaining agreement funded under this subsection, the agreement will not have been concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.
     (9) The Washington state patrol, in consultation with the department of licensing, local law enforcement agencies, and other appropriate organizations, shall study the options for implementing an inspection program for tow truck operators that are not licensed as registered tow truck operators. This study shall also evaluate prospective sources of funding and the amount of funding necessary for the program. The Washington state patrol shall report to the transportation committees of the legislature by December 1, 2006, on the options, strategies, and recommendations for implementing an inspection program for tow truck operators that are not licensed as registered tow truck operators.
     (10) $2,040,000 of the state patrol highway account--state appropriation is provided solely for eighteen additional commissioned officers in the vessel and terminal security division.
     (11) The office of financial management shall conduct a review of the state patrol highway account and report its findings to the legislature by January 1, 2007.

NEW SECTION.  Sec. 209   A new section is added to 2005 c 313 (uncodified) to read as follows:
     FOR THE WASHINGTON STATE PATROL -- INVESTIGATIVE SERVICES BUREAU
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . $1,358,000

Sec. 210   2005 c 313 s 209 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE PATROL -- TECHNICAL SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($82,748,000))
       $91,359,000
State Patrol Highway Account -- Private/Local
     Appropriation . . . . . . . . . . . . $2,008,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($84,756,000))
       $93,367,000

     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))) (4) $5,254,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.
     (((6))) (5) $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.
     (6)(a) $28,000 of the state patrol highway account--state appropriation is provided solely for the collective bargaining agreement reached between the governor and the Washington state patrol troopers association under chapter 438, Laws of 2005. For commissioned troopers and sergeants covered under this section, funding is provided for a 2.6% salary increase effective July 1, 2006. This increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Provisions of the collective bargaining agreement contained in this subsection are described in general terms. Only major economic terms are included in this description. This description does not contain the complete contents of the agreement. Due to the timing challenges in negotiating the initial collective bargaining agreement under chapter 438, Laws of 2005, this agreement was not concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.
     (b) $2,000 of the state patrol highway account--state appropriation is provided solely for salary increases for commissioned captains and lieutenants covered under this section, if a new collective bargaining agreement is reached between the governor and the Washington state patrol lieutenants association by July 1, 2006. The amount provided in this subsection is contingent on an agreement being reached by July 1, 2006, and shall be held in reserve status until the agreement is reached. If an agreement is not reached by July 1, 2006, the amount provided in this subsection shall lapse. If an agreement is reached by July 1, 2006, the increase supersedes the fiscal year 2007 increase granted under section 501, chapter 313, Laws of 2005. Due to the timing challenges in negotiating a collective bargaining agreement funded under this subsection, the agreement will not have been concluded by the October 1st statutory deadline. However, the legislature does not intend to fund bargaining agreements concluded after the October 1st deadline, or other salary increases not included in the governor's budget proposal, in future biennia.

Sec. 211   2005 c 313 s 210 (uncodified) is amended to read as follows:
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))
       $95,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($11,418,000))
       $11,574,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($7,043,000))
       $7,381,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . (($88,000))
       $102,000
((Biometric Security Account -- State Appropriation . . . . . . . . . . . . $57,000))
          TOTAL APPROPRIATION . . . . . . . . . . . . (($18,787,000))
       $19,251,000

     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.

     *Sec. 212   2005 c 313 s 211 (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 . . . . . . . . . . . . $35,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $102,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($20,698,000))
       $22,632,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($12,095,000))
       $12,135,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $500,000
DOL Services Account -- State Appropriation . . . . . . . . . . . . (($7,825,000))
       $5,919,000
((Biometric Security Account -- State Appropriation . . . . . . . . . . . . $728,000))
          TOTAL APPROPRIATION . . . . . . . . . . . . (($41,985,000))
       $41,325,000

     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.
     (5) $8,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 6287 (parking privileges for persons who are legally blind). If Substitute Senate Bill No. 6287 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
     (6) $15,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2389 (parking privileges for persons with porphyria). If Substitute House Bill No. 2389 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
     (7) $12,000 of the highway safety account--state appropriation is provided solely for the implementation of House Bill No. 2829 (driver training schools). If House Bill No. 2829 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
     *Sec. 212 was partially vetoed. See message at end of chapter.

     *Sec. 213   2005 c 313 s 212 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- VEHICLE SERVICES
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $26,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($626,000))
       $627,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($49,894,000))
       $51,276,000
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))
       $54,351,000

     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.
     (4) $37,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute Senate Bill No. 6287 (parking privileges for persons who are legally blind). If Substitute Senate Bill No. 6287 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
     (5) $5,000 of the motor vehicle account--state appropriation is provided solely for the implementation of Substitute House Bill No. 2389 (parking privileges for persons with porphyria). If Substitute House Bill No. 2389 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
     (6) The department of licensing, in consultation with the department of transportation, Washington state patrol, local law enforcement agencies, and other appropriate organizations, shall study the feasibility of creating a toll-free hotline for the public to report violations of accessible parking laws, including RCW 46.16.381 and 46.61.581. A report on the findings of this study is due to the transportation committees of the legislature by December 1, 2006, and shall include recommendations on how to disseminate and publicize information to the public that explains the existence, purpose, and method of accessing such a hotline, and how to partner with appropriate law enforcement agencies in the jurisdiction in which alleged violations occurred. In making recommendations regarding the potential establishment of an accessible parking violation hotline, the department of licensing shall consider how to utilize or partner with existing statewide and regional hotlines.
     *Sec. 213 was partially vetoed. See message at end of chapter.

     *Sec. 214   2005 c 313 s 213 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF LICENSING -- DRIVER SERVICES
Motorcycle Safety Education Account -- State
     Appropriation . . . . . . . . . . . . (($3,005,000))
       $3,006,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($85,051,000))
       $87,078,000
Highway Safety Account--Federal Appropriation . . . . . . . . . . . . $8,000
((Biometric Security Account -- State Appropriation . . . . . . . . . . . . $1,523,000))
          TOTAL APPROPRIATION . . . . . . . . . . . . (($89,587,000))
       $90,092,000

     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.
     (4) $738,000 of the highway safety account--state appropriation is provided solely for the implementation of House Bill No. 2829 (driver training schools). If House Bill No. 2829 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
     (5) The department shall join in any lawsuits filed by other states seeking funding to implement the provisions of Title II of P.L. 109-13, improved security for driver's license and personal identification cards (Real ID), as passed by Congress May 10, 2005, whenever the department is legally and ethically permitted to do so.
     (6) The department shall coordinate with the federally designated organ procurement organization for Washington state to develop instructional materials relating to organ and tissue donation awareness education. The instructional materials shall be provided to each qualifying applicant for an instructor's license or a driver training school license. All costs associated with the development, distribution, and implementation of the instructional materials shall be the responsibility of the foundation established under RCW 46.12.510.
     *Sec. 214 was partially vetoed. See message at end of chapter.

Sec. 215   2005 c 313 s 214 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION--TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
Tacoma Narrows Toll Bridge Account -- State Appropriation . . . . . . . . . . . . (($8,615,000))
       $8,294,000

Sec. 216   2005 c 313 s 215 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($55,941,000))
       $56,295,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $1,973,000
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . (($8,558,000))
       $8,572,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $363,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($66,835,000))
       $67,203,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) (($850,000)) $800,000 of the motor vehicle account--state appropriation is provided solely for the continued maintenance and support of the transportation executive information system (TEIS). The TEIS shall be enhanced during the ((2005)) 2006 legislative interim to continue the 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. The department shall provide updated information on six project milestones for all active projects, funded in part or in whole with 2005 transportation partnership account funds or 2003 nickel account funds, on a quarterly basis in TEIS. The department shall also provide updated information on six project milestones for projects agreed to by the legislature, office of financial management, and the department, and funded with preexisting funds, on a quarterly basis in TEIS.
     (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.
     (3) The department shall consult with the office of financial management and the department of information services to ensure that (a) the department's current and future system development is consistent with the overall direction of other key state systems; and (b) when possible, use or develop common statewide information systems to encourage coordination and integration of information used by the department and other state agencies and to avoid duplication.
     (4) The department shall review its GPS network services and survey data, and evaluate the added benefits of using real-time data from a regional cooperative GPS network.
     (5) The department shall report to the joint transportation committee by November 15, 2006, on the plan for the next phase of the critical applications systems replacement project.

Sec. 217   2005 c 313 s 216 (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 . . . . . . . . . . . . (($33,499,000))
       $33,600,000

Sec. 218   2005 c 313 s 217 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($5,632,000))
       $7,137,000
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))
       $10,287,000

     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.

Sec. 219   2005 c 313 s 218 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($48,961,000))
       $52,828,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Account -- State Appropriation . . . . . . . . . . . . $250,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($49,711,000))
       $53,578,000

     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)) $1,775,000 of the motor vehicle account--state appropriation is provided solely for the staffing activities of the transportation permit efficiency and accountability committee.
     (3) $3,500,000 of the motor vehicle account--state appropriation is provided solely for consultant contracts to assist the department in the delivery of the capital construction program by identifying improvements to program delivery, program management, project controls, program and project monitoring, forecasting, and reporting. The consultants shall work with the department of information services and include department of information services' recommendations in their reports.
     The consultants shall develop a capital construction strategic plan, due to the transportation committees of the house of representatives and senate and to the office of financial management, by June 30, 2006.
     The consultants shall also coordinate their work with other budget and performance efforts, including Roadmap, the joint transportation committee budget study, the findings of the critical applications modernization and integration strategies study, including proposed next steps, and the priorities of government process.
     The department shall report to the transportation committees of the house of representatives and senate, and the office of financial management, by July 31, 2006, on recommended capital budgeting and reporting options. Options must include appropriate project groupings for reporting purposes, and appropriate measures for reporting project progress, timeliness, cost, and criteria and processes for project transfers.

Sec.220   2005 c 313 s 219 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,068,000))
       $1,072,000

Sec. 221   2005 c 313 s 220 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($296,648,000))
       $299,720,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $1,426,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $4,315,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($302,389,000))
       $305,461,000

     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.

Sec. 222   2005 c 313 s 221 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($42,811,000))
       $43,847,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $128,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($44,989,000))
       $46,025,000

     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.

Sec. 223   2005 c 313 s 222 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,434,000))
       $25,516,000
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))
       $27,840,000

Sec. 224   2005 c 313 s 223 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($22,390,000))
       $24,052,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $16,756,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . (($2,267,000))
       $2,279,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . $2,829,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $100,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . (($6,000,000))
       $2,300,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($50,342,000))
       $48,316,000

     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.
     (((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)
)) (2) $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))) (3) $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))) (4) 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))) (5) $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.
     (6) $700,000 of the motor vehicle account--state appropriation is provided solely for completing funding for a route development plan of U.S. route 2.
     (7) The department shall conduct a study of the resources allocated to each of the seven department regions and the corresponding workloads. Given the magnitude of the investments in the Puget Sound region, particular emphasis shall be given to reviewing the resources allocated and corresponding workloads with respect to the urban corridors region and the northwest region. Based on the results of this study, the department shall submit recommendations by December 1, 2006, to the legislature and the office of financial management regarding reallocating resources and revising regional boundaries within the department, as appropriate, in order to better coincide allocated resources with designated regional boundaries.
     (8) $750,000 of the multimodal transportation account--state appropriation is provided solely for implementing Engrossed Substitute House Bill No. 2871. If Engrossed Substitute House Bill No. 2871 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse. The regional transportation commission's duties to develop, complete, and submit a governance proposal to the 2007 legislature are highly time sensitive. As a result, the legislature finds that competitive bidding is not cost-effective or appropriate for personal service contracts entered into by the commission, and that the director of the office of financial management should, by the director's authority under RCW 39.29.011(5), exempt any such personal service contract from the competitive bidding requirements of chapter 39.29 RCW.
     (9) $2,300,000 of the transportation partnership account--state appropriation is provided solely for the costs of the regional transportation investment district (RTID) and department of transportation project oversight. The department shall provide support from its urban corridors region to assist in preparing project costs, expenditure plans, and modeling. The department shall not deduct a management reserve, nor charge management or overhead fees. 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.
     (10) $100,000 of the motor vehicle account--state appropriation is provided solely to the department in accordance with RCW 46.68.110(2) and 46.68.120(3) and shall be used by the department solely to conduct an analysis of expanding the transportation concurrency requirements prescribed under the growth management act, chapter 36.70A RCW, to include development impacts on level of service standards applicable to state-owned transportation facilities, including state highways and state ferry routes. The objective of the analysis is to determine how to ensure that jurisdictional divisions do not defeat growth management act concurrency goals. The department shall convene a committee to oversee the analysis, with the committee comprised of, at a minimum, four members of the transportation committees of the legislature, four members of the appropriate land use committees of the legislature, and one member each from the association of Washington cities and the Washington state association of counties, or a designee thereof. The completed study, including recommendations, must be submitted to the appropriate standing committees of the legislature, and to the office of financial management, by December 1, 2006.
     (11) The department of transportation, the Washington state economic revenue forecast council, and the office of financial management shall review and adopt a method of forecasting motor vehicle and special fuel prices, revenue, and the amount of consumption that has an increased rate of accuracy as compared to the existing method. The three agencies shall submit a report to the transportation committees of the legislature by December 1, 2006, outlining the methods researched and the criteria utilized to select and adopt the new fuel forecasting method.
     (12) $150,000 of the multimodal transportation account--state appropriation is provided solely for a transportation demand management program, developed by the Whatcom council of governments, to further reduce drive-alone trips and maximize the use of sustainable transportation choices. The community based program must focus on all trips, not only commute trips, by providing education, assistance, and incentives to four target audiences: (a) Large work sites; (b) employees of businesses in downtown areas; (c) school children; and (d) residents of Bellingham.

Sec. 225   2005 c 313 s 224 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($45,030,000))
       $46,874,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($45,430,000))
       $47,274,000

     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))
       $1,026,000
     (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))
       $4,548,000
     (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))
       $1,124,000
     (i) FOR PAYMENT OF THE DEPARTMENT OF PERSONNEL
HRMS PAYROLL SYSTEM . . . . . . . . . . . . $817,000
     (j) FOR PAYMENT OF THE OFFICE OF FINANCIAL
MANAGEMENT ROADMAP CHARGES . . . . . . . . . . . . $12,000
     (k) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT
CAPITAL BUDGET SYSTEM CHARGES . . . . . . . . . . . . $15,000
     (l) FOR PAYMENT OF DEPARTMENT OF INFORMATION SERVICES
RATE INCREASES . . . . . . . . . . . . $5,000

Sec. 226   2005 c 313 s 225 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($62,269,000))
       $87,233,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . $2,603,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $155,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($65,027,000))
       $89,991,000

     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)) $8,900,000 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)(a) $20,000,000 of the multimodal transportation account--state appropriation is provided solely for the regional mobility grant projects identified on the LEAP Transportation Document 2006-D, Regional Mobility Grant Program Projects as developed March 8, 2006. 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 funds, but does not report activity on the project within one year of the grant award, shall be reviewed by the department to determine whether the grant should be terminated. The department shall 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. 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, the department shall expeditiously extend new grant awards to qualified alternative projects identified on the list.
     (b)
Pursuant to the grant program established in ((Engrossed Substitute House Bill No. 2124)) RCW 47.66.030, 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.
     (9) $750,000 of the multimodal transportation account--state appropriation is provided solely for the implementation of the local government and regional transportation planning requirements in Engrossed Substitute Senate Bill No. 6566 (commute trip reduction). The department may use contract or temporary employees to implement the bill and shall allocate the remaining funds to regional transportation planning organizations, counties, and cities on an as needed basis. If Engrossed Substitute Senate Bill No. 6566 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.
     (10) $200,000 of the multimodal account appropriation is provided solely for up to three low-income car ownership programs. The department shall seek to leverage available federal funds from the job access and reverse commute program to augment the funding provided in this subsection. Additionally, the department shall report back to the appropriate committees of the legislature with a review of the obstacles presented by state laws on surplus property disposal to community organizations reconditioning cars and selling those cars at below market rates to low-income families.

Sec. 227   2005 c 313 s 226 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
     Appropriation . . . . . . . . . . . . (($350,454,000))
       $372,254,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $3,660,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($354,114,000))
       $375,914,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) (($57,928,000)) $75,280,000 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).)) The maximum amount of expenditures for compensation paid to ferry employees during the 2005-2007 biennium shall not exceed $226,455,000. This amount reflects the sole source of state funding available to support the implementation of any collective bargaining agreements or arbitration awards with respect to state ferry employee compensation, including salaries, wages, and employee benefits, during the 2005-2007 biennium, which amount includes $6,223,000 in full satisfaction of the arbitration awards for the 2001-2003 biennium and $1,339,000 for labor productivity gains agreements. The department's use of this expenditure authority constitutes a good faith attempt to implement such agreements and awards, including those applicable to prior biennia. It is the intent of the legislature that the expenditure authority provided in this subsection fully satisfy any agreements or awards required to be implemented during the 2005-2007 biennium, and that the provisions of Substitute House Bill No. 3178 (marine employees collective bargaining) will govern the implementation of agreements or awards effective beginning with the 2007-2009 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 state administrative and accounting manual, chapter 75.70, named under objects of expenditure "A" and "B".
     (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)) until such time as a county ferry district's assumption of the route, as authorized by Substitute Senate Bill No. 6787. 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.))
     (7) $350,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the implementation of Substitute House Bill No. 3178 (marine employees collective bargaining). If Substitute House Bill No. 3178 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.

Sec. 228   2005 c 313 s 227 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- OPERATING
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($36,420,000))
       $36,876,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1)(a) $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. Upon completion of the rail platform project in the city of Stanwood, the department shall provide daily Amtrak Cascades service to the city.
     (b) The department shall negotiate with Amtrak and Burlington Northern Santa Fe to adjust the Amtrak Cascades schedule to leave Bellingham at a significantly earlier hour.

     (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)) $40,000 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.
     (5) $500,000 of the multimodal transportation account--state appropriation is provided solely for a study of the realignment of highway and rail in the Longview industrial area (SR 432) corridor, specifically regarding whether the construction of a limited access bypass highway to reduce congestion resulting from anticipated growth in future rail and truck traffic, is a feasible alternative. In conducting the study, the department shall consult port districts, local government planning staff, and rail road companies, and other appropriate stakeholders.
     (6) $60,000 of the multimodal transportation account--state appropriation is provided solely for a study of the need for transloading capabilities in the West Plains area that could be served by the Geiger Spur, including evaluation of prospective transloader sites, potential operators and users, and the type, size, and special needs of shippers/customers. The study must also evaluate the costs associated with building and operating a transloader site and the impact to local roadways and surrounding land uses. In conducting the study, the department shall consult with Spokane County.

Sec. 229   2005 c 313 s 228 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($7,947,000))
       $8,500,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,597,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . (($211,000))
       $411,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($10,755,000))
       $11,508,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $211,000 of the motor vehicle account--state appropriation and (($211,000)) $411,000 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.
     (2) $525,000 of the motor vehicle account--state appropriation is provided solely 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 contract services with the association of Washington cities and the Washington state association of counties for improving transportation permitting and mitigation processes.

TRANSPORTATION AGENCIES--CAPITAL

Sec. 301   2005 c 313 s 302 (uncodified) is amended to read as follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($67,933,000))
       $64,933,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $355,000
County Arterial Preservation Account -- State
     Appropriation . . . . . . . . . . . . (($30,392,000))
       $32,697,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($98,680,000))
       $97,985,000

     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).

Sec. 302   2005 c 313 s 303 (uncodified) is amended to read as follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($99,425,000))
       $101,425,000
Small City Preservation and Sidewalk
     Account -- State Appropriation . . . . . . . . . . . . $2,000,000
Transportation Improvement Account -- State
     Appropriation . . . . . . . . . . . . (($103,601,000))
       $94,401,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($205,026,000))
       $197,826,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The transportation improvement account -- state appropriation includes up to $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).

Sec. 303   2005 c 313 s 304 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,492,000))
       $2,328,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) (($601,000)) $584,000 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)) $305,000 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)) $239,000 of the motor vehicle account--state appropriation is provided solely for the designing of the northwest regional maintenance complex in Seattle.
     (5) (($833,000)) $568,000 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.

     *Sec. 304   2005 c 313 s 305 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Transportation 2003 Account (Nickel Account) -- State
     Appropriation . . . . . . . . . . . . (($1,175,004,000))
       $1,190,511,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($70,359,000))
       $85,165,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($229,036,000))
       $395,043,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($33,893,000))
       $58,522,000
Special Category C Account--State Appropriation . . . . . . . . . . . . (($3,419,000))
       $3,479,000
Tacoma Narrows Toll Bridge Account Appropriation . . . . . . . . . . . . (($272,329,000))
       $274,038,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . (($519,786,000))
       $384,186,000
Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . $1,002,000

          TOTAL APPROPRIATION . . . . . . . . . . . . (($2,303,826,000))
       $2,391,946,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1)(a) 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)) 2006-1, Highway Improvement Program (I) as developed ((April 24, 2005)) March 8, 2006. 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, (($5,000,000)) $6,835,000 of the transportation partnership account--state appropriation ((is provided solely)), $5,002,000 of the transportation 2003 account (nickel account)--state appropriation, and $2,645,000 of the motor vehicle account--federal appropriation are for project ((109040S)) 109040T: I-90/Seattle to Mercer Island – Two way transit/HOV. Expenditure of these funds on construction 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.
     (f) Within the amounts provided within this subsection, (($435,000,000)) $6,000,000 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.
     (g) Within the amounts provided in this subsection, $12,841,000 of the transportation 2003 account (nickel account)--state appropriation and $4,939,000 of the transportation partnership account--state appropriation are 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 $8,061,000 will be provided in the 2007-09 biennium from the transportation partnership account.
     (h) Within the amounts provided in this subsection, $19,262,149 of the motor vehicle account--federal appropriation and $1,873,478 of the transportation 2003 account (nickel account) appropriation are for project 154302E: SR 543 (I-5 to the international boundary).

     (2) The motor vehicle account--state appropriation includes (($53,000,000)) up to $50,000,000 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.)) The department shall not commence construction on any part of the state route number 520 bridge replacement and HOV project until a record of decision has been reached providing reasonable assurance that project impacts will be avoided, minimized, or mitigated as much as practicable to protect against further adverse impacts on neighborhood environmental quality as a result of repairs and improvements made to the state route 520 bridge and its connecting roadways, and that any such impacts will be addressed through engineering design choices, mitigation measures, or a combination of both. The requirements of this section shall not apply to off-site pontoon construction supporting the state route number 520 bridge replacement and HOV project.
     (4) The transportation partnership account--state appropriation includes (($400,000,000)) up to $150,000,000 in proceeds from the sale of bonds authorized ((by Substitute House Bill No. 2311 (or the version as enacted into law))) in RCW 47.10.873. ((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 up to $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)) up to $17,022,000 in unexpended proceeds from the ((January 2003)) March 2005 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)) up to $880,000,000 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)
)) (7) The department shall, on a quarterly basis beginning July 1, 2005, provide to the office of financial management and 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)). Other projects may be reported on a programmatic basis. The department shall work with the office of financial management and 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 on a quarterly basis via the transportation executive information systems (TEIS).
     (((9))) (8) 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))) (9) 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.
     (((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.))
     (10) The motor vehicle account--state appropriation includes up to $14,214,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.843.
     (11) The special category C account--state appropriation includes up to $1,710,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.812.
     (12) The department should consider using mitigation banking on appropriate projects whenever possible, without increasing the cost to projects. The department should consider using the advanced environmental mitigation revolving account (AEMRA) for corridor and watershed based mitigation opportunities, in addition to project specific mitigation.
     (13) $500,000 of the motor vehicle account--state appropriation is provided solely for a planning study regarding congestion mitigation improvements on state route 101 in the vicinity of the city of Aberdeen.
     (14) $6,200,000 of the motor vehicle account--federal appropriation is provided solely for eastern Washington international border crossing and freight mobility projects, including pavement preservation, pavement structural strengthening, and other safety enhancements. Projects shall include funding for U.S. route 97 international border vicinity paving and improvement projects.
     (15) $3,509,738 of the motor vehicle account--federal appropriation and $30,793 of the motor vehicle account--state appropriation are provided solely for project 100598C: I-5 Blaine Exit interchange improvements.

     (16) $250,000 of the transportation 2003 (nickel) account appropriation within the SR 520 project funding for project design is provided solely for the city of Seattle to prepare a plan for addressing the impacts of the SR 520 bridge replacement and HOV project on Seattle neighborhoods, parks, and institutions of higher education. In evaluating the project's impacts, the city shall give great weight to the concerns of neighborhoods and institutions of higher education impacted by design proposals. The mayor and council shall convene the advisory committee. The mayor and council shall have final approval of the plan. The legislature intends that the plan will allow a comprehensive approach to mitigating the impacts of the project and that the city presents the plan to the state department of transportation. The state department of transportation shall not commence construction on any part of the SR 520 bridge replacement and HOV project until agreements have been reached with the city, consistent with the 520 expansion impact plan.
     The city must designate representation from the community council of each neighborhood impacted by the SR 520 bridge replacement and HOV project and representation from the arboretum to serve on an advisory committee to guide the planning process and plan preparation of the 520 expansion impact plan. The University of Washington shall designate a representative to serve on the advisory committee. The secretary of the state department of transportation shall designate a representative to serve on the advisory committee. The funds provided may be spent to contract with a consultant to: (a) Facilitate the activities of the advisory committee; (b) analyze impacts of alternative designs; (c) perform conceptual design work on proposals made by the advisory committee; and (d) prepare mitigation plans for alternative design concepts.

     (17) The legislature recognizes that the finance and project implementation planning processes required for the Alaskan Way viaduct and Seattle Seawall replacement project and the SR 520 bridge replacement and HOV project cannot guarantee appropriate decisions unless key study assumptions are reasonable with respect to each project.
     To assure appropriate finance plan and project implementation plan assumptions, an expert review panel shall be appointed to provide independent financial and technical review for development of a finance plan and project implementation plan for the projects described in this subsection.
     (a) The expert review panel shall consist of five to ten members who are recognized experts in relevant fields, such as planning, engineering, finance, law, the environment, emerging transportation technologies, geography, and economics.
     (b) The expert review panel shall be selected cooperatively by the chairs of the senate and house transportation committees, the secretary of the department of transportation, and the governor to assure a balance of disciplines.
     (c) The chair of the expert review panel shall be designated by the governor.
     (d) The expert panel shall, with respect to completion of the project alternatives as described in the draft environmental impact statement of each project:
     (i) Review the finance plan for the project to ensure that it clearly identifies secured and anticipated funding sources and is feasible and sufficient;
     (ii) Review the project implementation plan covering all state and local permitting and mitigation approvals that ensure the most expeditious and cost-effective delivery of the project; and
     (iii) Report its findings and recommendations on the items described in (d)(i) and (ii) of this subsection to the joint transportation committee, the office of financial management, and the governor no later than September 1, 2006.
     (e) Upon receipt of the expert review panel's findings and recommendations under (d)(iii) of this subsection, the governor must make a finding of whether each finance plan is feasible and sufficient to complete the project as described in the draft environmental impact statement.
     (f) Nothing in this section shall be interpreted to delay construction of any of the projects referenced in this subsection.
     (18)(a) Prior to commencing construction on either project, the department of transportation must complete all of the following requirements for both the Alaskan Way viaduct and Seattle Seawall replacement project, and the state route number 520 bridge replacement and HOV project: (i) In accordance with the national environmental policy act, the department must designate the preferred alternative, prepare a substantial project mitigation plan, and complete a comprehensive cost estimate review using the department's cost estimate validation process, for each project; (ii) in accordance with all applicable federal highway administration planning and project management requirements, the department must prepare a project finance plan for each project that clearly identifies secured and anticipated fund sources, cash flow timing requirements, and project staging and phasing plans if applicable; and (iii) the department must report these results for each project to the joint transportation committee.
     (b) The requirements of this subsection shall not apply to (i) utility relocation work, and related activities, on the Alaskan Way viaduct and Seattle Seawall replacement project and (ii) off-site pontoon construction supporting the state route number 520 bridge replacement and HOV project.

     *Sec. 304 was partially vetoed. See message at end of chapter.

Sec. 305   2005 c 313 s 306 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation 2003 Account (Nickel Account) -- State
     Appropriation . . . . . . . . . . . . (($10,622,000))
       $1,687,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($76,824,000))
       $94,799,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($404,360,000))
       $435,310,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($6,656,000))
       $8,485,000
Puyallup Tribal Settlement Account--State
     Appropriation . . . . . . . . . . . . $11,000,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . (($139,533,000))
       $24,540,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($648,995,000))
       $575,821,000

     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)) 2006-1, Highway Preservation Program (P) as developed ((April 24, 2005)) March 8, 2006. 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)) 11th 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)) $740,000 of the motor vehicle account--state appropriation, (($95,299,000)) $106,149,000 of the motor vehicle account--federal appropriation, and (($113,591,000)) $10,305,000 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)) up to $735,000 in unexpended 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 office of financial management and 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)). Other projects may be reported on a programmatic basis. The department shall work with the office of financial management and 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 on a quarterly basis via the transportation executive information systems (TEIS).
     (7) The motor vehicle account--state appropriation includes up to $912,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.843.
     (8) The motor vehicle account--state appropriation includes up to $6,000,000 in proceeds from the sale of bonds authorized by RCW 47.10.843.
     (9) $4,000,000 of the motor vehicle account--federal appropriation and $6,000,000 of the motor vehicle account--state appropriation are for expenditures on damaged state roads due to flooding, mudslides, rock fall, or other unforeseen events. Slide repair on state routes 101, 4, 107, and 105 must be funded from this amount if federal emergency funds are not available.

Sec. 306   2005 c 313 s 307 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($17,519,000))
       $17,555,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $15,068,000
Motor Vehicle Account--Local Appropriation . . . . . . . . . . . . $108,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($32,695,000))
       $32,731,000

     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.

     *Sec. 307   2005 c 313 s 308 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
     Appropriation . . . . . . . . . . . . (($153,184,000))
       $122,324,000
Puget Sound Capital Construction Account -- Federal
     Appropriation . . . . . . . . . . . . (($59,967,000))
       $73,590,000
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))
       $34,991,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($261,413,000))
       $244,180,000

     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)) up to $40,950,000 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 up to $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)) 2006-1, Ferries Construction Program (W) as developed ((April 24, 2005)) March 8, 2006. 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 office of financial management and 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)) for passenger-only projects. Projects may include vessel or terminal projects or costs associated with selling vessels.
     (7) The multimodal transportation account--state appropriation includes up to $1,170,000 in unexpended proceeds from the sale of bonds authorized in RCW 47.10.867.
     (8) $37,117,000 of the Puget Sound capital construction account--state appropriation is for the initial procurement of four 144-vehicle auto-passenger ferry vessels using the process outlined in Substitute
Senate Bill No. 6853 and is contingent upon the enactment of Substitute Senate Bill No. 6853.

     *Sec. 307 was partially vetoed. See message at end of chapter.

Sec. 308   2005 c 313 s 309 (uncodified) is amended to read as follows:
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))
       $68,176,000
Multimodal Transportation Account -- Private/Local
     Appropriation . . . . . . . . . . . . $8,287,000
Multimodal Transportation Account -- Federal
     Appropriation . . . . . . . . . . . . (($11,966,000))
       $17,268,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($88,161,000))
       $93,981,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) The multimodal transportation account -- state appropriation includes up to $33,435,000 in proceeds from the sale of bonds and up to $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)) $68,176,000 of the multimodal transportation account--state appropriation, (($11,966,000)) $17,268,000 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)) 2006-C, Rail Capital Program (Y) as developed ((April 23, 2005)) March 8, 2006. 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)) 2006-C, Rail Capital Program (Y) as developed ((April 24, 2005)) March 8, 2006.
     (c) The office of financial management shall negotiate the purchase of the CW line. The purchase agreement must include both the operating and capital rights of the CW line. If the office of financial management is unable to negotiate the purchase of the CW line, the office may stop all negotiations and acquire the line and operational rights through any other alternative means available. The office of financial management shall also negotiate a new operational agreement for the line, in consultation with local governments and other stakeholders.
     (d) The office of financial management shall negotiate the purchase of the operating rights of the P&L and PV Hooper lines. If the office of financial management is unable to negotiate the purchase of the operating rights of the P&L and PV Hooper lines, the office may stop all negotiations and acquire the operating rights through any other alternative means available. The office of financial management shall also negotiate new operational agreement(s) for the P&L and PV Hooper lines in consultation with local governments and other stakeholders.
     (e) In order to maintain the operation of the Palouse River & Coulee City rail lines, the office of financial management is authorized to negotiate an agreement wherein they may forgive all or part of the existing freight rail assistance loan to the current operator of the Palouse River & Coulee City rail lines in exchange for good and valuable consideration.

     (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.
     (6) The department shall finalize and issue the Amtrak Cascades long range plan update as of the effective date of this act.
     (7) Funds provided for the Tacoma rail improvement project may be expended for preconstruction engineering.
     (8) $2,500,000 of the multimodal transportation account--state appropriation is provided solely for a rail loop at the Port of Walla Walla.

     *Sec. 309   2005 c 313 s 310 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal Appropriation . . . . . . . . . . . . $1,602,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . (($18,221,000))
       $48,998,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($6,702,000))
       $8,340,000
Transportation Partnership Account--State Appropriation . . . . . . . . . . . . $2,008,000

Freight Mobility Investment Account -- State
     Appropriation . . . . . . . . . . . . (($12,000,000))
       $6,000,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $9,000,000

Multimodal Transportation Account -- State
     Appropriation . . . . . . . . . . . . (($36,002,000))
       $39,403,000
Transportation 2003 Account (nickel account)--State
     Appropriation . . . . . . . . . . . . $557,000
Freight Mobility Multimodal Account--State
     Appropriation . . . . . . . . . . . . $9,700,000

          TOTAL APPROPRIATION . . . . . . . . . . . . (($74,734,000))
       $125,815,000

     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)) office 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.
     (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, except for projects managed by the freight mobility strategic investment board. 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 on a quarterly basis via the transportation executive information system (TEIS).
     (3) The multimodal transportation account -- state appropriation includes up to $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)) $1,545,000 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)) $206,000 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 up to $905,000 in unexpended proceeds from the sale of bonds authorized by RCW 47.10.843.
     (7) (($867,000)) $607,000 of the multimodal transportation account--state appropriation is reappropriated and provided solely to support the safe routes to school program.
     (8) (($18,221,000)) $16,110,000 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)) $4,992,000; Colville Alternate Truck Route, (($2,000,000)) $1,746,000; 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)) $122,000; and Pacific Hwy. E./Port of Tacoma Road to Alexander, $750,000.
     (9) (($3,400,000)) $2,898,000 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)) $2,382,000; Port of Kennewick/Piert Road, (($520,000; SR 397 Ainsworth Ave. Grade Crossing, $360,000)) $516,000.
     (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)) shall 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. Recommendations made to the legislature for safe routes to schools and bicycle and pedestrian path projects must, to the extent practicable based on available funding, allocate sixty percent of available funds to bicycle and pedestrian path projects and forty percent to safe routes to schools. Preference ((will)) shall be given to projects that provide a local match. ((The grant recipients may only be governmental entities.))
     (12) (($19,540,000)) $18,370,000 of the multimodal transportation account--state appropriation, $6,000,000 of the freight mobility multimodal account--state appropriation, $2,008,000 of the transportation partnership account--state appropriation, and (($12,000,000)) $6,000,000 of the freight mobility 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)) 2006-1, Local Programs (Z) as developed ((April 24, 2005)) March 8, 2006. 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.
     (14) $5,000,000 of the multimodal transportation account--state appropriation and $2,000,000 of the motor vehicle account--federal appropriation are provided solely for the pedestrian and bicycle safety program projects and safe routes to schools program projects identified on the LEAP Transportation Document 2006-B, Pedestrian and Bicycle Safety Program Projects and Safe Routes to Schools Program Projects as developed March 8, 2006. Projects must be allocated funding based on order of priority. 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 funds, but does not report activity on the project within one year of the grant award, shall be reviewed by the department to determine whether the grant should be terminated. The department shall 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. 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, the department shall expeditiously extend new grant awards to qualified alternative projects identified on the list.
     (15) $9,700,000 of the motor vehicle account--federal appropriation is provided solely for the intersection and corridor safety program projects as identified on the LEAP Transportation Document 2006-A, Intersection and Corridor Safety Program Projects as developed March 8, 2006.
     (16) $19,500,000 of the motor vehicle account--federal appropriation is provided solely for rural county two-lane roadway pilot projects including $7,500,000 already under contract. Any further allocations shall be prioritized by the department based on high-accident-corridor criteria. For purposes of this subsection, "high-accident-corridor" means a highway corridor of one mile or more where analysis of collision history indicates that the section has higher than average collision and severity factors.
     (17) $2,500,000 of the motor vehicle account--state appropriation is provided solely for the Yakima downtown futures initiative.
     (18) $810,000 of the multimodal transportation account--state appropriation is provided solely for the projects identified in this subsection: Des Moines creek trail, $250,000; SR 282 to Port of Ephrata connector, $385,000; Mount Baker Ridge viewpoint, $175,000.

     (19) Regional transportation planning organizations that receive federal surface transportation program funding shall develop and adhere to a strategy for selecting projects based on regional priorities such as growth management, congestion relief, safety, economic development, or other regional priorities which support state and federal policies. The legislature further intends that the federal funds be applied to the prioritized strategic regional transportation projects rather than by formulaic distribution methods. These funds shall not be used for administrative costs. Regional transportation planning organizations shall report the results of their project selection processes to the department by November 15, 2006, specifically outlining their adopted strategy and how their selected projects support regional priorities. The department shall provide a full and transparent accounting of all federal surface transportation program funds received and expected to be received by the state under the new federal surface transportation act, and its proposed distribution, and as soon as possible make this information available to regional transportation planning organizations and the legislature. The department shall also report to the legislative transportation committees by December 31, 2006, as to how the regional project selection processes support regional priorities, and how these regionally selected projects support state and federal policies.
     (20) $688,000 of the motor vehicle account--federal appropriation is provided solely for completion of the Coal Creek Parkway project.
     (21) $9,000,000 of the passenger ferry account--state appropriation is provided solely for the implementation of the passenger-only ferry grant program created in Substitute Senate Bill No. 6787. If Substitute Senate Bill No. 6787 is not enacted by June 30, 2006, the amount provided in this subsection shall lapse.

     *Sec. 309 was partially vetoed. See message at end of chapter.

TRANSFERS AND DISTRIBUTIONS

Sec. 401   2005 c 313 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 . . . . . . . . . . . . (($354,913,000))
       $334,313,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($8,775,000))
       $6,091,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . (($39,010,000))
       $38,241,000
Transportation Improvement Board Bond Retirement
     Account--State Appropriation . . . . . . . . . . . . (($30,899,000))
       $30,923,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($2,562,000))
       $682,000
Transportation Improvement Account--State
     Appropriation . . . . . . . . . . . . (($105,000))
       $120,000
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . (($303,000))
       $370,000
Transportation 2003 Account (Nickel Account)
     Appropriation . . . . . . . . . . . . (($19,177,000))
       $6,600,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . $1,125,000

          TOTAL APPROPRIATION . . . . . . . . . . . . (($455,744,000))
       $418,465,000

Sec. 402   2005 c 313 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 . . . . . . . . . . . . (($283,000))
       $248,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $13,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . (($96,000))
       $35,000
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . (($2,400,000))
       $2,200,000
Transportation Partnership Account--State
     Appropriation . . . . . . . . . . . . (($2,800,000))
       $375,000
          TOTAL APPROPRIATION . . . . . . . . . . . . (($5,592,000))
       $2,871,000

Sec. 403   2005 c 313 s 403 (uncodified) is amended to read as follows:
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))
       $40,950,000

     The department of transportation is authorized to sell up to (($72,000,000)) $40,950,000 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.

Sec. 404   2005 c 313 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 . . . . . . . . . . . . (($450,757,000))
       $487,612,000

Sec. 405   2005 c 313 s 405 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER -- TRANSFERS
     Motor Vehicle Account--State
Appropriation: For motor vehicle fuel tax
refunds and transfers . . . . . . . . . . . . (($820,769,000))
       $1,037,342,000

Sec. 406   2005 c 313 s 406 (uncodified) is amended to read as follows:
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))
       $5,000,000
     (4) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
     Account--State . . . . . . . . . . . . (($19,087,000))
       $31,000,000
     (5) Motor Vehicle Account--State Appropriation:
For transfer to the Transportation Partnership
      Account--State . . . . . . . . . . . . (($51,372,000))
       $33,127,000
     (6) Highway Safety Account--State Appropriation:
For transfer to the Multimodal Transportation
     Account--State . . . . . . . . . . . . (($21,170,000))
       $25,980,000
     (7) Transportation Partnership Account--State Appropriation:
For transfer to the Small City Pavement and Sidewalk
     Account--State . . . . . . . . . . . . (($2,000,000))
       $1,000,000
     (8) Transportation Partnership Account--State Appropriation:
For transfer to the Transportation Improvement
     Account--State . . . . . . . . . . . . (($5,000,000))
       $2,500,000
     (9) Transportation Partnership Account--State Appropriation:
For transfer to the ((Rural)) County Arterial
((Trust)) Preservation Account--State . . . . . . . . . . . . (($3,000,000))
       $1,500,000
     (10) License Plate 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)
)) (11) Multimodal Transportation Account--State Appropriation:
For transfer to the Transportation Partnership
Account--State . . . . . . . . . . . . (($29,400,000))
       $29,417,000
     (12) Motor Vehicle Account--State Appropriation:
For transfer to the Freight Mobility Multimodal
Account--State, up to a maximum of . . . . . . . . . . . . $3,700,000
     (13) Multimodal Transportation Account--State Appropriation:
For transfer to the Tacoma Narrows Toll Bridge
Account--State . . . . . . . . . . . . $1,300,000
     (14) Multimodal Transportation Account--State Appropriation:
For transfer to the Freight Mobility Multimodal
Account--State . . . . . . . . . . . . $4,610,000


     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.)) transferred in subsection (12) of this section shall be the same as the Union Pacific Railroad's original contribution, adjusted for earned interest and expenditures, and shall be made on June 30, 2006.
     (c) The amount transferred in subsection (14) of this section is the equivalent of the Burlington Northern Santa Fe funds advanced to the SR 519 project and shall be invested in a freight mobility project agreed to by the freight mobility strategic investment board and the BNSF railway if the final design of the SR 519 project does not include the original rail benefit.

COMPENSATION

Sec. 501   2005 c 313 s 501 (uncodified) is amended to read as follows:
     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. This subsection shall not apply to Washington state patrol commissioned troopers and sergeants covered under sections 208(8)(a) and 210(6)(a) of this act. If a new collective bargaining agreement is reached between the governor and the Washington state patrol lieutenants association by July 1, 2006, this subsection shall not apply to Washington state patrol commissioned captains and lieutenants covered under sections 208(8)(b) and 210(6)(b) of this act.
     (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.

IMPLEMENTING PROVISIONS

NEW SECTION.  Sec. 601   A new section is added to 2005 c 313 (uncodified) to read as follows:
     Executive Order number 05-05, archaeological and cultural resources, was issued effective November 10, 2005. Agencies and higher education institutions that issue grants or loans for capital projects shall comply with the requirements set forth in this executive order.

NEW SECTION.  Sec. 602   2005 c 313 s 602 (uncodified) is repealed.

Sec. 603   2005 c 313 s 603 (uncodified) is amended to read as follows:
     (1) The ((transportation commission)) director of the office of financial management 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, multimodal transportation account appropriations, freight mobility account appropriations, or freight mobility investment account appropriations, in order to manage project spending and efficiently deliver all projects in the respective program under the following conditions and limitations:
     (a) Transfers may only be made within each specific fund source referenced on the respective project list;
     (b)
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))) (c) Transfers from a project may be made if the project is experiencing unavoidable expenditure delays;
     (((c))) (d) 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))) (e) Each transfer between projects may only occur if the ((commission)) director of the office of financial management finds that any resulting change will not hinder the completion of the projects approved by the legislature; ((and
     (e)
)) (f) Transfers may not occur to projects not identified on the applicable project list; and
     (g) Transfers may not be made while the legislature is in session
.
     (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.)) At least five working days prior to any transfer, a report of the transfers made to date shall be submitted to the legislative evaluation and accountability program (LEAP). The report must also include a list of monitored projects or transfers currently under consideration by the department, and a financial plan consistent with legislative intent. Within five working days, LEAP shall review the proposed financial plan and report to the joint transportation committee as to whether the expenditures and revenues are sufficient to deliver the projects listed on the most recent legislatively approved project list.

Sec. 604   RCW 47.29.170 and 2005 c 317 s 17 are each amended to read as follows:
     Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals. These rules must include the following:
     (1) Provisions that specify unsolicited proposals must meet predetermined criteria;
     (2) Provisions governing procedures for the cessation of negotiations and consideration;
     (3) Provisions outlining that unsolicited proposals are subject to a two-step process that begins with concept proposals and would only advance to the second step, which are fully detailed proposals, if the commission so directed;
     (4) Provisions that require concept proposals to include at least the following information: Proposers' qualifications and experience; description of the proposed project and impact; proposed project financing; and known public benefits and opposition; and
     (5) Provisions that specify the process to be followed if the commission is interested in the concept proposal, which must include provisions:
     (a) Requiring that information regarding the potential project would be published for a period of not less than thirty days, during which time entities could express interest in submitting a proposal;
     (b) Specifying that if letters of interest were received during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and
     (c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest submitted in the appropriate time frame.
     The commission may adopt other rules as necessary to avoid conflicts with existing laws, statutes, or contractual obligations of the state.
     The commission may not accept or consider any unsolicited proposals before ((January 1)) June 30, 2007.

MISCELLANEOUS

NEW SECTION.  Sec. 701   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. 702   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 . . . . . . . . . . . . 6
COUNTY ROAD ADMINISTRATION BOARD . . . . . . . . . . . . 5, 40
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . 3
DEPARTMENT OF ARCHEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . 3
DEPARTMENT OF LICENSING
     DRIVER SERVICES . . . . . . . . . . . . 19
     INFORMATION SERVICES . . . . . . . . . . . . 17
     MANAGEMENT AND SUPPORT SERVICES . . . . . . . . . . . . 16
     VEHICLE SERVICES . . . . . . . . . . . . 18
DEPARTMENT OF TRANSPORTATION
     AVIATION -- PROGRAM F . . . . . . . . . . . . 23
     CHARGES FROM OTHER AGENCIES -- PROGRAM U . . . . . . . . . . . . 31
     ECONOMIC PARTNERSHIPS -- PROGRAM K . . . . . . . . . . . . 25
     FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D . . . . . . . . . . . . 22
     HIGHWAY MAINTENANCE -- PROGRAM M . . . . . . . . . . . . 25
     IMPROVEMENTS -- PROGRAM I . . . . . . . . . . . . 42
     INFORMATION TECHNOLOGY -- PROGRAM C . . . . . . . . . . . . 21
     LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL . . . . . . . . . . . . 57
     LOCAL PROGRAMS -- PROGRAM Z -- OPERATING . . . . . . . . . . . . 40
     MARINE -- PROGRAM X . . . . . . . . . . . . 36
     PRESERVATION -- PROGRAM P . . . . . . . . . . . . 49
     PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) . . . . . . . . . . . . 41
     PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H . . . . . . . . . . . . 24
     PUBLIC TRANSPORTATION -- PROGRAM V . . . . . . . . . . . . 33
     RAIL -- PROGRAM Y -- CAPITAL . . . . . . . . . . . . 55
     RAIL -- PROGRAM Y -- OPERATING . . . . . . . . . . . . 38
     TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B . . . . . . . . . . . . 21
     TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL . . . . . . . . . . . . 52
     TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING . . . . . . . . . . . . 26
     TRANSFERS . . . . . . . . . . . . 64
     TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S . . . . . . . . . . . . 27
     TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T . . . . . . . . . . . . 27
     WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W . . . . . . . . . . . . 53
EMPLOYEE SALARY COST OF LIVING ADJUSTMENT . . . . . . . . . . . . 66
FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD . . . . . . . . . . . . 11
JOINT TRANSPORTATION COMMITTEE . . . . . . . . . . . . 6
LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . 4
MARINE EMPLOYEES COMMISSION . . . . . . . . . . . . 2
OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . 2
STATE TREASURER
     BOND RETIREMENT AND INTEREST . . . . . . . . . . . . 62, 63
     STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 64
     TRANSFERS . . . . . . . . . . . . 64
TRANSPORTATION COMMISSION . . . . . . . . . . . . 9
TRANSPORTATION IMPROVEMENT BOARD . . . . . . . . . . . . 5, 41
WASHINGTON STATE PARKS AND RECREATION
     CAPITAL PROJECTS . . . . . . . . . . . . 4
WASHINGTON STATE PATROL
     FIELD OPERATIONS BUREAU . . . . . . . . . . . . 11
     INVESTIGATIVE SERVICES BUREAU . . . . . . . . . . . . 14
     TECHNICAL SERVICES BUREAU . . . . . . . . . . . . 14
WASHINGTON TRAFFIC SAFETY COMMISSION . . . . . . . . . . . . 4


         Passed by the Senate March 8, 2006.
         Passed by the House March 8, 2006.
         Approved by the Governor March 31, 2006, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State March 31, 2006.

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

"I am returning, without my approval as to portions of Sections 204, 212(6), 213(5), 214(5), 304(16), 307(8), and 309(19) of Substitute Senate Bill 6241 entitled:

     "AN ACT Relating to transportation funding and appropriations."

My reasons for vetoing portions of the above-noted Sections are as follows:

Section 204, page 6, Board of Pilotage Commissioners, Trainee Stipends
Section 204 provides additional appropriation authority to the Board of Pilotage Commissioners for pilot trainee stipends. Appropriation authority was provided in Engrossed Substitute Senate Bill 6870, which was enacted by the Legislature and signed into law on March 14, 2006. Leaving Section 204 intact would increase the Board of Pilotage Commissioners' appropriation authority above the intended amount and would exceed the revenue available to the agency. Therefore, I have vetoed Section 204.

Section 212(6), page 18, Department of Licensing - Information Services, Parking Privileges
This proviso funds implementation of Substitute House Bill 2389 and stipulates that the appropriation will lapse if the bill is not enacted. Substitute House Bill 2389 did not pass the Legislature. Therefore, I have vetoed Section 212(6).

Section 213(5), page 19, Department of Licensing - Vehicle Services, Parking Privileges
This proviso funds implementation of Substitute House Bill 2389 and stipulates that the appropriation will lapse if the bill is not enacted. Substitute House Bill 2389 did not pass the Legislature. Therefore, I have vetoed Section 213(5).

Section 214(5), pages 20-21, Department of Licensing, Federal Real ID
Section 214(5) directs the Department of Licensing to join in any lawsuit filed by other states seeking funding to implement the provisions of Title II of P.L. 109-13 (improved security for driver's license and personal identification cards (Federal Real ID Act)) whenever the department is legally and ethically permitted to do so. This language is overly prescriptive. I will engage the federal government on this issue when it is prudent and in the best interest of Washington State to do so. But legal action, whether unilateral or in conjunction with other states, will only be undertaken following a rigorous review of the issues and consultation with the state's Attorney General. Therefore, I have vetoed Section 214(5).

Section 304(16), pages 47-48, Department of Transportation - Improvements, SR 520 Plan
Section 304(16) earmarks $250,000 for the City of Seattle to prepare a State Route 520 expansion impact plan and prohibits the Department of Transportation from beginning construction on the State Route 520 bridge replacement and High Occupancy Vehicle project until agreements have been reached with the City of Seattle. This subsection contradicts Section 304(18), which sets forth the National Environmental Policy Act (NEPA) requirements that the department must designate the preferred alternative, prepare a substantial project mitigation plan, and complete a comprehensive cost estimate. It is incumbent upon the department to follow state and federal environmental laws and not delegate decision making to the City of Seattle. Therefore, I have vetoed Section 304(16).

Section 307(8), page 54, Department of Transportation - Ferries, Auto-Passenger Ferries
Section 307(8) provides funding for auto-passenger ferry vessels using the process identified in Substitute Senate Bill 6853, which did not pass the Legislature. While the Legislature considered the ferry vessel procurement process in Substitute Senate Bill 6853, it was not its intent to eliminate funding for ferry vessels. Therefore, I have vetoed Section 307(8) with the understanding that the funding remains available to the Department of Transportation for the procurement of ferry vessels.

Section 309(19), pages 61-62, Department of Transportation - Local Programs, RTPOs
Section 309(19) requires regional transportation planning organizations (RTPOs) that receive federal surface transportation program funding to distribute funds based on a prioritized competitive basis rather than by formula. It also prohibits funds from being used for administration. While I strongly support this legislative intent, I believe these changes should be phased in over time in order to avoid disruptions to project programming and delivery. RTPOs are required by federal law to prepare four-year Transportation Improvement Programs. The current transportation improvement program covers calendar years 2006 through 2008. Therefore, I have vetoed Section 309(19).

However, effective with the development of the 2008 Transportation Improvement Programs, I am directing the Department of Transportation to work with RTPOs to ensure that it prioritizes project selections based on regional priorities such as growth management, congestion relief, safety, economic development, or other regional priorities that support state and federal policies. In addition, the department shall retain a full and transparent accounting of all federal surface transportation program funds and their uses.

With the exception of the above-noted portions of Sections 204, 212(6), 213(5), 214(5), 304(16), 307(8), and 309(19), Substitute Senate Bill 6241 is approved."