2101 AMH JARR LEAT 085
HB 2101 - H AMD TO H AMD (2101 AMH CLIB LEAT 072) 864
By Representative Jarrett
Beginning on page 1, line 3 of the amendment, strike all material through page 4, line 24, and insert the following:
"NEW SECTION. Sec. 1. (1) In 2006, the regional transportation commission was created and tasked with evaluating transportation governance in the central Puget Sound region and directed to develop options for a new regional transportation governance proposal. The commission's 2006 report to the legislature strongly recommended creating a regional entity that has authority over the planning, prioritizing, and funding of regional transportation projects in the area.
(2) The existing transportation delivery system is highly fragmented. While each individual entity or agency may perform well, there is no overall political or performance accountability for the system as a whole. Implementation of a regional decision-making entity would facilitate the coordination and integration of both capital and operational planning, prioritizing, and funding, and could offer an improved method of decision-making for the Puget Sound region. Previously adopted performance measures, such as concurrency, have not resulted in reliable and predictable mobility for people and goods throughout the region. Implementation of a regional decision-making entity could assist in the development of new performance measures and expectations which lead to optimization of both existing transportation resources and future investments.
(3) Moving toward unification of some transportation functions and decision-making in a regional entity is a complex undertaking, requiring careful planning and consideration of existing and potential roles and responsibilities and existing and required contracts and operational challenges. The legislature finds that it is in the best interest of the citizens of the state to plan for the institutional and structural changes needed to achieve a more unified approach to regional transportation.
(4) In moving toward structural change, it is imperative that transportation improvements that are being implemented in the Puget Sound region through the combined efforts of the transportation partnership act, the nickel package, and the Sound Move projects, and the progress being made on the joint roads and transit package required by the legislature in 2006, should be preserved and supported to avoid delays and additional cost and to maintain public confidence.
NEW SECTION. Sec. 2. IMPLEMENTATION BOARD FOR REGIONAL TRANSPORTATION. (1) An implementation board for regional transportation is created within the geographic boundaries of any regional transportation planning organization that contains a county with a population greater than one million five hundred thousand. An implementation board for regional transportation is a separate and independent authority from the regional transportation planning organization and has the same boundaries as the planning authority. The implementation board's primary purpose is to enable and assist with the transition to and creation of a regional transportation decision-making entity, as prescribed under this act.
(2) The implementation board for regional transportation shall consist of five voting board members. The chair of the board shall be designated by the governor. The members shall be appointed by the governor no later than July 1, 2007. Appointments of board members must reflect geographical balance and diversity of populations within the region, and include members with experience in regional transportation issues and in institutional or organizational structures and decision-making.
NEW SECTION. Sec. 3. POWERS AND DUTIES The implementation board for regional transportation has the following powers and duties:
(1) Prepare findings, recommendations, and legislation directed toward the goal of providing for a more unified transportation system in the region, improving both political and performance accountability. The implementation board will recommend actions consistent with recommendation 6 from the blue ribbon commission on transportation, dated December 2000: "Provide regions with the ability to plan, select, fund, and implement (or contract for the implementation of) projects identified to meet the region's transportation and land use goals," and with the findings of the regional transportation commission, dated December 2006. The implementation board must examine opportunities for improving transportation decision-making and for improving the reliable and predictable movement of people and goods throughout the region. The proposed legislation must make recommendations addressing the following accountability and regional decision-making issues:
(a) The appropriate responsibilities of a regional entity related to all modes of transportation, including ferries, highways, streets, roads, transit, rail, marine, and air, and the relationship to the existing entities or agencies responsible for these modes;
(b) The legal, financial, and programmatic details of any enabling legislation relating to existing local authorities, local transit agencies, and regional transit authorities;
(c) The responsibility for defining regional transportation goals and objectives, and the standards that the region should use to monitor achievement and performance and to ensure public accountability;
(d) Integration of regional planning with regional transportation planning, to ensure that the region's goals are met and that adverse externalities are minimized;
(e) The steps necessary for the orderly transition of existing organizations into a new entity, if required, and the steps necessary for federal approval to transition the new entity into the region's metropolitan planning organization;
(f) The participation mechanisms to be used to ensure adequate participation in policy development by local and regional governments; and
(g) Required revenue and other legal authority needed by the new entity.
(2) Establish a procedure, after November 15, 2007, requiring that bond issues, taxes, fees, tolls, or charges that require voter approval for mobility projects of regional significance, as defined by the implementation board for regional transportation, be approved by the implementation board before placing those bond or revenue measures on a ballot for voter approval. Bond or revenue measures for mobility projects that do not constitute mobility projects of regional significance do not require implementation board approval before being placed on the ballot;
(3) Provide direction on reorganizing the department of transportation's existing administrative regions, such that only one administrative region is dedicated solely to supporting the central Puget Sound region, and that this administrative region coordinate, plan, and integrate project schedules and design plans with local and regional entities;
(4) Meet periodically, and adopt its own rules and procedures;
(5) Contract with appropriate professional consultants and establish legal, technical, and advisory work groups to assist in its work, as necessary;
(6) Contract with the department of transportation for administrative support and technical assistance;
(7) Authorize all expenses related to the board's work, including the members' compensation and necessary expenses; and
(8) The implementation board shall submit to the legislative standing transportation committees and the governor, along with any supporting material:
(a) By January 1, 2008, draft legislation creating a regional transportation decision-making entity, including appropriate initial powers and duties, that is comprised of nine nonpartisan members as follows: four members appointed by the governor and five elected members who represent five geographical districts, irrespective of county lines, and with district lines determined by a non-partisan commission appointed by the state supreme court; and
(b) By January 1, 2009:
(i) A status report reflecting progress made toward federal approval to transition the new entity into the region's metropolitan planning organization;
(ii) Findings and recommendations regarding reorganizing the department of transportation's existing administrative regions, as directed in subsection (3) of this section; and
(iii) Final findings and recommendations regarding the powers and duties that should be assigned to a regional transportation decision-making entity, addressing the issues identified in subsection (1) of this section.
NEW SECTION. Sec. 4. PER DIEM COMPENSATION. (1) Each member of the implementation board for regional transportation may receive compensation in the amount of four hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily duties approved by the chair, and reimbursement for actual necessary traveling and other expenses related to such duties. A board member may waive all or a portion of his or her compensation under this section during his or her term of office by a written waiver filed with the board.
(2) The implementation board may be entitled to state funding, as appropriated by the legislature, to pay for expenses incurred by the board or through contracts in carrying out the duties authorized in this act.
Sec. 5. RCW 36.120.030 and 2006 c 311 s 5 are each amended to read as follows:
Regional transportation investment district planning committees are advisory entities that are created, convened, and empowered as follows:
(1) A county with a population over one million five hundred thousand persons and any adjoining counties with a population over five hundred thousand persons may create a regional transportation investment district and shall convene a regional transportation investment district planning committee.
(a) The boundaries of the district should include at least the contiguous areas within the regional transit authority serving the counties. The boundaries must be proposed by the planning committee and approved by the county legislative authorities by ordinance before or in conjunction with approval of a regional transportation investment plan. Boundaries must follow complete parcels of land. However, any portion of a county that is located on a peninsula shall be exempt from a regional transportation investment district in which more than one county is included if (i) the portion of the county located on the peninsula is connected to the other portion of the county by a bridge improved under chapter 47.46 RCW, and (ii) the county has a national park and a population of more than five hundred thousand persons, but less than one million five hundred thousand persons.
(b) After voters within the district boundaries have approved a plan under RCW 36.120.070, elections to add areas to the district boundaries may be called by a resolution of the board, after consultation with the regional transportation planning organization and affected transit agencies and with the concurrence of the legislative authority of the city or town if the area is incorporated or with the concurrence of the county legislative authority if the area is unincorporated. The election may include a single ballot measure providing annexation to the district, approval of the plan, and approval of revenue sources necessary to finance the plan. The electorate are the voters voting within the proposed area to be annexed. A simple majority of the persons voting on the single ballot measure is required for approval of the measure.
(2) The members of the legislative authorities participating in planning under this chapter shall serve as the district planning committee. Members of the planning committee receive no compensation, but may be reimbursed for travel and incidental expenses as the planning committee deems appropriate.
The secretary of transportation, or the appropriate regional administrator of the department, as named by the secretary, shall serve on the committee as a nonvoting member.
(3) A regional transportation investment district planning committee may be entitled to state funding, as appropriated by the legislature, for start-up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred in selecting transportation projects and funding for those transportation projects under this chapter. Upon creation of a regional transportation investment district, the district shall within one year reimburse the state for any sums advanced for these start-up costs from the state.
(4) The planning committee shall conduct its affairs and formulate a regional transportation investment plan as provided under RCW 36.120.040, except that it shall elect an executive board of seven members to discharge the duties of the planning committee and formulate a regional transportation investment plan, subject to the approval of the full committee.
(5) At its first meeting, a regional transportation investment district planning committee may elect officers and provide for the adoption of rules and other operating procedures.
(6) Governance of and decisions by a regional transportation investment district planning committee must be by a sixty-percent weighted majority vote of the total membership.
(7) The planning committee may dissolve itself at any time by a two-thirds weighted majority vote of the total membership of the planning committee.
(8) If a multicounty regional transportation investment district is not formed by December 1, 2007, through approval by the voters voting on a regional transportation investment plan, then the authority under this chapter to create a district, and to fund and construct transportation projects, shall be available to each of the eligible counties described in subsection (1) of this section on an individual and independent basis. Any single county regional district sought to be formed after December 1, 2007, must first receive approval by the implementation board for regional transportation, as provided under section 2 of this act, before submitting a plan to the voters.
Sec. 6. RCW 36.120.070 and 2006 c 311 s 8 are each amended to read as follows:
(1) Beginning no sooner than the 2007 general election, two or more contiguous county legislative authorities, or a single county legislative authority as provided under RCW 36.120.030(8), upon receipt of the regional transportation investment plan under RCW 36.120.040, may submit to the voters of the proposed district a single ballot measure that approves formation of the district, approves the regional transportation investment plan, and approves the revenue sources necessary to finance the plan. For a county to participate in the plan, the county legislative authority shall, within ninety days after receiving the plan, adopt an ordinance indicating the county's participation. The planning committee may draft the ballot measure on behalf of the county legislative authorities, and the county legislative authorities may give notice as required by law for ballot measures, and perform other duties as required to submit the measure to the voters of the proposed district for their approval or rejection. Counties may negotiate interlocal agreements necessary to implement the plan. The electorate will be the voters voting within the boundaries of the proposed district. A simple majority of the total persons voting on the single ballot measure is required for approval.
(2) In conjunction with RCW 81.112.030(10), at the 2007 general election the participating counties shall submit a regional transportation investment plan on the same ballot along with a proposition to support additional implementation phases of the authority's system and financing plan developed under chapter 81.112 RCW. The plan shall not be considered approved unless voters also approve the proposition to support additional implementation phases of the authority's system and financing plan.
(3) After the 2007 general election, the participating counties may submit a regional transportation investment plan to voters for approval only if the plan has been approved by the implementation board for regional transportation, as provided under section 2 of this act.
Sec. 7. RCW 81.112.030 and 2006 c 311 s 12 are each amended to read as follows:
Two or more contiguous counties each having a population of four hundred thousand persons or more may establish a regional transit authority to develop and operate a high capacity transportation system as defined in chapter 81.104 RCW.
The authority shall be formed in the following manner:
(1) The joint regional policy committee created pursuant to RCW 81.104.040 shall adopt a system and financing plan, including the definition of the service area. This action shall be completed by September 1, 1992, contingent upon satisfactory completion of the planning process defined in RCW 81.104.100. The final system plan shall be adopted no later than June 30, 1993. In addition to the requirements of RCW 81.104.100, the plan for the proposed system shall provide explicitly for a minimum portion of new tax revenues to be allocated to local transit agencies for interim express services. Upon adoption the joint regional policy committee shall immediately transmit the plan to the county legislative authorities within the adopted service area.
(2) The legislative authorities of the counties within the service area shall decide by resolution whether to participate in the authority. This action shall be completed within forty-five days following receipt of the adopted plan or by August 13, 1993, whichever comes first.
(3) Each county that chooses to participate in the authority shall appoint its board members as set forth in RCW 81.112.040 and shall submit its list of members to the secretary of the Washington state department of transportation. These actions must be completed within thirty days following each county's decision to participate in the authority.
(4) The secretary shall call the first meeting of the authority, to be held within thirty days following receipt of the appointments. At its first meeting, the authority shall elect officers and provide for the adoption of rules and other operating procedures.
(5) The authority is formally constituted at its first meeting and the board shall begin taking steps toward implementation of the system and financing plan adopted by the joint regional policy committee. If the joint regional policy committee fails to adopt a plan by June 30, 1993, the authority shall proceed to do so based on the work completed by that date by the joint regional policy committee. Upon formation of the authority, the joint regional policy committee shall cease to exist. The authority may make minor modifications to the plan as deemed necessary and shall at a minimum review local transit agencies' plans to ensure feeder service/high capacity transit service integration, ensure fare integration, and ensure avoidance of parallel competitive services. The authority shall also conduct a minimum thirty-day public comment period.
(6) If the authority determines that major modifications to the plan are necessary before the initial ballot proposition is submitted to the voters, the authority may make those modifications with a favorable vote of two-thirds of the entire membership. Any such modification shall be subject to the review process set forth in RCW 81.104.110. The modified plan shall be transmitted to the legislative authorities of the participating counties. The legislative authorities shall have forty-five days following receipt to act by motion or ordinance to confirm or rescind their continued participation in the authority.
(7) If any county opts to not participate in the authority, but two or more contiguous counties do choose to continue to participate, the authority's board shall be revised accordingly. The authority shall, within forty-five days, redefine the system and financing plan to reflect elimination of one or more counties, and submit the redefined plan to the legislative authorities of the remaining counties for their decision as to whether to continue to participate. This action shall be completed within forty-five days following receipt of the redefined plan.
(8) The authority shall place on the ballot within two years of the authority's formation, a single ballot proposition to authorize the imposition of taxes to support the implementation of an appropriate phase of the plan within its service area. In addition to the system plan requirements contained in RCW 81.104.100(2)(d), the system plan approved by the authority's board before the submittal of a proposition to the voters shall contain an equity element which:
(a) Identifies revenues anticipated to be generated by corridor and by county within the authority's boundaries;
(b) Identifies the phasing of construction and operation of high capacity system facilities, services, and benefits in each corridor. Phasing decisions should give priority to jurisdictions which have adopted transit-supportive land use plans; and
(c) Identifies the degree to which revenues generated within each county will benefit the residents of that county, and identifies when such benefits will accrue.
A simple majority of those voting within the boundaries of the authority is required for approval. If the vote is affirmative, the authority shall begin implementation of the projects identified in the proposition. However, the authority may not submit any authorizing proposition for voter-approved taxes prior to July 1, 1993; nor may the authority issue bonds or form any local improvement district prior to July 1, 1993.
(9) If the vote on a proposition fails, the board may redefine the proposition, make changes to the authority boundaries, and make corresponding changes to the composition of the board. If the composition of the board is changed, the participating counties shall revise the membership of the board accordingly. The board may then submit the revised proposition or a different proposition to the voters. No single proposition may be submitted to the voters more than twice. Beginning no sooner than the 2007 general election, the authority may place additional propositions on the ballot to impose taxes to support additional phases of plan implementation.
(10) In conjunction with RCW 36.120.070, at the 2007 general election the authority shall submit a proposition to support additional implementation phases of the authority's system and financing plan on the same ballot along with a regional transportation investment plan developed under chapter 36.120 RCW. The proposition shall not be considered approved unless voters also approve the regional transportation investment plan.
(11) After the 2007 general election, a regional transit authority shall submit additional phases of plan implementation ((may include a transportation subarea equity element which (a) identifies the combined authority and regional transportation investment district revenues anticipated to be generated by corridor and by county within the authority's boundaries, and (b) identifies the degree to which the combined authority and regional transportation investment district revenues generated within each county will benefit the residents of that county, and identifies when such benefits will accrue. For purposes of the transportation subarea equity principle established under this subsection, the authority may use the five subareas within the authority's boundaries as identified in the authority's system plan adopted in May 1996)) to the implementation board for regional transportation, as provided in section 2 of this act, for approval before submitting the plan to voters for approval.
(12) If the authority is unable to achieve a positive vote on a proposition within two years from the date of the first election on a proposition, the board may, by resolution, reconstitute the authority as a single-county body. With a two-thirds vote of the entire membership of the voting members, the board may also dissolve the authority.
NEW SECTION. Sec. 8. 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.
NEW SECTION. Sec. 9. Sections 1 through 4 constitute a new chapter in Title 47 RCW.
NEW SECTION. Sec. 10. Captions and part headings used in this act are not any part of the law."
EFFECT: Strikes all material in the striking amendment, which finds that the current system of transportation governance in the central Puget Sound region is inadequate to meet the needs of the region and state, directs the Joint Transportation Committee to convene a task force to consider the impacts of establishing a new regional governance structure, and requires the task force to submit draft legislation to the Legislature by December 15, 2007 that implements the recommendations of the Regional Transportation Commission.
Provides that the existing transportation delivery system is highly fragmented, and that implementation of a regional transportation decision-making entity would facilitate the coordination and integrating of capital and operational planning, prioritizing, and funding.
Creates a five-member implementation board for regional transportation within the full boundaries of King, Pierce, Snohomish, and Kitsap counties, with members appointed by the Governor. Establishes that the primary purpose of the implementation board is to enable and assist with the transition to and creation of a regional transportation decision-making authority that results in a more unified transportation system with improved public accountability.
After November 15, 2007, directs the board to establish a procedure requiring that bond issues, taxes, fees, tolls, or charges that require voter approval for mobility projects of regional significance be approved by the board before placing those bond or revenue measures on a ballot for voter approval.
Requires that the implementation board submit to the Legislature and Governor, by January 1, 2008, draft legislation creating a new regional decision-making entity and establishing its initial powers and duties; and, by January 1, 2009, final recommendations for the entity's powers and duties, as well as a status report regarding redesignation of the new entity as the region's metropolitan planning organization, and recommendations for reorganizing the Department of Transportation's administrative regions.