SSB 5207 -
By Representative Clibborn
ADOPTED 04/18/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) Subject to availability of amounts
appropriated for this specific purpose, the joint transportation
committee shall:
(a) Administer a consultant study of funding mechanisms for deposit
in the freight congestion relief account created in section 2 of this
act to fund freight congestion relief investments. At a minimum, the
study must: (i) Evaluate federal, state, incentive, and other project
specific fees; (ii) analyze current taxes and fees paid by the freight
industry and the projects the taxes and fees fund; (iii) assess other
nonfreight-related fees and taxes that could be used to pay for freight
congestion relief investments; (iv) assess how other states and
countries pay for freight congestion relief investments; (v) discuss
the various approaches and their impacts on Washington competitiveness
in freight movement; (vi) assess the imposition of a shipping
container-based fee, port-related user fees, or other funding
mechanisms on the demand elasticity of the movement of freight goods
through Washington's container ports at various rates as well as
forecast diversion of marine cargo at various price points; (vii)
measure the return on investment in freight rail and highway-based
infrastructure supported by the user fee and its impact on forecast
growth in shipping container traffic and the movement of freight goods;
and (viii) recommend the structure of a future project recommendation
body including its membership, process, and selection criteria. The
scope of the work for the study may be expanded to include analysis of
other issues relevant to freight congestion relief funding; and
(b) Convene a stakeholder group composed of representatives to work
on the consultant study that includes: Two representatives of
container ports, one representative of trucking, one representative
from railroads, one representative from international shipping, one
representative from national shipping, two representatives of organized
labor, two representatives of the import/export community, one
representative from the department of transportation, one
representative from the freight mobility strategic investment board,
and other representatives as deemed necessary by the joint
transportation committee. The stakeholder group shall work with the
selected consultant in: (i) Identifying critical freight congestion
relief investments; (ii) identifying alternatives for a dedicated
funding source for freight congestion relief investments or user fees
to fund specific freight congestion relief investments; and (iii)
developing and reviewing a final consultant study.
(2) The consultant's draft report must be submitted to the
transportation committees of the legislature by December 15, 2007, with
the final findings and recommendations of the report being due prior to
the beginning of the 2008 legislative session.
(3) This section expires January 14, 2008.
NEW SECTION. Sec. 2 A new section is added to chapter 46.68 RCW
to read as follows:
The freight congestion relief account is created in the state
treasury. Moneys in the account may be spent only after appropriation.
Expenditures from the account may only be used to provide congestion
relief through the improvement of freight rail systems and state
highways that function as freight corridors.
Sec. 3 RCW 43.84.092 and 2006 c 337 s 11, 2006 c 311 s 23, 2006
c 171 s 10, 2006 c 56 s 10, and 2006 c 6 s 8 are each reenacted and
amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the Columbia river basin water supply development
account, the common school construction fund, the county criminal
justice assistance account, the county sales and use tax equalization
account, the data processing building construction account, the
deferred compensation administrative account, the deferred compensation
principal account, the department of retirement systems expense
account, the developmental disabilities community trust account, the
drinking water assistance account, the drinking water assistance
administrative account, the drinking water assistance repayment
account, the Eastern Washington University capital projects account,
the education construction fund, the education legacy trust account,
the election account, the emergency reserve fund, the energy freedom
account, The Evergreen State College capital projects account, the
federal forest revolving account, the freight congestion relief
account, the freight mobility investment account, the freight mobility
multimodal account, the health services account, the public health
services account, the health system capacity account, the personal
health services account, the state higher education construction
account, the higher education construction account, the highway
infrastructure account, the high-occupancy toll lanes operations
account, the industrial insurance premium refund account, the judges'
retirement account, the judicial retirement administrative account, the
judicial retirement principal account, the local leasehold excise tax
account, the local real estate excise tax account, the local sales and
use tax account, the medical aid account, the mobile home park
relocation fund, the multimodal transportation account, the municipal
criminal justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the pension funding stabilization account, the
perpetual surveillance and maintenance account, the public employees'
retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the public facilities
construction loan revolving account beginning July 1, 2004, the public
health supplemental account, the public works assistance account, the
Puyallup tribal settlement account, the real estate appraiser
commission account, the regional mobility grant program account, the
resource management cost account, the rural Washington loan fund, the
site closure account, the small city pavement and sidewalk account, the
special wildlife account, the state employees' insurance account, the
state employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the transportation infrastructure account, the transportation
partnership account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building
account, the volunteer fire fighters' and reserve officers' relief and
pension principal fund, the volunteer fire fighters' and reserve
officers' administrative fund, the Washington fruit express account,
the Washington judicial retirement system account, the Washington law
enforcement officers' and fire fighters' system plan 1 retirement
account, the Washington law enforcement officers' and fire fighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
health insurance pool account, the Washington state patrol retirement
account, the Washington State University building account, the
Washington State University bond retirement fund, the water pollution
control revolving fund, and the Western Washington University capital
projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the
permanent common school fund, the scientific permanent fund, and the
state university permanent fund shall be allocated to their respective
beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(b) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The aeronautics account,
the aircraft search and rescue account, the county arterial
preservation account, the department of licensing services account, the
essential rail assistance account, the ferry bond retirement fund, the
grade crossing protective fund, the high capacity transportation
account, the highway bond retirement fund, the highway safety account,
the motor vehicle fund, the motorcycle safety education account, the
pilotage account, the public transportation systems account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the recreational vehicle account, the rural arterial trust
account, the safety and education account, the special category C
account, the state patrol highway account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, and the urban
arterial trust account.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section."
Correct the title.
EFFECT: The Joint Transportation Committee is directed to administer a consultant study of funding mechanisms to improve freight corridors. The consultant will utilize a stakeholder group that represents the different industries that utilize the freight corridors in Washington. The study will include the identification of critical freight congestion relief investments and identification of alternatives for funding freight congestion relief projects with a draft consultant report submitted to the Legislature by December 15, 2007, and the final draft being completed prior to the beginning of the 2008 legislative session. The Freight Congestion Relief Account is created in the State Treasury.