SHB 1694 -
By Senators Murray, Swecker
ADOPTED 04/17/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 47.06B.010 and 1999 c 385 s 1 are each amended to
read as follows:
The legislature finds that transportation systems for persons with
special needs are not operated as efficiently as possible. In ((some))
too many cases, programs established by the legislature to assist
persons with special needs can not be accessed due to these
inefficiencies and coordination barriers.
It is the intent of the legislature that public transportation
agencies, pupil transportation programs, private nonprofit
transportation providers, and other public agencies sponsoring programs
that require transportation services coordinate those transportation
services. Through coordination of transportation services, programs
will achieve increased efficiencies and will be able to provide more
rides to a greater number of persons with special needs.
Sec. 2 RCW 47.06B.020 and 1998 c 173 s 2 are each amended to read
as follows:
(1) The agency council on coordinated transportation is created.
The council is composed of ((nine)) ten voting members and ((eight))
four nonvoting, legislative members.
(2) The ((nine)) ten voting members are the superintendent of
public instruction or a designee, the secretary of transportation or a
designee, the secretary of the department of social and health services
or a designee, and ((six)) seven members appointed by the governor as
follows:
(a) One representative from the office of the governor;
(b) ((Two)) Three persons who are consumers of special needs
transportation services, which must include:
(i) One person designated by the executive director of the
governor's committee on disability issues and employment; and
(ii) One person who is designated by the executive director of the
developmental disabilities council;
(c) One representative from the Washington association of pupil
transportation;
(d) One representative from the Washington state transit
association; and
(e) One of the following:
(i) A representative from the community transportation association
of the Northwest; or
(ii) A representative from the community action council
association.
(3) The ((eight)) four nonvoting members are legislators as
follows:
(a) ((Four)) Two members from the house of representatives, ((two))
one from each of the two largest caucuses, appointed by the speaker of
the house of representatives, ((two who are members of)) including at
least one member from the house transportation policy and budget
committee ((and two who are members of)) or the house appropriations
committee; and
(b) ((Four)) Two members from the senate, ((two)) one from each of
the two largest caucuses, appointed by the president of the senate,
((two members of)) including at least one member from the senate
transportation committee ((and two members of)) or the senate ways and
means committee.
(4) Gubernatorial appointees of the council will serve two-year
terms. Members may not receive compensation for their service on the
council, but will be reimbursed for actual and necessary expenses
incurred in performing their duties as members as set forth in RCW
43.03.220.
(5) The secretary of transportation or a designee shall serve as
the chair.
(6) The department of transportation shall provide necessary staff
support for the council.
(7) The council may receive gifts, grants, or endowments from
public or private sources that are made from time to time, in trust or
otherwise, for the use and benefit of the purposes of the council and
spend gifts, grants, or endowments or income from the public or private
sources according to their terms, unless the receipt of the gifts,
grants, or endowments violates RCW 42.17.710.
(8) The meetings of the council must be open to the public, with
the agenda published in advance, and minutes kept and made available to
the public. The public notice of the meetings must indicate that
accommodations for persons with disabilities will be made available
upon request.
(9) All meetings of the council must be held in locations that are
readily accessible to public transportation, and must be scheduled for
times when public transportation is available.
(10) The council shall make an effort to include presentations by
and work sessions including persons with special transportation needs.
Sec. 3 RCW 47.06B.030 and 1999 c 385 s 5 are each reenacted and
amended to read as follows:
(1) To assure implementation of ((the Program for)) an effective
system of coordinated transportation that meets the needs of persons
with special transportation needs, the agency council on coordinated
transportation((, the council, in coordination with stakeholders,))
shall adopt a biennial work plan that must, at a minimum:
(((1) Develop guidelines for local planning of coordinated
transportation in accordance with this chapter;))
(2) Initiate local planning processes by contacting the board of
commissioners and county councils in each county and encouraging them
to convene local planning forums for the purpose of implementing
special needs coordinated transportation programs at the community
level;
(3) Work with local community forums to designate a local lead
organization that shall cooperate and coordinate with private and
nonprofit transportation brokers and providers, local public
transportation agencies, local governments, and user groups;
(4) Provide a forum at the state level in which state agencies will
discuss and resolve coordination issues and program policy issues that
may impact transportation coordination and costs;
(5) Provide guidelines for state agencies to use in creating
policies, rules, or procedures to encourage the participation of their
constituents in community-based planning and coordination, in
accordance with this chapter;
(6) Facilitate state-level discussion and action on problems and
barriers identified by the local forums that can only be resolved at
either the state or federal level;
(7) Develop and test models for determining the impacts of facility
siting and program policy decisions on transportation costs;
(8) Develop methodologies and provide support to local and state
agencies in identifying transportation costs;
(9) Develop guidelines for setting performance measures and
evaluating performance;
(10) Develop monitoring reporting criteria and processes to assess
state and local level of participation with this chapter;
(11) Administer and manage grant funds to develop, test, and
facilitate the implementation of coordinated systems;
(12) Develop minimum standards for safety, driver training, and
vehicles, and provide models for processes and technology to support
coordinated service delivery systems;
(13) Provide a clearinghouse for sharing information about
transportation coordination best practices and experiences;
(14) Promote research and development of methods and tools to
improve the performance of transportation coordination in the state;
(15) Provide technical assistance and support to communities;
(16) Facilitate, monitor, provide funding as available, and give
technical support to local planning processes;
(17) Form, convene, and give staff support to stakeholder work
groups as needed to continue work on removing barriers to coordinated
transportation;
(18) Advocate for the coordination of transportation for people
with special transportation needs at the federal, state, and local
levels;
(19) Recommend to the legislature changes in laws to assist
coordination of transportation services;
(20) Petition the office of financial management to make whatever
changes are deemed necessary to identify transportation costs in all
executive agency budgets;
(21) Report to the legislature by December 1, 2000, on council
activities including, but not limited to, the progress of community
planning processes, what demonstration projects have been undertaken,
how coordination affected service levels, and whether these efforts
produced savings that allowed expansion of services. Reports must be
made once every two years thereafter, and other times as the council
deems necessary
(a) Focus on projects that identify and address barriers in laws,
policies, and procedures;
(b) Focus on results; and
(c) Identify and advocate for transportation system improvements
for persons with special transportation needs.
(2) The council shall, as necessary, convene work groups at the
state, regional, or local level to develop and implement coordinated
approaches to special needs transportation.
(3) To improve the service experienced by persons with special
transportation needs, the council shall develop statewide guidelines
for customer complaint processes so that information about policies
regarding the complaint processes is available consistently and
consumers are appropriately educated about available options. To be
eligible for funding on or after January 1, 2008, organizations
applying for state paratransit/special needs grants as described in
section 226(1), chapter 370, Laws of 2006 must implement a process
following the guidelines established by the council.
(4) The council shall represent the needs and interests of persons
with special transportation needs in statewide efforts for emergency
and disaster preparedness planning by advising the emergency management
council on how to address transportation needs for high-risk
individuals during and after disasters.
Sec. 4 RCW 47.06B.040 and 1999 c 385 s 6 are each amended to read
as follows:
((The council may request, and may require as a condition of
receiving coordination grants, selected county governments to convene
local planning forums and invite participation of all entities,
including tribal governments, that serve or transport persons with
special transportation needs. Counties are encouraged to coordinate
and combine their forums and planning processes with other counties, as
they find it appropriate. The local community forums must:))
(1) Designate a lead organization to facilitate the community
planning process on an ongoing basis;
(2) Identify functional boundaries for the local coordinated
transportation system;
(3) Clarify roles and responsibilities of the various participants;
(4) Identify community resources and needs;
(5) Prepare a plan for developing a coordinated transportation
system that meets the intent of this chapter, addresses community
needs, and efficiently uses community resources to address unmet needs;
(6) Implement the community coordinated transportation plan;
(7) Develop performance measures consistent with council
guidelines;
(8) Develop a reporting process consistent with council guidelines;
(9) Raise issues and barriers to the council when resolution is
needed at either the state or federal level;
(10) Develop a process for open discussion and input on local
policy and facility siting decisions that may have an impact on the
special needs transportation costs and service delivery of other
programs and agencies in the community.
The agency council on coordinated transportation shall review and
recommend certification of local plans developed by regional
transportation planning organizations based on meeting federal
requirements. Each regional transportation planning organization must
submit to the council an updated plan that includes the elements,
consistent with federal planning requirements, identified by the
council beginning on July 1, 2007, and every four years thereafter.
Each regional transportation planning organization must submit to
the council every two years a prioritized regional human service and
transportation project list.
Sec. 5 RCW 47.80.023 and 1998 c 171 s 8 are each amended to read
as follows:
Each regional transportation planning organization shall have the
following duties:
(1) Prepare and periodically update a transportation strategy for
the region. The strategy shall address alternative transportation
modes and transportation demand management measures in regional
corridors and shall recommend preferred transportation policies to
implement adopted growth strategies. The strategy shall serve as a
guide in preparation of the regional transportation plan.
(2) Prepare a regional transportation plan as set forth in RCW
47.80.030 that is consistent with county-wide planning policies if such
have been adopted pursuant to chapter 36.70A RCW, with county, city,
and town comprehensive plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation elements
of comprehensive plans adopted by counties, cities, and towns within
the region reflect the guidelines and principles developed pursuant to
RCW 47.80.026, are consistent with the adopted regional transportation
plan, and, where appropriate, conform with the requirements of RCW
36.70A.070.
(4) Where appropriate, certify that county-wide planning policies
adopted under RCW 36.70A.210 and the adopted regional transportation
plan are consistent.
(5) Develop, in cooperation with the department of transportation,
operators of public transportation services and local governments
within the region, a six-year regional transportation improvement
program which proposes regionally significant transportation projects
and programs and transportation demand management measures. The
regional transportation improvement program shall be based on the
programs, projects, and transportation demand management measures of
regional significance as identified by transit agencies, cities, and
counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121,
respectively. The program shall include a priority list of projects
and programs, project segments and programs, transportation demand
management measures, and a specific financial plan that demonstrates
how the transportation improvement program can be funded. The program
shall be updated at least every two years for the ensuing six-year
period.
(6) Designate a lead planning agency to coordinate preparation of
the regional transportation plan and carry out the other
responsibilities of the organization. The lead planning agency may be
a regional organization, a component county, city, or town agency, or
the appropriate Washington state department of transportation district
office.
(7) Review level of service methodologies used by cities and
counties planning under chapter 36.70A RCW to promote a consistent
regional evaluation of transportation facilities and corridors.
(8) Work with cities, counties, transit agencies, the department of
transportation, and others to develop level of service standards or
alternative transportation performance measures.
(9) Submit to the agency council on coordinated transportation, as
provided in chapter 47.06B RCW, beginning on July 1, 2007, and every
four years thereafter, an updated plan that includes the elements
identified by the council. Each regional transportation planning
organization must submit to the council every two years a prioritized
regional human service and transportation project list.
NEW SECTION. Sec. 6 A new section is added to chapter 47.06B RCW
to read as follows:
The agency council on coordinated transportation shall submit a
progress report on council activities to the legislature by December 1,
2009, and every other year thereafter. The report must describe the
council's progress in attaining the applicable goals identified in the
council's biennial work plan and highlight any problems encountered in
achieving these goals. The information will be reported in a form
established by the council.
NEW SECTION. Sec. 7 (1) The joint transportation committee, in
consultation with the agency council on coordinated transportation and
the joint legislative audit and review committee, as deemed appropriate
by the committee, shall conduct a study and review the legal and
programmatic changes and best practices necessary for effective
coordination of transportation services at the regional level for
persons with special transportation needs.
(2) The study shall:
(a) Include a comprehensive, statewide survey of existing
transportation resources for persons with special transportation needs;
(b) Identify opportunities for improving coordination by
determining a uniform system of:
(i) Measuring and reporting trip costs;
(ii) Provider billing practices;
(iii) Provider agreements and reporting requirements; and
(iv) Sharing eligibility information and trip requirements; and
(c) Make recommendations for:
(i) Improving access to customer services;
(ii) Integrating services of transportation service providers and
brokers; and
(iii) Best practices to effectively coordinate transportation
services for persons with special transportation needs.
(3) In conducting the study, the committee shall:
(a) Convene one or more meetings to consult with local and regional
special needs transportation providers, brokers, users of transit
services, representatives of nonprofit organizations that provide
related transportation services, including hopelink, and
representatives of other agencies and organizations, including the
department of social and health services;
(b) Identify federal funding and related program barriers to
improved coordination between state and federal programs and to
reasonable cost sharing for those programs;
(c) Review and consider other relevant model coordinated special
needs transportation systems throughout the nation as a source of best
practices for Washington state, including the ACCESS transportation
system in Pittsburgh, Pennsylvania;
(d) Evaluate using nontraditional service providers, such as public
utility districts;
(e) Evaluate methods to influence facility siting decisions for
state agencies serving persons with special transportation needs in
order to make facilities accessible; and
(f) Evaluate appropriate standards and strategies for a
decentralized broker system, including the state's role in this system.
(4) The committee shall provide a draft final report to the
transportation committees of the senate and the house of
representatives by December 15, 2008.
Sec. 8 RCW 47.06B.900 and 1999 c 385 s 7 are each amended to read
as follows:
The agency council on coordinated transportation is terminated on
June 30, ((2007)) 2010, as provided in RCW 47.06B.901.
Sec. 9 RCW 47.06B.901 and 1999 c 385 s 8 are each amended to read
as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, ((2008)) 2011:
(1) RCW 47.06B.010 and 2007 c ... s 1 (section 1 of this act), 1999
c 385 s 1, & 1998 c 173 s 1;
(2) RCW 47.06B.012 and 1999 c 385 s 2;
(3) ((RCW 47.06B.015 and 1999 c 385 s 3;)) RCW 47.06B.020 and ((
(4)1999 c 385 s 4)) 2007 c ... s 2 (section
2 of this act) & 1998 c 173 s 2;
(((5))) (4) RCW 47.06B.030 and 2007 c ... s 3 (section 3 of this
act), 1999 c 385 s 5, & 1998 c 173 s 3; ((and)) (5) RCW 47.06B.040 and 2007 c ... s 4 (section 4 of this act)
& 1999 c 385 s 6; and
(6)
(6) Section 6 of this act.
NEW SECTION. Sec. 10 1999 c 372 s 13 is repealed.
NEW SECTION. Sec. 11 RCW 47.06B.015 (Program for Agency
Coordinated Transportation) and 1999 c 385 s 3 are each repealed."
SHB 1694 -
By Senators Murray, Swecker
ADOPTED 04/17/2007
On page 1, line 2 of the title, after "transportation;" strike the remainder of the title and insert "amending RCW 47.06B.010, 47.06B.020, 47.06B.040, 47.80.023, 47.06B.900, and 47.06B.901; reenacting and amending RCW 47.06B.030; adding a new section to chapter 47.06B RCW; creating a new section; repealing RCW 47.06B.015; and repealing 1999 c 372 s 13."
EFFECT: The agency council for coordinated transportation (ACCT) is reauthorized for three years and the duties of the council are clarified. The membership of ACCT is modified and greater input sought from persons with special transportation needs. ACCT is directed to establish statewide guidelines for appropriate complaint processes; applicants for state paratransit and special needs grants must follow the guidelines. ACCT is directed to participate in state emergency and disaster planning. Regional transportation planning organizations must submit plans to ACCT every four years but update project lists every two years. A JTC study on improving coordination at the regional level is due December 15, 2008. A number of technical changes are made.