ESHB 3096 -
By Committee on Transportation
ADOPTED 03/05/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that the replacement
of the vulnerable state route number 520 bridge is a matter of urgency
for the safety of Washington's traveling public and the needs of the
transportation system in central Puget Sound. The state route number
520 bridge is forty-four years old and has a useful remaining life of
between thirteen and eighteen years. While one hundred fifteen
thousand vehicles travel on the bridge each day, there is an ever
present likelihood that wind or an earthquake could suddenly destroy
the bridge or render it unusable. Therefore, the state must develop a
comprehensive approach to fund a state route number 520 bridge
replacement to be constructed by 2018.
NEW SECTION. Sec. 2 A new section is added to chapter 47.01 RCW
to read as follows:
(1) The state route number 520 bridge replacement and HOV project
shall be designed to provide six total lanes, with two lanes that are
for transit and high-occupancy vehicle travel, and four general purpose
lanes.
(2) The state route number 520 bridge replacement and HOV project
shall be designed to accommodate effective connections for transit,
including high capacity transit, to the light rail station at the
University of Washington.
NEW SECTION. Sec. 3 A new section is added to chapter 47.56 RCW
to read as follows:
The state route number 520 bridge replacement and HOV project
finance plan must include:
(1) Recognition of revenue sources that include: One billion seven
hundred million dollars in state and federal funds allocated to the
project; one billion five hundred million dollars to two billion
dollars in tolling revenue, including early tolls that could begin in
late 2009; eighty-five million dollars in federal urban partnership
grant funds; and other contributions from private and other government
sources; and
(2) Recognition of savings to be realized from:
(a) Potential early construction of traffic improvements from the
eastern Lake Washington shoreline to 108th Avenue Northeast in
Bellevue;
(b) Early construction of a single string of pontoons to support
two lanes that are for transit and high-occupancy vehicle travel and
four general purpose lanes;
(c) Preconstruction tolling to reduce total financing costs; and
(d) A deferral of the sales taxes paid on construction costs.
NEW SECTION. Sec. 4 A new section is added to chapter 47.56 RCW
to read as follows:
(1) Following the submission of the report required in section 6 of
this act, the department may seek authorization from the legislature to
collect tolls on the existing state route number 520 bridge or on a
replacement state route number 520 bridge.
(2) The schedule of toll charges must be established by the
transportation commission and collected in a manner determined by the
department.
NEW SECTION. Sec. 5 A new section is added to chapter 47.56 RCW
to read as follows:
The department shall work with the federal highways administration
to determine the necessary actions for receiving federal authorization
to toll the Interstate 90 floating bridge. The department must
periodically report the status of those discussions to the governor and
the joint transportation committee.
NEW SECTION. Sec. 6 (1) The executive director of the Puget
Sound regional council, the secretary of the department of
transportation or his or her designee, and a member of the state
transportation commission from King county shall form a state route
number 520 tolling implementation committee.
(2) The committee must:
(a) Evaluate the potential diversion of traffic from state route
number 520 to other parts of the transportation system, including state
route number 522 and local roadways, when tolls are implemented on
state route number 520 or other corridors, and recommend mitigation
measures to address the diversion;
(b) Evaluate the most advanced tolling technology to ensure an
efficient and timely trip for users of the state route number 520
bridge;
(c) Evaluate available active traffic management technology to
determine the most effective options for technology that could manage
congestion on the state route number 520 bridge and other impacted
facilities;
(d) Explore opportunities to partner with the business community to
reduce congestion and financially contribute to the state route number
520 bridge replacement project;
(e) Confer with the mayors and city councils of jurisdictions
adjacent to the state route number 520 corridor, the state route number
522 corridor, and the Interstate 90 corridor regarding the
implementation of tolls, the impacts that the implementation of tolls
might have on the operation of the corridors, the diversion of traffic
to local streets, and potential mitigation measures;
(f) Conduct public work sessions and open houses to provide
information to citizens, including users of the bridge and business and
freight interests, regarding implementation of tolls on the state route
number 520 bridge and solicit citizen views on the following items:
(i) Funding a portion of the state route number 520 bridge
replacement project with tolls on the existing bridge;
(ii) Funding the state route number 520 bridge replacement project
and improvements on the Interstate 90 bridge with a toll paid by
drivers on both bridges;
(iii) Providing incentives and choices for users of the state route
number 520 bridge replacement project to use transit and to carpool;
and
(iv) Implementing variable tolling as a way to reduce congestion on
the facility; and
(g) Provide a report to the governor and the legislature by January
2009.
(3) The department of transportation shall provide staff support to
the committee.
NEW SECTION. Sec. 7 A new section is added to chapter 47.01 RCW
to read as follows:
(1)(a) Any person involved in the construction of the state route
number 520 bridge replacement and HOV project may apply for deferral of
state and local sales and use taxes on the site preparation for, the
construction of, the acquisition of any related machinery and equipment
that will become a part of, and the rental of equipment for use in, the
project.
(b) Application shall be made to the department of revenue in a
form and manner prescribed by the department of revenue. The
application must contain information regarding estimated or actual
costs, time schedules for completion and operation, and other
information required by the department of revenue. The department of
revenue shall approve the application within sixty days if it meets the
requirements of this section.
(2) The department of revenue shall issue a sales and use tax
deferral certificate for state and local sales and use taxes imposed or
authorized under chapters 82.08, 82.12, and 82.14 RCW and RCW
81.104.170 on the project.
(3) A person granted a tax deferral under this section shall begin
paying the deferred taxes in the fifth year after the date certified by
the department of revenue as the date on which the project is
operationally complete. The project is operationally complete under
this section when the replacement bridge is constructed and opened to
traffic. The first payment is due on December 31st of the fifth
calendar year after the certified date, with subsequent annual payments
due on December 31st of the following nine years. Each payment shall
equal ten percent of the deferred tax.
(4) The department of revenue may authorize an accelerated
repayment schedule upon request of a person granted a deferral under
this section.
(5) Interest shall not be charged on any taxes deferred under this
section for the period of deferral, although all other penalties and
interest applicable to delinquent excise taxes may be assessed and
imposed for delinquent payments under this section. The debt for
deferred taxes is not extinguished by insolvency or other failure of
any private entity granted a deferral under this section.
(6) Applications and any other information received by the
department of revenue under this section are not confidential and are
subject to disclosure. Chapter 82.32 RCW applies to the administration
of this section.
(7) For purposes of this section, "person" has the same meaning as
in RCW 82.04.030 and also includes the department of transportation.
NEW SECTION. Sec. 8 Section 6 of this act expires February 1,
2009."
ESHB 3096 -
By Committee on Transportation
ADOPTED 03/05/2008
On page 1, line 2 of the title, after "project;" strike the remainder of the title and insert "adding new sections to chapter 47.01 RCW; adding new sections to chapter 47.56 RCW; creating new sections; and providing an expiration date."
EFFECT: Payment of state and local sales and use tax applicable to site acquisition, construction, and equipment related to the SR 520 bridge replacement project may be deferred until five years after the project is open to traffic. The financial plan for the SR 520 bridge replacement project must include the assumption of a sales tax deferral, rather than a sales tax rebate.