| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 03/05/07.
AN ACT Relating to authorizing the creation of regional transportation commissions; amending RCW 47.80.020, 47.80.060, 81.112.080, 47.56.030, 47.80.040, 82.14.430, 82.80.010, 82.80.030, 82.80.100, 82.80.110, 82.80.120, 81.100.030, 47.56.075, 82.32.470, 82.14.050, 82.80.080, and 81.112.030; reenacting and amending RCW 81.100.060; adding a new section to chapter 47.01 RCW; adding a new chapter to Title 36 RCW; creating new sections; repealing RCW 36.120.010, 36.120.020, 36.120.030, 36.120.040, 36.120.045, 36.120.050, 36.120.060, 36.120.070, 36.120.080, 36.120.090, 36.120.100, 36.120.110, 36.120.120, 36.120.130, 36.120.140, 36.120.150, 36.120.160, 36.120.170, 36.120.180, 36.120.190, 36.120.200, 36.120.210, 36.120.900, 36.120.901, and 82.44.135; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101
(1) The absence of unified regional transportation governance,
planning, funding, and prioritization has resulted in a road and
transit system that is inadequate for the current and future needs of
the state, particularly in dense urban regions. There is a severe
strain on regional transportation systems that is clearly noticeable
through several important indicators, including congestion. Continued
population and transportation demand growth has created a looming
regional transportation crisis caused in part by a history of under
funding transportation.
(2) The existing approach to transportation governance has left the
state with a struggle to maintain deteriorating transportation
infrastructure, insufficient road and transit capacity, an inconsistent
system for planning and funding transportation, insufficient
cooperation among transportation jurisdictions, and reduced public
confidence in governmental ability to solve transportation problems.
(3) An overly localized and insufficient focus on regional needs,
particularly on large and multijurisdictional projects, have caused
costly delays in constructing new transit and highway systems.
Regional transportation projects must be effectively prioritized on a
unified basis, but this has not occurred because there is no regional
governmental entity responsible for prioritizing regional projects
across geographic lines and modes.
(4) There is an inadequate connection between transportation
demand, land use planning, and transportation planning, which also
causes costly delays in meeting transportation demand. No governmental
entity views the systemic needs of the entire region, and
prioritization of those needs, as its primary responsibility.
(5) The lack of transportation demand/capacity management, pricing
coordination, mass transit, and coordinated transportation governance
is limiting the mobility of both people and goods in the state.
(6) Most transit systems were initially developed to provide local
service, but are now forced to play a large role in regional
transportation networks. Effective transportation planning in
urbanized regions requires stronger and clearer lines of responsibility
and accountability. Integrated, multimodal transportation planning and
prioritization will help reduce transportation congestion and improve
security and safety, and that streamlined decision making will help
reduce political congestion.
(7) The coordinated planning of, investment in, and operation of
transportation systems will have significant benefit to the citizens of
Washington, and it is the will of the people to fund regional
transportation solutions, including improving transit service in
urbanized areas and among multiple transit agencies. Equity
considerations must be respected, but transportation problems are
broader and deeper than the sum of geographic subareas.
(8) Our current system of transportation governance delivers
inadequate results, and requires fundamental systemic change to meet
our state's transportation needs.
(9) Accordingly, the policy of the state of Washington is to allow
the formation of regional transportation commissions as regional
transportation governing entities more directly accountable to the
public, to coordinate and prioritize regional transportation planning,
to fund regional mobility projects, and to develop and facilitate the
implementation of integrated regional transportation demand, capacity,
pricing, and operating solutions.
NEW SECTION. Sec. 201
(1) "Regional transportation commission" or "commission" means a
municipal corporation created under this chapter or the governing body
of commissioners of the municipal corporation.
(2) "Component county" means a county included in the jurisdiction
of a regional transportation commission.
(3) "Department" means the department of transportation.
(4) "Local elected official" means an individual who has been
elected to serve as a mayor, executive, councilmember, or commissioner
for a county, city, town, or port within a regional transportation
commission's geographic area.
(5) "Mobility project" means:
(a) The design, financing, construction, operation, and maintenance
of a road, street, highway, high-occupancy vehicle lane, ramp, parking
facility, vehicle pullout, signal, meter, or other transportation
system management improvement or public transportation facility,
including equipment; or
(b) Public transportation, including the transport of passengers,
their incidental baggage, and packages, together with the necessary
passenger terminals and parking facilities or other properties
necessary for passenger and vehicular access to and from these
people-moving systems. Public transportation includes, without
limitation, buses, vans, trolleys, and rail-based transit. Public
transportation does not include personal vehicles, chartered buses,
sightseeing buses, taxicabs regulated under chapter 81.72 RCW, or
similar means of conveyance, or Washington state ferries.
(6) "Mobility project of regional significance" means a mobility
project that connects or serves two or more counties or that a
commission otherwise designates as having major significance to
regional transportation. "Mobility project of regional significance"
includes all public transportation of a regional transit authority that
includes more than one county.
(7) "Transportation policy board" means a body convened by the
commission under section 304 of this act.
(8) "Public transportation agency" means any municipal corporation,
state department or agency, or other entity, instrumentality, or
division, or affiliate that owns or operates public transportation.
"Public transportation agency" includes, without limitation, regional
transit authorities and the department.
(9) "Regional mobility investment plan" or "plan" means a regional
mobility investment plan prepared in accordance with section 305 of
this act.
NEW SECTION. Sec. 301
(2) A regional transportation commission must be created by
ordinance of the legislative authorities of the contiguous counties
referenced in subsection (1) of this section such that the governing
body is fully constituted, and the commission is authorized to exercise
the powers granted in section 303 of this act, by January 1, 2009.
However, a commission may not be created before January 1, 2008.
(3) A regional transportation commission is a municipal corporation
and possesses all the usual corporate powers as well as all other
powers conferred by statute.
(4) A regional transportation commission is an independent taxing
authority within the meaning of Article VII, section 1 of the state
Constitution, and a taxing district within the meaning of Article VII,
section 2 of the state Constitution. However, solely for the purposes
of establishing the regional transportation commission's independent
taxing authority and the taxing district boundaries, the taxing
district shall not include the following geographic area, and the
commission shall not impose or authorize any taxes, fees, tolls, or
charges within the geographic area:
(a) Any portion of a county that is located on a peninsula if it is
connected to the other portion of the county by a bridge improved under
chapter 47.46 RCW, and any marine island in that county adjacent to
that peninsula; and
(b) The complete boundaries of a county with a population greater
than two hundred thirty thousand, but fewer than five hundred thousand.
(5) The state and federal regional planning functions prescribed
under this act must apply throughout the complete boundaries of all the
counties described in subsection (1) of this section.
(6) A regional transportation commission may be expanded to include
the complete boundaries of additional contiguous counties, regardless
of population, if the commission and the legislative authority of every
county in the proposed expanded commission adopts a resolution
authorizing the expanded commission. At least sixty days before
adopting a resolution approving expansion, the commission shall adopt
policies governing the expansion process and integration of new
counties into the existing commission. However, only one regional
transportation commission may exist in any county or counties.
NEW SECTION. Sec. 302
(2) Commissioners are apportioned and elected as follows:
(a) One commissioner appointed by each county executive of the
component counties, or by the chair of the component county's
legislative authority if the position of county executive is not
applicable, and confirmed by the legislative authority of the
respective component county. The appointments should include
individuals who have experience in regional transportation issues and
are experienced in the design, construction, operation, maintenance, or
financing of public transportation and mobility projects;
(b) Eight commissioners apportioned to eight geographical districts
and elected on a nonpartisan basis. Each commissioner representing a
district must be a registered voter residing within that district.
Initial apportionment and establishment of district lines must be
determined by the component counties within thirty days of the
formation of a regional transportation commission according to the
requirements in (c) of this subsection. Subsequent reapportionment and
drawing of district lines must be conducted by the Washington state
redistricting commission during its decennial redistricting operations
under Article II, section 43 of the state Constitution;
(c) Each district must contain a population, excluding nonresident
military personnel, as equal as practicable to the population of any
other district. To a reasonable extent, each district must contain
contiguous territory, be compact and convenient, and be separated from
adjoining districts by natural geographic barriers, artificial
barriers, or political subdivision boundaries. However, commissioners
may not be apportioned, and districts may not be established, for the
geographic area described in section 301(4) (a) and (b) of this act.
(3) Commissioners shall serve six-year terms of office, except that
three of the initially elected commissioners representing a district
shall serve a two-year term of office and three of the initially
elected commissioners representing a district shall serve four-year
terms. The component counties shall designate which districts have
commissioners that serve two-year, four-year, and six-year terms. The
first election for commissioners must be held at the general election
following the formation of a commission, consistent with Title 29A RCW.
(4) The commissioners shall appoint a chair every three years from
among the commission membership.
(5) Vacancies in appointed positions must be filled by appointment
of the county executive representing the county that the vacating
appointee represented, and the appointee filling the vacancy shall
serve for the remainder of the unexpired term of the respective office.
Vacancies in elected positions must be filled by a person approved by
a majority of the remaining commissioners, who shall serve on an
interim basis until the vacancy is filled at the next general election
held more than one hundred eighty days after the date the vacancy is
filled, or for the remainder of the unexpired term of the respective
office, whichever comes sooner. A person elected to fill a vacancy
shall serve for the remainder of the unexpired term of the respective
office.
(6) Commissioners may only be removed for malfeasance or
misfeasance in office.
NEW SECTION. Sec. 303
(1) Prepare, adopt, and implement a comprehensive and integrated
corridor-based multimodal regional mobility investment plan described
under section 305 of this act that plans, prioritizes, and finances
improvements to highways, streets, roads, and public transportation
that will serve the residents of the region, and amend the plan to meet
changed conditions and requirements. In implementing the plan, or
exercising its authority under this section, the commission may: Levy,
impose, collect, and spend taxes, user fees, tolls, and charges;
receive and spend state, federal, and private funds; and lend and grant
funds to public transportation agencies, cities, counties, other local
governments, and the department for the purposes of planning,
designing, constructing, operating, or maintaining mobility projects,
including, without limitation, public transportation;
(2) Consistent with its functions as a regional transportation
planning organization under subsection (7) of this section: Conduct
comprehensive and integrated corridor-based multimodal transportation
planning and prioritization activities that will improve the mobility
of people and goods in the region; reduce transportation congestion,
improve security and safety; coordinate and integrate transportation
and land use planning, including multimodal transportation improvements
and strategies that comply with the transportation concurrency
requirements under RCW 36.70A.070(6) and 36.70A.108; improve modal
connectivity; and generally assist in providing an efficient regional
transportation system. The transportation planning and prioritization
activities must provide for, wherever feasible, transportation
demand/capacity management, pricing coordination, mass transit, and
coordinated transportation governance. Corridor planning should
include the full range of strategies available that most efficiently
move people and goods consistent with the region's land use goals
including, without limitation: Demand management tools, such as
congestion pricing, parking pricing, and trip reduction incentives;
high capacity transit expansion; increased local transit; investments
in regionally significant bicycle paths and pedestrian connections; and
expanded roadway capacity;
(3) Establish routes and classes of service, fix rates, tolls,
fares, and charges for public transportation services or routes that
constitute public transportation of regional significance;
(4) In consultation with local public transportation agencies
operating within the region, establish a program for interconnecting
fares, schedules, and transfers on trips using public transportation
agencies for public transportation or public transportation routes that
constitute public transportation of regional significance, and require
the participation of public transportation agencies in that program.
In developing the program under this subsection (4), the commission
shall develop standards for the coordination of capital investment,
service standards, and service coordination of public transportation
agencies in the region. The goal of these standards is to maximize
coordination within and among systems, use resources more effectively,
and enhance services to the public. The standards must also address
vanpool coordination, fare policies, and transportation demand
management programs;
(5) Establish a procedure requiring that bond issues, taxes, user
fees, tolls, or charges that (a) require voter approval, for mobility
projects located within the commission's geographic boundaries and (b)
constitute mobility projects of regional significance, be approved by
the commission before placing those bond or revenue measures on a
ballot for voter approval. Bond issues, property taxes, and excise
taxes for mobility projects that do not constitute mobility projects of
regional significance shall not require a commission's approval before
being placed on the ballot;
(6) Negotiate with the state and appropriate local jurisdictions to
prioritize all state transportation projects within the commission's
borders and the order in which state transportation funds for mobility
projects within the commission's borders are expended;
(7) Serve as the regional transportation planning organization
under chapter 47.80 RCW for the area within the commission's borders
and, if designated or redesignated under federal law, serve as the
metropolitan planning organization for the commission's geographic
area. A commission has all the powers and responsibilities of a
regional transportation planning organization described under chapter
47.80 RCW. The commission is the lead planning agency for planning
under chapter 47.80 RCW unless the commission designates another lead
agency for a specified project. If a commission is fully constituted
and authorized to exercise its powers as prescribed in section 301(2)
of this act within a geographic area that includes an existing regional
transportation planning organization and metropolitan planning
organization, the planning organizations dissolve upon the exercise of
the commission's powers, and all the obligations of the planning
organizations must be transferred to the commission as successor to the
planning organizations. However, the existing metropolitan planning
organization dissolves, and its obligations transfer to the commission
as the successor entity, only if the commission is designated or
redesignated under federal law to serve as the metropolitan planning
organization. The regional transportation planning organization's
powers and responsibilities may be exercised whether the commission has
been designated or redesignated under federal law to serve as the
metropolitan planning organization;
(8) Employ or contract with engineering, legal, financial, or other
employees, specialized personnel, or consultants as necessary to
accomplish the purposes of the commission;
(9) Exercise all other powers necessary and appropriate to carry
out its responsibilities including, without limitation, the power to
sue and be sued, to enter into contracts, and to acquire, own, and
transfer real and personal property and property rights by lease,
sublease, purchase, or sale. A commission may establish an expert
review panel, composed of members with areas of expertise that benefit
the commission, to review, analyze, and make recommendations on any
aspect of a proposed mobility project of regional significance. A
commission may also sell, lease, convey, or otherwise dispose of any
real or personal property or property rights no longer necessary or
desirable for the conduct of the affairs of the commission. However,
unless negotiated and agreed upon by applicable parties, a regional
transportation commission may not own, operate, construct, or maintain
mobility projects or public transportation assets, but shall contract
or otherwise provide for such ownership, operation, construction, or
maintenance to be carried out by other public or private entities;
(10) In accordance with section 306 of this act, determine and
establish the tolls and charges for mobility projects of regional
significance within the commission's geographic area. Any
determination and establishment of tolls and charges for bridges,
highways, lanes, roads, and other facilities must be consistent with
tolling policies adopted by the transportation commission;
(11) If approved by the governor and necessary local parties under
23 U.S.C. Sec. 134, be the metropolitan planning organization for the
region to promote consistency between transportation improvements and
state and local planned growth and economic development patterns;
(12) Establish an incentives-based process of negotiating
cooperative relationships with affected local jurisdictions within the
region in order to promote an efficient, comprehensive, and integrated
corridor-based multimodal regional transportation system;
(13) Enter into interlocal agreements or agreements with local
governments, the state, or the federal government regarding the
establishment, composition, and responsibilities of a transportation
policy board under section 304 of this act; and
(14) Adopt policies and procedures regarding the reimbursement for
expenses incurred by commissioners for activities related to their work
as commissioners.
NEW SECTION. Sec. 304
(2) The commission, along with local governments, the state, and
the federal government as required under section 303(13) of this act,
shall jointly determine the composition and responsibilities of the
transportation policy board, including any functions necessary to
comply with federal law as directed by a federal agency. Members
should include local elected officials, representatives of public
transportation agencies, the secretary of transportation or his or her
designee, representatives of private sector transportation and shipping
industries, private citizens, and representatives of major employers
within the region. Members of a commission may also be appointed as
transportation policy board members, and elected commissioners who
serve on a transportation policy board are deemed local elected
officials for the purposes of this section.
(3) The transportation policy board shall formally review and
comment on the regional mobility investment plan, the transportation
improvement program prepared to comply with applicable federal law, and
other transportation planning documents relevant to the region before
adoption and implementation by the commission. The transportation
policy board shall hold at least one public hearing in each component
county before issuing formal comments on a transportation improvement
program.
(4) If required by a federal agency, the commission may provide
that a transportation improvement program for federal purposes be
approved by the transportation policy board and that the transportation
policy board serve as the policy board of a metropolitan planning
organization under 23 U.S.C. Sec. 134 and 23 C.F.R. Part 450. However,
any transportation improvement program shall not be considered adopted
unless it receives final approval from the commission.
NEW SECTION. Sec. 305
(b) Projects in the plan must be evaluated against the following
criteria:
(i) Preservation: To maintain, preserve, and extend the life and
utility of prior investments in transportation systems and services;
(ii) Safety: To provide for and improve the safety and security of
transportation customers and the transportation system;
(iii) Mobility: To improve the predictable movement of goods and
people throughout the region;
(iv) Environment: To enhance the region's quality of life through
transportation investments that promote energy conservation, enhance
healthy communities, and protect the environment; and
(v) Stewardship: To be effective managers of the regional
transportation system.
(2) An initial plan must be placed on a general election ballot for
elector approval. However, before being submitted for elector
approval, the plan must receive unanimous approval of the commission.
If a majority of the electors voting on the plan vote in favor of it,
the commission may implement measures contained in the plan. The
ballot title must reference the regional mobility investment plan.
However, if a regional transportation commission is fully constituted
and authorized to exercise its powers as prescribed in section 301(2)
of this act, after voter approval of a ballot measure under RCW
36.120.070, the commission, without the need for additional voter
approval, shall adopt the regional transportation investment district
voter-approved plan as part of the commission's regional mobility
investment plan. Subject to unanimous approval of the commission, the
commission may submit subsequent plans for voter approval at general or
special elections that the commission determines as appropriate.
(3) Municipal corporations within a commission's borders, including
regional transit authorities, may request that the commission
incorporate, in the regional mobility investment plan, any local plans
or proposed mobility projects, or both, together with taxes, user fees,
tolls, and charges to finance those projects. Voter approval of a
regional mobility investment plan that includes local plans or proposed
mobility projects, or both, constitutes the necessary voter approval
for (a) the local plans and projects and (b) the levy, imposition, or
authorization of the local taxes, tolls, charges, and user fees by the
municipal corporations. The commission shall establish procedures for
the inclusion of local plans, proposed projects, taxes, and user fees
in the regional mobility investment plan. The commission may decline
to include any local plans, projects, taxes, tolls, charges, or user
fees in the regional mobility investment plan.
(4) After a regional mobility investment plan has received voter
approval, a two-thirds majority of the commission may amend any aspect
of the plan including, without limitation, the regional project list
and prioritization of projects included in the plan, and may redirect
the expenditure of taxes, user fees, tolls, and charges. The plan may
also be amended in any respect by a majority vote of the electors of
the commission, if the amendments are proposed to the electors by a
majority of the commission. A local jurisdiction or transit agency
shall not redirect taxes or fees approved by voters as part of a
regional mobility investment plan without the approval of a two-thirds
majority of the commission.
(5) Before adoption, approval, or amendment of a regional mobility
investment plan, the commission shall review any recommendations of the
transportation policy board and hold at least one public hearing in
each component county to allow citizens, public agencies, freight
shippers, providers of freight and public transportation services,
representatives of pedestrian walkway and bicycle facility users,
representatives for individuals with disabilities, and agencies for
safety/security operations a reasonable opportunity to be involved in
the transportation planning process.
(6) Under no circumstances will cost overruns be the obligation of
the state.
NEW SECTION. Sec. 306
(a) A regional sales and use tax, as specified in RCW 82.14.430, of
up to one percent of the selling price, in the case of a sales tax, or
value of the article used, in the case of a use tax, upon the
occurrence of any taxable event in the regional transportation
commission's boundaries;
(b) A local option vehicle license fee, as specified under RCW
82.80.100, of up to one hundred dollars per vehicle registered in the
commission's boundaries. As used in this subsection, "vehicle" means
motor vehicle as defined in RCW 46.04.320. Certain classes of
vehicles, as defined under chapter 46.04 RCW, may be exempted from this
fee;
(c) A parking tax under RCW 82.80.030;
(d) A local motor vehicle excise tax under RCW 81.100.060;
(e) A local option fuel tax under RCW 82.80.120;
(f) An employer excise tax under RCW 81.100.030; and
(g) Vehicle tolls, including corridor tolling, and demand
management charges on mobility projects of regional significance
including, without limitation, state or federal highways within the
boundaries of the commission, if the following conditions are met:
(i) The regional mobility investment plan must identify the
facilities that may be tolled;
(ii) The tolls must be consistent with tolling policies adopted by
the transportation commission; and
(iii) Unless otherwise specified by law or by contract between a
commission and the department, the department shall administer the
collection of vehicle rates, tolls, and charges on designated
facilities, which must, if required by the department, be compatible
with statewide standards and protocols for intermodal and interfacility
charges. For purposes of this section, "vehicle tolls" includes
vehicle user fees imposed for capacity/demand management including, but
not limited to, high-occupancy lane charges, value pricing, and
congestion pricing.
(2) Taxes and vehicle license fees described in this section may
not be imposed or authorized without an affirmative vote of the
majority of the voters within the boundaries of the regional
transportation commission voting on a ballot proposition either as part
of the voter approval of a regional mobility investment plan under
section 305 of this act or as a separate ballot measure. Vehicle tolls
may be imposed or authorized on any project approved by the commission.
Revenues from taxes, fees, and tolls may be used only to implement a
regional mobility investment plan as set forth in this chapter and to
provide for the commission's costs incurred in carrying out its
responsibilities under this chapter. A commission may contract with
the state department of revenue or other appropriate entities for the
administration and collection of any of the taxes, fees, charges, or
tolls authorized in this section.
(3) A commission may impose taxes or fees that are substantially
similar to those previously imposed or levied by a regional transit
authority within the commission's geographic area under chapter 81.104
RCW, only to the extent that the tax or fee does not exceed the
statutory limits prescribed under this section.
(4) A commission shall not, unless otherwise negotiated and agreed
upon by applicable parties, directly spend, or otherwise control, a
local jurisdiction's or transit agency's locally imposed funds.
(5) The taxes, fees, charges, and tolls collected by a commission
are not subject to utility, business and occupation, or other excise
taxes imposed by municipal corporations located within the commission's
boundaries.
NEW SECTION. Sec. 307
(2) If the treasurer of the commission is also the treasurer of a
county, all commission funds must be deposited with a county depository
under the same restrictions, contracts, and security as provided for
county depositories. If the treasurer of the commission is not the
treasurer of a county, all funds must be deposited in a bank or banks
that are public depositaries as defined in RCW 39.58.010 and are
qualified for insured deposits under any federal deposit insurance act
as the commission, by resolution, designates, or funds shall be
invested in legal investments for counties.
(3) The commission may provide and require a reasonable bond of any
other person handling money or securities of the commission, but the
commission shall pay the premium on the bond.
NEW SECTION. Sec. 308
NEW SECTION. Sec. 309
NEW SECTION. Sec. 310
(2) If a commission is formed in an area with an existing regional
transit agency, the commission shall, as a successor employer,
initially hire all employees of the regional transit agency engaged in
long-range planning, including system plans, to continue employment in
substantively similar positions and on terms similar to their prior
employment.
(3) This section does not prevent the dismissal of employees that
is necessary to meet budget constraints or for other reasons in the
ordinary course of business.
(4) The combined staff indicated under this section shall work
cooperatively, and in a coordinated fashion, with the administrative
region within the department of transportation established under
section 316 of this act. The commission shall establish a negotiated
process with the department, and other applicable local planning
offices, that ensures the respective agencies are planning for a
comprehensive and integrated corridor-based multimodal regional
transportation system.
NEW SECTION. Sec. 311
(2) The commission shall submit to the legislature a report and
recommendations regarding the application of regional transportation
governance to waterways and passenger-only ferries in the central Puget
Sound region no later than eighteen months after formation of the
commission.
Sec. 312 RCW 47.80.020 and 1990 1st ex.s. c 17 s 54 are each
amended to read as follows:
The legislature hereby authorizes creation of regional
transportation planning organizations within the state. Each regional
transportation planning organization shall be formed through the
voluntary association of local governments within a county, or within
geographically contiguous counties. Each organization shall:
(1) Encompass at least one complete county;
(2) Have a population of at least one hundred thousand, or contain
a minimum of three counties; and
(3) Have as members all counties within the region, and at least
sixty percent of the cities and towns within the region representing a
minimum of seventy-five percent of the cities' and towns' population.
The state department of transportation must verify that each
regional transportation planning organization conforms with the
requirements of this section. If a regional transportation commission
serves as the regional transportation planning organization under
section 303 of this act, it shall be deemed in conformance with the
requirements of this section.
In urbanized areas, the regional transportation planning
organization is the same as the metropolitan planning organization
designated for federal transportation planning purposes. If a regional
transportation commission serves as the regional transportation
planning organization under section 303 of this act and if required by
a federal agency, the transportation policy board of the regional
transportation commission may, subject to section 304(4) of this act,
take approval actions required of metropolitan planning organizations
under 23 U.S.C. Sec. 134 and 23 C.F.R. Part 450.
Sec. 313 RCW 47.80.060 and 2005 c 334 s 1 are each amended to
read as follows:
In order to qualify for state planning funds available to regional
transportation planning organizations, the regional transportation
planning organizations containing any county with a population in
excess of one million shall provide voting membership on its executive
board to the state transportation commission, the state department of
transportation, and the four largest public port districts within the
region as determined by gross operating revenues. It shall further
assure that at least fifty percent of the county and city local elected
officials who serve on the executive board also serve on transit agency
boards or on a regional transit authority. This section does not apply
to a regional transportation commission that serves as a regional
transportation planning organization under section 303 of this act.
Sec. 314 RCW 81.112.080 and 1992 c 101 s 8 are each amended to
read as follows:
An authority shall have the following powers in addition to the
general powers granted by this chapter:
(1) To carry out the planning processes set forth in RCW
81.104.100. If an authority is located in the geographic area of a
regional transportation commission created under section 301 of this
act, the regional transportation commission shall carry out the
planning process set forth in RCW 81.104.100;
(2) To acquire by purchase, condemnation, gift, or grant and to
lease, construct, add to, improve, replace, repair, maintain, operate,
and regulate the use of high capacity transportation facilities and
properties within authority boundaries including surface, underground,
or overhead railways, tramways, busways, buses, bus sets, entrained and
linked buses, ferries, or other means of local transportation except
taxis, and including escalators, moving sidewalks, personal rapid
transit systems or other people-moving systems, passenger terminal and
parking facilities and properties, and such other facilities and
properties as may be necessary for passenger, vehicular, and vessel
access to and from such people-moving systems, terminal and parking
facilities and properties, together with all lands, rights of way,
property, equipment, and accessories necessary for such high capacity
transportation systems. When developing specifications for high
capacity transportation system operating equipment, an authority shall
take into account efforts to establish or sustain a domestic
manufacturing capacity for such equipment. The right of eminent domain
shall be exercised by an authority in the same manner and by the same
procedure as or may be provided by law for cities of the first class,
except insofar as such laws may be inconsistent with the provisions of
this chapter. Public transportation facilities and properties which
are owned by any city, county, county transportation authority, public
transportation benefit area, or metropolitan municipal corporation may
be acquired or used by an authority only with the consent of the agency
owning such facilities. Such agencies are hereby authorized to convey
or lease such facilities to an authority or to contract for their joint
use on such terms as may be fixed by agreement between the agency and
the authority((.));
The facilities and properties of an authority whose vehicles will
operate primarily within the rights of way of public streets, roads, or
highways, may be acquired, developed, and operated without the corridor
and design hearings that are required by RCW 35.58.273 for mass transit
facilities operating on a separate right of way
(3) To dispose of any real or personal property acquired in
connection with any authority function and that is no longer required
for the purposes of the authority, in the same manner as provided for
cities of the first class. When an authority determines that a
facility or any part thereof that has been acquired from any public
agency without compensation is no longer required for authority
purposes, but is required by the agency from which it was acquired, the
authority shall by resolution transfer it to such agency;
(4) To fix rates, tolls, fares, and charges for the use of such
facilities and to establish various routes and classes of service,
subject to approval by and coordination with a regional transportation
commission under section 303 of this act. Fares or charges may be
adjusted or eliminated for any distinguishable class of users.
Sec. 315 RCW 47.56.030 and 2002 c 114 s 19 are each amended to
read as follows:
(1) Except as permitted under chapter 47.46 RCW or sections 301
through 305 of this act:
(a) The department of transportation shall have full charge of the
construction of all toll bridges and other toll facilities including
the Washington state ferries, and the operation and maintenance
thereof.
(b) The transportation commission shall determine and establish the
tolls and charges thereon, and shall perform all duties and exercise
all powers relating to the financing, refinancing, and fiscal
management of all toll bridges and other toll facilities including the
Washington state ferries, and bonded indebtedness in the manner
provided by law.
(c) The department shall have full charge of design of all toll
facilities.
(d) Except as provided in this section, the department shall
proceed with the construction of such toll bridges and other facilities
and the approaches thereto by contract in the manner of state highway
construction immediately upon there being made available funds for such
work and shall prosecute such work to completion as rapidly as
practicable. The department is authorized to negotiate contracts for
any amount without bid under (d)(i) and (ii) of this subsection:
(i) Emergency contracts, in order to make repairs to ferries or
ferry terminal facilities or removal of such facilities whenever
continued use of ferries or ferry terminal facilities constitutes a
real or immediate danger to the traveling public or precludes prudent
use of such ferries or facilities; and
(ii) Single source contracts for vessel dry dockings, when there is
clearly and legitimately only one available bidder to conduct dry dock-related work for a specific class or classes of vessels. The contracts
may be entered into for a single vessel dry docking or for multiple
vessel dry dockings for a period not to exceed two years.
(2) The department shall proceed with the procurement of materials,
supplies, services, and equipment needed for the support, maintenance,
and use of a ferry, ferry terminal, or other facility operated by
Washington state ferries, in accordance with chapter 43.19 RCW except
as follows:
(a) Except as provided in (d) of this subsection, when the
secretary of the department of transportation determines in writing
that the use of invitation for bid is either not practicable or not
advantageous to the state and it may be necessary to make competitive
evaluations, including technical or performance evaluations among
acceptable proposals to complete the contract award, a contract may be
entered into by use of a competitive sealed proposals method, and a
formal request for proposals solicitation. Such formal request for
proposals solicitation shall include a functional description of the
needs and requirements of the state and the significant factors.
(b) When purchases are made through a formal request for proposals
solicitation the contract shall be awarded to the responsible proposer
whose competitive sealed proposal is determined in writing to be the
most advantageous to the state taking into consideration price and
other evaluation factors set forth in the request for proposals. No
significant factors may be used in evaluating a proposal that are not
specified in the request for proposals. Factors that may be considered
in evaluating proposals include but are not limited to: Price;
maintainability; reliability; commonality; performance levels; life
cycle cost if applicable under this section; cost of transportation or
delivery; delivery schedule offered; installation cost; cost of spare
parts; availability of parts and service offered; and the following:
(i) The ability, capacity, and skill of the proposer to perform the
contract or provide the service required;
(ii) The character, integrity, reputation, judgment, experience,
and efficiency of the proposer;
(iii) Whether the proposer can perform the contract within the time
specified;
(iv) The quality of performance of previous contracts or services;
(v) The previous and existing compliance by the proposer with laws
relating to the contract or services;
(vi) Objective, measurable criteria defined in the request for
proposal. These criteria may include but are not limited to items such
as discounts, delivery costs, maintenance services costs, installation
costs, and transportation costs; and
(vii) Such other information as may be secured having a bearing on
the decision to award the contract.
(c) When purchases are made through a request for proposal process,
proposals received shall be evaluated based on the evaluation factors
set forth in the request for proposal. When issuing a request for
proposal for the procurement of propulsion equipment or systems that
include an engine, the request for proposal must specify the use of a
life cycle cost analysis that includes an evaluation of fuel
efficiency. When a life cycle cost analysis is used, the life cycle
cost of a proposal shall be given at least the same relative importance
as the initial price element specified in the request of proposal
documents. The department may reject any and all proposals received.
If the proposals are not rejected, the award shall be made to the
proposer whose proposal is most advantageous to the department,
considering price and the other evaluation factors set forth in the
request for proposal.
(d) If the department is procuring large equipment or systems
(e.g., electrical, propulsion) needed for the support, maintenance, and
use of a ferry operated by Washington state ferries, the department
shall proceed with a formal request for proposal solicitation under
this subsection (2) without a determination of necessity by the
secretary.
NEW SECTION. Sec. 316 A new section is added to chapter 47.01
RCW to read as follows:
(1) The secretary shall reorganize the department's existing
administrative regions such that one administrative region is dedicated
solely to supporting King, Pierce, and Snohomish counties.
(2) If a regional transportation commission is formed under section
301 of this act, and in accordance with section 310 of this act, the
department's administrative region established under this section shall
work cooperatively, and in a coordinated fashion, with the planning
staff employed by the regional transportation commission.
Additionally, the department shall participate in the negotiated
planning process provided under section 310 of this act.
Sec. 317 RCW 47.80.040 and 2003 c 351 s 1 are each amended to
read as follows:
Each regional transportation planning organization shall create a
transportation policy board. Transportation policy boards shall
provide policy advice to the regional transportation planning
organization and shall allow representatives of major employers within
the region, the department of transportation, transit districts, port
districts, and member cities, towns, and counties within the region to
participate in policy making. Any members of the house of
representatives or the state senate whose districts are wholly or
partly within the boundaries of the regional transportation planning
organization are considered ex officio, nonvoting policy board members
of the regional transportation planning organization. This does not
preclude legislators from becoming full-time, voting board members.
This section does not apply to a regional transportation commission
that serves as a regional transportation planning organization under
section 303 of this act.
Sec. 401 RCW 82.14.430 and 2006 c 311 s 17 are each amended to
read as follows:
(1) If approved by the majority of the voters within its boundaries
voting on the ballot proposition for a regional mobility investment
plan or regional transportation investment district, a regional
transportation commission or regional transportation investment
district may impose a sales and use tax of up to one percent of the
selling price or value of the article used in the case of a use tax, if
imposed by a regional transportation commission, and up to 0.1 percent
of the selling price or value of the article used in the case of a use
tax, if imposed by a regional transportation investment district. The
tax authorized by this section is in addition to the tax authorized by
RCW 82.14.030 and must be collected from those persons who are taxable
by the state under chapters 82.08 and 82.12 RCW upon the occurrence of
any taxable event within the taxing district. Motor vehicles are
exempt from the sales and use tax imposed under this subsection.
(2) If approved by the majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation commission
or regional transportation investment district may impose a tax on the
use of a motor vehicle within a regional transportation commission or
regional transportation investment district. The tax applies to those
persons who reside within the regional transportation commission or
regional transportation investment district. The rate of the tax may
not exceed one percent of the value of the motor vehicle, in the case
of a regional transportation commission, or 0.1 percent of the value of
the motor vehicle, in the case of a regional transportation investment
district. The tax authorized by this subsection is in addition to the
tax authorized under RCW 82.14.030 and must be imposed and collected at
the time a taxable event under RCW 82.08.020(1) or 82.12.020 takes
place. ((All revenue received under this subsection must be deposited
in the local sales and use tax account and distributed to the regional
transportation investment district according to RCW 82.14.050.)) The
following provisions apply to the use tax in this subsection:
(a) Where persons are taxable under chapter 82.08 RCW, the seller
shall collect the use tax from the buyer using the collection
provisions of RCW 82.08.050.
(b) Where persons are taxable under chapter 82.12 RCW, the use tax
must be collected using the provisions of RCW 82.12.045.
(c) "Motor vehicle" has the meaning provided in RCW 46.04.320, but
does not include farm tractors or farm vehicles as defined in RCW
46.04.180 and 46.04.181, off-road and nonhighway vehicles as defined in
RCW 46.09.020, and snowmobiles as defined in RCW 46.10.010.
(d) "Person" has the meaning given in RCW 82.04.030.
(e) The value of a motor vehicle must be determined under RCW
82.12.010.
(f) Except as specifically stated in this subsection (2), chapters
82.12 and 82.32 RCW apply to the use tax. The use tax is a local tax
imposed under the authority of chapter 82.14 RCW, and chapter 82.14 RCW
applies fully to the use tax.
(3) In addition to fulfilling the notice requirements under RCW
82.14.055(1), and unless waived by the department, a regional
transportation commission or regional transportation investment
district shall provide the department of revenue with digital mapping
and legal descriptions of areas in which the tax will be collected.
(4) All revenue received under this section must be deposited in
the local sales and use tax account and distributed to the regional
transportation commission or regional transportation investment
district according to RCW 82.14.050.
Sec. 402 RCW 82.80.010 and 2003 c 350 s 1 are each amended to
read as follows:
(1) For purposes of this section:
(a) "Distributor" means every person who imports, refines,
manufactures, produces, or compounds motor vehicle fuel and special
fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells
or distributes the fuel into a county;
(b) "Person" has the same meaning as in RCW 82.04.030.
(2) Subject to the conditions of this section, any county may levy,
by approval of its legislative body and a majority of the registered
voters of the county voting on the proposition at a general or special
election, additional excise taxes equal to ten percent of the statewide
motor vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor
vehicle fuel as defined in RCW 82.36.010 and on each gallon of special
fuel as defined in RCW 82.38.020 sold within the boundaries of the
county. Vehicles paying an annual license fee under RCW 82.38.075 are
exempt from the county fuel excise tax. An election held under this
section must be held not more than twelve months before the date on
which the proposed tax is to be levied. The ballot setting forth the
proposition shall state the tax rate that is proposed. The county's
authority to levy additional excise taxes under this section includes
the incorporated and unincorporated areas of the county. The
additional excise taxes are subject to the same exceptions and rights
of refund as applicable to other motor vehicle fuel and special fuel
excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed
tax shall not be levied less than one month from the date the election
results are certified by the county election officer. The commencement
date for the levy of any tax under this section shall be the first day
of January, April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor
vehicle fuel and on each gallon of special fuel is imposed upon the
distributor of the fuel.
(4) A taxable event for the purposes of this section occurs upon
the first distribution of the fuel within the boundaries of a county to
a retail outlet, bulk fuel user, or ultimate user of the fuel.
(5) All administrative provisions in chapters 82.01, 82.03, and
82.32 RCW, insofar as they are applicable, apply to local option fuel
taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel taxes
under this section, a county shall contract with the department of
revenue for the administration and collection of the taxes. The
contract must provide that a percentage amount, not to exceed one
percent of the taxes imposed under this section, will be deposited into
the local tax administration account created in the custody of the
state treasurer. The department of revenue may spend money from this
account, upon appropriation, for the administration of the local taxes
imposed under this section.
(7) The state treasurer shall distribute monthly to the levying
county and cities contained therein the proceeds of the additional
excise taxes collected under this section, after the deductions for
payments and expenditures as provided in RCW 46.68.090(1) (a) and (b)
and under the conditions and limitations provided in RCW 82.80.080.
(8) The proceeds of the additional excise taxes levied under this
section shall be used strictly for transportation purposes in
accordance with RCW 82.80.070.
(9) A county may not levy the tax under this section if they are
levying the tax in RCW 82.80.110 or if they are a member of a regional
transportation investment district or regional transportation
commission levying the tax in RCW 82.80.120.
Sec. 403 RCW 82.80.030 and 2005 c 336 s 24 are each amended to
read as follows:
(1) Subject to the conditions of this section, the legislative
authority of a county, city, regional transportation commission created
under section 301 of this act, or district may fix and impose a parking
tax on all persons engaged in a commercial parking business within its
respective jurisdiction. A city or county may impose the tax only to
the extent that it has not been imposed by the district, and a district
may impose the tax only to the extent that it has not been imposed by
a city or county. The jurisdiction of a county, for purposes of this
section, includes only the unincorporated area of the county. The
jurisdiction of a city or district includes only the area within its
boundaries.
(2) In lieu of the tax in subsection (1) of this section, a city,
a county in its unincorporated area, a regional transportation
commission, or a district may fix and impose a tax for the act or
privilege of parking a motor vehicle in a facility operated by a
commercial parking business.
The city, county, regional transportation commission, or district
may provide that:
(a) The tax is paid by the operator or owner of the motor vehicle;
(b) The tax applies to all parking for which a fee is paid, whether
paid or leased, including parking supplied with a lease of
nonresidential space;
(c) The tax is collected by the operator of the facility and
remitted to the city, county, regional transportation commission, or
district;
(d) The tax is a fee per vehicle or is measured by the parking
charge;
(e) The tax rate varies with zoning or location of the facility,
the duration of the parking, the time of entry or exit, the type or use
of the vehicle, or other reasonable factors; and
(f) Tax exempt carpools, vehicles with handicapped decals, or
government vehicles are exempt from the tax.
(3) "Commercial parking business" as used in this section, means
the ownership, lease, operation, or management of a commercial parking
lot in which fees are charged. "Commercial parking lot" means a
covered or uncovered area with stalls for the purpose of parking motor
vehicles.
(4) The rate of the tax under subsection (1) of this section may be
based either upon gross proceeds or the number of vehicle stalls
available for commercial parking use. The rates charged must be
uniform for the same class or type of commercial parking business.
(5) The county, city, regional transportation commission, or
district levying the tax provided for in subsection (1) or (2) of this
section may provide for its payment on a monthly, quarterly, or annual
basis. Each local government may develop by ordinance or resolution
rules for administering the tax, including provisions for reporting by
commercial parking businesses, collection, and enforcement.
(6) The proceeds of the commercial parking tax fixed and imposed by
a city or county under subsection (1) or (2) of this section shall be
used for transportation purposes in accordance with RCW 82.80.070 or
for transportation improvements in accordance with chapter 36.73 RCW.
The proceeds of the parking tax imposed by a district must be used as
provided in chapter 36.120 RCW. The proceeds of the parking tax
imposed by a regional transportation commission must be used to
implement a regional mobility investment plan described under section
305 of this act.
Sec. 404 RCW 82.80.100 and 2002 c 56 s 408 are each amended to
read as follows:
(1) Upon approval of a majority of the voters within its boundaries
voting on the ballot proposition for a regional mobility investment
plan or regional transportation investment district, a regional
transportation commission or regional transportation investment
district may set and impose an annual local option vehicle license fee,
or a schedule of fees based upon the age of the vehicle, of up to one
hundred dollars per motor vehicle registered within the boundaries of
the ((region)) commission or district on every motor vehicle. As used
in this section "motor vehicle" has the meaning provided in RCW
46.04.320, but does not include farm tractors or farm vehicles as
defined in RCW 46.04.180 and 46.04.181, off-road and nonhighway
vehicles as defined in RCW 46.09.020, and snowmobiles as defined in RCW
46.10.010. Vehicles registered under chapter 46.87 RCW and the
international registration plan are exempt from the annual local option
vehicle license fee set forth in this section. The department of
licensing shall administer and collect this fee on behalf of regional
transportation commissions or regional transportation investment
districts and remit this fee to the custody of the state treasurer for
monthly distribution under RCW 82.80.080.
(2) The local option vehicle license fee applies only when renewing
a vehicle registration, and is effective upon the registration renewal
date as provided by the department of licensing.
(3) A regional transportation commission or regional transportation
investment district imposing the local option vehicle license fee or
initiating an exemption process shall enter into a contract with the
department of licensing. The contract must contain provisions that
fully recover the costs to the department of licensing for collection
and administration of the fee.
(4) A regional transportation commission or regional transportation
investment district imposing the local option fee shall delay the
effective date of the local option vehicle license fee imposed by this
section at least six months from the date of the final certification of
the approval election to allow the department of licensing to implement
the administration and collection of or exemption from the fee.
Sec. 405 RCW 82.80.110 and 2003 c 350 s 2 are each amended to
read as follows:
(1) For purposes of this section:
(a) "Distributor" means every person who imports, refines,
manufactures, produces, or compounds motor vehicle fuel and special
fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells
or distributes the fuel into a county;
(b) "Person" has the same meaning as in RCW 82.04.030.
(2) For purposes of dedication to a regional transportation
investment district plan under chapter 36.120 RCW, subject to the
conditions of this section, a county may levy additional excise taxes
equal to ten percent of the statewide motor vehicle fuel tax rate under
RCW 82.36.025 on each gallon of motor vehicle fuel as defined in RCW
82.36.010 and on each gallon of special fuel as defined in RCW
82.38.020 sold within the boundaries of the county. The additional
excise tax is subject to the approval of the county's legislative body
and a majority of the registered voters of the county voting on the
proposition at a general or special election. An election held under
this section must be held not more than twelve months before the date
on which the proposed tax is to be levied. The ballot setting forth
the proposition must state that the revenues from the tax will be used
for a regional transportation investment district plan. The county's
authority to levy additional excise taxes under this section includes
the incorporated and unincorporated areas of the county. Vehicles
paying an annual license fee under RCW 82.38.075 are exempt from the
county fuel excise tax. The additional excise taxes are subject to the
same exceptions and rights of refund as applicable to other motor
vehicle fuel and special fuel excise taxes levied under chapters 82.36
and 82.38 RCW. The proposed tax may not be levied less than one month
from the date the election results are certified by the county election
officer. The commencement date for the levy of any tax under this
section will be the first day of January, April, July, or October.
(3) The local option motor vehicle fuel tax on each gallon of motor
vehicle fuel and on each gallon of special fuel is imposed upon the
distributor of the fuel.
(4) A taxable event for the purposes of this section occurs upon
the first distribution of the fuel within the boundaries of a county to
a retail outlet, bulk fuel user, or ultimate user of the fuel.
(5) All administrative provisions in chapters 82.01, 82.03, and
82.32 RCW, insofar as they are applicable, apply to local option fuel
taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel taxes
under this section, a county shall contract with the department of
revenue for the administration and collection of the taxes. The
contract must provide that a percentage amount, not to exceed one
percent of the taxes imposed under this section, will be deposited into
the local tax administration account created in the custody of the
state treasurer. The department of revenue may spend money from this
account, upon appropriation, for the administration of the local taxes
imposed under this section.
(7) The state treasurer shall distribute monthly to the county
levying the tax as part of a regional transportation investment plan,
after the deductions for payments and expenditures as provided in RCW
46.68.090(1) (a) and (b).
(8) The proceeds of the additional taxes levied by a county in this
section, to be used as a part of a regional transportation investment
plan, must be used in accordance with chapter 36.120 RCW, but only for
those areas that are considered "highway purposes" as that term is
construed in Article II, section 40 of the state Constitution.
(9) A county may not levy the tax under this section if they are a
member of a regional transportation investment district or regional
transportation commission that is levying the tax in RCW 82.80.120 or
the county is levying the tax in RCW 82.80.010.
Sec. 406 RCW 82.80.120 and 2006 c 311 s 18 are each amended to
read as follows:
(1) For purposes of this section:
(a) "Distributor" means every person who imports, refines,
manufactures, produces, or compounds motor vehicle fuel and special
fuel as defined in RCW 82.36.010 and 82.38.020, respectively, and sells
or distributes the fuel into a county;
(b) "Person" has the same meaning as in RCW 82.04.030;
(c) "District" means a regional transportation investment district
under chapter 36.120 RCW;
(d) "Commission" means a regional transportation commission as
defined in section 201 of this act.
(2) A commission under chapter 36.-- RCW (as created in section 805
of this act) or regional transportation investment district under
chapter 36.120 RCW, subject to the conditions of this section, may levy
additional excise taxes equal to ten percent of the statewide motor
vehicle fuel tax rate under RCW 82.36.025 on each gallon of motor
vehicle fuel as defined in RCW 82.36.010 and on each gallon of special
fuel as defined in RCW 82.38.020 sold within the boundaries of the
commission or district. The additional excise tax is subject to the
approval of a majority of the voters within the commission or district
boundaries. Vehicles paying an annual license fee under RCW 82.38.075
are exempt from the commission or district's fuel excise tax. The
additional excise taxes are subject to the same exceptions and rights
of refund as applicable to other motor vehicle fuel and special fuel
excise taxes levied under chapters 82.36 and 82.38 RCW. The proposed
tax may not be levied less than one month from the date the election
results are certified. The commencement date for the levy of any tax
under this section will be the first day of January, April, July, or
October.
(3) The local option motor vehicle fuel tax on each gallon of motor
vehicle fuel and on each gallon of special fuel is imposed upon the
distributor of the fuel.
(4) A taxable event for the purposes of this section occurs upon
the first distribution of the fuel within the boundaries of the
commission or district to a retail outlet, bulk fuel user, or ultimate
user of the fuel.
(5) All administrative provisions in chapters 82.01, 82.03, and
82.32 RCW, insofar as they are applicable, apply to local option fuel
taxes imposed under this section.
(6) Before the effective date of the imposition of the fuel taxes
under this section, a commission or district shall contract with the
department of ((licensing)) revenue for the administration and
collection of the taxes. The contract must provide that a percentage
amount, not to exceed one percent of the taxes imposed under this
section, will be deposited into the local tax administration account
created in the custody of the state treasurer. The department of
((licensing)) revenue may spend money from this account, upon
appropriation, for the administration of the local taxes imposed under
this section.
(7) The state treasurer shall distribute monthly to the commission
or district levying the tax as part of the regional mobility investment
plan or regional transportation investment district plan, after the
deductions for payments and expenditures as provided in RCW
46.68.090(1) (a) and (b).
(8) The proceeds of the additional taxes levied by a commission or
district in this section, to be used as a part of a regional mobility
investment plan or regional transportation investment district plan,
must be used in accordance with chapter 36.-- RCW (as created in
section 805 of this act), or chapter 36.120 RCW, respectively, but only
for those areas that are considered "highway purposes" as that term is
construed in Article II, section 40 of the state Constitution.
(9) A district or commission may only levy the tax under this
section if the district or commission is comprised of boundaries
identical to the boundaries of a county or counties. A district or
commission may not levy the tax in this section if a member county is
levying the tax in RCW 82.80.010 or 82.80.110.
Sec. 407 RCW 81.100.030 and 2002 c 56 s 410 are each amended to
read as follows:
(1) A county with a population of one million or more, or a county
with a population of from two hundred ten thousand to less than one
million that is adjoining a county with a population of one million or
more, and having within its boundaries existing or planned
high-occupancy vehicle lanes on the state highway system, a regional
transportation commission, or a regional transportation investment
district for capital improvements, ((but only to the extent that the
tax has not already been imposed by the county,)) may, with voter
approval impose an excise tax of up to two dollars per employee per
month on all employers or any class or classes of employers, public and
private, including the state located in the agency's jurisdiction,
measured by the number of full-time equivalent employees. In no event
may the total taxes imposed under this section exceed two dollars per
employee per month for any single employer. The county, regional
transportation commission, or investment district imposing the tax
authorized in this section may provide for exemptions from the tax to
such educational, cultural, health, charitable, or religious
organizations as it deems appropriate.
Counties, regional transportation commissions, or investment
districts may contract with the state department of revenue or other
appropriate entities for administration and collection of the tax.
Such contract shall provide for deduction of an amount for
administration and collection expenses.
(2) The tax shall not apply to employment of a person when the
employer has paid for at least half of the cost of a transit pass
issued by a transit agency for that employee, valid for the period for
which the tax would otherwise be owed.
(3) A county, regional transportation commission, or investment
district shall adopt rules that exempt from all or a portion of the tax
any employer that has entered into an agreement with the county,
regional transportation commission, or investment district that is
designed to reduce the proportion of employees who drive in single-occupant vehicles during peak commuting periods in proportion to the
degree that the agreement is designed to meet the goals for the
employer's location adopted under RCW 81.100.040.
The agreement shall include a list of specific actions that the
employer will undertake to be entitled to the exemption. Employers
having an exemption from all or part of the tax through this subsection
shall annually certify to the county, regional transportation
commission, or investment district that the employer is fulfilling the
terms of the agreement. The exemption continues as long as the
employer is in compliance with the agreement.
((If the tax authorized in RCW 81.100.060 is also imposed, the
total proceeds from both tax sources each year shall not exceed the
maximum amount which could be collected under RCW 81.100.060.))
Sec. 408 RCW 81.100.060 and 2006 c 318 s 2 and 2006 c 311 s 15
are each reenacted and amended to read as follows:
(1) A county with a population of one million or more and a county
with a population of from two hundred ten thousand to less than one
million that is adjoining a county with a population of one million or
more, having within their boundaries existing or planned high-occupancy
vehicle lanes on the state highway system, a regional transportation
commission, or a regional transportation investment district, ((but
only to the extent that the surcharge has not already been imposed by
the county,)) may, with voter approval, impose a local surcharge of not
more than three-tenths of one percent in the case of a county, or
eight-tenths of one percent in the case of a regional transportation
commission or regional transportation investment district, of the value
on vehicles registered to a person residing within the county, regional
transportation commission, or investment district and not more than
13.64 percent on the state sales and use taxes paid under the rate in
RCW 82.08.020(2) on retail car rentals within the county, regional
transportation commission, or investment district. A county may impose
the surcharge only to the extent that it has not been imposed by the
regional transportation commission or investment district. No
surcharge may be imposed on vehicles licensed under RCW 46.16.070
except vehicles with an unladen weight of six thousand pounds or less,
RCW 46.16.079, 46.16.085, or 46.16.090.
(2) Counties, regional transportation commissions, or investment
districts imposing a surcharge under this section shall contract,
before the effective date of the resolution or ordinance imposing a
surcharge, administration and collection to the state department of
licensing, and department of revenue, as appropriate, which shall
deduct a percentage amount, as provided by contract, not to exceed two
percent of the taxes, for administration and collection expenses
incurred by the department.
(3) All administrative provisions in chapters 82.03, 82.08, 82.12,
and 82.32 RCW shall, insofar as they are applicable to state sales and
use taxes, be applicable to surcharges imposed under this section.
(4) If a surcharge, authorized under this section, is first imposed
before June 7, 2006, all administrative provisions in chapters 82.03,
82.32, and 82.44 RCW shall, insofar as they are applicable to motor
vehicle excise taxes, be applicable to such surcharges ((imposed under
this section)). ((All administrative provisions in chapters 82.03,
82.08, 82.12, and 82.32 RCW shall, insofar as they are applicable to
state sales and use taxes, be applicable to surcharges imposed under
this section. A surcharge imposed under this section, or a change to
the))
(5) If a surcharge, authorized under this section, is first imposed
on or after June 7, 2006:
(a) Motor vehicles subject to such surcharge shall be administered
in accordance with chapter 318, Laws of 2006; and
(b) The surcharge or a change to the surcharge shall take effect no
sooner than seventy-five days after the department of licensing or the
department of revenue receives notice of the surcharge or change to the
surcharge, and shall take effect only on the first day of January,
April, July, or October. Unless waived by the department of licensing
or the department of revenue, notice includes providing the appropriate
department with digital mapping and legal descriptions of areas in
which the ((tax)) surcharge will be collected.
((If the tax authorized in RCW 81.100.030 is also imposed, the
total proceeds from tax sources imposed under this section and RCW
81.100.030 each year shall not exceed the maximum amount which could be
collected under this section.))
Sec. 409 RCW 47.56.075 and 2002 c 56 s 404 are each amended to
read as follows:
The department shall approve for construction only such toll roads
as the legislature specifically authorizes or such toll facilities as
are specifically sponsored by a regional transportation investment
district, regional transportation commission, city, town, or county.
Sec. 410 RCW 82.32.470 and 2002 c 56 s 407 are each amended to
read as follows:
(1) The tax imposed and collected under chapters 82.08 and 82.12
RCW, less any credits allowed under chapter 82.14 RCW, on initial
construction for a transportation project to be constructed under
chapter 36.120 RCW, or for a mobility project of regional significance
to be constructed under chapter 36.-- RCW (as created in section 805 of
this act), must be transferred to the transportation project or the
mobility project of regional significance to defray costs or pay debt
service on that ((transportation)) project. In the case of a toll
project, this transfer or credit must be used to lower the overall cost
of the project and thereby the corresponding tolls.
(2) This transaction is exempt from the requirements in RCW
43.135.035(4).
(3) Government entities constructing transportation projects under
chapter 36.120 RCW, or mobility projects of regional significance under
chapter 36.-- RCW (as created in section 805 of this act), shall report
to the department the amount of state sales or use tax covered under
this section.
Sec. 411 RCW 82.14.050 and 2005 c 336 s 20 are each amended to
read as follows:
The counties, cities, and transportation authorities under RCW
82.14.045, public facilities districts under chapters 36.100 and 35.57
RCW, public transportation benefit areas under RCW 82.14.440, regional
transportation commissions, regional transportation investment
districts, and transportation benefit districts under chapter 36.73 RCW
shall contract, prior to the effective date of a resolution or
ordinance imposing a sales and use tax, the administration and
collection to the state department of revenue, which shall deduct a
percentage amount, as provided by contract, not to exceed two percent
of the taxes collected for administration and collection expenses
incurred by the department. The remainder of any portion of any tax
authorized by this chapter that is collected by the department of
revenue shall be deposited by the state department of revenue in the
local sales and use tax account hereby created in the state treasury.
Moneys in the local sales and use tax account may be spent only for
distribution to counties, cities, transportation authorities, public
facilities districts, public transportation benefit areas, regional
transportation commissions, regional transportation investment
districts, and transportation benefit districts imposing a sales and
use tax. All administrative provisions in chapters 82.03, 82.08,
82.12, and 82.32 RCW, as they now exist or may hereafter be amended,
shall, insofar as they are applicable to state sales and use taxes, be
applicable to taxes imposed pursuant to this chapter. Counties,
cities, transportation authorities, public facilities districts,
regional transportation commissions, and regional transportation
investment districts may not conduct independent sales or use tax
audits of sellers registered under the streamlined sales tax agreement.
Except as provided in RCW 43.08.190, all earnings of investments of
balances in the local sales and use tax account shall be credited to
the local sales and use tax account and distributed to the counties,
cities, transportation authorities, public facilities districts, public
transportation benefit areas, regional transportation commissions,
regional transportation investment districts, and transportation
benefit districts monthly.
Sec. 412 RCW 82.80.080 and 2002 c 56 s 414 are each amended to
read as follows:
(1) The state treasurer shall distribute revenues, less authorized
deductions, generated by the local option taxes authorized in RCW
82.80.010 ((and 82.80.020)), levied by counties to the levying
counties, and cities contained in those counties, based on the relative
per capita population. County population for purposes of this section
is equal to one and one-half of the unincorporated population of the
county. In calculating the distributions, the state treasurer shall
use the population estimates prepared by the state office of financial
management and shall further calculate the distribution based on
information supplied by the departments of licensing and revenue, as
appropriate.
(2) The state treasurer shall distribute revenues, less authorized
deductions, generated by the local option taxes authorized in RCW
82.80.010 ((and 82.80.020)) levied by qualifying cities and towns to
the levying cities and towns.
(3) The state treasurer shall distribute to the district or
regional transportation commission, as appropriate, revenues, less
authorized deductions, generated by the local option taxes under RCW
82.80.010 or fees under RCW 82.80.100 levied by a district or regional
transportation commission.
NEW SECTION. Sec. 501
Any regional transportation commission may pledge any portion of
any taxes and any tolls, charges, or user taxes authorized to be levied
or imposed by the commission for the payment or security of the
principal of and interest on any bonds issued for authorized public
transportation purposes.
NEW SECTION. Sec. 502 (1) The commission may at any time borrow
money for public transportation and mobility project capital purposes
and may issue revenue bonds or other evidences of indebtedness, secured
by the pledge of one or more of the taxes, tolls, charges, or user fees
authorized to be imposed by the commission. These obligations shall be
issued and sold in accordance with chapter 39.46 RCW.
(2) The commission may enter into agreements with public
transportation agencies, counties, cities, or the state of Washington,
when authorized by the plan, to pledge taxes or other revenues of the
commission for the purpose of paying in part or whole principal and
interest on bonds issued by any public transportation agency, county,
city, or by the state of Washington. The agreements pledging revenues
and taxes shall be binding for their terms, but not to exceed forty
years, and no tax pledged by an agreement may be eliminated or modified
if it would impair the pledge made in any agreement.
(3) Under no circumstances shall any agreement or contract entered
into by the commission be the obligation of the state.
NEW SECTION. Sec. 601 If a regional transportation commission,
created under section 301 of this act, is fully constituted and
authorized to exercise its powers as prescribed in section 301(2) of
this act within a geographic area that includes an existing regional
transportation investment district, that district dissolves upon the
exercise of the commission's powers, and all the obligations of the
district and governing board must be transferred to the regional
transportation commission as successor to the district. Additionally,
the commission, without the need for additional voter approval, shall
adopt the regional transportation investment district voter-approved
plan as part of the commission's regional mobility investment plan.
Sec. 701 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/
(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) 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 regional
transportation commission, if fully constituted and authorized to
exercise its powers as prescribed in section 301(2) of this act within
the authority's geographic area, for inclusion in the regional mobility
investment plan for voter approval under section 305(2) of this act.
(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. 801 The following acts or parts of acts, as
now existing or hereafter amended, are each repealed, effective January
1, 2008, only if a regional transportation investment district has not
been formed under chapter 36.120 RCW by January 1, 2008, or effective
January 1, 2009, if a regional transportation investment district has
been formed by January 1, 2008:
(1) RCW 36.120.010 (Findings) and 2002 c 56 s 101;
(2) RCW 36.120.020 (Definitions) and 2006 c 334 s 13, 2006 c 311 s
4, & 2002 c 56 s 102;
(3) RCW 36.120.030 (Planning committee -- Formation) and 2006 c 311
s 5 & 2002 c 56 s 103;
(4) RCW 36.120.040 (Planning committee -- Duties) and 2006 c 311 s 6,
2003 c 194 s 1, & 2002 c 56 s 104;
(5) RCW 36.120.045 (Planning committee -- State route No. 520
improvements) and 2006 c 311 s 7;
(6) RCW 36.120.050 (Planning committee -- Taxes, fees, and tolls) and
2006 c 311 s 13, 2003 c 350 s 4, & 2002 c 56 s 105;
(7) RCW 36.120.060 (Project selection -- Performance criteria) and
2002 c 56 s 106;
(8) RCW 36.120.070 (Submission of ballot measures to the voters)
and 2006 c 311 s 8 & 2002 c 56 s 107;
(9) RCW 36.120.080 (Formation -- Certification) and 2006 c 311 s 10
& 2002 c 56 s 108;
(10) RCW 36.120.090 (Governing board -- Composition) and 2002 c 56 s
109;
(11) RCW 36.120.100 (Governing board -- Organization) and 2002 c 56
s 110;
(12) RCW 36.120.110 (Governing board -- Powers and duties -- Intent)
and 2006 c 311 s 11 & 2002 c 56 s 111;
(13) RCW 36.120.120 (Treasurer) and 2002 c 56 s 112;
(14) RCW 36.120.130 (Indebtedness -- Bonds -- Limitation) and 2003 c
372 s 1 & 2002 c 56 s 113;
(15) RCW 36.120.140 (Transportation project or plan modification--Accountability) and 2003 c 194 s 2 & 2002 c 56 s 114;
(16) RCW 36.120.150 (Department of transportation -- Role) and 2002
c 56 s 115;
(17) RCW 36.120.160 (Ownership of improvements) and 2002 c 56 s
116;
(18) RCW 36.120.170 (Dissolution of district) and 2002 c 56 s 117;
(19) RCW 36.120.180 (Findings -- Regional models -- Grants) and 2002 c
56 s 118;
(20) RCW 36.120.190 (Joint ballot measure) and 2002 c 56 s 201;
(21) RCW 36.120.200 (Regional transportation investment district
account) and 2002 c 56 s 401;
(22) RCW 36.120.210 (Advisory ballot for Alaskan Way viaduct
improvements -- Preferred alternative for Alaskan Way viaduct and Seattle
Seawall improvements) and 2006 c 311 s 29;
(23) RCW 36.120.900 (Captions and subheadings not law -- 2002 c 56)
and 2002 c 56 s 501; and
(24) RCW 36.120.901 (Severability -- 2002 c 56) and 2002 c 56 s 503.
NEW SECTION. Sec. 802 RCW 82.44.135 (Local government must
contract with department of licensing) and 2006 c 318 s 9 are each
repealed.
NEW SECTION. Sec. 803
NEW SECTION. Sec. 804 Part headings and captions used in this
act are not any part of the law.
NEW SECTION. Sec. 805 Sections 101, 201, 301 through 310, 501,
502, and 601 of this act constitute a new chapter in Title
NEW SECTION. Sec. 806 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. 807 This act shall be liberally construed to
effect the policies and purposes of this act.