BILL REQ. #: S-1073.1
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/01/2007. Referred to Committee on Transportation.
AN ACT Relating to authorizing the creation of regional transportation commissions; amending RCW 47.80.020, 47.80.060, 81.104.080, 81.104.090, 81.112.080, 47.56.030, 81.104.040, 82.80.005, 82.14.430, 82.80.100, 82.80.120, 81.100.030, 47.56.031, 47.56.075, and 81.112.030; reenacting and amending RCW 81.100.060; adding new sections to chapter 36.120 RCW; adding a new chapter to Title 36 RCW; creating new sections; and declaring an emergency.
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 implement
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 board 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 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.
(6) "Mobility project of regional significance" means a mobility
project, other than a public transportation facility or public
transportation equipment, that connects or serves two or more counties
or that a commission otherwise designates as having major significance
to regional transportation.
(7) "Policy advisory board" means a body convened by the commission
under section 304 of this act.
(8) "Public transportation" means 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.
(9) "Public transportation of regional significance" means public
transportation that connects or serves two or more counties or that a
commission otherwise designates as having major significance to
regional transportation. "Public transportation of regional
significance" includes all public transportation of a regional transit
authority that includes more than one county.
(10) "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.
(11) "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 may be created by
resolution of the legislative authorities of each of the two or more
contiguous counties referenced in subsection (1) of this section, and
a regional transportation commission must be authorized to exercise the
powers granted in section 303 of this act on the first day of January
following the appointment and election of its initial board of
commissioners. Only one regional transportation commission may exist
in any county or counties.
(3) Any county with a population exceeding four hundred thousand,
which participates in a metropolitan planning organization that has a
member county with a population exceeding one million and that does not
pass a resolution to form a regional transportation commission, is not
eligible to receive funds from the urban arterial trust account created
in RCW 47.26.080 or the transportation improvement account created in
RCW 47.26.084. A county is eligible for funding under this section for
ninety days after the effective date of this act.
(4) A regional transportation commission is a municipal corporation
and possesses all the usual corporate powers as well as all other
powers conferred by statute.
(5) 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.
(6) A regional transportation commission may be expanded to include
additional contiguous counties 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.
NEW SECTION. Sec. 302
(2) Commissioners are apportioned and elected as follows:
(a) Six commissioners appointed by the governor with the consent of
the senate. The governor's 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) Nine commissioners apportioned to nine 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 governor 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.
(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 governor 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 governor shall appoint a chair every three years from among
the six region-wide appointed commissioners.
(5) Vacancies in positions appointed by the governor must be filled
by appointment of the governor. Vacancies in elected positions must be
filled by a person approved by a majority of the remaining
commissioners who shall serve until the vacancy is filled at the next
general election held more than one hundred eighty days after the date
the vacancy is filled on an interim basis. The person appointed to
fill a vacancy shall serve for the remainder of the unexpired term of
the office to which he or she was appointed.
(6) If a commissioner is appointed by the governor, the governor
shall only remove that commissioner for malfeasance or misfeasance in
office.
(7) If a commission is formed and the geographic area of that
commission includes a county or counties that are within the area of a
regional transportation investment district, the commission shall
assume all rights, powers, and obligations of that district with
respect to the portion of the district within that county or those
counties under chapter 36.120 RCW, and the regional transportation
investment district will no longer have jurisdiction within that area.
If a commission is formed that has a geographical area that is
substantially equivalent to an existing regional transportation
investment district, that district dissolves upon the creation of the
commission, and all rights, powers, and obligations of the district are
transferred to the commission as successor to the district.
NEW SECTION. Sec. 303
(1) Prepare, adopt, and implement a regional mobility investment
plan for 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, 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) 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, and impose
transportation impact fees on public and private developments that have
a material impact on the use of mobility projects of regional
significance;
(3) Establish a program for interconnecting fares, schedules, and
transfers on trips using two or more 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;
(4) Establish a procedure requiring that bond issues, taxes, user
fees, tolls, or charges that (a) require voter approval, for public
transportation or mobility projects located within the commission's
geographic boundaries and (b) constitute mobility projects of regional
significance or public transportation 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 public transportation or mobility projects that do
not constitute mobility projects of regional significance shall not
require a commission's approval before being placed on the ballot;
(5) 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, and
receive state funds, and control their disbursement, for mobility
projects within the commission's geographic area;
(6) Serve as the regional transportation planning organization 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;
(7) Unless the commission designates another lead agency for a
specified project, act as the state environmental policy act (SEPA)
lead agency, as defined in WAC 197-11-758, under chapter 43.21C RCW for
any project included in a regional mobility investment plan. Unless
the commission designates another lead agency for a specified project,
a regional transportation commission shall act as the SEPA lead agency
for projects in a regional mobility investment plan that are not
included in the plan as part of public transportation agency or local
jurisdiction plans;
(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 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, 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) Determine and establish the tolls and charges for any or all
bridges, highways, lanes, and roads within the commission's geographic
area. Any determination and establishment of tolls and charges for
bridges, highways, lanes, roads, and other facilities are not subject
to legislative or Washington state transportation commission approval
under RCW 47.56.031, 47.56.075, and 47.46.100. This subsection does
not apply to the transportation commission's authority regarding
Washington state ferries under RCW 47.56.030;
(11) Exercise the duties and responsibilities of any regional
transportation investment district within the commission's geographic
area. If approved by the governor and necessary local parties under 23
U.S.C. Sec. 134, the commission shall 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) Enter into interlocal agreements or agreements with local
governments, the state, or the federal government regarding the
establishment, composition, and responsibilities of a policy advisory
board under section 304 of this act.
NEW SECTION. Sec. 304
(2) The commission shall determine the composition and
responsibilities of the policy advisory board, including any functions
necessary to comply with federal law as directed by a federal agency.
The policy advisory board must contain at least fifteen voting members,
but no more than thirty-one voting members, all appointed by the
commission. Members should include local elected officials,
representatives of public transportation agencies, representatives of
private sector transportation and shipping industries, private
citizens, and representatives of major employers within the region.
Any members of the state house of representatives or senate whose
districts are wholly or partly within the boundaries of the commission
are ex officio, nonvoting policy advisory board members, but may still
be appointed as voting board members by the commission. Members of a
commission may also be appointed as policy advisory board members, and
elected commissioners who serve on a policy advisory board are deemed
local elected officials for the purposes of this section. If a
commission contains a component county with a population greater than
one million, then the policy advisory board's voting members must
include representatives from each of the commission area's four largest
port districts as measured by gross revenues.
(3) The policy advisory 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 policy advisory
board shall hold at least one public hearing before issuing formal
comments on a transportation improvement program.
(4) The policy advisory board is an advisory body to the
commission. If required by a federal agency, the commission may
provide that a transportation improvement program for federal purposes
be approved by the policy advisory board and that the policy advisory
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.
NEW SECTION. Sec. 305
(2) An initial plan must be placed on a general election ballot for
elector approval. 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
formed within two years after voter approval of a ballot measure under
RCW 36.120.040, 36.120.070, and 36.120.080, the commission, without the
need for additional voter approval, shall adopt those voter-approved
plans as the regional transportation plan. 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 policy advisory board
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 policy advisory board 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 policy advisory board. 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, but
may redirect the taxes or fees if approved by the commission.
(5) Before adoption, approval, or amendment of a regional mobility
investment plan, the commission shall review any recommendations of the
policy advisory 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) The adoption and approval of a regional mobility investment
plan is exempt from chapters 43.21C and 36.70A RCW.
NEW SECTION. Sec. 306
(a) A regional sales and use tax, as specified in RCW 82.14.430, of
up to 0.1 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 jurisdiction;
(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
district. 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;
(g) Vehicle user fees imposed for capacity/demand management
including, but not limited to, high-occupancy lane charges and
congestion charging;
(h) Excise taxes or fees imposed on paid parking, collected by the
commission from the person purchasing parking or the person providing
parking, or both; and
(i) Vehicle tolls 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; and
(ii) 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.
(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. User fees and
tolls may be imposed or authorized on any project approved by the
policy advisory board. Revenues from taxes, fees, and tolls may be
used only to implement a regional mobility investment plan as set forth
in this chapter. A district 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) Taxes and vehicle license fees described in this section shall
not be imposed by the commission if a tax or vehicle license fee,
substantially similar to a tax or fee authorized in subsection (1)(a)
through (h) of this section, has been levied or imposed by a regional
transit authority in the commission's geographic area under chapter
81.104 RCW and remains in force. A commission may impose taxes or
vehicle license fees that are substantially similar to those previously
imposed or levied by a regional transit agency to the extent that the
tax or vehicle license fee does not exceed the statutory limit.
NEW SECTION. Sec. 307
NEW SECTION. Sec. 308
(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 authorized to do business in this state and are qualified for
insured deposits under any federal deposit insurance act as the
district, 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. 309
NEW SECTION. Sec. 310
NEW SECTION. Sec. 311
(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.
NEW SECTION. Sec. 312
(2) If a commission includes a county adjoining Puget Sound with a
population greater than one million, the commission shall submit to the
legislature a report and recommendations regarding the application of
regional transportation governance to waterways and ferries in the
central Puget Sound region no later than eighteen months after
formation of the commission.
Sec. 313 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.
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 policy advisory board of the regional
transportation commission may take approval actions required of
metropolitan planning organizations under 23 U.S.C. Sec. 134 and 23
C.F.R. Part 450.
Sec. 314 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. 315 RCW 81.104.080 and 1991 c 318 s 7 are each amended to
read as follows:
Where applicable, regional transportation plans and local
comprehensive plans shall address the relationship between urban growth
and an effective high capacity transportation system plan, and provide
for cooperation between local jurisdictions and transit agencies.
(1) Regional high capacity transportation plans shall be included
in the designated regional transportation planning organization's
regional transportation plan review and update process to facilitate
development of a coordinated multimodal transportation system and to
meet federal funding requirements.
(2) Interlocal agreements between transit authorities, cities, and
counties shall set forth conditions for assuring land uses compatible
with development of high capacity transportation systems. These
include developing sufficient land use densities through local actions
in high capacity transportation corridors and near passenger stations,
preserving transit rights of way, and protecting the region's
environmental quality. The implementation program for high capacity
transportation systems shall favor cities and counties with supportive
land use plans. In developing local actions intended to carry out
these policies cities and counties shall insure the opportunity for
public comment and participation in the siting of such facilities,
including stations or transfer facilities. Agencies providing high
capacity transportation services, in cooperation with public and
private interests, shall promote transit-compatible land uses and
development which includes joint development.
(3) Interlocal agreements shall be consistent with state planning
goals as set forth in chapter 36.70A RCW. Agreements shall also
include plans for concentrated employment centers, mixed-use
development, and housing densities that support high capacity
transportation systems.
(4) Agencies providing high capacity transportation service and
other transit agencies shall develop a cooperative process for the
planning, development, operations, and funding of feeder transportation
systems. Feeder systems may include existing and future intercity
passenger systems and alternative technology people mover systems which
may be developed by the private or public sector.
(5) Cities and counties along corridors designated in a high
capacity transportation system plan shall enter into agreements with
their designated regional transportation planning organizations, for
the purpose of participating in a right of way preservation review
process which includes activities to promote the preservation of the
high capacity transportation rights of way. The regional
transportation planning organization shall serve as the coordinator of
the review process. In areas where a regional transportation
commission serves as the regional transportation planning organization
under section 303 of this act, the regional transportation commission
is not required to enter into an agreement with cities and counties to
compel their participation in a right of way preservation review
process. The commission may compel participation from cities and
counties without an agreement.
(a) Cities and counties shall forward all development proposals for
projects within and adjoining to the rights of way proposed for
preservation to the designated regional transportation planning
organizations, which shall distribute the proposals for review by
parties to the right of way preservation review process.
(b) The regional transportation planning organizations shall also
review proposals for conformance with the regional transportation plan
and associated regional development strategies. The designated
regional transportation planning organization shall within ninety days
compile local and regional agency comments and communicate the same to
the originating jurisdiction and the joint regional policy committee.
In areas where a regional transportation commission serves as the
regional transportation planning organization under section 303 of this
act, the regional transportation commission must approve all city and
county proposals submitted under this section before the city or county
can take further action on the proposal.
Sec. 316 RCW 81.104.090 and 1995 c 269 s 2602 are each amended to
read as follows:
The department of transportation shall be responsible for
distributing amounts appropriated from the high capacity transportation
account, which shall be allocated by the department of transportation
based on criteria in subsection (2) of this section. The department
shall assemble and participate in a committee comprised of transit
agencies eligible to receive funds from the high capacity
transportation account for the purpose of reviewing fund applications.
(1) State high capacity transportation account funds may provide up
to eighty percent matching assistance for high capacity transportation
planning efforts.
(2) Authorizations for state funding for high capacity
transportation planning projects shall be subject to the following
criteria:
(a) Conformance with the designated regional transportation
planning organization's regional transportation plan. If a regional
transportation commission is the regional transportation planning
organization, the regional transportation commission must approve the
project;
(b) Local matching funds;
(c) Demonstration of projected improvement in regional mobility;
(d) Conformance with planning requirements prescribed in RCW
81.104.100, and if five hundred thousand dollars or more in state
funding is requested, conformance with the requirements of RCW
81.104.110; and
(e) Establishment, through interlocal agreements, of a joint
regional policy committee as defined in RCW 81.104.030 or 81.104.040.
(3) The department of transportation shall provide general review
and monitoring of the system and project planning process prescribed in
RCW 81.104.100.
Sec. 317 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, 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. 318 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.
Sec. 319 RCW 81.104.040 and 1992 c 101 s 21 are each amended to
read as follows:
Transit agencies in each county with a population of one million or
more, and in each county with a population of from two hundred ten
thousand to less than one million bordering a county with a population
of one million or more that are authorized on January 1, 1991, to
provide high capacity transportation planning and operating services
must establish through interlocal agreements a joint regional policy
committee with proportional representation based upon the population
distribution within each agency's designated service area, as
determined by the parties to the agreement.
(1) The membership of the joint regional policy committee shall
consist of locally elected officials who serve on the legislative
authority of the existing transit systems and a representative from the
department of transportation. Nonvoting membership for elected
officials from adjoining counties may be allowed at the committee's
discretion. A joint regional policy committee shall not exist in an
area where a regional transportation commission has been formed.
(2) The joint regional policy committee shall be responsible for
the preparation and adoption of a regional high capacity transportation
implementation program, which shall include the system plan, project
plans, and a financing plan. In an area where a regional
transportation commission has been formed, the regional transportation
commission shall prepare and adopt a regional high capacity
transportation implementation program, which must include the system
plan, project plans, and a financing plan. This program shall be in
conformance with the regional transportation planning organization's
regional transportation plan and consistent with RCW 81.104.080.
(3) The joint regional policy committee shall present an adopted
high capacity transportation system plan and financing plan to the
boards of directors of the transit agencies within the service area or
to the regional transit authority, if such authority has been formed.
The authority shall proceed as prescribed in RCW 81.112.030. If a
regional transportation commission prepares and adopts a regional high
capacity transit plan under the requirements of this section, the
regional transportation commission shall proceed as prescribed in this
act.
Sec. 401 RCW 82.80.005 and 2002 c 56 s 415 are each amended to
read as follows:
For the purposes of this chapter, "district" means a regional
transportation investment district created under chapter 36.120 RCW or
a regional transportation commission created under section 301 of this
act.
Sec. 402 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 0.1 percent of the
selling price or value of the article used in the case of a use tax.
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 0.1 percent of the value of the motor vehicle. 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 commission or 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.
Sec. 403 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. 404 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:
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 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.
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)) one percent of the taxes, for administration and collection
expenses incurred by the department. 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 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 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. 405 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.
(2) A regional transportation commission under chapter 36.-- RCW
(as created in section 803 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
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 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 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 36.120 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 district may only levy the tax under this section if the
district is comprised of boundaries identical to the boundaries of a
county or counties. A district 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. 406 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, mobility authorities, 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. 407 RCW 47.56.031 and 2005 c 335 s 2 are each amended to
read as follows:
No tolls may be imposed on new or existing highways or bridges
without specific legislative authorization, or upon a majority vote of
the people within the boundaries of the unit of government empowered to
impose tolls. This section applies to chapter 47.56 RCW and to any
tolls authorized under chapter 47.29 RCW, the transportation innovative
partnership act of 2005. This section does not apply to tolls
authorized by a regional transportation commission under section 303 of
this act. A regional transportation commission may impose tolls
consistent with section 303 of this act without specific legislative
authorization.
Sec. 408 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, city, town, or county. Department approval is not required
for the imposition, authorization, or implementation of tolls approved
by a regional transportation commission under section 303 of this act.
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 district 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
district 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.
NEW SECTION. Sec. 601 A new section is added to chapter 36.120
RCW to read as follows:
A regional transportation investment district shall not be created
in an area where a regional transportation commission has been formed.
NEW SECTION. Sec. 602 A new section is added to chapter 36.120
RCW to read as follows:
If a regional transportation commission is formed within a
geographic area that includes an existing regional transportation
investment district, the rights, powers, and obligations of the
district and governing board must be transferred to the regional
transportation commission consistent with sections 302 and 305 of this
act. Upon completion of the district's project construction,
financing, and debt service programs, a regional transportation
commission that has assumed the responsibilities and powers of a
district under this section shall not be subject to the dissolution
requirements of RCW 36.120.170.
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 for inclusion in the regional mobility
investment plan for voter approval under section 305(2) of this act.
The regional transit authority shall not submit its own propositions
and financing plans to the voters after the 2007 general election.
(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
NEW SECTION. Sec. 802 Part headings and captions used in this
act are not any part of the law.
NEW SECTION. Sec. 803 Sections 101, 201, 301 through 311, 501,
and 502 of this act constitute a new chapter in Title
NEW SECTION. Sec. 804 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. 805 This act shall be liberally construed to
effect the policies and purposes of this act.
NEW SECTION. Sec. 806 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.