ESSB 6774 -
By Committee on Transportation
ADOPTED AS AMENDED 03/05/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 36.73.020 and 2009 c 515 s 14 are each amended to
read as follows:
(1) The legislative authority of a county or city may establish a transportation benefit district within the county or city area or within the area specified in subsection (2) of this section, for the purpose of acquiring, constructing, improving, providing, and funding a transportation improvement within the district that is consistent with any existing state, regional, ((
and)) or local transportation
plans and necessitated by existing or reasonably foreseeable congestion
levels. The transportation improvements shall be owned by the county
of jurisdiction if located in an unincorporated area, by the city of
jurisdiction if located in an incorporated area, or by the state in
cases where the transportation improvement is or becomes a state
highway. However, if deemed appropriate by the governing body of the
transportation benefit district, a transportation improvement may be
owned by a participating port district or transit district, unless
otherwise prohibited by law. Transportation improvements shall be
administered and maintained as other public streets, roads, highways,
and transportation improvements. To the extent practicable, the
district shall consider the following criteria when selecting
(a) Reduced risk of transportation facility failure and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time;
(i) Improved accessibility for, or other benefits to, persons with special transportation needs as defined in RCW 47.06B.012; and
(j) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district may include area within more than one county, city, port district, county transportation authority, or public transportation benefit area, if the legislative authority of each participating jurisdiction has agreed to the inclusion as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. However, the boundaries of the district need not include all territory within the boundaries of the participating jurisdictions comprising the district.
(3) The members of the legislative authority proposing to establish the district, acting ex officio and independently, shall constitute the governing body of the district: PROVIDED, That where a district includes area within more than one jurisdiction under subsection (2) of this section, the district shall be governed under an interlocal agreement adopted pursuant to chapter 39.34 RCW((
. However)), with the
governing body (( shall be)) being composed of (a) at least five members
including at least one elected official from the legislative authority
of each participating jurisdiction or (b) the governing body of the
metropolitan planning organization serving the district, but only if
the district boundaries are identical to the boundaries of the
metropolitan planning organization serving the district. However, only
those members of the governing body of a metropolitan planning
organization that are elected officials may determine whether the
district will impose or seek voter approval of any authorized taxes,
charges, or fees. Members that are not elected officials are ex
officio, nonvoting members of the district's governing body for
purposes of making decisions to impose or seek approval of taxes,
charges, or fees.
(4) The treasurer of the jurisdiction proposing to establish the district shall act as the ex officio treasurer of the district, unless an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters residing within the district.
(6) Prior to December 1, 2007, the authority under this section, regarding the establishment of or the participation in a district, shall not apply to:
(a) Counties with a population greater than one million five hundred thousand persons and any adjoining counties with a population greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of this subsection; and
(c) Other jurisdictions with any area within the counties under (a) of this subsection."
Correct the title.
EFFECT: Establishes that only elected members of the governing body of a metropolitan planning organization that governs a transportation benefit district may determine whether the district will impose or seek voter approval of any authorized taxes, charges, or fees.