BILL REQ. #: H-1531.2
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/09/09. Referred to Committee on Transportation.
AN ACT Relating to advancing effective transportation for persons with special transportation needs; amending RCW 47.06B.010, 47.06B.020, 47.06B.030, 47.06B.050, 36.57A.060, 35.58.2795, 36.57.070, 35.58.240, 81.112.030, 36.73.020, and 47.80.023; adding new sections to chapter 47.06B RCW; adding new sections to chapter 43.20A RCW; adding new sections to chapter 43.70 RCW; adding a new section to chapter 28A.300 RCW; adding new sections to chapter 47.01 RCW; adding a new section to chapter 36.57A RCW; adding a new section to chapter 36.57 RCW; adding new sections to chapter 35.58 RCW; adding a new section to chapter 81.112 RCW; creating a new section; and repealing RCW 47.06B.900 and 47.06B.901.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.06B.010 and 2007 c 421 s 1 are each amended to read
as follows:
The legislature finds that transportation systems for persons with
special needs are not operated as efficiently as possible. In too many
cases, programs established by the legislature to assist persons with
special needs can not be accessed due to these inefficiencies and
coordination barriers.
The legislature further finds that the transportation needs of each
community are unique, and that transportation services may be improved
by establishing a system of statewide oversight that seeks input,
collaboration, and cooperation from and among all local service
providers, including public agencies, private organizations, and
community-based groups.
It is the intent of the legislature that public transportation
agencies, pupil transportation programs, private nonprofit
transportation providers, and other public agencies sponsoring programs
that require transportation services coordinate those transportation
services. Through coordination of transportation services, programs
will achieve increased efficiencies and will be able to provide more
rides to a greater number of persons with special needs.
Sec. 2 RCW 47.06B.020 and 2007 c 421 s 2 are each amended to read
as follows:
(1) The agency council on coordinated transportation is created.
The purpose of the council is to advance and improve accessibility to
and coordination of special needs transportation services statewide.
The council is composed of ((ten)) thirteen voting members and four
nonvoting, legislative members.
(2) The ((ten)) thirteen voting members are the superintendent of
public instruction or a designee, the secretary of transportation or a
designee, the secretary of the department of social and health services
or a designee, and seven members appointed by the governor as follows:
(a) One representative from the office of the governor;
(b) Three persons who are consumers of special needs transportation
services, which must include:
(i) One person designated by the executive director of the
governor's committee on disability issues and employment; and
(ii) One person who is designated by the executive director of the
developmental disabilities council;
(c) One representative from the Washington association of pupil
transportation;
(d) One representative from the Washington state transit
association; ((and))
(e) One of the following:
(i) A representative from the community transportation association
of the Northwest; or
(ii) A representative from the community action council
association;
(f) One person who represents regional transportation planning
organizations and metropolitan planning organizations;
(g) One representative of brokers who provide nonemergency,
medically necessary trips to persons with special transportation needs
under the medicaid program administered by the department of social and
health services; and
(h) One representative of the state association of counties.
(3) The four nonvoting members are legislators as follows:
(a) Two members from the house of representatives, one from each of
the two largest caucuses, appointed by the speaker of the house of
representatives, including at least one member from the house
transportation policy and budget committee or the house appropriations
committee; and
(b) Two members from the senate, one from each of the two largest
caucuses, appointed by the president of the senate, including at least
one member from the senate transportation committee or the senate ways
and means committee.
(4) Gubernatorial appointees of the council will serve two-year
terms. Members may not receive compensation for their service on the
council, but will be reimbursed for actual and necessary expenses
incurred in performing their duties as members as set forth in RCW
43.03.220.
(5) ((The secretary of transportation or a designee shall serve as
the chair)) The council shall vote on an annual basis to elect one of
its voting members to serve as chair. The position of chair must
rotate among the represented agencies, associations, and interest
groups at least every two years. If the position of chair is vacated
for any reason, the secretary of transportation or the secretary's
designee shall serve as acting chair until the next regular meeting of
the council, at which time the members will elect a chair.
(6) The council shall periodically assess its membership to ensure
that there exists a balanced representation of persons with special
transportation needs and providers of special transportation needs
services. Recommendations for modifying the membership of the council
must be included in the council's biennial report to the legislature as
provided in RCW 47.06B.050.
(((6))) (7) The department of transportation shall provide
necessary staff support for the council.
(((7))) (8) The council may receive gifts, grants, or endowments
from public or private sources that are made from time to time, in
trust or otherwise, for the use and benefit of the purposes of the
council and spend gifts, grants, or endowments or income from the
public or private sources according to their terms, unless the receipt
of the gifts, grants, or endowments violates RCW 42.17.710.
(((8))) (9) The meetings of the council must be open to the public,
with the agenda published in advance, and minutes kept and made
available to the public. The public notice of the meetings must
indicate that accommodations for persons with disabilities will be made
available upon request.
(((9))) (10) All meetings of the council must be held in locations
that are readily accessible to public transportation, and must be
scheduled for times when public transportation is available.
(((10))) (11) The council shall make an effort to include
presentations by and work sessions including persons with special
transportation needs.
Sec. 3 RCW 47.06B.030 and 2007 c 421 s 3 are each amended to read
as follows:
(((1))) To assure implementation of an effective system of
coordinated transportation that meets the needs of persons with special
transportation needs, the agency council on coordinated transportation
shall:
(1) Consistent with the policy goals set forth in RCW 47.04.280,
propose statewide policies and objectives, subject to enactment by the
legislature, that are designed to advance the coordination of and to
increase efficiencies in special needs transportation services;
(2) Adopt a biennial work plan that must, at a minimum:
(a) Focus on projects that identify and address barriers in laws,
policies, and procedures;
(b) Focus on results; ((and))
(c) Identify and advocate for transportation system improvements
for persons with special transportation needs((.)); and
(2) The council shall,
(d) Establish benchmarks and goals designed to assist local
coordinating coalitions and community access managers in advancing
their efforts to achieve their goals and objectives, as provided in
sections 6 and 10 of this act;
(3) Collaborate with and monitor the efforts of the local
coordinating coalitions and community access managers established under
sections 6 and 10 of this act;
(4) Establish uniform measurable outcome-based performance
objectives and measures for evaluating:
(a) The effectiveness of any grant programs administered by the
council;
(b) The council's progress made toward accomplishing its overall
objectives;
(c) In collaboration with local coordinating coalitions established
under section 6 of this act, the progress made in each region toward
advancing coordination of and accessibility to special needs
transportation services;
(5) Provide input and recommendations to local and regional
planning organizations for advancing special needs coordinated
transportation;
(6) Appoint members to local coordinating coalitions, as provided
in section 6 of this act;
(7) Designate community access managers, as provided in section 9
of this act;
(8) Beginning with the 2009-2011 biennial transportation budget,
and at the request of the department, review and assess applications
made for state paratransit/special needs grants, as provided in section
223(1), chapter 121, Laws of 2008, or other special needs
transportation grants administered by the department;
(9) As necessary, convene work groups at the state, regional, or
local level to develop and implement coordinated approaches to special
needs transportation((.));
(3)
(10) To improve the service experienced by persons with special
transportation needs, ((the council shall)) develop statewide
guidelines for customer complaint processes so that information about
policies regarding the complaint processes is available consistently
and consumers are appropriately educated about available options. To
be eligible for funding on or after January 1, 2008, organizations
applying for state paratransit/special needs grants as described in
section 226(1), chapter 370, Laws of 2006 must implement a process
following the guidelines established by the council((.)); and
(4) The council shall
(11) Represent the needs and interests of persons with special
transportation needs in statewide efforts for emergency and disaster
preparedness planning by advising the emergency management council on
how to address transportation needs for high-risk individuals during
and after disasters.
NEW SECTION. Sec. 4 A new section is added to chapter 47.06B RCW
to read as follows:
The legislature acknowledges that successful models of coordination
among service providers recognize that cost accounting and cost
allocation are integral components in meeting the statutory obligations
of the various funding sources that may be used to support the purchase
of services from special needs transportation service providers. To
that end, the agency council on coordinated transportation shall:
(1) Develop and adopt common service definitions;
(2) Develop uniform performance and cost reporting systems; and
(3) In cooperation with the department of social and health
services and the Washington state patrol, make progress toward the goal
of establishing a single clearinghouse for driver background checks
within the department of social and health services or another
appropriate agency. To that end, the council shall, at a minimum:
(a) Review any previous relevant studies;
(b) Identify and collaborate with agencies engaged in background
check analysis; and
(c) Develop a work plan to achieve the objectives identified in
this subsection.
Sec. 5 RCW 47.06B.050 and 2007 c 421 s 6 are each amended to read
as follows:
(1) The agency council on coordinated transportation shall submit
a progress report ((on council activities)) to the legislature by
December 1, 2009, and every other year thereafter. The report must
describe the council's progress in achieving its objectives and in
attaining the applicable goals identified in the council's biennial
work plan and highlight any problems encountered in achieving these
goals. The report must also describe: The progress of local
coordinating coalitions, established in section 6 of this act, in
advancing local transportation initiatives and programs and in
addressing local and regional connectivity needs; the performance and
progress of community access managers established under section 10 of
this act; and the council's efforts made in achieving the tasks and
goals set forth in section 4 of this act. The information will be
reported in a form established by the council.
(2) If a local coordinating coalition established under section 6
of this act submits a report to the council that identifies local
service needs and strategies to address those needs, the council shall
transmit the report to the appropriate local and regional planning
organizations.
NEW SECTION. Sec. 6 A new section is added to chapter 47.06B RCW
to read as follows:
(1) A local coordinating coalition is created in each nonemergency
medical transportation brokerage region designated by the department of
social and health services. The purpose of a local coordinating
coalition is to advance local efforts to coordinate and maximize
efficiencies in special needs transportation programs and services,
contributing to the overall objectives and goals of the agency council
on coordinated transportation. The local coordinating coalition shall
serve in an advisory capacity to the agency council on coordinated
transportation by providing the council with a focused and ongoing
assessment of the special transportation needs and services provided
within its region.
(2) The composition and size of each local coordinating coalition
may vary by region, but total membership of each single coalition may
not exceed seven and total membership of each joint coalition, as
provided under subsection (3) of this section, may not exceed thirteen.
Local coordinating coalition members, appointed by the chair of the
agency council on coordinated transportation to two-year terms, must
reflect a balanced representation of the region's providers of special
needs transportation services and must include:
(a) A representative of the largest public transit agency serving
the region;
(b) A representative of private service providers;
(c) A representative of civic or community-based service providers;
(d) A consumer of special needs transportation services;
(e) A representative of nonemergency medical transportation
medicaid brokers; and
(f) A representative of social and human service programs.
(3) Once established, two or more coalitions formed in brokerage
regions described in subsection (1) of this section may agree to form
a single, joint coalition if:
(a) The coalitions are either:
(i) Part of a contiguous area; or
(ii) Partly or fully located within an area served by the same
regional transportation planning organization, as provided in chapter
47.80 RCW; and
(b) The formation of a single, joint coalition is agreed to by a
majority of the members of each coalition.
(4) Each coalition shall vote on an annual basis to elect one of
its members to serve as chair. The position of chair must rotate among
the represented members at least every two years. If the position of
chair is vacated for any reason, the member representing the largest
public transit agency serving the region shall serve as acting chair
until the next regular meeting of the coalition, at which time the
members will elect a chair.
(5) The regional transportation planning organization, as described
in chapter 47.80 RCW, serving the region in which the local
coordinating coalition is created shall provide necessary staff support
for the local coordinating coalition. In regions served by more than
one regional transportation planning organization, unless otherwise
agreed to by the relevant planning organizations, the regional
transportation planning organization serving the largest population
within the region shall provide the necessary staff support.
(6) Meetings of the local coordinating coalition may be convened at
the call of the chair or by a majority of the members. Meetings must
be open to the public, with the agenda published in advance, and
minutes kept and made available to the public. Public notice of the
meetings must indicate that accommodations for persons with
disabilities will be made available upon request. In addition,
meetings of the coalition must be held in locations that are readily
accessible to public transportation, and must be scheduled for times
when public transportation is available.
NEW SECTION. Sec. 7 A new section is added to chapter 47.06B RCW
to read as follows:
(1) Local coordinating coalitions shall:
(a) Identify, to the greatest extent possible and in collaboration
with the appropriate community access manager or managers established
under section 10 of this act, all local transportation facilities,
services, and providers serving persons with special transportation
needs in the region, including public transit agencies, private
companies, nonprofit organizations, and community-based groups. For
each service provider, the coalition shall identify the boundaries
within which services are provided;
(b) Identify local service needs, including connectivity gaps and
other barriers to reliable and efficient transportation within and
across service boundaries;
(c) Consider strategies to address the local service needs
identified in (b) of this subsection;
(d) Collaborate with local service providers and operators to
identify and propose common connectivity standards. The connectivity
standards must, at a minimum, address signage, transit information,
schedule coordination, and services provided to address access to and
from a transit stop or facility;
(e) When practicable, advance local coordination initiatives,
programs, and projects; and
(f) Assess service providers at least on an annual basis, using
performance objectives and measures established in collaboration with,
and approved by, the agency council on coordinated transportation.
(2) Local coordinating coalitions shall convene public meetings at
least quarterly and provide an opportunity for public comment at the
meetings. Public notice of the meetings must indicate that
accommodations for persons with disabilities will be made available
upon request. All meetings of the coalition must be held in locations
that are readily accessible to public transportation, and must be
scheduled for times when public transportation is available.
NEW SECTION. Sec. 8 A new section is added to chapter 47.06B RCW
to read as follows:
In addition to the duties identified in sections 6 and 7 of this
act, a local coordinating coalition shall:
(1) By December 1, 2010, submit its first annual report to the
agency council on coordinated transportation on the local coordinating
coalition's efforts to advance local coordination initiatives and
programs. The report must include a detailed explanation of progress
made toward the goals and duties established in section 7 of this act.
By November 1st of each year thereafter, the local coordinating
coalition shall submit an annual report to the council that must
include:
(a) Identified connectivity gaps and, to the greatest extent
possible, strategies to address those gaps;
(b) Any recommendations related to statewide policies adopted by
the council; and
(c) A performance analysis of the region's community access manager
based on the uniform measurable outcome-based performance objectives
and measures established by the council under RCW 47.06B.030.
(2) Submit periodic reports, as needed, to the agency council on
coordinated transportation updating the list of identified
transportation services, facilities, and providers.
NEW SECTION. Sec. 9 A new section is added to chapter 47.06B RCW
to read as follows:
(1) By July 1, 2010, the agency council on coordinated
transportation shall establish, after consultation with appropriate
agencies and transportation providers, a competitive solicitation and
procurement process consistent with the requirements of chapter 39.29
RCW for the purpose of designating a community access manager in each
transportation brokerage region as described in section 6 of this act.
(2) The agency council on coordinated transportation shall publish
at least once in a legal newspaper of general circulation that is
published in, or as near as possible to, the region in which the public
work will be done, a notice of the council's requests for
qualifications from community access manager applicants. The request
for qualifications must include, at a minimum:
(a) A general description of the duties and responsibilities of a
community access manager;
(b) A description of the specific level and type of services
required to serve the clients of the agencies serving persons with
special transportation needs within the region;
(c) A description of the qualifications required of the applicant;
(d) A description of the process that the public body will use to
evaluate qualifications, including evaluation factors and the relative
weight of factors and any specific forms to be used by the applicants;
and
(e) The schedule for the procurement process.
(3) The agency council on coordinated transportation shall
establish an evaluation committee to evaluate the responses to the
request for qualifications. The committee may solely reject all
applicants and shall provide its reasons for rejection in writing to
all applicants. After consultation with the appropriate local
coordinating coalitions as described under section 6 of this act and
other relevant public agencies, planning organizations, providers, or
users of the system, the committee shall recommend to the council not
more than two finalists. The list of finalists, along with the
recommendations from the local coordinating coalitions, must be
submitted to the full council for making final determinations.
(4) Subject to (a) of this subsection, after reviewing the
evaluation committee's selected finalists and related documentation,
the agency council on coordinated transportation shall designate a
finalist applicant as the community access manager in the designated
region. In making this final determination, the recommendations from
the local coordinating coalitions must be given substantial deference.
(a) The council may solely reject all applicants and shall provide
its reasons for rejection in writing.
(b) Once final designations have been made, the council shall enter
into a renewable memorandum of understanding with each successful
applicant. The memorandum of understanding must specify the roles and
responsibilities of the community access managers, including roles and
responsibilities related to other service providers, state agency
sponsors and purchasers of service, and the local coordinating
coalition in the region.
(5) The agency council on coordinated transportation may delegate
any or all responsibility for the procurement process to the
departments of social and health services, transportation, or general
administration. Once designated, community access managers are
responsible for coordinating and providing community transportation
services within their designated regions.
(6) The agency council on coordinated transportation shall review
and assess the performance of the designated community access managers
annually for the purpose of conducting performance evaluations based on
the performance objectives and measures adopted under RCW 47.06B.030.
NEW SECTION. Sec. 10 A new section is added to chapter 47.06B
RCW to read as follows:
(1) Subject to the requirements of section 9 of this act, a
community access manager is established in each nonemergency medical
transportation brokerage region as designated by the department of
social and health services.
(2) The purpose of a community access manager is, in cooperation
with the agency council on coordinated transportation, appropriate
local coordinating coalition or coalitions, and relevant transportation
service providers, to coordinate community special needs transportation
services within the designated region. In addition to coordinating
services, the community access manager may also provide special needs
transportation services within the designated region. The community
access manager must seek to improve the coordination of and
accessibility to transportation services for persons with special
transportation needs.
(3) To achieve the objectives identified in subsection (2) of this
section, each community access manager must work with the local
coordinating coalition to identify the transportation needs and all
transportation services providers within the region. Once identified,
the community access manager shall:
(a) Subject to the requirements of this subsection, contract with
appropriate transportation services providers to provide for the
identified needs and level of service;
(b) Coordinate the efforts of transportation services providers to
maximize efficiencies;
(c) Once established by the agency council on coordinated
transportation, adopt and use:
(i) Common service definitions as provided in section 4 of this
act, and include in each service provider contract a provision that
requires each service provider to adopt and use those service
definitions;
(ii) A uniform performance and cost reporting system developed
under section 4 of this act; and
(e) Establish a process that allows clients to comment on the
system and transportation services provided. Comments must be provided
to the appropriate local coordinating coalition or coalitions.
NEW SECTION. Sec. 11 A new section is added to chapter 43.20A
RCW to read as follows:
The department shall provide each client who is a person with
special transportation needs, as defined in RCW 47.06B.012, with
printed materials identifying the transportation services, facilities,
and providers serving the region in which the client resides. The
materials must include all relevant information gathered by the
department of transportation under section 16 of this act and, if
available, instructions on how to access the department of
transportation's statewide transportation web site.
NEW SECTION. Sec. 12 A new section is added to chapter 43.20A
RCW to read as follows:
Subsequent to the designation of community access managers
described under section 10 of this act, and subject to the terms of any
existing contract for regional special needs transportation services,
the department shall contract with the community access managers
designated by the agency council on coordinated transportation, as
provided in chapter 47.06B RCW, to provide transportation services to
eligible clients.
NEW SECTION. Sec. 13 A new section is added to chapter 43.70 RCW
to read as follows:
The department shall provide each client who is a person with
special transportation needs, as defined in RCW 47.06B.012, with
printed materials identifying the transportation services, facilities,
and providers serving the region in which the client resides. The
materials must include all relevant information gathered by the
department of transportation under section 16 of this act and, if
available, instructions on how to access the department of
transportation's statewide transportation web site.
NEW SECTION. Sec. 14 A new section is added to chapter 43.70 RCW
to read as follows:
Subsequent to the designation of community access managers
described under section 10 of this act, and subject to the terms of any
existing contract for regional special needs transportation services,
the department shall contract with the community access managers
designated by the agency council on coordinated transportation, as
provided in chapter 47.06B RCW, to provide transportation services to
eligible clients.
NEW SECTION. Sec. 15 A new section is added to chapter 28A.300
RCW to read as follows:
By December 31, 2010, the office of the superintendent of public
instruction shall establish a uniform process designed to track the
additional expenditures for transporting homeless students, including
expenditures required under the McKinney Vento act, reauthorized as
Title X, Part C, of the no child left behind act, P.L. 107-110, in
January 2002. Once established, the superintendent shall adopt the
necessary administrative rules to direct each school district to adopt
and use the process and track these expenditures. The superintendent
shall provide information annually to the agency council on coordinated
transportation, as described in chapter 47.06B RCW, on total
expenditures related to the transportation of homeless students.
NEW SECTION. Sec. 16 A new section is added to chapter 47.01 RCW
to read as follows:
The department shall serve as the state's center for the collection
of information and available special needs transportation services and
providers. In providing this service, the department shall:
(1) Establish and maintain an updated web site with statewide
information regarding transportation facilities and service providers;
(2) Work with the local coordinating coalitions and community
access managers described under sections 6 and 10 of this act, and
other relevant public and private transportation providers, to identify
special needs transportation services, facilities, and providers
statewide; and
(3) Periodically provide information to the department of social
and health services and the department of health that identifies
transportation services, facilities, providers, and other resources
available to those with special transportation needs, in a format and
manner jointly agreed to by the agencies.
NEW SECTION. Sec. 17 A new section is added to chapter 36.57A
RCW to read as follows:
A public transportation benefit area shall work collaboratively
with the appropriate local coordinating coalition or coalitions as
described under section 6 of this act and the appropriate community
access manager or managers described under section 10 of this act to
advance the coordination of and maximize efficiencies in transportation
services provided to persons with special transportation needs as
defined in RCW 47.06B.012.
Sec. 18 RCW 36.57A.060 and 1975 1st ex.s. c 270 s 16 are each
amended to read as follows:
The public transportation benefit area authority authorized
pursuant to RCW 36.57A.050 shall develop a comprehensive transit plan
for the area. Such plan shall include, but not be limited to, the
following elements:
(1) The levels of transit service that can be reasonably provided
for various portions of the benefit area.
(2) The funding requirements, including local tax sources, state
and federal funds, necessary to provide various levels of service
within the area.
(3) The impact of such a transportation program on other transit
systems operating within that county or adjacent counties.
(4) The future enlargement of the benefit area or the consolidation
of such benefit area with other transit systems.
(5) The specific steps that the benefit area will take to advance
and maximize efficiencies in special needs coordinated transportation
as defined in RCW 47.06B.012. This element must also address
opportunities to share resources and otherwise collaborate with other
transit systems operating within that area or adjacent jurisdictions.
Sec. 19 RCW 35.58.2795 and 1994 c 158 s 6 are each amended to
read as follows:
By April 1st of each year, the legislative authority of each
municipality, as defined in RCW 35.58.272, and each regional transit
authority shall prepare a six-year transit development plan for that
calendar year and the ensuing five years. The program shall be
consistent with the comprehensive plans adopted by counties, cities,
and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, the
inherent authority of a first-class city or charter county derived from
its charter, or chapter 36.70A RCW. The program shall contain
information as to how the municipality intends to meet state and local
long-range priorities for public transportation, capital improvements,
significant operating changes planned for the system, coordination of
transportation for persons with special transportation needs as defined
in RCW 47.06B.012, and how the municipality intends to fund program
needs. The six-year plan for each municipality and regional transit
authority shall specifically set forth those projects of regional
significance for inclusion in the transportation improvement program
within that region and identify those projects that will advance the
coordination of or increase efficiencies in special needs
transportation. Each municipality and regional transit authority shall
file the six-year program with the state department of transportation,
the transportation improvement board, and cities, counties, and
regional planning councils within which the municipality is located.
In developing its program, the municipality and the regional
transit authority shall consider those policy recommendations affecting
public transportation contained in the state transportation policy plan
approved by the state transportation commission and, where appropriate,
adopted by the legislature. The municipality shall conduct one or more
public hearings while developing its program and for each annual
update.
NEW SECTION. Sec. 20 A new section is added to chapter 36.57 RCW
to read as follows:
County transportation authorities created under this chapter shall
work collaboratively with the appropriate local coordinating coalition
or coalitions as established under section 6 of this act and the
appropriate community access manager or managers established under
section 10 of this act to advance the coordination of and maximize
efficiencies in transportation services provided to persons with
special transportation needs as defined in RCW 47.06B.012.
Sec. 21 RCW 36.57.070 and 1974 ex.s. c 167 s 7 are each amended
to read as follows:
The authority shall adopt a public transportation plan. ((Such
plan shall be a general comprehensive plan designed to best serve the
residents of the entire county.)) Prior to adoption of the plan, the
authority shall provide a minimum of sixty days during which sufficient
hearings ((shall)) must be held to provide interested persons an
opportunity to participate in the development of the plan. The plan
must be:
(1) A general comprehensive plan designed to best serve the
residents of the entire county; and
(2) Periodically updated, and must address specific steps that the
authority will take to advance and maximize efficiencies in special
needs coordinated transportation as defined in RCW 47.06B.012. The
plan must also address opportunities to share resources and otherwise
collaborate with other transit systems and transportation providers
operating within that county or adjacent counties.
NEW SECTION. Sec. 22 A new section is added to chapter 35.58 RCW
to read as follows:
A city that is not located within the boundaries of a metropolitan
municipal corporation, county transportation authority, or public
transportation benefit area, and that owns, operates, or contracts for
the services of a publicly owned or operated system of transportation
shall:
(1) Work collaboratively with the appropriate local coordinating
coalition or coalitions as described under section 6 of this act and
the appropriate community access manager or managers described under
section 10 of this act to advance the coordination of and maximize
efficiencies in transportation services provided to persons with
special transportation needs as defined in RCW 47.06B.012; and
(2) Establish a plan, and periodically update the plan, that
identifies specific steps that the city will take to advance and
maximize efficiencies in special needs coordinated transportation as
defined in RCW 47.06B.012. The plan must also address opportunities to
share resources and otherwise collaborate with other transit systems
and transportation providers operating within the city, the county in
which the city is located, and adjacent counties. Prior to adoption of
the plan or updated plan, the city shall provide a minimum of sixty
days during which sufficient hearings must be held to provide
interested persons an opportunity to participate in the development of
the plan.
NEW SECTION. Sec. 23 A new section is added to chapter 35.58 RCW
to read as follows:
Metropolitan municipal corporations that provide public
transportation shall work collaboratively with the appropriate local
coordinating coalition or coalitions as described under section 6 of
this act and the appropriate community access manager or managers
described under section 10 of this act to advance the coordination of
and maximize efficiencies in transportation services provided to
persons with special transportation needs as defined in RCW 47.06B.012.
Sec. 24 RCW 35.58.240 and 1981 c 25 s 1 are each amended to read
as follows:
If a metropolitan municipal corporation shall be authorized to
perform the function of metropolitan transportation, it shall have the
following powers in addition to the general powers granted by this
chapter:
(1) To prepare, adopt, and carry out a general comprehensive plan
for public transportation service which will best serve the residents
of the metropolitan area and to amend said plan from time to time to
meet changed conditions and requirements. The plan must identify
specific steps that the metropolitan municipal corporation will take to
advance and maximize efficiencies in special needs coordinated
transportation as defined in RCW 47.06B.012. The plan must also
address opportunities to share resources and otherwise collaborate with
other transit systems and transportation providers operating within the
county in which the metropolitan municipal corporation was created and
adjacent counties.
(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 metropolitan transportation facilities and
properties within or without the metropolitan area, including systems
of surface, underground, or overhead railways, tramways, buses, or any
other means of local transportation except taxis, and including
escalators, moving sidewalks, or other people-moving systems, passenger
terminal and parking facilities and properties, and such other
facilities and properties as may be necessary for passenger and
vehicular 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
systems and facilities. Public transportation facilities and
properties which are owned by any city may be acquired or used by the
metropolitan municipal corporation only with the consent of the city
council of the city owning such facilities. Cities are hereby
authorized to convey or lease such facilities to metropolitan
corporations or to contract for their joint use on such terms as may be
fixed by agreement between the city council of such city and the
metropolitan council, without submitting the matter to the voters of
such city.
((The facilities and properties of a metropolitan public
transportation system 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 which
are required by RCW 35.58.273 for mass transit facilities operating on
a separate right-of-way.))
(3) To fix rates, tolls, fares, and charges for the use of such
facilities and to establish various routes and classes of service.
Fares or charges may be adjusted or eliminated for any distinguishable
class of users including, but not limited to, senior citizens,
((handicapped)) persons with disabilities, and students. Classes of
service and fares will be maintained in the several parts of the
metropolitan area at such levels as will provide, insofar as reasonably
practicable, that the portion of any annual transit operating deficit
of the metropolitan municipal corporation attributable to the operation
of all routes, taken as a whole, which are located within the central
city is approximately in proportion to the portion of total taxes
collected by or on behalf of the metropolitan municipal corporation for
transit purposes within the central city, and that the portion of such
annual transit operating deficit attributable to the operation of all
routes, taken as a whole, which are located outside the central city,
is approximately in proportion to the portion of such taxes collected
outside the central city.
In the event any metropolitan municipal corporation shall extend
its metropolitan transportation function to any area or service already
offered by any company holding a certificate of public convenience and
necessity from the Washington utilities and transportation commission
under RCW 81.68.040, it shall by purchase or condemnation acquire at
the fair market value, from the person holding the existing certificate
for providing the services, that portion of the operating authority and
equipment representing the services within the area of public
operation.
NEW SECTION. Sec. 25 A new section is added to chapter 81.112
RCW to read as follows:
A regional transit authority shall work collaboratively with the
appropriate local coordinating coalition or coalitions as described
under section 6 of this act and the appropriate community access
manager or managers described under section 10 of this act to advance
the coordination of and maximize efficiencies in transportation
services provided to persons with special transportation needs as
defined in RCW 47.06B.012.
Sec. 26 RCW 81.112.030 and 2007 c 509 s 3 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) At the 2007 general election, the authority shall submit a
proposition to support a system and financing plan or additional
implementation phases of the authority's system and financing plan as
part of a single ballot proposition that includes a plan to support a
regional transportation investment plan developed under chapter 36.120
RCW. The authority's plan shall not be considered approved unless both
a majority of the persons voting on the proposition residing within the
authority vote in favor of the proposition and a majority of the
persons voting on the proposition residing within the proposed regional
transportation investment district vote in favor of the proposition.
(11) 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.
(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.
Sec. 27 RCW 36.73.020 and 2006 c 311 s 25 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 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
transportation improvements:
(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; ((and))
(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, the
governing body shall be composed of at least five members including at
least one elected official from the legislative authority of each
participating jurisdiction.
(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.
Sec. 28 RCW 47.80.023 and 2007 c 421 s 5 are each amended to read
as follows:
Each regional transportation planning organization shall have the
following duties:
(1) Prepare and periodically update a transportation strategy for
the region. The strategy shall address alternative transportation
modes and transportation demand management measures in regional
corridors, identify opportunities to advance special needs coordinated
transportation as defined in RCW 47.06B.012, and ((shall)) recommend
preferred transportation policies to implement adopted growth
strategies. The strategy shall serve as a guide in preparation of the
regional transportation plan.
(2) Prepare a regional transportation plan as set forth in RCW
47.80.030 that is consistent with county-wide planning policies if such
have been adopted pursuant to chapter 36.70A RCW, with county, city,
and town comprehensive plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation elements
of comprehensive plans adopted by counties, cities, and towns within
the region reflect the guidelines and principles developed pursuant to
RCW 47.80.026, are consistent with the adopted regional transportation
plan, and, where appropriate, conform with the requirements of RCW
36.70A.070.
(4) Where appropriate, certify that county-wide planning policies
adopted under RCW 36.70A.210 and the adopted regional transportation
plan are consistent.
(5) Develop, in cooperation with the department of transportation,
operators of public transportation services and local governments
within the region, a six-year regional transportation improvement
program which proposes regionally significant transportation projects
and programs and transportation demand management measures. The
regional transportation improvement program shall be based on the
programs, projects, and transportation demand management measures of
regional significance as identified by transit agencies, cities, and
counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121,
respectively, and any recommended programs or projects identified by
the agency council on coordinated transportation, as provided in
chapter 47.06B RCW, that advance special needs coordinated
transportation as defined in RCW 47.06B.012. The program shall include
a priority list of projects and programs, project segments and
programs, transportation demand management measures, and a specific
financial plan that demonstrates how the transportation improvement
program can be funded. The program shall be updated at least every two
years for the ensuing six-year period.
(6) Designate a lead planning agency to coordinate preparation of
the regional transportation plan and carry out the other
responsibilities of the organization. The lead planning agency may be
a regional organization, a component county, city, or town agency, or
the appropriate Washington state department of transportation district
office.
(7) Review level of service methodologies used by cities and
counties planning under chapter 36.70A RCW to promote a consistent
regional evaluation of transportation facilities and corridors.
(8) Work with cities, counties, transit agencies, the department of
transportation, and others to develop level of service standards or
alternative transportation performance measures.
(9) Submit to the agency council on coordinated transportation, as
provided in chapter 47.06B RCW, beginning on July 1, 2007, and every
four years thereafter, an updated plan that includes the elements
identified by the council. Each regional transportation planning
organization must submit to the council every two years a prioritized
regional human service and transportation project list.
NEW SECTION. Sec. 29 A new section is added to chapter 47.01 RCW
to read as follows:
(1) To be eligible for funding on or after January 1, 2010, any
organization applying for state paratransit/special needs grants, as
described in section 223(1), chapter 121, Laws of 2008, or for other
funding provided for persons with special transportation needs, as
defined under RCW 47.06B.012, must include in its application, in
addition to meeting other eligibility requirements provided in law, an
explanation of how the requested funding will advance efficiencies in,
accessibility to, or coordination of transportation services provided
to persons with special transportation needs as defined in RCW
47.06B.012.
(2) Unless otherwise required by law, in administering federal
funding provided for special needs transportation purposes, including
funding under SAFETEA-LU, the safe, accountable, flexible, efficient
transportation equity act, P.L. 109-59, or its successor, the
department shall give priority to projects that result in increased
efficiencies in special needs transportation or improved coordination
among special needs transportation service providers.
(3) In making final grant award determinations under subsection (1)
of this section, the department shall seek input from the agency
council on coordinated transportation, as provided in chapter 47.06B
RCW, and shall give substantial deference to applications recommended
by the council.
NEW SECTION. Sec. 30 The department of social and health
services and the department of transportation shall jointly implement
or develop and implement two pilot projects to promote coordination of
public transit and medicaid services, and shall keep the agency council
on coordinated transportation, as described in chapter 47.06B RCW,
informed of progress made toward implementing the pilot projects. In
developing or implementing these projects, the department of social and
health services and department of transportation may collaborate with
other agencies and organizations as deemed appropriate. One pilot
project must be designed to demonstrate opportunities for cost sharing
among public paratransit and medicaid nonemergency medical trips. A
second pilot project must be designed to test the feasibility of
capturing the value of medicaid trips provided by public transit
agencies for which they are not currently reimbursed with a funding
match by federal medicaid dollars. By December 2011, the departments
and council shall issue a joint report to the transportation committees
of the legislature on progress made in implementing the pilot projects.
NEW SECTION. Sec. 31 The following acts or parts of acts are
each repealed:
(1) RCW 47.06B.900 (Council--Termination) and 2007 c 421 s 8, 1999
c 385 s 7, & 1998 c 173 s 6; and
(2) RCW 47.06B.901 (Repealer) and 2007 c 421 s 9, 1999 c 385 s 8,
& 1998 c 173 s 7.