BILL REQ. #:  H-1925.2 

READ FIRST TIME 02/25/11.   

     AN ACT Relating to public transportation systems; amending RCW 35.58.2795, 35.58.2796, 47.01.101, 47.01.141, 47.04.280, and 47.06.140; adding a new section to chapter 43.19 RCW; and adding a new section to chapter 47.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 35.58.2795 and 1994 c 158 s 6 are each amended to read as follows:
     By ((April)) September 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, 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. 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.

Sec. 2   RCW 35.58.2796 and 2005 c 319 s 101 are each amended to read as follows:
     (1) The department of transportation shall develop an annual report summarizing the status of public transportation systems in the state for the previous calendar year. By ((September)) December 1st of each year, ((copies of)) the report ((shall be submitted)) must be made available to the transportation committees of the legislature and to each municipality, as defined in RCW 35.58.272, and to individual members of the municipality's legislative authority.
     (2) To assist the department with preparation of the report, each municipality shall file a system report by ((April)) September 1st of each year with the state department of transportation identifying its public transportation services for the previous calendar year and its objectives for improving the efficiency and effectiveness of those services. The system report shall address those items required for each public transportation system in the department's report.
     (3) The department report shall describe individual public transportation systems, including contracted transportation services and dial-a-ride services, and include a statewide summary of public transportation issues and data. The descriptions shall include the following elements and such other elements as the department deems appropriate after consultation with the municipalities and the transportation committees of the legislature:
     (((1))) (a) Equipment and facilities, including vehicle replacement standards;
     (((2))) (b) Services and service standards;
     (((3))) (c) Revenues, expenses, and ending balances, by fund source;
     (((4))) (d) Policy issues and system improvement objectives, including community participation in development of those objectives and how those objectives address statewide transportation priorities;
     (((5))) (e) Operating indicators applied to public transportation services, revenues, and expenses. Operating indicators shall include operating cost per passenger trip, operating cost per revenue vehicle service hour, passenger trips per revenue service hour, passenger trips per vehicle service mile, vehicle service hours per employee, and farebox revenue as a percent of operating costs.
     (4) To the extent that information is available, the department report must include descriptive information on any other modes of public transportation, the impact of public transportation on transportation system performance, and how public transportation helps the state meet the transportation system policy goals described in RCW 47.04.280.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.19 RCW to read as follows:
     New state facilities must be sited in areas adequately accessible by transit service.

Sec. 4   RCW 47.01.101 and 2006 c 334 s 6 are each amended to read as follows:
     The secretary shall have the authority and it shall be his or her duty:
     (1) To serve as chief executive officer of the department with full administrative authority to direct all its activities;
     (2) To organize the department as he or she may deem necessary to carry out the work and responsibilities of the department effectively;
     (3) To designate and establish such transportation district, region, or branch offices as may be necessary or convenient, and to appoint assistants and delegate any powers, duties, and functions to them or any officer or employee of the department as deemed necessary to administer the department efficiently, which includes designating an employee in each region to be responsible for integrating public transportation into all state transportation planning and programming activities and fostering greater partnerships between the state and public transportation providers;
     (4) To direct and coordinate the programs of the various divisions of the department to assure that they achieve the greatest possible mutual benefit, produce a balanced overall effort, and eliminate unnecessary duplication of activity;
     (5) To adopt all department rules that are subject to the adoption procedures contained in the state administrative procedure act, except rules subject to adoption by the commission pursuant to statute;
     (6) To maintain and safeguard the official records of the department, including the commission's recorded resolutions and orders;
     (7) To provide, under contract or interagency agreement, staff support to the commission, including long-term technical and administrative support as needed, to assist it in carrying out its functions, powers, and duties;
     (8) To execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation;
     (9) To advise the governor and the legislature with respect to matters under the jurisdiction of the department; and
     (10) To exercise all other powers and perform all other duties as are now or hereafter provided by law.

Sec. 5   RCW 47.01.141 and 1987 c 505 s 49 are each amended to read as follows:
     The department shall submit a biennial report to the governor and chairs of the transportation committees of the senate and house of representatives with a copy to the staff of each of the committees, including but not limited to operational and construction activities of the preceding fiscal period as the department deems important, a report regarding the integration of public transportation into state transportation planning and programming activities and the fostering of greater partnerships between the state and public transportation providers, and recommendations for future operations of the department.

Sec. 6   RCW 47.04.280 and 2010 c 74 s 1 are each amended to read as follows:
     (1) It is the intent of the legislature to establish policy goals for the planning, operation, performance of, and investment in, the state's transportation system. The policy goals established under this section are deemed consistent with the benchmark categories adopted by the state's blue ribbon commission on transportation on November 30, 2000. Public investments in transportation should support achievement of these policy goals:
     (a) Economic vitality: To promote and develop transportation systems that stimulate, support, and enhance the movement of people and goods to ensure a prosperous economy;
     (b) Preservation: To maintain, preserve, and extend the life and utility of prior investments in transportation systems and services;
     (c) Safety: To provide for and improve the safety and security of transportation customers and the transportation system;
     (d) Mobility: To improve the predictable movement of goods and people throughout Washington state;
     (e) Environment: To enhance Washington's quality of life through transportation investments that promote energy conservation, enhance healthy communities, and protect the environment; and
     (f) Stewardship: To continuously improve the quality, effectiveness, and efficiency of the transportation system.
     (2) The powers, duties, and functions of state transportation agencies must be performed in a manner consistent with the policy goals set forth in subsection (1) of this section.
     (3) These policy goals are intended to be the basis for establishing detailed and measurable objectives and related performance measures.
     (4)(a) It is the intent of the legislature that the office of financial management establish objectives and performance measures for the department of transportation and other state agencies with transportation-related responsibilities to ensure transportation system performance at local, regional, and state government levels progresses toward the attainment of the policy goals set forth in subsection (1) of this section. The office of financial management shall submit initial objectives and performance measures to the legislature for its review and shall provide copies of the same to the commission during the 2008 legislative session. The office of financial management shall submit objectives and performance measures to the legislature for its review and shall provide copies of the same to the commission during each regular session of the legislature during an even-numbered year thereafter.
     (b) It is the intent of the legislature that the office of financial management establish objectives and performance measures for the department of transportation and other state and local agencies with public transportation-related responsibilities to ensure that public transportation system performance at local, regional, and state government levels progresses toward the attainment of the policy goals set forth in subsection (1) of this section, which must, at a minimum, include objectives and performance measures regarding safety, efficiency, revenue, and cost. The office of financial management shall submit initial objectives and performance measures to the legislature for its review and shall provide copies of the same to the commission during the 2012 legislative session. The office of financial management shall include these objectives and performance measures in its preexisting reporting that the office of financial management submits to the legislature for its review and shall provide copies of the same to the commission during each regular session of the legislature during an even-numbered year thereafter.
     (5) This section does not create a private right of action.

NEW SECTION.  Sec. 7   A new section is added to chapter 47.04 RCW to read as follows:
     The legislature recognizes the benefit that transit facilities provide to motor vehicle traffic by facilitating the efficient utilization in the operation of highways and reducing congestion and hazardous driving conditions. The legislature further recognizes that the Washington supreme court has identified these outcomes as implicitly related to the specific highway purposes delineated in the 18th amendment to the state Constitution. As such, it is the intent of the legislature that the department not charge state agencies airspace leases for the use of highway right-of-way for transit facilities. For purposes of this section, "transit facility" means all benches, kiosks, lighting, waste receptacles, and shelters owned by a public transportation system identified under RCW 82.14.045 and regional transit authorities identified under chapter 81.112 RCW.

Sec. 8   RCW 47.06.140 and 2009 c 514 s 3 are each amended to read as follows:
     (1) The legislature declares the following transportation facilities and services to be of statewide significance: Highways of statewide significance as designated by the legislature under chapter 47.05 RCW, the interstate highway system, interregional state principal arterials including ferry connections that serve statewide travel, intercity passenger rail services, intercity high-speed ground transportation, major passenger intermodal terminals including facilities such as park and ride lots and transit centers but excluding all airport facilities and services, the freight railroad system, the Columbia/Snake navigable river system, marine port facilities and services that are related solely to marine activities affecting international and interstate trade, key freight transportation corridors serving these marine port facilities, and high capacity transportation systems serving regions as defined in RCW 81.104.015. The department, in cooperation with regional transportation planning organizations, counties, cities, transit agencies, public ports, private railroad operators, and private transportation providers, as appropriate, shall plan for improvements to transportation facilities and services of statewide significance in the statewide multimodal transportation plan. Improvements to facilities and services of statewide significance identified in the statewide multimodal transportation plan, or to highways of statewide significance designated by the legislature under chapter 47.05 RCW, are essential state public facilities under RCW 36.70A.200.
     (2) The department of transportation, in consultation with local governments, shall set level of service standards for state highways and state ferry routes of statewide significance. Although the department shall consult with local governments when setting level of service standards, the department retains authority to make final decisions regarding level of service standards for state highways and state ferry routes of statewide significance. In establishing level of service standards for state highways and state ferry routes of statewide significance, the department shall consider the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local communities using these facilities. When setting the level of service standards under this section for state ferry routes, the department may allow for a standard that is adjustable for seasonality.