BILL REQ. #: Z-0449.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/17/11. Referred to Committee on Transportation.
AN ACT Relating to transportation funding and appropriations; amending RCW 43.19.642, 47.56.876, 46.68.320, 46.68.170, 47.12.244, 46.68.060, 46.16.685, 46.68.370, 47.12.340, 41.80.010, 41.80.020, 47.64.170, and 47.64.270; creating new sections; making appropriations and authorizing expenditures for capital improvements; providing an effective date; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The transportation budget of the state
is hereby adopted and, subject to the provisions set forth, the several
amounts specified, or as much thereof as may be necessary to accomplish
the purposes designated, are hereby appropriated from the several
accounts and funds named to the designated state agencies and offices
for employee compensation and other expenses, for capital projects, and
for other specified purposes, including the payment of any final
judgments arising out of such activities, for the period ending June
30, 2013.
(2) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this act.
(a) "Fiscal year 2012" or "FY 2012" means the fiscal year ending
June 30, 2012.
(b) "Fiscal year 2013" or "FY 2013" means the fiscal year ending
June 30, 2013.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an
unappropriated status.
(e) "Provided solely" means the specified amount may be spent only
for the specified purpose. Unless otherwise specifically authorized in
this act, any portion of an amount provided solely for a specified
purpose that is not expended subject to the specified conditions and
limitations to fulfill the specified purpose shall lapse.
(f) "Reappropriation" means appropriation and, unless the context
clearly provides otherwise, is subject to the relevant conditions and
limitations applicable to appropriations.
(g) "LEAP" means the legislative evaluation and accountability
program committee.
NEW SECTION. Sec. 101 FOR THE DEPARTMENT OF ARCHAEOLOGY AND
HISTORIC PRESERVATION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $198,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation is provided
solely for fiscal year 2012 for staffing costs to be dedicated to state
transportation activities. Staff hired to support transportation
activities must have practical experience with complex construction
projects. The appropriation for fiscal year 2013 is contained in
section 110 of this act.
NEW SECTION. Sec. 102 FOR THE UTILITIES AND TRANSPORTATION
COMMISSION
Grade Crossing Protective Account -- State Appropriation . . . . . . . . . . . . $504,000
NEW SECTION. Sec. 103 FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $861,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $102,000
TOTAL APPROPRIATION . . . . . . . . . . . . $963,000
NEW SECTION. Sec. 104 FOR THE MARINE EMPLOYEES COMMISSION
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $398,000
NEW SECTION. Sec. 105 FOR THE STATE PARKS AND RECREATION
COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $451,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation in this section
is provided solely for road maintenance purposes for fiscal year 2012.
The appropriation for fiscal year 2013 is contained in section 108 of
this act.
NEW SECTION. Sec. 106 FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,415,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $351,000 of the motor vehicle account -- state appropriation is
provided solely for costs associated with the motor fuel quality
program.
(2) $1,004,000 of the motor vehicle account -- state appropriation is
provided solely to test the quality of biofuel. The department must
test fuel quality at the biofuel manufacturer, distributor, and
retailer.
NEW SECTION. Sec. 107 FOR THE LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $505,000
NEW SECTION. Sec. 108 FOR THE DEPARTMENT OF CONSERVATION AND
RECREATION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $467,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation in this section
is provided solely for fiscal year 2013.
NEW SECTION. Sec. 109 FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $8,691,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $3,376,000
TOTAL APPROPRIATION . . . . . . . . . . . . $12,067,000
The appropriations in this section are subject to the following
conditions and limitations: $8,186,000 of the motor vehicle account--state appropriation and $3,376,000 of the multimodal transportation
account--state appropriation are provided solely to initiate the
development of an enterprise time and attendance system for state
government. Upon completion of this project, the statewide financial
systems staff in collaboration with the state treasurer's office will
establish a repayment schedule to reimburse the transportation accounts
for the proportionate startup costs that should be borne by other state
agencies.
NEW SECTION. Sec. 110 FOR THE DEPARTMENT OF NATURAL RESOURCES
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $199,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation is provided
solely for fiscal year 2013 staffing costs to be dedicated to state
transportation activities. Staff hired to support transportation
activities must have practical experience with complex construction
projects.
NEW SECTION. Sec. 201 FOR THE WASHINGTON TRAFFIC SAFETY
COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $2,538,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $42,586,000
Highway Safety Account -- Private/Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,340,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,514,000
NEW SECTION. Sec. 202 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $936,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,134,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $1,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,530,000
NEW SECTION. Sec. 203 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $1,835,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $1,838,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,673,000
NEW SECTION. Sec. 204 FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $976,000
NEW SECTION. Sec. 205 FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,115,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,227,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, during the 2011-2013 fiscal
biennium, the transportation commission shall periodically review and,
if necessary, increase the schedule of fares for the Washington state
ferry system.
(2) Pursuant to RCW 43.135.055, during the 2011-2013 fiscal
biennium, the transportation commission shall periodically review and,
if necessary, increase a schedule of toll charges applicable to the
state route number 167 high occupancy toll lane pilot project, as
required under RCW 47.56.403.
(3) Pursuant to RCW 43.135.055, during the 2011-2013 fiscal
biennium, the transportation commission shall periodically review and,
if necessary, increase the schedule of toll charges applicable to the
Tacoma Narrows bridge, taking into consideration the recommendations of
the citizen advisory committee created under RCW 47.46.091.
(4) Pursuant to RCW 43.135.055, during the 2011-2013 fiscal
biennium, the transportation commission shall establish, periodically
review, and, if necessary, increase administrative fees related to toll
facility operations.
(5) Pursuant to RCW 43.135.055, the transportation commission shall
work with the department of transportation to develop a rule to impose
a fuel surcharge mechanism to recover cumulative deficits in the fuel
budget. Consideration must be given to the average price paid for
diesel fuel for the previous quarter and include the effects of
hedging. A surcharge should be applied only if the cumulative fuel
budget has been exceeded. This rule should go into effect as soon as
possible.
NEW SECTION. Sec. 206 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $378,396,000
State Patrol Highway Account -- Federal Appropriation . . . . . . . . . . . . $10,903,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $3,369,000
TOTAL APPROPRIATION . . . . . . . . . . . . $392,668,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Washington state patrol officers engaged in off-duty uniformed
employment providing traffic control services to the department of
transportation or other state agencies may use state patrol vehicles
for the purpose of that employment, subject to guidelines adopted by
the chief of the Washington state patrol. The Washington state patrol
must be reimbursed for the use of the vehicle at the prevailing state
employee rate for mileage and hours of usage, subject to guidelines
developed by the chief of the Washington state patrol. Cessna pilots
funded from the state patrol highway account who are certified to fly
the King Airs may pilot those aircraft for general fund purposes with
the general fund reimbursing the state patrol highway account an hourly
rate to cover the costs incurred during the flights.
(2) The patrol shall not account for or record locally provided DUI
cost reimbursement payments as expenditure credits to the state patrol
highway account. The patrol shall report the amount of expected
locally provided DUI cost reimbursements to the office of financial
management and transportation committees of the legislature by
September 30th of each year.
(3) $12,991,000 of the total appropriation is provided solely for
automobile fuel in the 2011-2013 fiscal biennium.
(4) $7,421,000 of the total appropriation is provided solely for
the purchase of pursuit vehicles.
(5) $6,611,000 of the total appropriation is provided solely for
vehicle repair and maintenance costs of vehicles used for highway
purposes.
(6) $1,724,000 of the total appropriation is provided solely for
the purchase of mission vehicles used for highway purposes in the
commercial vehicle and traffic investigation sections of the Washington
state patrol.
NEW SECTION. Sec. 207 FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . $4,394,000
State Wildlife Account -- State Appropriation . . . . . . . . . . . . $847,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $147,502,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $5,463,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $80,995,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $242,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,378,000
Ignition Interlock Device Revolving Account -- State
Appropriation . . . . . . . . . . . . $1,315,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $5,595,000
TOTAL APPROPRIATION . . . . . . . . . . . . $247,763,000
The appropriations in this section are subject to the following
conditions and limitations: Pursuant to RCW 43.135.055, the department
may assess and collect a five-dollar fee for each vehicle registration
renewal notice that is sent through the mail.
NEW SECTION. Sec. 208 FOR THE DEPARTMENT OF TRANSPORTATION--TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . $1,029,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $584,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $33,373,000
State Route Number 520 Civil Penalties Account -- State
Appropriation . . . . . . . . . . . . $4,646,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . $23,429,000
TOTAL APPROPRIATION . . . . . . . . . . . . $63,061,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall make detailed quarterly expenditure
reports available to the transportation commission and to the public on
the department's web site using current department resources. The
reports must include a summary of revenue generated by tolls on the
Tacoma Narrows bridge and an itemized depiction of the use of that
revenue.
(2) The department shall report quarterly on the civil penalty
process to the office of financial management and the house of
representatives and senate transportation committees beginning
September 30, 2011. The reports must include a summary table for each
toll facility that includes: The number of notices of civil penalty
issued; the number of recipients who pay before the notice becomes a
penalty; the number of recipients who request a hearing and the number
who do not respond; workload costs related to hearings; and revenues
generated from notices of civil penalty.
NEW SECTION. Sec. 209 FOR THE DEPARTMENT OF TRANSPORTATION--INFORMATION TECHNOLOGY -- PROGRAM C
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,460,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $66,824,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $1,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . $70,107,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall consult with the office of financial
management to: (a) Ensure that the department's current and future
information technology system development is consistent with the
overall direction of other key state systems; and (b) when possible,
use or develop common statewide information systems to encourage
coordination and integration of information used by the department and
other state agencies and to avoid duplication.
(2) The department may submit information technology-related
requests for funding only if the department has coordinated with the
office of financial management.
(3) $210,000 of the motor vehicle account--state appropriation is
provided solely to continue compliance with stormwater permit
requirements.
(4) $1,460,000 of the transportation partnership account--state
appropriation and $1,460,000 of the transportation 2003 account (nickel
account)--state appropriation are provided solely for maintaining the
department's project management reporting system.
NEW SECTION. Sec. 210 FOR THE DEPARTMENT OF TRANSPORTATION--FACILITY MAINTENANCE, OPERATIONS, AND CONSTRUCTION -- PROGRAM D--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $26,060,000
The appropriation in this section is subject to the following
conditions and limitations: $1,198,000 of the motor vehicle account--state appropriation is provided solely to continue compliance with
stormwater permit requirements.
NEW SECTION. Sec. 211 FOR THE DEPARTMENT OF TRANSPORTATION--AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . $6,039,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,189,000
The appropriations in this section are subject to the following
conditions and limitations: $200,000 of the aeronautics account -- state
appropriation is a reappropriation provided solely to complete airport
aid construction projects.
NEW SECTION. Sec. 212 FOR THE DEPARTMENT OF TRANSPORTATION--PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $47,249,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $47,999,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $3,754,000 of the motor vehicle account--state appropriation is
provided solely to continue compliance with stormwater permit
requirements.
(2) The department shall provide updated information on six project
milestones for all active projects, funded in part or in whole with
2005 transportation partnership account funds or 2003 nickel account
funds, on a quarterly basis in the transportation executive information
system (TEIS). The department shall also provide updated information
on six project milestones for projects, funded with preexisting funds
and that are agreed to by the legislature, office of financial
management, and the department, on a quarterly basis in TEIS.
NEW SECTION. Sec. 213 FOR THE DEPARTMENT OF TRANSPORTATION--ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $564,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $80,000
TOTAL APPROPRIATION . . . . . . . . . . . . $644,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $50,000 of the multimodal transportation account -- state
appropriation is a reappropriation provided solely for the department
to develop and implement public private partnerships at high priority
terminals as identified in the January 12, 2009, final report on joint
development opportunities at Washington state ferries terminals. The
department shall first consider a mutually beneficial agreement at the
Edmonds terminal.
(2) $30,000 of the motor vehicle account -- state appropriation is a
reappropriation provided solely for the implementation of a pilot
project allowing advertisements and sponsorships on select web pages.
The pilot project must be organized under the partnership model
described in the department's web site monetizing feasibility study.
Once operational, the pilot project must operate for at least twelve
consecutive months. After twelve months of continuous operation, the
department shall provide a report with recommendations on whether to
continue project operations to the office of financial management and
the chairs of the transportation committees. The department may end
the pilot project after less than twelve consecutive months of
operation if insufficient bids or proposals are received from potential
sponsors or advertisers. For the purpose of this subsection, if a
consultant contract is warranted, the consultant contract is deemed a
revenue generation activity as that term is construed in section
602(2), chapter 3, Laws of 2010.
NEW SECTION. Sec. 214 FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $381,972,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $388,972,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) If portions of the appropriations in this section are required
to fund maintenance work resulting from major disasters not covered by
federal emergency funds such as fire, flooding, snow, and major slides,
supplemental appropriations must be requested to restore state funding
for ongoing maintenance activities.
(2) The department shall request an unanticipated receipt for any
federal moneys received for emergency snow and ice removal and shall
place an equal amount of the motor vehicle account -- state into
unallotted status. This exchange shall not affect the amount of
funding available for snow and ice removal.
(3) $7,840,000 of the motor vehicle account--state appropriation is
provided solely to continue compliance with stormwater permit
requirements.
(4) $7,000,000 of the motor vehicle account -- federal appropriation
is for unanticipated federal funds that may be received during the
2011-2013 fiscal biennium. Upon receipt of the funds, the department
shall provide a report on the use of the funds to the transportation
committees of the legislature and the office of financial management.
(5) $7,007,000 of the motor vehicle account--state appropriation is
provided solely to maintain and operate new highway infrastructure
added to the state highway system since the beginning of the 2007-2009
fiscal biennium.
NEW SECTION. Sec. 215 FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS -- PROGRAM Q--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $49,842,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $127,000
TOTAL APPROPRIATION . . . . . . . . . . . . $52,019,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department, in consultation with the Washington state
patrol, may continue a pilot program for the patrol to issue
infractions based on information from automated traffic safety cameras
in roadway construction zones on state highways. For the purpose of
this pilot program, during the 2011-2013 fiscal biennium, a roadway
construction zone includes areas where public employees or private
contractors are not present but where a driving condition exists that
would make it unsafe to drive at higher speeds, such as, when the
department is redirecting or realigning lanes on any public roadway
pursuant to ongoing construction. The department shall use the
following guidelines to administer the program:
(a) Automated traffic safety cameras may only take pictures of the
vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle;
(b) The department shall plainly mark the locations where the
automated traffic safety cameras are used by placing signs on locations
that clearly indicate to a driver that he or she is entering a roadway
construction zone where traffic laws are enforced by an automated
traffic safety camera;
(c) Notices of infractions must be mailed to the registered owner
of a vehicle within fourteen days of the infraction occurring;
(d) The owner of the vehicle is not responsible for the violation
if the owner of the vehicle, within fourteen days of receiving
notification of the violation, mails to the patrol, a declaration under
penalty of perjury, stating that the vehicle involved was, at the time,
stolen or in the care, custody, or control of some person other than
the registered owner, or any other extenuating circumstances;
(e) For purposes of the 2011-2013 fiscal biennium pilot program,
infractions detected through the use of automated traffic safety
cameras are not part of the registered owner's driving record under RCW
46.52.101 and 46.52.120. Additionally, infractions generated by the
use of automated traffic safety cameras must be processed in the same
manner as parking infractions for the purposes of RCW 3.50.100,
35.20.220, 46.16A.120, and 46.20.270(3). However, the amount of the
fine issued under this subsection (2) for an infraction generated
through the use of an automated traffic safety camera is one hundred
thirty-seven dollars. The court shall remit thirty-two dollars of the
fine to the state treasurer for deposit into the state patrol highway
account; and
(f) If a notice of infraction is sent to the registered owner and
the registered owner is a rental car business, the infraction must be
dismissed against the business if it mails to the patrol, within
fourteen days of receiving the notice, a declaration under penalty of
perjury of the name and known mailing address of the individual driving
or renting the vehicle when the infraction occurred. If the business
is unable to determine who was driving or renting the vehicle at the
time the infraction occurred, the business must sign a declaration
under penalty of perjury to this effect. The declaration must be
mailed to the patrol within fourteen days of receiving the notice of
traffic infraction. Timely mailing of this declaration to the issuing
agency relieves a rental car business of any liability under this
section for the notice of infraction. A declaration form suitable for
this purpose must be included with each notice of infraction issued,
along with instructions for its completion and use.
(2) $9,000,000 from the motor vehicle account--state appropriation
is provided solely for the department's incident response program.
NEW SECTION. Sec. 216 FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $28,143,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . $29,146,000
NEW SECTION. Sec. 217 FOR THE DEPARTMENT OF TRANSPORTATION--TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $23,411,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $21,885,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $662,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,809,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,867,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $70,000 of the motor vehicle account -- state appropriation is a
reappropriation provided solely for a corridor study of state route
number 516 from the eastern border of Maple Valley to state route
number 167 to determine whether improvements are needed and the costs
of any needed improvements.
(2) By October 1, 2011, the department shall make recommendations
to the office of financial management and the transportation committees
of the legislature on cost savings that can be achieved through
consolidating reporting and planning functions within the department.
NEW SECTION. Sec. 218 FOR THE DEPARTMENT OF TRANSPORTATION--CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $85,209,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $3,320,000
TOTAL APPROPRIATION . . . . . . . . . . . . $88,929,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The office of financial management must provide a detailed
accounting of the revenues and expenditures of the self- insurance fund
to the transportation committees of the legislature on December 31st
and June 30th of each year.
(2) Payments in this section represent charges from other state
agencies to the department of transportation.
(a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT
DIVISION OF RISK MANAGEMENT FEES . . . . . . . . . . . . $1,639,000
(b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE STATE
AUDITOR . . . . . . . . . . . . $937,000
(c) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF GENERAL
ADMINISTRATION . . . . . . . . . . . . $6,060,000
(d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF
PERSONNEL . . . . . . . . . . . . $6,347,000
(e) FOR PAYMENT OF SELF-INSURANCE LIABILITY
PREMIUMS AND ADMINISTRATION . . . . . . . . . . . . $44,418,000
(f) FOR ARCHIVES AND RECORDS MANAGEMENT . . . . . . . . . . . . $623,000
(g) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS
ENTERPRISES . . . . . . . . . . . . $1,008,000
(h) FOR USE OF FINANCIAL AND REPORTING SYSTEMS
PROVIDED BY THE OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . $1,143,000
(i) FOR POLICY AND SYSTEM ASSISTANCE FROM THE
DEPARTMENT OF INFORMATION SERVICES . . . . . . . . . . . . $1,980,000
(j) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE . . . . . . . . . . . . $8,526,000
(k) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY
GENERAL'S OFFICE FOR THE SECOND PHASE OF THE BOLDT
LITIGATION . . . . . . . . . . . . $672,000
NEW SECTION. Sec. 219 FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION -- PROGRAM V
State Vehicle Parking Account -- State Appropriation . . . . . . . . . . . . $452,000
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $28,942,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $57,927,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,582,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,027,000
TOTAL APPROPRIATION . . . . . . . . . . . . $90,930,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $25,000,000 of the multimodal transportation account -- state
appropriation is provided solely for a grant program for special needs
transportation provided by transit agencies and nonprofit providers of
transportation.
(a) $5,500,000 of the amount provided in this subsection is
provided solely for grants to nonprofit providers of special needs
transportation. Grants for nonprofit providers must be based on need,
including the availability of other providers of service in the area,
efforts to coordinate trips among providers and riders, and the cost
effectiveness of trips provided.
(b) $19,500,000 of the amount provided in this subsection is
provided solely for grants to transit agencies to transport persons
with special transportation needs. To receive a grant, the transit
agency must have a maintenance of effort for special needs
transportation that is no less than the previous year's maintenance of
effort for special needs transportation. Grants for transit agencies
must be prorated based on the amount expended for demand response
service and route deviated service in calendar year 2009 as reported in
the "Summary of Public Transportation - 2009" published by the
department of transportation in January 2011. No transit agency may
receive more than thirty percent of these distributions.
(2) Funds are provided for the rural mobility grant program as
follows:
(a) $7,000,000 of the multimodal transportation account -- state
appropriation is provided solely for grants for those transit systems
serving small cities and rural areas as identified in the "Summary of
Public Transportation - 2009" published by the department of
transportation in January 2011. Noncompetitive grants must be
distributed to the transit systems serving small cities and rural areas
in a manner similar to past disparity equalization programs.
(b) $8,500,000 of the multimodal transportation account -- state
appropriation is provided solely to providers of rural mobility service
in areas not served or underserved by transit agencies through a
competitive grant process.
(3) $4,614,000 of the multimodal transportation account -- state
appropriation is provided solely for a vanpool grant program for: (a)
Public transit agencies to add vanpools or replace vans; and (b)
incentives for employers to increase employee vanpool use. The grant
program for public transit agencies will cover capital costs only;
operating costs for public transit agencies are not eligible for
funding under this grant program. Additional employees may not be
hired from the funds provided in this section for the vanpool grant
program, and supplanting of transit funds currently funding vanpools is
not allowed. The department shall encourage grant applicants and
recipients to leverage funds other than state funds. At least
$1,600,000 of this amount must be used for vanpool grants in congested
corridors.
(4) $120,000 of the multimodal transportation account -- state
appropriation is a reappropriation provided solely for a grant for a
flexible carpooling pilot project program to be administered and
monitored by the department.
(5) $3,470,000 of the regional mobility grant program account--state appropriation is reappropriated and provided solely for the
regional mobility grant projects identified on the LEAP Transportation
Document 2007-B, as developed April 20, 2007, or the LEAP
Transportation Document 2006-D, as developed March 8, 2006. The
department shall continue to review all projects receiving grant awards
under this program at least semiannually to determine whether the
projects are making satisfactory progress.
(6) $5,472,000 of the regional mobility grant program account--state appropriation is a reappropriation provided solely for the
regional mobility grant projects identified in LEAP Transportation
Document 2009-B, as developed April 24, 2009. The department shall
review all projects receiving grant awards under this program at least
semiannually to determine whether the projects are making satisfactory
progress.
(7) Funds provided for the commute trip reduction program may also
be used for the growth and transportation efficiency center program.
(8) An affected urban growth area that has not previously
implemented a commute trip reduction program is exempt from the
requirements in RCW 70.94.527 if a solution to address the state
highway deficiency that exceeds the person hours of delay threshold has
been funded and is in progress during the 2011-2013 fiscal biennium.
NEW SECTION. Sec. 220 FOR THE DEPARTMENT OF TRANSPORTATION--MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $440,640,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $101,605,000 of the Puget Sound ferry operations account -- state
appropriation is provided solely for auto ferry vessel operating fuel
in the 2011-2013 fiscal biennium.
(2) $152,000 of the Puget Sound ferry operations account--state
appropriation is provided solely to continue compliance with stormwater
permit requirements.
NEW SECTION. Sec. 221 FOR THE DEPARTMENT OF TRANSPORTATION--RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $29,657,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $300,000
TOTAL APPROPRIATION . . . . . . . . . . . . $29,957,000
The appropriations in this section are subject to the following
conditions and limitations: $24,091,000 of the multimodal
transportation account -- state appropriation is provided solely for the
Amtrak service contract and Talgo maintenance contract associated with
providing and maintaining the state-supported passenger rail service.
NEW SECTION. Sec. 222 FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS -- PROGRAM Z--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $8,727,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,294,000
NEW SECTION. Sec. 301 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $3,753,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $653,000 of the state patrol highway account -- state
appropriation is provided solely for the following minor works
projects: $200,000 for emergency infrastructure repairs; $75,000 for
water and sewer upgrades; $210,000 for emergency backup system
replacement; $85,000 for chiller replacement; and $83,000 for roof
replacements.
(2) $3,100,000 of the state patrol highway account -- state
appropriation is provided solely for the Shelton academy of the
Washington state patrol for the new waste water treatment lines, waste
water plants, water lines, and water systems.
NEW SECTION. Sec. 302 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $54,517,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $874,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $29,360,000
TOTAL APPROPRIATION . . . . . . . . . . . . $84,751,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $874,000 of the motor vehicle account -- state appropriation may
be used for county ferry projects as developed pursuant to RCW
47.56.725(4).
(2) The appropriations in this section include funding to counties
to assist them in efforts to recover from federally declared
emergencies by providing capitalization advances and local match for
federal emergency funding as determined by the county road
administration board. The county road administration board shall
specifically identify any such selected projects and shall include
information concerning such selected projects in its next annual report
to the legislature.
NEW SECTION. Sec. 303 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . $4,193,000
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $118,666,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $79,181,000
TOTAL APPROPRIATION . . . . . . . . . . . . $202,040,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The transportation improvement account -- state appropriation
includes up to $7,143,000 in proceeds from the sale of bonds authorized
in RCW 47.26.500.
(2) The urban arterial trust account -- state appropriation includes
up to $15,000,000 in proceeds from the sale of bonds authorized in RCW
47.26.420.
NEW SECTION. Sec. 304 FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $6,718,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $1,364,000 of the motor vehicle account -- state appropriation is
provided solely for the Olympic region site acquisition debt service
payments and administrative costs associated with capital improvement
and preservation project and financial management.
(2) $3,669,000 of the motor vehicle account -- state appropriation is
provided solely for high priority safety projects that are directly
linked to employee safety, environmental risk, or minor works that
prevent facility deterioration. This includes the administrative costs
associated with those projects and the reconstruction of the Wandermere
facility that was destroyed in the 2008-09 winter storms.
(3) $1,685,000 of the motor vehicle account--state appropriation is
provided solely to continue compliance with new stormwater permit
requirements mandated by the department of ecology.
NEW SECTION. Sec. 305 FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS -- PROGRAM I
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,953,002,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $47,302,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $383,496,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $50,318,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $1,020,567,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $34,703,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $433,414,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,922,802,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the entire
transportation 2003 account (nickel account) appropriation and the
entire transportation partnership account appropriation are provided
solely for the projects and activities as listed by fund, project, and
amount in TEIS Document 11GOV001 as developed December 5, 2010, Program
- Highway Improvement Program (I). However, limited transfers of
specific line-item project appropriations may occur between projects
for those amounts listed subject to the conditions and limitations in
section 602 of this act.
(2) $218,486,000 of the transportation partnership account -- state
appropriation, $140,000 of the motor vehicle account--federal
appropriation, and $1,020,567,000 of the state route number 520
corridor account -- state appropriation are provided solely for the state
route number 520 bridge replacement and HOV project.
(3) The department shall, on a quarterly basis beginning July 1,
2011, provide to the office of financial management and the legislature
reports providing the status on each active project funded in part or
whole by the transportation 2003 account (nickel account) or the
transportation partnership account. Funding provided at a programmatic
level for transportation partnership account and transportation 2003
account (nickel account) projects relating to bridge rail, guard rail,
fish passage barrier removal, and roadside safety projects should be
reported on a programmatic basis. Projects within this programmatic
level funding should be completed on a priority basis and scoped to be
completed within the current programmatic budget. Report formatting
and elements must be consistent with the October 2009 quarterly project
report. On a representative sample of new construction contracts
valued at fifteen million dollars or more, the department must also use
an earned value method of project monitoring.
(4) The transportation 2003 account (nickel account) -- state
appropriation includes up to $405,000,000 in proceeds from the sale of
bonds authorized by RCW 47.10.861.
(5) The transportation partnership account -- state appropriation
includes up to $1,625,000,000 in proceeds from the sale of bonds
authorized in RCW 47.10.873.
(6) The motor vehicle account -- state appropriation includes up to
$47,302,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(7) The state route number 520 corridor account -- state
appropriation includes up to $982,824,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879.
(8) The multimodal transportation account--state appropriation
includes up to $34,703,000 in proceeds from the sale of bonds
authorized in RCW 47.10.873.
(9) With the department's 2012 supplemental budget submittal, the
department shall provide a report that provides:
(a) The amount of state funding that has been reappropriated from
the 2009-2011 fiscal biennium into the 2011-2013 fiscal biennium; and
(b) For each project, the amount of cost savings or increases in
state funding that have been identified as compared to the 2011 enacted
budget.
(10)(a) The Columbia river crossing project finance plan must
include recognition of funding sources that include: Between
$750,000,000 and $850,000,000 in equal contributions from the states of
Washington and Oregon; $850,000,000 from federal transit administration
new starts funding; $400,000,000 from federal funding for
transportation projects of national significance; and $1,000,000,000 to
$1,500,000,000 in funding secured by tolls and supported by an
investment grade traffic and revenue analysis.
(b) Following the development of the finance plan as recommended by
the Columbia river crossing independent review panel and the submission
of the report on a bistate toll setting framework required in section
303(45), chapter 247, Laws of 2010, the department may seek
authorization from the legislature to collect tolls on the existing
Columbia river crossing or on a replacement crossing over Interstate 5.
(11) By January 2012, the department must prepare a traffic and
revenue study and finance plan for the state route number 509 project.
The study may not include tolling of existing local roadways. The
department must:
(a) Confer with the mayors, city councils, and port commissions of
jurisdictions in the vicinity of the project regarding the
implementation of tolling and the impacts that the implementation of
tolling might have on the operation of the corridor and adjacent local
streets;
(b) Conduct public work sessions and open houses to provide
information to citizens regarding implementation of tolling and to
solicit citizen views;
(c) Regularly report to the Washington state transportation
commission regarding the progress of the study for the purpose of
guiding the commission's toll setting on the project; and
(d) Provide a report to the governor and the legislature by January
2012.
(12) By January 2012, the department must prepare a traffic and
revenue study and finance plan for the state route number 167 extension
project in Pierce county. For the project, the department must:
(a) Confer with the mayors, city councils, and port commissions of
jurisdictions in the vicinity of the project regarding the
implementation of tolling and the impacts that the implementation of
tolling might have on the operation of the corridor and adjacent local
streets;
(b) Conduct public work sessions and open houses to provide
information to citizens regarding implementation of tolling and to
solicit citizen views;
(c) Regularly report to the Washington state transportation
commission regarding the progress of the study for the purpose of
guiding the commission's toll setting on the project; and
(d) Provide a report to the governor and the legislature by January
2012.
(13) Within the motor vehicle account -- state appropriation and
motor vehicle account -- federal appropriation, the department may
transfer funds between programs I and P, except for funds that are
otherwise restricted in this act.
(14) The department shall work with the department of archaeology
and historic preservation to ensure that the cultural resources
investigation is properly conducted on all mega-highway projects and
large ferry terminal projects. These projects must be conducted with
active archaeological management. Additionally, the department shall
establish a scientific peer review of independent archaeologists that
are knowledgeable about the region and its cultural resources.
NEW SECTION. Sec. 306 FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $41,288,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $97,547,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $616,630,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $16,620,000
TOTAL APPROPRIATION . . . . . . . . . . . . $772,085,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the entire
transportation 2003 account (nickel account) appropriation and the
entire transportation partnership account appropriation are provided
solely for the projects and activities as listed by fund, project, and
amount in TEIS Document 11GOV001 as developed December 5, 2010, Program
- Highway Preservation Program (P). However, limited transfers of
specific line-item project appropriations may occur between projects
for those amounts listed subject to the conditions and limitations in
section 602 of this act.
(2) With the department's 2012 supplemental budget submittal, the
department shall provide a report that provides:
(a) The amount of state funding that has been reappropriated from
the 2009-2011 fiscal biennium into the 2011-2013 fiscal biennium; and
(b) For each project, the amount of cost savings or increases in
state funding that have been identified as compared to the 2011-2013
enacted budget.
(3) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in Programs I and P.
(4) The department shall, on a quarterly basis beginning July 1,
2011, provide to the office of financial management and the legislature
reports providing the status on each active project funded in part or
whole by the transportation 2003 account (nickel account) or the
transportation partnership account. Funding provided at a programmatic
level for transportation partnership account projects relating to
seismic bridges should be reported on a programmatic basis. Projects
within this programmatic level funding should be completed on a
priority basis and scoped to be completed within the current
programmatic budget. The department shall work with the office of
financial management and the transportation committees of the
legislature to agree on report formatting and elements. Elements must
include, but not be limited to, project scope, schedule, and costs.
For new construction contracts valued at fifteen million dollars or
more, the department must also use an earned value method of project
monitoring. The department shall also provide the information required
under this subsection on a quarterly basis via the transportation
executive information systems (TEIS).
(5) The motor vehicle account--state appropriation includes up to
$10,647,000 in proceeds from the sale of bonds authorized in RCW
47.10.873.
NEW SECTION. Sec. 307 FOR THE DEPARTMENT OF TRANSPORTATION--TRAFFIC OPERATIONS -- PROGRAM Q--CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $7,039,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $5,600,000
TOTAL APPROPRIATION . . . . . . . . . . . . $12,639,000
NEW SECTION. Sec. 308 FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
Appropriation . . . . . . . . . . . . $78,527,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . $50,613,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,026,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $11,861,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $36,942,000
TOTAL APPROPRIATION . . . . . . . . . . . . $178,969,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $78,527,000 of the Puget Sound capital construction account -- state appropriation, $50,613,000 of the Puget Sound capital
construction account -- federal appropriation, $1,026,000 of the
transportation partnership account -- state appropriation, $36,942,000 of
the transportation 2003 account (nickel account) -- state appropriation,
and $11,861,000 of the multimodal transportation account -- state
appropriation are provided solely for ferry capital projects, project
support, and administration as listed in TEIS Document 11GOV001 as
developed December 5, 2010, Program - Ferries Construction Program (W).
Of the total appropriation, a maximum of $10,906,000 may be used for
administrative support, a maximum of $7,890,000 may be used for
terminal project support, and a maximum of $3,707,000 may be used for
vessel project support.
(2) The department may purchase three Kwa-di Tabil 64-car class
vessels. Two of the vessels will be delivered in the 2009-2011 fiscal
biennium and one of the vessels will be delivered in the 2011-2013
fiscal biennium. $1,537,000 of the Puget Sound capital construction
account--state appropriation, $20,906,000 of the transportation 2003
account (nickel account)--state appropriation, and $11,711,000 of the
multimodal transportation account--state appropriation are provided
solely for construction of the third vessel.
(3) $4,579,000 of the Puget Sound capital construction account -- state appropriation is provided solely for emergency capital costs.
(4) The department shall provide to the office of financial
management and the legislature quarterly reports providing the status
on each project listed in this section and in the project lists
submitted pursuant to this act and on any additional projects for which
the department has expended funds during the 2011-2013 fiscal biennium.
Elements must include, but not be limited to, project scope, schedule,
and costs. The department shall also provide the information required
under this subsection via the transportation executive information
systems (TEIS). The quarterly report regarding the status of projects
identified on the list referenced in subsection (1) of this section
must be developed according to an earned value method of project
monitoring.
(5) The department shall work with the department of archaeology
and historic preservation to ensure that the cultural resources
investigation is properly conducted on all large ferry terminal
projects. These projects must be conducted with active archaeological
management. Additionally, the department shall establish a scientific
peer review of independent archaeologists that are knowledgeable about
the region and its cultural resources.
(6) The Puget Sound capital construction account -- state
appropriation includes up to $73,855,000 in proceeds from the sale of
bonds authorized in RCW 47.10.843.
(7) The multimodal transportation account--state appropriation
includes up to $11,861,000 in proceeds from the sale of bonds
authorized in RCW 47.10.873.
NEW SECTION. Sec. 309 FOR THE DEPARTMENT OF TRANSPORTATION--RAIL -- PROGRAM Y--CAPITAL
Essential Rail Assistance Account -- State
Appropriation . . . . . . . . . . . . $1,000,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . $5,000,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $60,169,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $365,439,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,211,000
TOTAL APPROPRIATION . . . . . . . . . . . . $432,819,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed by project and amount in TEIS Document 11GOV001 as
developed December 5, 2010, Program - Rail Capital Program (Y).
(b)(i) Within the amounts provided in this section, $5,000,000 of
the transportation infrastructure account -- state appropriation is for
low-interest loans through the freight rail investment bank program.
(ii) The department shall issue the loans referenced in this
subsection (1)(b) with a repayment period of no more than ten years,
and only so much interest as is necessary to recoup the department's
costs to administer the loans.
(c) Within the amounts provided in this section, $1,750,000 of the
multimodal transportation account -- state appropriation and $1,000,000
of the essential rail assistance account -- state appropriation are for
statewide - emergent freight rail assistance projects.
(2)(a) The department shall issue a call for projects for the
freight rail investment bank program and the emergent freight rail
assistance program, and shall evaluate the applications according to
the cost benefit methodology developed during the 2008 interim using
the legislative priorities specified in (c) of this subsection. By
November 1, 2012, the department shall submit a prioritized list of
recommended projects to the office of financial management and the
transportation committees of the legislature.
(b) When the department identifies a prospective rail project that
may have strategic significance for the state, or at the request of a
proponent of a prospective rail project or a member of the legislature,
the department shall evaluate the prospective project according to the
cost benefit methodology developed during the 2008 interim using the
legislative priorities specified in (c) of this subsection. The
department shall report its cost benefit evaluation of the prospective
rail project, as well as the department's best estimate of an
appropriate construction schedule and total project costs, to the
office of financial management and the transportation committees of the
legislature.
(c) The legislative priorities to be used in the cost benefit
methodology are, in order of relative importance:
(i) Economic, safety, or environmental advantages of freight
movement by rail compared to alternative modes;
(ii) Self-sustaining economic development that creates family-wage
jobs;
(iii) Preservation of transportation corridors that would otherwise
be lost;
(iv) Increased access to efficient and cost-effective transport to
market for Washington's agricultural and industrial products;
(v) Better integration and cooperation within the regional,
national, and international systems of freight distribution; and
(vi) Mitigation of impacts of increased rail traffic on
communities.
(3) The department is directed to seek the use of unprogrammed
federal rail crossing funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in program Y.
(4) At the earliest possible date, the department shall apply, and
assist ports and local jurisdictions in applying, for any federal
funding that may be available for any projects that may qualify for
such federal funding. State projects must be (a) currently identified
on the project list referenced in subsection (1)(a) of this section or
(b) projects for which no state match is required to complete the
project. Local or port projects must not require additional state
funding in order to complete the project, with the exception of (c)
state funds currently appropriated for such project if currently
identified on the project list referenced in subsection (1)(a) of this
section or (d) potential grants awarded in the competitive grant
process for the essential rail assistance program. If the department
receives any federal funding, the department is authorized to obligate
and spend the federal funds in accordance with federal law. To the
extent permissible by federal law, federal funds may be used (e) in
addition to state funds appropriated for projects currently identified
on the project list referenced in subsection (1)(a) of this section in
order to advance funding from future biennia for such projects or (f)
in lieu of state funds; however, the state funds must be redirected
within the rail capital program to advance funding for other projects
currently identified on the project list referenced in subsection
(1)(a) of this section. State funds may be redirected only upon
consultation with the transportation committees of the legislature and
the office of financial management and approval by the director of the
office of financial management. The department shall spend the federal
funds before the state funds, and shall consult the office of financial
management and the transportation committees of the legislature
regarding project scope changes.
(5) The department shall provide quarterly reports to the office of
financial management and the transportation committees of the
legislature regarding applications that the department submits for
federal funds and the status of such applications.
(6) The department shall, on a quarterly basis, provide to the
office of financial management and the legislature reports providing
the status on active projects identified in the TEIS document described
in subsection (1)(a) of this section.
(7) $313,681,000 of the multimodal transportation account -- federal
appropriation is provided solely for high-speed rail projects awarded
to Washington state from the high-speed intercity passenger rail
program under the American recovery and reinvestment act. Funding will
allow for two additional round trips between Seattle and Portland, and
other rail improvements.
NEW SECTION. Sec. 310 FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS -- PROGRAM Z--CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal Appropriation . . . . . . . . . . . . $1,602,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . $11,947,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $4,743,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $6,291,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $31,244,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . $8,668,000
Freight Mobility Multimodal Account -- Private/Local
Appropriation . . . . . . . . . . . . $2,200,000
Passenger Ferry Account -- State Appropriation . . . . . . . . . . . . $1,115,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $13,970,000
TOTAL APPROPRIATION . . . . . . . . . . . . $81,987,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall, on a quarterly basis, provide status
reports to the legislature on the delivery of projects as outlined in
the project lists incorporated in this section. For projects funded by
new revenue in the 2003 and 2005 transportation packages, reporting
elements must include, but not be limited to, project scope, schedule,
and costs. Other projects may be reported on a programmatic basis.
The department shall also provide the information required under this
subsection on a quarterly basis via the transportation executive
information system (TEIS).
(2) $1,115,000 of the passenger ferry account -- state appropriation
is provided solely for costs of capital improvements and operating
expenses that are consistent with the business plan approved by the
governor for passenger ferry service.
(3) The department shall seek the use of unprogrammed federal rail
crossing funds to be expended in lieu of or in addition to state funds
for eligible costs of projects in local programs, program Z capital.
(4) The department shall apply for surface transportation program
(STP) enhancement funds to be expended in lieu of or in addition to
state funds for eligible costs of projects in local programs, program
Z capital.
(5) Federal funds may be transferred from program Z to programs I
and P and state funds must be transferred from programs I and P to
program Z to replace those federal funds in a dollar-for-dollar match.
Fund transfers authorized under this subsection shall not affect
project prioritization status. Appropriations must initially be
allotted as appropriated in this act. The department may not transfer
funds as authorized under this subsection without approval of the
office of financial management. The department shall submit a report
on those projects receiving fund transfers to the office of financial
management and the transportation committees of the legislature by
December 1, 2011, and December 1, 2012.
(6) $10,600,000 of the multimodal transportation account -- state
appropriation, $14,713,000 of the motor vehicle account -- federal
appropriation, and $4,323,000 of the transportation partnership
account -- state appropriation are provided solely for the pedestrian and
bicycle safety program projects and safe routes to schools program
projects identified in LEAP Transportation Document 2009-A, pedestrian
and bicycle safety program projects and safe routes to schools program
projects, as developed March 30, 2009, LEAP Transportation Document
2007-A, pedestrian and bicycle safety program projects and safe routes
to schools program projects, as developed April 20, 2007, LEAP
Transportation Document 2006-B, pedestrian and bicycle safety program
projects and safe routes to schools program projects, as developed
March 8, 2006, and projects selected by the legislature from the
priority lists of projects submitted by the department in December
2010. Projects must be allocated funding based on order of priority.
The department shall review all projects receiving grant awards under
this program at least semiannually to determine whether the projects
are making satisfactory progress. Any project that has been awarded
funds, but does not report activity on the project within one year of
the grant award must be reviewed by the department to determine whether
the grant should be terminated. The department shall promptly close
out grants when projects have been completed, and identify where unused
grant funds remain because actual project costs were lower than
estimated in the grant award.
(7) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed by project and amount in TEIS Document 11GOV001 as
developed December 5, 2010, Program - Local Program (Z).
(8) With each department budget submittal, the department shall
provide an update on the status of the repayment of the twenty million
dollars of unobligated federal funds authority advanced by the
department in September 2010 to the city of Tacoma for the Murray
Morgan/11th Street bridge project.
NEW SECTION. Sec. 401 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND
TRANSPORTATION FUND REVENUE
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $4,737,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $365,000
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $29,000
Transportation Improvement Account -- State Appropriation . . . . . . . . . . . . $15,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $2,018,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $1,004,883,000
Ferry Bond Retirement Account -- State Appropriation . . . . . . . . . . . . $31,801,000
Transportation Improvement Board Bond Retirement
Account -- State Appropriation . . . . . . . . . . . . $17,615,000
Nondebt-Limit Reimbursable Bond Retirement Account --
State Appropriation . . . . . . . . . . . . $27,507,000
Toll Facility Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $34,492,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $1,435,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,125,104,000
NEW SECTION. Sec. 402 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Transportation Partnership Account -- State Appropriation . . . . . . . . . . . . $755,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $59,000
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $3,000
Transportation Improvement Account -- State Appropriation . . . . . . . . . . . . $2,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $322,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $33,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $229,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,403,000
NEW SECTION. Sec. 403 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
MVFT BONDS AND TRANSFERS
Motor Vehicle Account--State Appropriation: For
transfer to the Puget Sound Capital Construction
Account--State . . . . . . . . . . . . $73,855,000
The transfer identified in this section is subject to the following
conditions and limitations: The department of transportation is
authorized to sell up to $73,855,000 in bonds authorized by RCW
47.10.843 for vessel and terminal acquisition, major and minor
improvements, and long lead-time materials acquisition for the
Washington state ferries.
NEW SECTION. Sec. 404 FOR THE STATE TREASURER -- STATE REVENUES
FOR DISTRIBUTION
Motor Vehicle Account -- State Appropriation: For
motor vehicle fuel tax distributions to cities
and counties . . . . . . . . . . . . $482,162,000
NEW SECTION. Sec. 405 FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account -- State Appropriation: For
motor vehicle fuel tax refunds and statutory
transfers . . . . . . . . . . . . $1,256,755,000
NEW SECTION. Sec. 406 FOR THE DEPARTMENT OF LICENSING--TRANSFERS
Motor Vehicle Account -- State Appropriation: For
motor vehicle fuel tax refunds and transfers . . . . . . . . . . . . $123,873,000
NEW SECTION. Sec. 407 FOR THE STATE TREASURER -- ADMINISTRATIVE
TRANSFERS
(1) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway Account--
State . . . . . . . . . . . . $46,000,000
(2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . $10,000,000
(3) Motor Vehicle Account--State Appropriation:
For transfer to the Special Category C Account--State . . . . . . . . . . . . $1,000,000
(4) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . $34,000,000
(5) State Route Number 520 Civil Penalties
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $754,000
(6) Multimodal Transportation Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $4,000,000
(7) Regional Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $21,000,000
(8) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,500,000
(9) Advanced Right-of-Way Revolving Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $5,000,000
(10) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $17,500,000
(11) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $3,000,000
(12) Advanced Environmental Mitigation Revolving
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State . . . . . . . . . . . . $1,000,000
(13) Tacoma Narrows Toll Bridge Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $2,008,000
(14) The transfers identified in this section are subject to the
following conditions and limitations:
(a) The transfer in subsection (5) of this section represents toll
revenue collected from toll violations.
(b) The amount transferred in subsection (8) of this section shall
not exceed the expenditures incurred from the motor vehicle account--state for the recreational vehicle sanitary disposal systems program.
The office of the state treasurer shall only transfer funds in
subsection (8) of this section up to the level provided on an as-needed
basis.
NEW SECTION. Sec. 501 COMPENSATION--REVISE PENSION CONTRIBUTION
RATES
The appropriations for state agencies are subject to the following
conditions and limitations: Appropriations are adjusted to reflect
changes to agency appropriations to reflect savings resulting from
changes to pension plans under chapter . . . (House Bill No. . . . .),
Laws of 2011 and chapter . . . (Senate Bill No. . . . .), Laws of 2011.
NEW SECTION. Sec. 502 SALARY ADJUSTMENT
Various Other Accounts Appropriation . . . . . . . . . . . . ($17,954,000)
The appropriation in this section must be expended solely for the
purposes designated in this section and is subject to the following
conditions and limitations:
(1) The appropriation in this section is provided solely for a
three percent salary reduction effective July 1, 2011, through June 30,
2013, for all employees of the executive, legislative, and judicial
branches, including employees in the Washington management service and
employees exempt from merit system rules, except for:
(a) Elected officials whose salaries are set by the commission on
salaries for elected officials;
(b) Student employees at state institutions of higher education;
(c) Faculty employees at state institutions of higher education,
provided that appropriations to higher education institutions are
reduced in an amount reflecting a three percent reduction in faculty
salary expenditures;
(d) Certificated employees of the state school for the blind and
the center for childhood deafness and hearing loss;
(e) Commissioned officers of the Washington state patrol
represented by the state patrol troopers' association and the
Washington state patrol lieutenants' association;
(f) Represented ferry workers of the Washington state department of
transportation, provided that other reductions are included in section
504 of this act;
(g) Employees whose salary is less than $2,500 per month; and
(h) Employees as specified in subsection (3) of this section.
(2) For employees subject to the three percent reduction in salary
under subsection (1) of this section, employees will receive temporary
salary reduction leave of up to 5.2 hours per month. The director of
personnel shall adopt rules governing the accrual and use of temporary
salary reduction leave.
(3) The appropriation also reflects a three percent cost saving in
expenditures as specified in section 505 of this act.
(4) The department of retirement systems shall include any forgone
salary or lost work hours under subsections (1) and (3) of this section
in the final average compensation of employees affected for purposes of
calculating retirement benefits, as specified in executive request
legislation, chapter . . . (House Bill No. ....), Laws of 2011 and
chapter . . . (Senate Bill No. ....), Laws of 2011.
(5) The appropriation from dedicated funds and accounts must be
made in the amounts specified and from the dedicated funds and accounts
specified in OFM Document 2011-01, which is incorporated by reference.
The office of financial management shall allocate the moneys
appropriated in this section in the amounts specified and to the state
agencies specified in OFM Document 2011-01 and adjust appropriation
schedules accordingly.
NEW SECTION. Sec. 503 COLLECTIVE BARGAINING AGREEMENTS
Provisions or terms and conditions of collective bargaining
agreements contained in this act are described in general terms. The
collective bargaining agreements or terms and conditions contained in
sections 501, 502, and 503 through 510 of this act may also be funded
by expenditures from nonappropriated accounts. If positions are funded
with lidded grants or dedicated fund sources with insufficient revenue,
additional funding from other sources is not provided.
NEW SECTION. Sec. 504 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS/TERMS AND CONDITIONS
Appropriations in this act reflect funding to maintain the
provisions or terms and conditions of the 2009-2011 agreements for
fiscal year 2012. Fiscal year 2013 appropriations are reduced to
reflect management priorities in collective bargaining.
NEW SECTION. Sec. 505 GENERAL GOVERNMENT COLLECTIVE BARGAINING
AGREEMENTS
Agreements have been reached between the governor and the
Washington federation of state employees and the international
federation of professional and technical engineers local 17 under
chapter 41.80 RCW for the 2011-2013 fiscal biennium subject to union
internal processes/procedures. Funding is reduced to reflect a three
percent temporary salary reduction for all employees making $2,500 or
more per month covered under the agreements for fiscal years 2012 and
2013 through June 29, 2013. Effective June 30, 2013, the salary
schedules effective July 1, 2009, through June 30, 2011, will be
reinstated. Temporary salary reduction leave is granted for the term
of the 2011-2013 agreement.
NEW SECTION. Sec. 506 COLLECTIVE BARGAINING AGREEMENT--WSP
TROOPERS ASSOCIATION
No agreement has been reached between the governor and the
Washington state patrol trooper's association under chapter 41.56 RCW
for the 2011-2013 fiscal biennium. Appropriations for the Washington
state patrol in this act are sufficient to fund the provisions of the
2009-2011 agreement.
NEW SECTION. Sec. 507 COLLECTIVE BARGAINING AGREEMENTS--WSP
LIEUTENANTS ASSOCIATION
No agreement has been reached between the governor and the
Washington state patrol lieutenant's association under chapter 41.56
RCW for the 2011-2013 fiscal biennium. Appropriations for the
Washington state patrol in this act are sufficient to fund the
provisions of the 2009-2011 agreement.
NEW SECTION. Sec. 508 COMPENSATION--NONREPRESENTED EMPLOYEES--INSURANCE BENEFITS
Appropriations in this act for state agencies are sufficient to
fund nonrepresented state employee health benefits for state agencies
and are subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan shall not exceed $850 per eligible employee for
fiscal year 2012. For fiscal year 2013, the monthly employer funding
rate shall not exceed $850 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any or all
of the following: Employee premium copayments; increases in point-of-service cost sharing; the implementation of managed competition; or
make other changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments, into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts shall not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2012 and 2013, the subsidy shall be
$150.00 per month.
NEW SECTION. Sec. 509 COMPENSATION--REPRESENTED EMPLOYEES
OUTSIDE SUPER COALITION--INSURANCE BENEFITS
Appropriations in this act for state agencies are sufficient to
fund health benefits for represented state employees outside the super
coalition on health benefits and are subject to the following
conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan shall not exceed $850 per eligible employee for
fiscal year 2012. For fiscal year 2013, the monthly employer funding
rate shall not exceed $850 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any or all
of the following: Employee premium copayments; increases in point-of-service cost sharing; the implementation of managed competition; or
make other changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments, into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts shall not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2012 and 2013, the subsidy shall be
$150.00 per month.
NEW SECTION. Sec. 510 COMPENSATION--REPRESENTED EMPLOYEES--SUPER COALITION--INSURANCE BENEFITS
The collective bargaining agreement negotiated with the super
coalition under chapter 41.80 RCW includes employer premiums at eighty-five percent of the total weighted average of the projected health care
premiums across all plans and tiers. Appropriations in this act for
state agencies are sufficient to fund state employees health benefits
for employees represented by the super coalition on health benefits and
are subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan shall not exceed $850 per eligible employee for
fiscal year 2012. For fiscal year 2013, the monthly employer funding
rate shall not exceed $850 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any or all
of the following: Employee premium copayments; increases in point-of-service cost sharing; the implementation of managed competition; or
make other changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments, into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts shall not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2012 and 2013, the subsidy shall be
$150.00 per month.
NEW SECTION. Sec. 601 FOR THE DEPARTMENT OF TRANSPORTATION
By July 1, 2011, the department shall provide a report to the
legislature and the office of financial management that:
(1) Compares the original project cost estimates approved in the
2003 and 2005 project lists to the completed cost of the project, or
the most recent legislatively approved budget and total project costs
for projects not yet completed;
(2) Identifies highway projects that may be reduced in scope and
still achieve a functional benefit;
(3) Identifies highway projects that have experienced scope
increases and that can be reduced in scope;
(4) Identifies highway projects that have lost significant local or
regional contributions that were essential to completing the project;
and
(5) Identifies contingency amounts allocated to projects.
NEW SECTION. Sec. 602 FUND TRANSFERS
(1) The transportation 2003 projects or improvements and the 2005
transportation partnership projects or improvements are listed in TEIS
Document 11GOV001 as developed December 5, 2010, which consists of a
list of specific projects by fund source and amount over a ten-year
period. Current fiscal biennium funding for each project is a line
item appropriation, while the outer year funding allocations represent
a ten-year plan. The department is expected to use the flexibility
provided in this section to assist in the delivery and completion of
all transportation partnership account and transportation 2003 (nickel)
account projects on the LEAP lists referenced in this act. For the
2011-13 project appropriations, unless otherwise provided in this act,
the director of financial management may authorize a transfer of
appropriation authority between projects funded with transportation
2003 account (nickel account) appropriations or transportation
partnership account appropriations, in order to manage project spending
and efficiently deliver all projects in the respective program under
the following conditions and limitations:
(a) Transfers may only be made within each specific fund source
referenced on the respective project list;
(b) Transfers from a project may not be made as a result of the
reduction of the scope of a project, nor shall a transfer be made to
support increases in the scope of a project;
(c) Each transfer between projects may only occur if the director
of financial management finds that any resulting change will not hinder
the completion of the projects as approved by the legislature. Until
the legislature reconvenes to consider the 2012 supplemental budget,
any unexpended 2011-13 appropriation balance as approved by the office
of financial management, in consultation with the legislative staff of
the house of representatives and senate transportation committees, may
be considered when transferring funds between projects;
(d) Transfers from a project may be made if the funds appropriated
to the project are in excess of the amount needed to complete the
project;
(e) Transfers may not occur to projects not identified on the
applicable project list, except for those projects that were expected
to be completed in the 2011-2013 fiscal biennium;
(f) Transfers may not be made while the legislature is in session;
and
(g) Transfers between projects may be made by the department of
transportation until the transfer amount by project exceeds two hundred
fifty thousand dollars, or ten percent of the project, whichever is
less. These transfers must be reported quarterly to the director of
financial management and the chairs of the house of representatives and
senate transportation committees.
(2) At the time the department submits a request to transfer funds
under this section, a copy of the request must be submitted to the
transportation committees of the legislature.
(3) The office of financial management shall work with legislative
staff of the house of representatives and senate transportation
committees to review the requested transfers.
(4) The office of financial management shall document approved
transfers and/or schedule changes in the transportation executive
information system (TEIS), compare changes to the legislative baseline
funding and schedules identified by project identification number
identified in the LEAP lists adopted in this act, and transmit revised
project lists to chairs of the transportation committees of the
legislature on a quarterly basis
NEW SECTION. Sec. 603 (1) As the department of transportation
completes delivery of the projects funded by the 2003 and 2005
transportation revenue packages, it is clear that the current staffing
levels necessary to deliver these projects are not sustainable into the
future. Therefore, the department is directed to quickly move forward
to develop and implement new business practices so that a smaller, more
nimble state workforce can effectively and efficiently deliver
transportation improvement programs as they are approved in the future,
in strong partnership with the private sector, while protecting the
public's interests and assets.
(2) To this end, the department is directed to reduce the size of
its engineering and technical workforce to a level sustained by current
law revenue levels. The department's current two thousand eight
hundred FTE engineering and technical workforce levels for highway
construction must be reduced in the 2011-2013 fiscal biennium to two
thousand six hundred FTEs, with a target of reducing these workforce
levels to two thousand four hundred FTEs by June 30, 2013. The
department's engineering and technical workforce levels for highway
construction must be further reduced to two thousand two hundred FTEs
for the 2013-2015 fiscal biennium, with a target of reducing these
workforce levels to two thousand FTEs by June 30, 2015.
(3) In order to meet these targets and to continue to successfully
deliver the highway construction program, the department may contract
out engineering and technical services. In addition, the department
may continue the incentive program for retirements and employee
separations. The department shall report to the office of financial
management by November 2011 on its progress and plans to reduce highway
construction workforce levels to two thousand FTEs by June 2015.
NEW SECTION. Sec. 604 To the extent that any appropriation
authorizes expenditures of state funds from the motor vehicle account,
special category C account, Tacoma Narrows toll bridge account,
transportation 2003 account (nickel account), transportation
partnership account, transportation improvement account, Puget Sound
capital construction account, multimodal transportation account, state
route number 520 corridor account, or other transportation capital
project accounts in the state treasury for a state transportation
program that is specified to be funded with proceeds from the sale of
bonds authorized in chapter 47.10 RCW, the legislature declares that
any such expenditures made prior to the issue date of the applicable
transportation bonds for that state transportation program are intended
to be reimbursed from proceeds of those transportation bonds in a
maximum amount equal to the amount of such appropriation.
NEW SECTION. Sec. 605 For the 2011-2013 fiscal biennium, the
department of transportation may enter into a distributor controlled
fuel hedging program. On July 1, 2011, no more than ninety percent of
the gallons of diesel fuel budgeted for fiscal year 2012 and fifty
percent of the gallons of diesel fuel budgeted for fiscal year 2013 may
be hedged. On July 1, 2012, no more than ninety percent of the gallons
of diesel fuel budgeted for fiscal year 2013 may be hedged.
Sec. 701 RCW 43.19.642 and 2010 c 247 s 701 are each amended to
read as follows:
(1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection
agency for on-highway diesel fuel, agencies shall use biodiesel as an
additive to ultra-low sulfur diesel for lubricity, provided that the
use of a lubricity additive is warranted and that the use of biodiesel
is comparable in performance and cost with other available lubricity
additives. The amount of biodiesel added to the ultra-low sulfur
diesel fuel shall be not less than two percent.
(2) Effective June 1, 2009, state agencies are required to use a
minimum of twenty percent biodiesel as compared to total volume of all
diesel purchases made by the agencies for the operation of the
agencies' diesel-powered vessels, vehicles, and construction equipment.
(3) All state agencies using biodiesel fuel shall, beginning on
July 1, 2006, file biannual reports with the department of general
administration documenting the use of the fuel and a description of how
any problems encountered were resolved.
(4) For the 2009-2011 fiscal biennium, all fuel purchased by the
Washington state ferries at Harbor Island for the operation of the
Washington state ferries diesel powered vessels must be a minimum of
five percent biodiesel blend so long as the per gallon price of diesel
containing a five percent biodiesel blend level does not exceed the per
gallon price of diesel by more than five percent. If the per gallon
price of diesel containing a five percent biodiesel blend level exceeds
the per gallon price of diesel by more than five percent, the
requirements of this section do not apply to vessel fuel purchases by
the Washington state ferries.
(5) ((By December 1, 2009, the department of general administration
shall:)) For the 2011-2013 fiscal
biennium, the Washington state ferries must use a minimum of five
percent biodiesel as compared to total volume of all diesel purchases
for the operation of the Washington state ferries' diesel powered
vessels.
(a) Report to the legislature on the average true price
differential for biodiesel by blend and location; and
(b) Examine alternative fuel procurement methods that work to
address potential market barriers for in-state biodiesel producers and
report these findings to the legislature.
Sec. 702 RCW 47.56.876 and 2010 c 248 s 5 are each amended to
read as follows:
(1) A special account to be known as the state route number 520
civil penalties account is created in the state treasury. All state
route number 520 bridge replacement and HOV program civil penalties
generated from the nonpayment of tolls on the state route number 520
corridor must be deposited into the account, as provided under RCW
47.56.870(4)(b)(vii). Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used to fund any
project within the state route number 520 bridge replacement and HOV
program, including mitigation. During the 2011-2013 fiscal biennium,
the legislature may transfer from the state route number 520 civil
penalties account to the state route number 520 corridor account such
amounts as reflect the excess fund balance of the state route number
520 civil penalties account.
(2) This section is contingent on the enactment by June 30, 2010,
of either chapter 249, Laws of 2010 or chapter . . . (Substitute House
Bill No. 2897), Laws of 2010, but if the enacted bill does not
designate the department as the toll penalty adjudicating agency, this
section is null and void.
Sec. 703 RCW 46.68.320 and 2010 c 247 s 702 are each amended to
read as follows:
(1) The regional mobility grant program account is hereby created
in the state treasury. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used only for the
grants provided under RCW 47.66.030.
(2) Beginning with September 2007, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the regional
mobility grant program account five million dollars.
(3) Beginning with September 2015, by the last day of September,
December, March, and June of each year, the state treasurer shall
transfer from the multimodal transportation account to the regional
mobility grant program account six million two hundred fifty thousand
dollars.
(4) During the 2009-2011 and 2011-2013 fiscal ((biennium)) biennia,
the legislature may transfer from the regional mobility grant program
account to the multimodal transportation account such amounts as
reflect the excess fund balance of the regional mobility grant program
account.
Sec. 704 RCW 46.68.170 and 2009 c 470 s 701 are each amended to
read as follows:
There is hereby created in the motor vehicle fund the RV account.
All moneys hereafter deposited in said account shall be used by the
department of transportation for the construction, maintenance, and
operation of recreational vehicle sanitary disposal systems at safety
rest areas in accordance with the department's highway system plan as
prescribed in chapter 47.06 RCW. During the ((2007-2009 and))
2009-2011 and 2011-2013 fiscal biennia, the legislature may transfer
from the RV account to the motor vehicle fund such amounts as reflect
the excess fund balance of the RV account to accomplish the purposes
identified in this section.
Sec. 705 RCW 47.12.244 and 2009 c 470 s 709 are each amended to
read as follows:
There is created the "advance right-of-way revolving fund" in the
custody of the treasurer, into which the department is authorized to
deposit directly and expend without appropriation:
(1) An initial deposit of ten million dollars from the motor
vehicle fund included in the department of transportation's 1991-93
budget;
(2) All moneys received by the department as rental income from
real properties that are not subject to federal aid reimbursement,
except moneys received from rental of capital facilities properties as
defined in chapter 47.13 RCW; and
(3) Any federal moneys available for acquisition of right-of-way
for future construction under the provisions of section 108 of Title
23, United States Code.
During the ((2007-2009 and)) 2009-2011 and 2011-2013 fiscal
biennia, the legislature may transfer from the advance right-of-way
revolving fund to the motor vehicle account amounts as reflect the
excess fund balance of the advance right-of-way revolving fund.
Sec. 706 RCW 46.68.060 and 2009 c 470 s 711 are each amended to
read as follows:
There is hereby created in the state treasury a fund to be known as
the highway safety fund to the credit of which shall be deposited all
moneys directed by law to be deposited therein. This fund shall be
used for carrying out the provisions of law relating to driver
licensing, driver improvement, financial responsibility, cost of
furnishing abstracts of driving records and maintaining such case
records, and to carry out the purposes set forth in RCW 43.59.010.
During the ((2007-2009 and)) 2009-2011 and 2011-2013 fiscal biennia,
the legislature may transfer from the highway safety fund to the motor
vehicle fund and the multimodal transportation account such amounts as
reflect the excess fund balance of the highway safety fund. During the
2011-2013 fiscal biennium, the legislature may transfer from the
highway safety fund to the motor vehicle fund such amounts as reflect
the excess fund balance of the highway safety fund.
Sec. 707 RCW 46.16.685 and 2009 c 470 s 704 are each amended to
read as follows:
The license plate technology account is created in the state
treasury. All receipts collected under RCW 46.01.140(4)(e)(ii) must be
deposited into this account. Expenditures from this account must
support current and future license plate technology and systems
integration upgrades for both the department and correctional
industries. Moneys in the account may be spent only after
appropriation. Additionally, the moneys in this account may be used to
reimburse the motor vehicle account for any appropriation made to
implement the digital license plate system. During the ((2007-2009
and)) 2009-2011 and 2011-2013 fiscal biennia, the legislature may
transfer from the license plate technology account to the highway
safety account such amounts as reflect the excess fund balance of the
license plate technology account.
Sec. 708 RCW 46.68.370 and 2010 c 161 s 818 are each amended to
read as follows:
The license plate technology account is created in the state
treasury. All receipts collected under RCW 46.17.015 must be deposited
into this account. Expenditures from this account must support current
and future license plate technology and systems integration upgrades
for both the department and correctional industries. Moneys in the
account may be spent only after appropriation. Additionally, the
moneys in this account may be used to reimburse the motor vehicle
account for any appropriation made to implement the digital license
plate system. During the 2009-2011 and 2011-2013 fiscal ((biennium))
biennia, the legislature may transfer from the license plate technology
account to the highway safety account such amounts as reflect the
excess fund balance of the license plate technology account.
Sec. 709 RCW 47.12.340 and 2010 c 247 s 703 are each amended to
read as follows:
The advanced environmental mitigation revolving account is created
in the custody of the treasurer, into which the department shall
deposit directly and may expend without appropriation:
(1) An initial appropriation included in the department of
transportation's 1997-99 budget, and deposits from other identified
sources;
(2) All moneys received by the department from internal and
external sources for the purposes of conducting advanced environmental
mitigation; and
(3) Interest gained from the management of the advanced
environmental mitigation revolving account.
(4) During the 2009-2011 and 2011-2013 fiscal ((biennium)) biennia,
the legislature may transfer from the advanced environmental mitigation
revolving account to the motor vehicle account such amounts as reflect
the excess fund balance of the advanced environmental mitigation
revolving account.
Sec. 710 RCW 41.80.010 and 2010 c 104 s 1 are each amended to
read as follows:
(1) For the purpose of negotiating collective bargaining agreements
under this chapter, the employer shall be represented by the governor
or governor's designee, except as provided for institutions of higher
education in subsection (4) of this section.
(2)(a) If an exclusive bargaining representative represents more
than one bargaining unit, the exclusive bargaining representative shall
negotiate with each employer representative as designated in subsection
(1) of this section one master collective bargaining agreement on
behalf of all the employees in bargaining units that the exclusive
bargaining representative represents. For those exclusive bargaining
representatives who represent fewer than a total of five hundred
employees each, negotiation shall be by a coalition of all those
exclusive bargaining representatives. The coalition shall bargain for
a master collective bargaining agreement covering all of the employees
represented by the coalition. The governor's designee and the
exclusive bargaining representative or representatives are authorized
to enter into supplemental bargaining of agency-specific issues for
inclusion in or as an addendum to the master collective bargaining
agreement, subject to the parties' agreement regarding the issues and
procedures for supplemental bargaining. This section does not prohibit
cooperation and coordination of bargaining between two or more
exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining
representatives who represent employees of institutions of higher
education, except when the institution of higher education has elected
to exercise its option under subsection (4) of this section to have its
negotiations conducted by the governor or governor's designee under the
procedures provided for general government agencies in subsections (1)
through (3) of this section.
(c) If five hundred or more employees of an independent state
elected official listed in RCW 43.01.010 are organized in a bargaining
unit or bargaining units under RCW 41.80.070, the official shall be
consulted by the governor or the governor's designee before any
agreement is reached under (a) of this subsection concerning
supplemental bargaining of agency specific issues affecting the
employees in such bargaining unit.
(3) Except as provided in subsection (8) of this section, the
governor shall submit a request for funds necessary to implement the
compensation and fringe benefit provisions in the master collective
bargaining agreement or for legislation necessary to implement the
agreement. Requests for funds necessary to implement the provisions of
bargaining agreements shall not be submitted to the legislature by the
governor unless such requests:
(a) Have been submitted to the director of the office of financial
management by October 1 prior to the legislative session at which the
requests are to be considered; and
(b) Have been certified by the director of the office of financial
management as being feasible financially for the state.
The legislature shall approve or reject the submission of the
request for funds as a whole. The legislature shall not consider a
request for funds to implement a collective bargaining agreement unless
the request is transmitted to the legislature as part of the governor's
budget document submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either party may
reopen all or part of the agreement or the exclusive bargaining
representative may seek to implement the procedures provided for in RCW
41.80.090.
(4)(a)(i) For the purpose of negotiating agreements for
institutions of higher education, the employer shall be the respective
governing board of each of the universities, colleges, or community
colleges or a designee chosen by the board to negotiate on its behalf.
(ii) A governing board of a university or college may elect to have
its negotiations conducted by the governor or governor's designee under
the procedures provided for general government agencies in subsections
(1) through (3) of this section, except that:
(A) The governor or the governor's designee and an exclusive
bargaining representative shall negotiate one master collective
bargaining agreement for all of the bargaining units of employees of a
university or college that the representative represents; or
(B) If the parties mutually agree, the governor or the governor's
designee and an exclusive bargaining representative shall negotiate one
master collective bargaining agreement for all of the bargaining units
of employees of more than one university or college that the
representative represents.
(iii) A governing board of a community college may elect to have
its negotiations conducted by the governor or governor's designee under
the procedures provided for general government agencies in subsections
(1) through (3) of this section.
(b) Prior to entering into negotiations under this chapter, the
institutions of higher education or their designees shall consult with
the director of the office of financial management regarding financial
and budgetary issues that are likely to arise in the impending
negotiations.
(c)(i) If appropriations are necessary to implement the
compensation and fringe benefit provisions of the bargaining agreements
reached between institutions of higher education and exclusive
bargaining representatives agreed to under the provisions of this
chapter, the governor shall submit a request for such funds to the
legislature according to the provisions of subsection (3) of this
section, except as provided in (c)(ii) of this subsection.
(ii) In the case of a bargaining unit of employees of institutions
of higher education in which the exclusive bargaining representative is
certified during or after the conclusion of a legislative session, the
legislature may act upon the compensation and fringe benefit provisions
of the unit's initial collective bargaining agreement if those
provisions are agreed upon and submitted to the office of financial
management and legislative budget committees before final legislative
action on the biennial or supplemental operating budget by the sitting
legislature.
(5) There is hereby created a joint committee on employment
relations, which consists of two members with leadership positions in
the house of representatives, representing each of the two largest
caucuses; the chair and ranking minority member of the house
appropriations committee, or its successor, representing each of the
two largest caucuses; two members with leadership positions in the
senate, representing each of the two largest caucuses; and the chair
and ranking minority member of the senate ways and means committee, or
its successor, representing each of the two largest caucuses. The
governor shall periodically consult with the committee regarding
appropriations necessary to implement the compensation and fringe
benefit provisions in the master collective bargaining agreements, and
upon completion of negotiations, advise the committee on the elements
of the agreements and on any legislation necessary to implement the
agreements.
(6) If, after the compensation and fringe benefit provisions of an
agreement are approved by the legislature, a significant revenue
shortfall occurs resulting in reduced appropriations, as declared by
proclamation of the governor or by resolution of the legislature, both
parties shall immediately enter into collective bargaining for a
mutually agreed upon modification of the agreement.
(7) After the expiration date of a collective bargaining agreement
negotiated under this chapter, all of the terms and conditions
specified in the collective bargaining agreement remain in effect until
the effective date of a subsequently negotiated agreement, not to
exceed one year from the expiration date stated in the agreement.
Thereafter, the employer may unilaterally implement according to law.
(8) For the collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, the governor may request funds necessary to
implement the terms and conditions of an agreement submitted to the
office of financial management after October 1st if that agreement is
determined to be feasible financially to the state by the director of
the office of financial management. For the 2011-2013 fiscal biennium,
a collective bargaining agreement related to employee health care
benefits negotiated between the employer and coalition pursuant to RCW
41.80.020(3) regarding the dollar amount expended on behalf of each
employee must be a separate agreement for which the governor may
request funds necessary to implement the agreement. If such an
agreement is negotiated and funded by the legislature, this agreement
will supersede any terms and conditions of an expired 2009-2011
biennial master collective bargaining agreement under this chapter
regarding health care benefits.
Sec. 711 RCW 41.80.020 and 2010 c 283 s 16 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, the matters
subject to bargaining include wages, hours, and other terms and
conditions of employment, and the negotiation of any question arising
under a collective bargaining agreement.
(2) The employer is not required to bargain over matters pertaining
to:
(a) Health care benefits or other employee insurance benefits,
except as required in subsection (3) of this section;
(b) Any retirement system or retirement benefit; or
(c) Rules of the director of personnel or the Washington personnel
resources board adopted under section 203, chapter 354, Laws of 2002.
(3) Matters subject to bargaining include the number of names to be
certified for vacancies, promotional preferences, and the dollar amount
expended on behalf of each employee for health care benefits. However,
except as provided otherwise in this subsection for institutions of
higher education, negotiations regarding the number of names to be
certified for vacancies, promotional preferences, and the dollar amount
expended on behalf of each employee for health care benefits shall be
conducted between the employer and one coalition of all the exclusive
bargaining representatives subject to this chapter. The exclusive
bargaining representatives for employees that are subject to chapter
47.64 RCW shall bargain the dollar amount expended on behalf of each
employee for health care benefits with the employer as part of the
coalition under this subsection. Any such provision agreed to by the
employer and the coalition shall be included in all master collective
bargaining agreements negotiated by the parties. For institutions of
higher education, promotional preferences and the number of names to be
certified for vacancies shall be bargained under the provisions of RCW
41.80.010(4). For agreements covering the 2011-2013 fiscal biennium,
any agreement between the employer and the coalition regarding the
dollar amount expended on behalf of each employee for health care
benefits is a separate agreement and shall not be included in the
master collective bargaining agreements negotiated by the parties.
(4) The employer and the exclusive bargaining representative shall
not agree to any proposal that would prevent the implementation of
approved affirmative action plans or that would be inconsistent with
the comparable worth agreement that provided the basis for the salary
changes implemented beginning with the 1983-1985 biennium to achieve
comparable worth.
(5) The employer and the exclusive bargaining representative shall
not bargain over matters pertaining to management rights established in
RCW 41.80.040.
(6) Except as otherwise provided in this chapter, if a conflict
exists between an executive order, administrative rule, or agency
policy relating to wages, hours, and terms and conditions of employment
and a collective bargaining agreement negotiated under this chapter,
the collective bargaining agreement shall prevail. A provision of a
collective bargaining agreement that conflicts with the terms of a
statute is invalid and unenforceable.
(7) This section does not prohibit bargaining that affects
contracts authorized by RCW 41.06.142.
Sec. 712 RCW 47.64.170 and 2010 c 283 s 11 are each amended to
read as follows:
(1) Any ferry employee organization certified as the bargaining
representative shall be the exclusive representative of all ferry
employees in the bargaining unit and shall represent all such employees
fairly.
(2) A ferry employee organization or organizations and the governor
may each designate any individual as its representative to engage in
collective bargaining negotiations.
(3) Negotiating sessions, including strategy meetings of the
employer or employee organizations, mediation, and the deliberative
process of arbitrators are exempt from the provisions of chapter 42.30
RCW. Hearings conducted by arbitrators may be open to the public by
mutual consent of the parties.
(4) Terms of any collective bargaining agreement may be enforced by
civil action in Thurston county superior court upon the initiative of
either party.
(5) Ferry system employees or any employee organization shall not
negotiate or attempt to negotiate directly with anyone other than the
person who has been appointed or authorized a bargaining representative
for the purpose of bargaining with the ferry employees or their
representative.
(6)(a) Within ten working days after the first Monday in September
of every odd-numbered year, the parties shall attempt to agree on an
interest arbitrator to be used if the parties are not successful in
negotiating a comprehensive collective bargaining agreement. If the
parties cannot agree on an arbitrator within the ten-day period, either
party may request a list of seven arbitrators from the federal
mediation and conciliation service. The parties shall select an
interest arbitrator using the coin toss/alternate strike method within
thirty calendar days of receipt of the list. Immediately upon
selecting an interest arbitrator, the parties shall cooperate to
reserve dates with the arbitrator for potential arbitration between
August 1st and September 15th of the following even-numbered year. The
parties shall also prepare a schedule of at least five negotiation
dates for the following year, absent an agreement to the contrary. The
parties shall execute a written agreement before November 1st of each
odd-numbered year setting forth the name of the arbitrator and the
dates reserved for bargaining and arbitration. This subsection (6)(a)
imposes minimum obligations only and is not intended to define or limit
a party's full, good faith bargaining obligation under other sections
of this chapter.
(b) The negotiation of a proposed collective bargaining agreement
by representatives of the employer and a ferry employee organization
shall commence on or about February 1st of every even-numbered year.
(c) For negotiations covering the 2009-2011 biennium and subsequent
biennia, the time periods specified in this section, and in RCW
47.64.210 and 47.64.300 through 47.64.320, must ensure conclusion of
all agreements on or before October 1st of the even-numbered year next
preceding the biennial budget period during which the agreement should
take effect. These time periods may only be altered by mutual
agreement of the parties in writing. Any such agreement and any
impasse procedures agreed to by the parties under RCW 47.64.200 must
include an agreement regarding the new time periods that will allow
final resolution by negotiations or arbitration by October 1st of each
even-numbered year.
(7) It is the intent of this section that the collective bargaining
agreement or arbitrator's award shall commence on July 1st of each odd-numbered year and shall terminate on June 30th of the next odd-numbered
year to coincide with the ensuing biennial budget year, as defined by
RCW 43.88.020(7), to the extent practical. It is further the intent of
this section that all collective bargaining agreements be concluded by
October 1st of the even-numbered year before the commencement of the
biennial budget year during which the agreements are to be in effect.
After the expiration date of a collective bargaining agreement
negotiated under this chapter, all of the terms and conditions
specified in the collective bargaining agreement remain in effect until
the effective date of a subsequently negotiated agreement, not to
exceed one year from the expiration date stated in the agreement.
Thereafter, the employer may unilaterally implement according to law.
(8) The office of financial management shall conduct a salary
survey, for use in collective bargaining and arbitration, which must be
conducted through a contract with a firm nationally recognized in the
field of human resources management consulting.
(9) Except as provided in subsection (10) of this section:
(a) The governor shall submit a request either for funds necessary
to implement the collective bargaining agreements including, but not
limited to, the compensation and fringe benefit provisions or for
legislation necessary to implement the agreement, or both. Requests
for funds necessary to implement the collective bargaining agreements
shall not be submitted to the legislature by the governor unless such
requests:
(i) Have been submitted to the director of the office of financial
management by October 1st before the legislative session at which the
requests are to be considered; and
(ii) Have been certified by the director of the office of financial
management as being feasible financially for the state.
(b) The governor shall submit a request either for funds necessary
to implement the arbitration awards or for legislation necessary to
implement the arbitration awards, or both. Requests for funds
necessary to implement the arbitration awards shall not be submitted to
the legislature by the governor unless such requests:
(i) Have been submitted to the director of the office of financial
management by October 1st before the legislative session at which the
requests are to be considered; and
(ii) Have been certified by the director of the office of financial
management as being feasible financially for the state.
(c) The legislature shall approve or reject the submission of the
request for funds necessary to implement the collective bargaining
agreements or arbitration awards as a whole for each agreement or
award. The legislature shall not consider a request for funds to
implement a collective bargaining agreement or arbitration award unless
the request is transmitted to the legislature as part of the governor's
budget document submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either party may
reopen all or part of the agreement and award or the exclusive
bargaining representative may seek to implement the procedures provided
for in RCW 47.64.210 and 47.64.300.
(10) For the collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, the governor may request funds necessary to
implement the terms and conditions of an agreement submitted to the
office of financial management after October 1st if that agreement is
determined to be feasible financially to the state by the director of
the office of financial management. For the 2011-2013 fiscal biennium,
a collective bargaining agreement related to employee health care
benefits negotiated between the employer and coalition pursuant to RCW
41.80.020(3) regarding the dollar amount expended on behalf of each
employee must be a separate agreement for which the governor may
request funds necessary to implement the agreement. If such an
agreement is negotiated and funded by the legislature, this agreement
will supersede any terms and conditions of an expired 2009-2011
biennial master collective bargaining agreement under this chapter
regarding health care benefits.
(11) If, after the compensation and fringe benefit provisions of an
agreement are approved by the legislature, a significant revenue
shortfall occurs resulting in reduced appropriations, as declared by
proclamation of the governor or by resolution of the legislature, both
parties shall immediately enter into collective bargaining for a
mutually agreed upon modification of the agreement.
Sec. 713 RCW 47.64.270 and 2010 c 283 s 13 are each amended to
read as follows:
(1) The employer and one coalition of all the exclusive bargaining
representatives subject to this chapter and chapter 41.80 RCW shall
conduct negotiations regarding the dollar amount expended on behalf of
each employee for health care benefits. For agreements covering the
2011-2013 fiscal biennium, any agreement between the employer and the
coalition regarding the dollar amount expended on behalf of each
employee for health care benefits is a separate agreement and shall not
be included in the master collective bargaining agreements negotiated
by the parties.
(2) Absent a collective bargaining agreement to the contrary, the
department of transportation shall provide contributions to insurance
and health care plans for ferry system employees and dependents, as
determined by the state health care authority, under chapter 41.05 RCW.
(3) The employer and employee organizations may collectively
bargain for insurance plans other than health care benefits, and
employer contributions may exceed that of other state agencies as
provided in RCW 41.05.050.
NEW SECTION. Sec.801 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. 802 Section 707 of this act expires July 1,
2011.
NEW SECTION. Sec. 803 Section 708 of this act takes effect July
1, 2011.
NEW SECTION. Sec. 804 Except for section 708 of this act, 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.