BILL REQ. #:  Z-0449.1 



_____________________________________________ 

SENATE BILL 5176
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State of Washington62nd Legislature2011 Regular Session

By Senators Haugen, King, White, and Shin; by request of Governor Gregoire

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:

2011-2013 FISCAL BIENNIUM

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.

GENERAL GOVERNMENT AGENCIES -- OPERATING

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.

TRANSPORTATION AGENCIES -- OPERATING

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

TRANSPORTATION AGENCIES--CAPITAL

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.

TRANSFERS AND DISTRIBUTIONS

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.

COMPENSATION

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.

IMPLEMENTING PROVISIONS

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.

MISCELLANEOUS 2011-2013 FISCAL BIENNIUM

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:
     (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.
)) 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.

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.

MISCELLANEOUS

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.

(End of bill)



     INDEX       PAGE #


COLLECTIVE BARGAINING AGREEMENT
     WSP LIEUTENANTS ASSOCIATION . . . . . . . . . . . . 38
     WSP TROOPERS ASSOCIATION . . . . . . . . . . . . 38
COLLECTIVE BARGAINING AGREEMENTS . . . . . . . . . . . . 37
COMPENSATION
     NONREPRESENTED EMPLOYEES--INSURANCE BENEFITS . . . . . . . . . . . . 38
     REPRESENTED EMPLOYEES OUTSIDE SUPER COALITION--INSURANCE BENEFITS . . . . . . . . . . . . 39
     REPRESENTED EMPLOYEES--SUPER COALITION--INSURANCE BENEFITS . . . . . . . . . . . . 40
     REVISE PENSION CONTRIBUTION RATES . . . . . . . . . . . . 35
COUNTY ROAD ADMINISTRATION BOARD . . . . . . . . . . . . 5, 19
DEPARTMENT OF AGRICULTURE . . . . . . . . . . . . 3
DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION . . . . . . . . . . . . 2
DEPARTMENT OF CONSERVATION AND RECREATION . . . . . . . . . . . . 3
DEPARTMENT OF ENTERPRISE SERVICES . . . . . . . . . . . . 4
DEPARTMENT OF LICENSING . . . . . . . . . . . . 7
     TRANSFERS . . . . . . . . . . . . 34
DEPARTMENT OF NATURAL RESOURCES . . . . . . . . . . . . 4
DEPARTMENT OF TRANSPORTATION . . . . . . . . . . . . 41
     AVIATION -- PROGRAM F . . . . . . . . . . . . 9
     CHARGES FROM OTHER AGENCIES -- PROGRAM U . . . . . . . . . . . . 14
     ECONOMIC PARTNERSHIPS -- PROGRAM K . . . . . . . . . . . . 10
     FACILITIES -- PROGRAM D--OPERATING . . . . . . . . . . . . 9
     HIGHWAY MAINTENANCE -- PROGRAM M . . . . . . . . . . . . 11
     IMPROVEMENTS -- PROGRAM I . . . . . . . . . . . . 20
     INFORMATION TECHNOLOGY -- PROGRAM C . . . . . . . . . . . . 8
     LOCAL PROGRAMS -- PROGRAM Z--CAPITAL . . . . . . . . . . . . 30
     LOCAL PROGRAMS -- PROGRAM Z--OPERATING . . . . . . . . . . . . 18
     MARINE DIVISION COLLECTIVE BARGAINING . . . . . . . . . . . . 37
     MARINE -- PROGRAM X . . . . . . . . . . . . 18
     PRESERVATION -- PROGRAM P . . . . . . . . . . . . 24
     PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)--CAPITAL . . . . . . . . . . . . 20
     PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H . . . . . . . . . . . . 10
     PUBLIC TRANSPORTATION -- PROGRAM V . . . . . . . . . . . . 15
     RAIL -- PROGRAM Y--CAPITAL . . . . . . . . . . . . 27
     RAIL -- PROGRAM Y--OPERATING . . . . . . . . . . . . 18
     TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B . . . . . . . . . . . . 7
     TRAFFIC OPERATIONS -- PROGRAM Q--CAPITAL . . . . . . . . . . . . 25
     TRAFFIC OPERATIONS -- PROGRAM Q--OPERATING . . . . . . . . . . . . 12
     TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S . . . . . . . . . . . . 13
     TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T . . . . . . . . . . . . 14
     WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W . . . . . . . . . . . . 25
FUND TRANSFERS . . . . . . . . . . . . 41
GENERAL GOVERNMENT COLLECTIVE BARGAINING . . . . . . . . . . . . 37
JOINT TRANSPORTATION COMMITTEE . . . . . . . . . . . . 5
LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE . . . . . . . . . . . . 3
MARINE EMPLOYEES COMMISSION . . . . . . . . . . . . 3
OFFICE OF FINANCIAL MANAGEMENT . . . . . . . . . . . . 3
SALARY ADJUSTMENT . . . . . . . . . . . . 36
STATE PARKS AND RECREATION COMMISSION . . . . . . . . . . . . 3
STATE TREASURER
     ADMINISTRATIVE TRANSFERS . . . . . . . . . . . . 34
     BOND RETIREMENT AND INTEREST . . . . . . . . . . . . 32, 33
     STATE REVENUES FOR DISTRIBUTION . . . . . . . . . . . . 34
     TRANSFERS . . . . . . . . . . . . 34
TRANSPORTATION COMMISSION . . . . . . . . . . . . 5
TRANSPORTATION IMPROVEMENT BOARD . . . . . . . . . . . . 5, 19
UTILITIES AND TRANSPORTATION COMMISSION . . . . . . . . . . . . 2
WASHINGTON STATE PATROL . . . . . . . . . . . . 6, 18
WASHINGTON TRAFFIC SAFETY COMMISSION . . . . . . . . . . . . 4

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