| Passed by the House April 22, 2011 Yeas 87 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 20, 2011 Yeas 39 BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1175 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
| Approved May 16, 2011, 3:27 p.m., with
the exception of Sections 103(3),
103(4), 204(2), 205(3), 208(11), 210(4),
210(6), 221(3), 221(4), 221(7), 221(8),
221(9), 221(18), 305(6), 306(4), 308(6),
308(10), 308(12), 610, 706, 714, 722,
and 817. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 17, 2011 Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 03/24/11.
AN ACT Relating to transportation funding and appropriations; amending RCW 47.29.170, 46.63.170, 46.63.160, 43.19.642, 43.19.534, 47.01.380, 47.56.403, 43.105.330, 47.64.170, 47.64.270, 47.64.280, 46.68.170, 46.68.370, 47.12.244, 46.68.060, 46.68.220, 47.56.876, and 46.68.---; reenacting and amending RCW 46.18.060 and 47.28.030; amending 2010 c 247 ss 205, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 307, 308, 401, 402, and 403 (uncodified); amending 2009 c 470 ss 301 and 305 (uncodified); amending 2010 c 283 s 19 (uncodified); amending 2010 1st sp.s. c 37 s 804 (uncodified); adding a new section to 2010 c 247 (uncodified); creating new sections; repealing 2010 c 161 s 1126; making appropriations and authorizing expenditures for capital improvements; providing an effective date; providing a contingent effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The transportation budget of the state
is hereby adopted and, subject to the provisions set forth, the several
amounts specified, or as much thereof as may be necessary to accomplish
the purposes designated, are hereby appropriated from the several
accounts and funds named to the designated state agencies and offices
for employee compensation and other expenses, for capital projects, and
for other specified purposes, including the payment of any final
judgments arising out of such activities, for the period ending June
30, 2013.
(2) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this act.
(a) "Fiscal year 2012" or "FY 2012" means the fiscal year ending
June 30, 2012.
(b) "Fiscal year 2013" or "FY 2013" means the fiscal year ending
June 30, 2013.
(c) "FTE" means full-time equivalent.
(d) "Lapse" or "revert" means the amount shall return to an
unappropriated status.
(e) "Provided solely" means the specified amount may be spent only
for the specified purpose. Unless otherwise specifically authorized in
this act, any portion of an amount provided solely for a specified
purpose that is not expended subject to the specified conditions and
limitations to fulfill the specified purpose shall lapse.
(f) "Reappropriation" means appropriation and, unless the context
clearly provides otherwise, is subject to the relevant conditions and
limitations applicable to appropriations.
(g) "LEAP" means the legislative evaluation and accountability
program committee.
NEW SECTION. Sec. 101 FOR THE DEPARTMENT OF ARCHAEOLOGY AND
HISTORIC PRESERVATION
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $430,000
The appropriation in this section is subject to the following
conditions and limitations: The entire appropriation is provided
solely for staffing costs to be dedicated to state transportation
activities. Staff hired to support transportation activities must have
practical experience with complex construction projects.
NEW
SECTION. Sec. 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 . . . . . . . . . . . . $2,216,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $4,624,000
TOTAL APPROPRIATION . . . . . . . . . . . . $6,840,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The office of financial management, in consultation with the
transportation committees of the legislature, shall conduct a budget
evaluation study for the new traffic management center proposed by the
department of transportation. The study must consider data resulting
from the plan identified in section 604 of this act. The budget
evaluation study team approach using value engineering techniques must
be utilized by the office of financial management in conducting the
study. The office of financial management shall select the budget
evaluation study team members, contract for the study, and report the
results to the transportation committees of the legislature and the
department of transportation in a timely manner following the study.
Options reviewed must include use of existing facilities, including the
Wheeler building data center in Olympia. Funds allocated for the new
traffic management center must be used by the office of financial
management through an interagency agreement with the department of
transportation to cover the cost of the study.
(2) $4,480,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for marine insurance. The
appropriation is intended to fully fund a two-year policy, and the
office of financial management shall increase the deductible to
$10,000,000 and reduce components of the policy in order to keep the
total cost of the two-year policy at or below the appropriation in this
subsection.
(3) The office of financial management shall review the department
of transportation's predesign requirements for Washington state ferry
vessel and terminal projects and modify the requirements such that the
requirements continue to meet legal mandates without placing an undue
burden on the department.
(4) The office of financial management shall provide to the
transportation committees of the legislature, on a quarterly basis, a
listing of all demands to bargain with respect to ferry labor relations
and the issue that gave rise to the demand to bargain.
(5) $840,000 of the motor vehicle account--state appropriation is
provided out of funds set aside out of statewide fuel taxes distributed
to counties according to RCW 46.68.120(3) solely for the office of
financial management to contract with the Washington state association
of counties to identify, evaluate, and implement performance measures
associated with county transportation activities. The performance
measures must include, at a minimum, those related to safety, system
preservation, mobility, environmental protection, and project
completion. A report on the county transportation performance
implementation project must be provided to the transportation
committees of the legislature by December 31, 2012.
(6) $169,000 of the motor vehicle account--state appropriation is
provided solely for the office of regulatory assistance integrated
permitting project.
(7) $40,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the state's share of the marine
salary survey.
(8) The office of financial management shall study the available
data regarding statewide transit, bicycle, and pedestrian trips and
recommend additional performance measures that will effectively measure
the state's performance in increasing transit ridership and bicycle and
pedestrian trips. The office of financial management shall report its
findings and recommendations to the transportation committees of the
legislature by November 15, 2011, and integrate the new performance
measures into the report prepared by the office of financial management
pursuant to RCW 47.04.280 regarding progress towards achieving
Washington state's transportation system policy goals.
*Sec. 103 was partially vetoed. See message at end of chapter.
NEW SECTION. Sec. 104 FOR THE STATE PARKS AND RECREATION
COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $986,000
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.
NEW SECTION. Sec. 105 FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,210,000
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) $686,000 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. 106 FOR THE LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $513,000
NEW SECTION. Sec. 201 FOR THE WASHINGTON TRAFFIC SAFETY
COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $3,003,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $42,625,000
Highway Safety Account--Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $3,340,000
TOTAL APPROPRIATION . . . . . . . . . . . . $49,018,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,673,900 of the highway safety account--federal appropriation
is provided solely for the conclusion of the target zero trooper pilot
program, which the commission has developed and implemented in
collaboration with the Washington state patrol. The pilot program must
continue to demonstrate the effectiveness of intense, high visibility,
driving under the influence enforcement in Washington. The commission
shall continue to apply to the national highway traffic safety
administration for federal highway safety grants to cover the cost of
the pilot program.
(2) The commission may oversee pilot projects implementing the use
of automated traffic safety cameras to detect speed violations within
cities west of the Cascade mountains that have a population over one
hundred ninety-five thousand. For the purposes of pilot projects in
this subsection, no more than one automated traffic safety camera may
be used to detect speed violations within any one jurisdiction.
(a) The commission shall comply with RCW 46.63.170 in administering
the pilot projects.
(b) In order to ensure adequate time in the 2011-2013 fiscal
biennium to evaluate the effectiveness of the pilot projects, any
projects authorized by the commission must be authorized by December
31, 2011.
(c) By January 1, 2013, the commission shall provide a report to
the legislature regarding the use, public acceptance, outcomes, and
other relevant issues regarding automated traffic safety cameras
demonstrated by the pilot projects.
(3) $460,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed Second
Substitute House Bill No. 1789), Laws of 2011 (addressing DUI
accountability). If chapter ... (Engrossed Second Substitute House
Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the
amount provided in this subsection lapses.
(4) The commission shall conduct a review of the literature on
potential safety benefits realized from drivers using their headlights
and windshield wipers simultaneously and shall report to the
transportation committees of the legislature by December 1, 2011.
(5) $22,000,000 of the highway safety account--federal
appropriation is provided solely for federal funds that may be
obligated to the commission pursuant to 23 U.S.C. Sec. 164 during the
2011-2013 fiscal biennium.
NEW SECTION. Sec. 202 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $948,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,161,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $1,480,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,589,000
The appropriations in this section are subject to the following
conditions and limitations: The county road administration board shall
submit a report to the transportation committees of the legislature by
December 1, 2011, on the implementation of the recommendations that
resulted from the evaluation of efficiencies in the delivery of
transportation funding and services to local governments that was
required under section 204(8), chapter 247, Laws of 2010. The report
must include a description of how recommendations were implemented,
what efficiencies were achieved, and an explanation of any
recommendations that were not implemented.
NEW SECTION. Sec. 203 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $3,707,000
The appropriation in this section is subject to the following
conditions and limitations: The transportation improvement board shall
submit a report to the transportation committees of the legislature by
December 1, 2011, on the implementation of the recommendations that
resulted from the evaluation of efficiencies in the delivery of
transportation funding and services to local governments that was
required under section 204(8), chapter 247, Laws of 2010. The report
must include a description of how recommendations were implemented,
what efficiencies were achieved, and an explanation of any
recommendations that were not implemented.
*NEW SECTION. Sec. 204 FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,060,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $200,000 of the motor vehicle account--state appropriation is
for a study of Washington state ferries fares that recommends the most
appropriate fare media for use with the reservation system and the
implementation of demand management pricing and interoperability with
other payment methods. The study must include direct collaboration
with transportation commission members.
(2) $150,000 of the motor vehicle account--state appropriation is
for a study of the management organization structure at the Washington
state ferries. The study results must make recommendations on changes
to the organizational structure that will result in more efficient
operations and a more balanced management organization structure scaled
to the workforce.
(3) $200,000 of the motor vehicle account--state appropriation is
from the cities statewide fuel tax distributions under RCW 46.68.110(2)
for the joint transportation committee to study and make
recommendations on RCW 90.03.525. The study must include: (a) An
inventory of state highways subject to the federal clean water act (40
C.F.R. Parts 122 through 124) (national pollutant discharge elimination
system) that are within city boundaries; (b) a survey of cities that
impose storm water fees or charges to the department of transportation,
or otherwise manage storm water runoff from state highways within their
jurisdiction; (c) case studies from a representative cross-section of
cities on how the department and cities have used RCW 90.03.525; and
(d) recommendations on how to achieve efficiencies in the cost and
management of state highway storm water runoff within cities under RCW
90.03.525.
(4) $425,000 of the motor vehicle account--state appropriation is
for the joint transportation committee to conduct a study to evaluate
the potential for financing state transportation projects using public-private partnerships. The study must compare the costs, advantages,
and disadvantages of various forms of public-private partnerships with
conventional financing. Projects to be evaluated include Interstate
405, state route number 509, state route number 167, the Columbia River
crossing, and the Monroe bypass. At a minimum, the study must identify
the public interest in the financing and construction of transportation
projects, the public interest in the operation of transportation
projects, and the provisions in public-private partnership agreements
that best protect the public interest. To the extent possible, the
study must identify the lowest-cost and best-value model for each
project that best protects the public interest. In addition, the study
must evaluate whether public-private partnerships serve the defined
public interest including, but not limited to, the advantage and
disadvantage of risk allocation, the effects of private versus public
financing on the state's bonding capacity, the state's ability to
retain public ownership of the asset, the process that would allow for
the most transparency during the negotiation of terms of a public-private partnership agreement, and the state's ability to oversee the
private entity's management of the asset. The study must identify any
barriers to the implementation of funding models that best protect the
public interest, including statutory and constitutional barriers. The
committee shall issue a report of its evaluation to the house of
representatives and senate transportation committees by December 16,
2011.
(5) $100,000 of the motor vehicle account--state appropriation is
for an investigation of the use of liquid natural gas on existing
Washington state ferry vessels as well as the 144-car class vessels and
report to the legislature by December 31, 2011.
*Sec. 204 was partially vetoed. See message at end of chapter.
*NEW SECTION. Sec. 205 FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,142,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,254,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Consistent with RCW 43.135.055, 47.60.290, and 47.60.315,
during the 2011-2013 fiscal biennium, the legislature authorizes the
transportation commission to periodically review and, if necessary,
adjust the schedule of fares for the Washington state ferry system only
in amounts not greater than those sufficient to generate the amount of
revenue required by the biennial transportation budget. When adjusting
ferry fares, the commission must consider input from affected ferry
users by public hearing and by review with the affected ferry advisory
committees, in addition to the data gathered from the current ferry
user survey.
(2) Consistent with RCW 43.135.055 and 47.46.100, during the
2011-2013 fiscal biennium, the legislature authorizes the
transportation commission to periodically review and, if necessary,
adjust the schedule of toll charges applicable to the Tacoma Narrows
bridge only in amounts not greater than those sufficient to support (a)
any required costs for operating and maintaining the toll bridge,
including the cost of insurance, (b) any amount required by law to meet
the redemption of bonds and applicable interest payments, and (c)
repayment of the motor vehicle fund.
(3) The total appropriation provided in this section includes
funding to conduct a survey to gather data on users of the statewide
transportation system, including the state ferry system, as required
under chapter ... (Substitute Senate Bill No. 5128), Laws of 2011
(statewide transportation planning). However, if chapter ...
(Substitute Senate Bill No. 5128), Laws of 2011 is not enacted by June
30, 2011, $169,000 of the motor vehicle account--state appropriation
lapses.
(4) Consistent with its authority in RCW 47.56.840, the
transportation commission shall consider the need for a citizen
advisory group that provides oversight on new tolled facilities.
*Sec. 205 was partially vetoed. See message at end of chapter.
NEW SECTION. Sec. 206 FOR THE FREIGHT MOBILITY STRATEGIC
INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $702,000
The appropriation in this section is subject to the following
conditions and limitations: The freight mobility strategic investment
board shall submit a report to the transportation committees of the
legislature by December 1, 2011, on the implementation of the
recommendations that resulted from the evaluation of efficiencies in
the delivery of transportation funding and services to local
governments that was required under section 204(8), chapter 247, Laws
of 2010. The report must include a description of how recommendations
were implemented, what efficiencies were achieved, and an explanation
of any recommendations that were not implemented.
NEW SECTION. Sec. 207 FOR THE WASHINGTON STATE PATROL
Vehicle Licensing Fraud Account--State Appropriation . . . . . . . . . . . . $100,000
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . $349,812,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $10,903,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $3,369,000
TOTAL APPROPRIATION . . . . . . . . . . . . $364,184,000
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 since the aviation
section is no longer part of the Washington state patrol cost
allocation system as of July 1, 2009.
(2) The Washington state patrol shall continue to collaborate with
the Washington traffic safety commission on the target zero trooper
pilot program referenced in section 201(1) of this act.
(3) $370,000 of the state patrol highway account--state
appropriation is provided solely for costs associated with the pilot
program described under section 216(5) of this act. The Washington
state patrol may incur costs related only to the assignment of cadets
and necessary computer equipment and to the reimbursement of the
Washington state department of transportation for contract costs. The
appropriation in this subsection must be funded from the portion of the
automated traffic safety camera fines deposited into the state patrol
highway account; however, if the fines deposited into the state patrol
highway account from automated traffic safety camera infractions do not
reach three hundred seventy thousand dollars, the department of
transportation shall remit funds necessary to the Washington state
patrol to ensure the completion of the pilot program. The Washington
state patrol may not incur overtime as a result of this pilot program.
The Washington state patrol shall not assign troopers to operate or
deploy the pilot program equipment used in the roadway construction
zones.
(4) $12,655,000 of the total appropriation is provided solely for
automobile fuel in the 2011-2013 fiscal biennium. The Washington state
patrol shall analyze their fuel consumption and submit a report to the
legislative transportation committees by December 31, 2011, on fuel
conservation methods that could be used to minimize costs and ensure
that the Washington state patrol is managing fuel consumption
effectively.
(5) $7,421,000 of the total appropriation is provided solely for
the purchase of pursuit vehicles.
(6) $6,611,000 of the total appropriation is provided solely for
vehicle repair and maintenance costs of vehicles used for highway
purposes.
(7) $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.
(8) $1,200,000 of the total appropriation is provided solely for
outfitting officers. The Washington state patrol shall prepare a cost-benefit analysis of the standard trooper uniform as compared to a
battle dress uniform and uniforms used by other states and
jurisdictions. The Washington state patrol shall report the results of
the analysis to the transportation committees of the legislature by
December 1, 2011.
(9) The Washington state 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.
(10) During the 2011-2013 fiscal biennium, the Washington state
patrol shall continue to perform traffic accident investigations on
Thurston county roads, and shall work with Thurston county to
transition the traffic accident investigations on Thurston county roads
to Thurston county by July 1, 2013.
(11) $100,000 of the vehicle licensing fraud account--state
appropriation is provided solely to support the transportation portion
of the vehicle license fraud program during the 2011-2013 fiscal
biennium.
*NEW SECTION. Sec. 208 FOR THE DEPARTMENT OF
LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . $4,411,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . $859,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $149,904,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $2,884,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $78,586,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,721,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $242,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $5,815,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . $1,315,000
TOTAL APPROPRIATION . . . . . . . . . . . . $245,769,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $62,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed
Substitute Senate Bill No. 5251), Laws of 2011 (electric vehicle fee).
If chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of
2011 is not enacted by June 30, 2011, the amount provided in this
subsection lapses.
(2) $231,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter ... (Substitute
Senate Bill No. 5800), Laws of 2011 (off-road motorcycles). If chapter
... (Substitute Senate Bill No. 5800), Laws of 2011 is not enacted by
June 30, 2011, the amount provided in this subsection lapses.
(3) $193,000 of the department of licensing services account--state
appropriation is provided solely for a phased implementation of chapter
... (Substitute House Bill No. 1046), Laws of 2011 (vehicle and vessel
quick titles). Funding is contingent upon revenues associated with the
vehicle and vessel quick title program paying all direct and indirect
expenditures associated with the department's implementation of this
subsection. If chapter ... (Substitute House Bill No. 1046), Laws of
2011 is not enacted by June 30, 2011, the amount provided in this
subsection lapses.
(4) The department may seek federal funds to implement a driver's
license and identicard biometric matching system pilot program to
verify the identity of applicants for, and holders of, drivers'
licenses and identicards if applicants are provided the opportunity to
opt out of participating in the program, which meets the requirement of
RCW 46.20.037 that such a program be voluntary. If funds are received,
the department shall report any benefits or problems identified during
the course of the pilot program to the transportation committees of the
legislature upon the completion of the program.
(5) $1,938,000 of the highway safety account--federal appropriation
is for 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.
(6) By December 31, 2011, the department shall submit to the office
of financial management and the transportation committees of the
legislature draft legislation that rewrites the tow truck statutes
(chapter 46.55 RCW) in plain language and is revenue and policy
neutral.
(7) $128,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed
Substitute House Bill No. 1635), Laws of 2011 (driver's license exams).
If chapter ... (Engrossed Substitute House Bill No. 1635), Laws of 2011
is not enacted by June 30, 2011, the amount provided in this subsection
lapses.
(8) $68,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Engrossed Second
Substitute House Bill No. 1789), Laws of 2011 (driving under the
influence). If chapter ... (Engrossed Second Substitute House Bill No.
1789), Laws of 2011 is not enacted by June 30, 2011, the amount
provided in this subsection lapses.
(9) $63,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter ... (Substitute House
Bill No. 1237), Laws of 2011 (selective service system). If chapter
... (Substitute House Bill No. 1237), Laws of 2011 is not enacted by
June 30, 2011, the amount provided in this subsection lapses.
(10) $340,000 of the motor vehicle account--private/local
appropriation is provided solely for the implementation of chapter ...
(Engrossed Substitute Senate Bill No. 5457), Laws of 2011 (congestion
reduction charge). If chapter ... (Engrossed Substitute Senate Bill
No. 5457), Laws of 2011 is not enacted by June 30, 2011, the amount
provided in this subsection lapses.
(11) $648,000 of the motor vehicle account--federal appropriation
is provided solely for the implementation of chapter ... (House Bill
No. 1229), Laws of 2011 (commercial drivers' licenses). If chapter ...
(House Bill No. 1229), Laws of 2011 is not enacted by June 30, 2011,
the amount provided in this subsection lapses.
(12) $1,738,000 of the department of licensing services account--state appropriation is provided solely for purchasing equipment for
field licensing service offices and subagent offices.
*Sec. 208 was partially vetoed. See message at end of chapter.
NEW SECTION. Sec. 209 FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . $1,295,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $550,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . $23,429,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $27,295,000
State Route Number 520 Civil Penalties
Account--State Appropriation . . . . . . . . . . . . $4,622,000
TOTAL APPROPRIATION . . . . . . . . . . . . $57,191,000
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 toll revenue by facility on all
operating toll facilities and high occupancy toll lane systems, and an
itemized depiction of the use of that revenue.
(2) $4,622,000 of the state route number 520 civil penalties
account--state appropriation and $1,458,000 of the Tacoma Narrows toll
bridge account--state appropriation are provided solely for
expenditures related to the toll adjudication process. 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; the cost and effectiveness of debt collection
activities; and revenues generated from notices of civil penalty.
(3) It is the intent of the legislature that transitioning to a
statewide tolling operations center and preparing for all-electronic
tolling on certain toll facilities will have no adverse revenue or
expenditure impact on the Tacoma Narrows toll bridge account. Any
increased costs related to this transition shall not be allocated to
the Tacoma Narrows toll bridge account. All costs associated with the
toll adjudication process are anticipated to be covered by revenue
collected from the toll adjudication process.
(4) The department shall ensure that, at no cost to the Tacoma
Narrows toll bridge account, new electronic tolling tag readers are
installed on the Tacoma Narrows bridge as soon as practicable that are
able to read existing and new electronic tolling tags.
(5) $17,786,000 of the state route number 520 corridor account--state appropriation is provided solely for nonvendor costs associated
with tolling the state route number 520 bridge. Funds from the state
route number 520 corridor account--state appropriation shall not be
used to pay for items prohibited by Executive Order No. 1057, including
subscriptions to technical publications, employee educational expenses,
professional membership dues and fees, employee recognition and safety
awards, meeting meals and light refreshments, commute trip reduction
incentives, and employee travel.
*NEW SECTION. Sec. 210 FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $69,107,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $1,460,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $1,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . $72,390,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall consult with the office of financial
management and the department of information services to: (a) Ensure
that the department's current and future 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) $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.
(3) $210,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(4) Beginning December 1, 2011, and on a quarterly basis
thereafter, the department shall report to the office of financial
management and the transportation committees of the legislature on the
status of the development and integration of the time, leave, and labor
distribution system identified in section 601 of this act. The first
report must include a detailed work plan for the development and
integration of the system, including timelines and budget milestones.
At a minimum, the ensuing reports must indicate the status of the work
as it compares to the work plan, any discrepancies, and proposed
adjustments necessary to bring the project back on schedule or budget
if necessary. It is the intent of the legislature that the state
auditor will provide advice based on the auditor's technical knowledge
and expertise in the implementation and acquisition of the time, leave,
and labor distribution system. It is further the intent of the
legislature that if any portion of the system is leveraged in the
future for the time, leave, and labor distribution of any other
agencies, the motor vehicle account will be reimbursed proportionally
for the development of the system since the funds from the motor
vehicle account must be used exclusively for highway purposes in
conformance with Article II, section 40 of the state Constitution.
This
must be accomplished through a loan arrangement with the current
interest rate under the terms set by the office of the state treasurer
at the time the system is deployed to additional agencies. If the
motor vehicle account is not reimbursed for future use of the system,
it is the intent of the legislature that reductions will be made to
central service agency charges accordingly.
(5) $502,000 of the motor vehicle account--state appropriation is
provided solely to provide support for the transportation executive
information system.
(6) If chapter ... (Substitute House Bill No. 1720), Laws of 2011
(department of enterprise services) is enacted, the department shall
work with the department of enterprise services to:
(a) Make enhancements to the 511 traveler information system to
provide a more timely and user friendly format; and
(b) Develop or purchase software that would allow public
transportation users to enter in their start and end locations using a
computer or mobile device to determine the public transportation
options available to them.
*Sec. 210 was partially vetoed. See message at end of chapter.
NEW SECTION. Sec. 211 FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $25,851,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The department shall submit a predesign proposal for a new
traffic management center to the office of financial management
consistent with the process followed by nontransportation capital
construction projects. The department shall not award a contract for
construction of a new traffic management center until the predesign
proposal has been submitted and the office of financial management has
completed a budget evaluation study that indicates a new building is
the recommended option for accommodating additional traffic management
operations.
(2) $850,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
NEW SECTION. Sec.212 FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . $6,066,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . $8,216,000
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 runway
preservation projects.
NEW SECTION. Sec. 213 FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $47,418,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,168,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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. 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.
(2) $3,754,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(3) It is the intent of the legislature that the real estate
services division of the department will recover the cost of its
efforts from future sale proceeds.
(4) The legislature recognizes that the Dryden pit site (WSDOT
Inventory Control (IC) No. 2-04-00103) is unused state-owned real
property under the jurisdiction of the department of transportation,
and that the public would benefit significantly from the complete
enjoyment of the natural scenic beauty and recreational opportunities
available at the site. Therefore, pursuant to RCW 47.12.080, the
legislature declares that transferring the property to the department
of fish and wildlife for recreational use and fish and wildlife
restoration efforts is consistent with the public interest in order to
preserve the area for the use of the public and the betterment of the
natural environment. The department of transportation shall work with
the department of fish and wildlife, and shall transfer and convey the
Dryden pit site to the department of fish and wildlife as is for an
adjusted fair market value reflecting site conditions, the proceeds of
which must be deposited in the motor vehicle fund. The department of
transportation is not responsible for any costs associated with the
cleanup or transfer of this property. By July 1, 2011, and annually
thereafter until the entire Dryden pit property has been transferred,
the department shall submit a status report regarding the transaction
to the chairs of the legislative transportation committees.
NEW SECTION. Sec. 214 FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $622,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $110,000
TOTAL APPROPRIATION . . . . . . . . . . . . $732,000
The appropriations in this section are subject to the following
conditions and limitations: The department shall conduct a study on
the potential to generate revenue from off-premise outdoor advertising
signs that are erected or maintained adjacent and visible to the
interstate system highways, primary system highways, or scenic system
highways. The study must provide an evaluation of the market for
outdoor advertising signs, including an evaluation of the number of
potential advertisers and the amount charged by other jurisdictions for
sign permits, and must provide a recommendation for a revised fee
structure that recognizes the market value for off-premise signs and
considers charging differential fees based on the size, type, and
location of the sign.
NEW SECTION. Sec. 215 FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $380,327,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $387,327,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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 appropriation
into unallotted status. This exchange shall not affect the amount of
funding available for snow and ice removal.
(2) $7,000,000 of the motor vehicle account--state appropriation is
provided solely for third-party damages to the highway system where the
responsible party is known and reimbursement is anticipated. The
department shall request additional appropriation authority for any
funds received for reimbursements of third-party damages that are in
excess of this appropriation.
(3) $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.
(4) The department may work with the department of corrections to
utilize corrections crews for the purposes of litter pickup on state
highways.
(5) $4,530,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(6) The department shall continue to report maintenance
accountability process (MAP) targets and achievements on an annual
basis. The department shall use available funding to target and
deliver a minimum MAP grade of C for the activity of roadway striping.
(7) $6,884,000 of the motor vehicle account--state appropriation is
provided solely for the high priority maintenance backlog. Addressing
the maintenance backlog must result in increased levels of service. If
chapter . . . (Engrossed Substitute Senate Bill No. 5251), Laws of 2011
(electric vehicle fee) is not enacted by June 30, 2011, $500,000 of the
appropriation provided in this subsection lapses.
(8) $317,000 of the motor vehicle account--state appropriation is
provided solely for maintaining a new active traffic management system
on Interstate 5, Interstate 90, and state route number 520. The
department shall track the costs associated with these systems on a
corridor basis and report to the transportation committees of the
legislature on the costs and benefits of the systems by December 1,
2011.
NEW SECTION. Sec. 216 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $50,166,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $127,000
TOTAL APPROPRIATION . . . . . . . . . . . . $52,343,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $6,000,000 of the motor vehicle account--state appropriation is
provided solely for low-cost enhancements. The department shall give
priority to low-cost enhancement projects that improve safety or
provide congestion relief. The department shall prioritize low-cost
enhancement projects on a statewide rather than regional basis. By
September 1st of each even-numbered year, the department shall provide
a report to the legislature listing all low-cost enhancement projects
prioritized on a statewide rather than regional basis completed in the
prior year.
(2) $145,000 of the motor vehicle account--state appropriation is
provided solely for the department to continue a pilot tow truck
incentive program and to expand the program to other areas of the
state. The department may provide incentive payments to towing
companies that meet clearance goals on accidents that involve heavy
trucks.
(3) During the 2011-2013 fiscal biennium, the department shall
implement a pilot program that expands private transportation
providers' access to high occupancy vehicle lanes. Under the pilot
program, when the department reserves a portion of a highway based on
the number of passengers in a vehicle, the following vehicles must be
authorized to use the reserved portion of the highway if the vehicle
has the capacity to carry eight or more passengers, regardless of the
number of passengers in the vehicle: (a) Auto transportation company
vehicles regulated under chapter 81.68 RCW; (b) passenger charter
carrier vehicles regulated under chapter 81.70 RCW, except marked or
unmarked stretch limousines and stretch sport utility vehicles as
defined under department of licensing rules; (c) private nonprofit
transportation provider vehicles regulated under chapter 81.66 RCW; and
(d) private employer transportation service vehicles. For purposes of
this subsection, "private employer transportation service" means
regularly scheduled, fixed-route transportation service that is offered
by an employer for the benefit of its employees. By June 30, 2013, the
department shall report to the transportation committees of the
legislature on whether private transportation provider use of high
occupancy vehicle lanes under the pilot program reduces the speeds of
high occupancy vehicle lanes. Nothing in this subsection is intended
to authorize the conversion of public infrastructure to private, for-profit purposes or to otherwise create an entitlement or other claim by
private users to public infrastructure. If chapter ... (Substitute
Senate Bill No. 5836), Laws of 2011 is enacted by June 30, 2011, this
subsection is null and void.
(4) $9,000,000 of the motor vehicle account--state appropriation is
provided solely for the department's incident response program.
(5) The department, in consultation with the Washington state
patrol, must 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. The department must
report to the joint transportation committee by January 1, 2012, and
January 1, 2013, on the status of this pilot program. 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 may be present or 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 (5) 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 automated traffic infraction
notice issued, along with instructions for its completion and use.
(6) The department shall track the costs associated with active
traffic management systems on a corridor basis and report to the
transportation committees of the legislature on the cost and benefits
of the systems by December 1, 2011.
NEW SECTION. Sec. 217 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $28,430,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . $29,433,000
The appropriations in this section are subject to the following
conditions and limitations: The department shall utilize existing
resources and customer service staff to develop and implement new
policies and procedures to ensure compliance with new federal passenger
vessel Americans with disabilities act requirements.
NEW SECTION. Sec. 218 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $23,394,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $21,885,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $662,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $3,559,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $49,600,000
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) $200,000 of the motor vehicle account--state appropriation is
provided solely for extending the freight database pilot project that
began in 2009. Global positioning system (GPS) data is intended to
help guide freight investment decisions and track highway project
effectiveness as it relates to freight traffic.
(3) Within available resources, the department must collaborate
with the affected metropolitan planning organizations, regional
transportation planning organizations, transit agencies, and private
transportation providers to develop a plan to reduce vehicle demand,
increase public transportation options, and reduce vehicle miles
traveled on corridors affected by growth at Joint Base Lewis-McChord.
(4) As part of their ongoing regional transportation planning, the
regional transportation planning organizations across the state shall
work together to provide a comprehensive framework for sources and uses
of next-stage investments in transportation needed to improve
structural conditions and ongoing operations and lay the groundwork for
the transportation systems to support the long-term economic vitality
of the state. This planning must include all forms of transportation
to reflect the state's interests, including: Highways, streets, and
roads; ferries; public transportation; systems for freight; and walking
and biking systems. The department shall support this planning by
providing information on potential state transportation uses and an
analysis of potential sources of revenue to implement investments. In
carrying out this planning, regional transportation planning
organizations must be broadly inclusive of business, civic, labor,
governmental, and environmental interests in regional communities
across the state.
NEW SECTION. Sec. 219 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. 220 FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM V
State Vehicle Parking Account--State Appropriation . . . . . . . . . . . . $452,000
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $48,942,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $41,706,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,582,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,027,000
Rural Mobility Grant Program Account--State
Appropriation . . . . . . . . . . . . $17,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $111,709,000
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. 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) $8,500,000 of the rural mobility grant program 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. Noncompetitive grants must be distributed to the
transit systems serving small cities and rural areas in a manner
similar to past disparity equalization programs. If the funding
provided in this subsection (2)(a) exceeds the amount required for
recipient counties to reach eighty percent of the average per capita
sales tax, funds in excess of that amount may be used for the
competitive grant process established in (b) of this subsection.
(b) $8,500,000 of the rural mobility grant program 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)(a) $6,000,000 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.
(b) At least $1,600,000 of the amount provided in this subsection
must be used for vanpool grants in congested corridors.
(c) $520,000 of the amount provided in this subsection is provided
solely for the purchase of additional vans for use by vanpools serving
soldiers and civilian employees at Joint Base Lewis-McChord.
(4) $8,942,000 of the regional mobility grant program account--state appropriation is reappropriated and provided solely for the
regional mobility grant projects identified in LEAP Transportation
Document 2007-B, as developed April 20, 2007, or LEAP Transportation
Document 2009-B, as developed April 24, 2009. 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. The department shall promptly close out
grants when projects have been completed, and any remaining funds must
be used only to fund projects identified in: LEAP Transportation
Document 2007-B, as developed April 20, 2007; LEAP Transportation
Document 2009-B, as developed April 24, 2009; or LEAP Transportation
Document 2011-B, as developed April 19, 2011. It is the intent of the
legislature to appropriate funds through the regional mobility grant
program only for projects that will be completed on schedule and that
all funds in the regional mobility grant program be used as soon as
practicable to advance eligible projects.
(5)(a) $40,000,000 of the regional mobility grant program account--state appropriation is provided solely for the regional mobility grant
projects identified in LEAP Transportation Document 2011-B, as
developed April 19, 2011. 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 any remaining funds must be used only to fund projects
identified in LEAP Transportation Document 2011-B, as developed April
19, 2011. The department shall provide annual status reports on
December 15, 2011, and December 15, 2012, to the office of financial
management and the transportation committees of the legislature
regarding the projects receiving the grants. It is the intent of the
legislature to appropriate funds through the regional mobility grant
program only for projects that will be completed on schedule.
(b) In order to be eligible to receive a grant under (a) of this
subsection during the 2011-2013 fiscal biennium, a transit agency must
establish a process for private transportation providers to apply for
the use of park and ride facilities. For purposes of this subsection,
(i) "private transportation provider" means: An auto transportation
company regulated under chapter 81.68 RCW; a passenger charter carrier
regulated under chapter 81.70 RCW, except marked or unmarked stretch
limousines and stretch sport utility vehicles as defined under
department of licensing rules; a private nonprofit transportation
provider regulated under chapter 81.66 RCW; or a private employer
transportation service provider; and (ii) "private employer
transportation service" means regularly scheduled, fixed-route
transportation service that is offered by an employer for the benefit
of its employees.
(6) $2,309,000 of the multimodal transportation account--state
appropriation is provided solely for the tri-county connection service
for Island, Skagit, and Whatcom transit agencies.
(7) $200,000 of the multimodal transportation account--state
appropriation is contingent on the timely development of an annual
report summarizing the status of public transportation systems as
identified under RCW 35.58.2796.
(8) Funds provided for the commute trip reduction program may also
be used for the growth and transportation efficiency center program.
(9) 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. 221 FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $467,773,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The office of financial management budget instructions require
agencies to recast enacted budgets into activities. The Washington
state ferries shall include a greater level of detail in its 2011-2013
supplemental and 2013-2015 omnibus transportation appropriations act
requests, as determined jointly by the office of financial management,
the Washington state ferries, and the transportation committees of the
legislature. This level of detail must include the administrative
functions in the operating as well as capital programs.
(2) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(3) The legislature finds that measuring the performance of the
Washington state ferries requires the measurement of quality,
timeliness, and unit cost of services delivered to customers.
Consequently, the department must develop a set of metrics that measure
that performance and report to the transportation committees of the
legislature and the office of financial management on the development
of these measurements along with recommendations to the 2012
legislature on which measurements must become a part of the next
omnibus transportation appropriations act. If chapter ... (Substitute
House Bill No. 1516), Laws of 2011 (state ferry system management) is
enacted, the report under this subsection is not required.
(4) The department shall continue to identify and implement process
changes that will improve on-time performance on a route-by-route
basis. These changes must include considering the slowing down of
vessels for fuel economy purposes and touch-and-go sailings on peak
runs. The department shall report its findings to the transportation
committees of the legislature by December 1, 2011.
(5) Until a reservation system is operational on the San Juan
islands inner-island route, the department shall provide the same
priority loading benefits on the San Juan islands inner-island route to
home health care workers as are currently provided to patients
traveling for purposes of receiving medical treatment.
(6) The department shall request from the United States coast guard
variable minimum staffing levels on all of its vessels by December 31,
2011.
(7) The department shall provide fiscal year reports to the
transportation committees of the legislature outlining wages and
benefits provided to employees.
(8) The department shall provide support to the legislative
evaluation and accountability program committee's work of upgrading the
transportation executive information system to include more detailed
information for ferry projects.
(9) Appropriations used for labor costs may be used only for
obligations under applicable collective bargaining agreements, civil
service laws, court orders, and judgments.
(10) The department shall continue to provide service to Sidney,
British Columbia and shall explore the option of purchasing a foreign
built vehicle and passenger ferry vessel either with safety of life at
sea (SOLAS) certification or the ability to be retrofitted for SOLAS
certification to operate solely on the Anacortes to Sidney, British
Columbia route currently served by vessels of the Washington state
ferries fleet. The vessel should have the capability of carrying at
least one hundred standard vehicles and approximately four hundred to
five hundred passengers. Further, the department shall explore the
possibilities of contracting a commercial company to operate the vessel
exclusively on this route so long as the contractor's employees
assigned
to the vessel are represented by the same employee
organizations as the Washington state ferries. The department shall
report back to the transportation committees of the legislature
regarding: The availability of a vessel; the cost of the vessel,
including transport to the Puget Sound region; and the need for any
statutory changes for the operation of the Sydney, British Columbia
service by a private company.
(11) For the 2011-2013 fiscal biennium, the department of
transportation may enter into a distributor controlled fuel hedging
program.
(12) The department shall target service reductions totaling
$4,000,000, such that the shortening of shoulder seasons and
eliminations of off-peak runs on all routes are considered. Prior to
implementing the reductions, the department shall consult with ferry
employees and ferry advisory committees to determine which reductions
would impact the fewest number of riders. The reductions must be
identified and implementation must begin no later than the fall 2011
schedule.
(13) $135,248,000 of the Puget Sound ferry operations account--state appropriation is provided solely for auto ferry vessel operating
fuel in the 2011-2013 fiscal biennium.
(14) $150,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the department to increase
recreation and tourist ridership by entering into agreements for
marketing and outreach strategies with local economic development
agencies. The department shall identify the number of tourist and
recreation riders on the applicable ferry routes both before and after
implementation of marketing and outreach strategies developed through
the agreements. The department shall report results of the marketing
and outreach strategies to the transportation committees of the
legislature by October 15, 2012.
(15) The Washington state ferries shall participate in the
facilities plan included in section 604 of this act and shall include
an investigation and identification of less costly relocation options
for the Seattle headquarters office. The department shall include
relocation options for the Washington state ferries Seattle
headquarters office in the facilities plan. Until September 1, 2012,
the department may not enter into a lease renewal for the Seattle
headquarters office.
(16) The department, office of financial management, and
transportation committees of the legislature shall make recommendations
regarding an appropriate budget structure for the Washington state
ferries. The recommendation may include a potential restructuring of
the Washington state ferries budget. The recommendation must
facilitate transparency in reporting and budgeting as well as provide
the opportunity to link revenue sources with expenditures. Findings
and recommendations must be reported to the office of financial
management and the joint transportation committee by September 1, 2011.
(17) Two Kwa-di-tabil class ferry vessels must be placed on the
Port Townsend/Coupeville (Keystone) route to provide service at the
same levels provided when the steel electric vessels were in service.
After the vessels as funded under section 308(7) of this act are in
service, the two most appropriate of these vessels for the Port
Townsend/Coupeville (Keystone) route must be placed on the route.
$100,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the additional staffing required
to maintain a reservation system at this route when the second vessel
is in service.
(18) The department shall link all vessel asset condition reports
with its vessel life-cycle cost model in such a way that it will lend
itself to integration with a vessel asset management system. Each
quarter the department shall complete the activity of linking the asset
condition of one class of vessels to the life-cycle cost model,
beginning with the jumbo mark II class, followed by the Issaquah class,
the jumbo mark I class, the super class, and finally the Kwa-di-tabil
class. The department shall continue to regularly inspect life-cycle
cost model assets and link the resulting asset condition reports with
its vessel life-cycle cost model as the assessments are completed. The
department shall provide the transportation committees of the
legislature with progress reports of this activity as the work for each
class of vessels has been completed. This activity must be completed
with the results reported to the transportation committees of the
legislature by June 1, 2012. The department's 2013-2015 budget request
must be developed using the updated life-cycle cost model and must also
provide a project scope for implementing a vessel asset management
system.
(19) $706,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for terminal operations to implement
new federal passenger vessel Americans with disabilities act
requirements.
(20) $152,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit.
(21) If chapter ... (Substitute House Bill No. 2053), Laws of 2011
(additive transportation funding) is not enacted by June 30, 2011, the
$4,000,000 in service reductions identified in subsection (12) of this
section must be restored and an identical amount must be reduced from
the amount provided for the second 144-car vessel identified in section
308(8) of this act.
*Sec. 221 was partially vetoed. See message at end of chapter.
NEW SECTION. Sec. 222 FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $29,688,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $300,000
TOTAL APPROPRIATION . . . . . . . . . . . . $29,988,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $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
state-supported passenger rail service. The department is directed to
continue to pursue efforts to reduce costs, increase ridership, and
review fares or fare schedules. Within thirty days of each annual
cost/revenue reconciliation under the Amtrak service contract, the
department shall report annual credits to the office of financial
management and the legislative transportation committees. Annual
credits from Amtrak to the department including, but not limited to,
credits for increased revenue due to higher ridership, and fare or fare
schedule adjustments, must be used to offset corresponding amounts of
the multimodal transportation account--state appropriation, which must
be placed in reserve. Upon completion of the rail platform project in
the city of Stanwood, the department shall continue to provide daily
Amtrak Cascades service to the city.
(2) Amtrak Cascade runs may not be eliminated.
(3) The department shall plan for a third roundtrip Cascades train
between Seattle and Vancouver, B.C.
(4) The department shall conduct a pilot program by partnering with
the travel industry on the Amtrak Cascades service between Vancouver,
British Columbia, and Seattle to test opportunities for increasing
ridership, maximizing farebox recovery, and stimulating private
investment. The pilot program must run from July 1, 2011, to June 30,
2012. The department shall report on the results of the pilot program
to the office of financial management and the legislature by September
30, 2012.
NEW SECTION. Sec. 223 FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $8,853,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,420,000
The appropriations in this section are subject to the following
conditions and limitations: The department shall submit a report to
the transportation committees of the legislature by December 1, 2011,
on the implementation of the recommendations that resulted from the
evaluation of efficiencies in the delivery of transportation funding
and services to local governments that was required under section
204(8), chapter 247, Laws of 2010. The report must include a
description of how recommendations were implemented, what efficiencies
were achieved, and an explanation of any recommendations that were not
implemented.
NEW SECTION. Sec. 301 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . $6,487,000
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) $3,226,000 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. However, $2,129,000 of
this amount is contingent on the department of corrections receiving
funding for its portion of the regional water project in the 2011-2013
omnibus capital appropriations act. If this funding is not provided by
June 30, 2011, $2,129,000 of the appropriation provided in this
subsection lapses.
(3) $421,000 of the state patrol highway account--state
appropriation is provided solely for the reappropriation of the Shelton
regional water project.
(4) $2,187,000 of the total appropriation is provided solely for
mobile office platforms.
(5) It is the intent of the legislature that the omnibus operating
appropriations act provide funding for the portion of any applicable
debt service payments, resulting from financial contracts identified
under section 601 of this act, that are attributable to the general
fund as identified in the Washington state patrol's cost allocation
model.
NEW SECTION. Sec. 302 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $874,000
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $37,417,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $29,360,000
TOTAL APPROPRIATION . . . . . . . . . . . . $67,651,000
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) $37,417,000 of the rural arterial trust account--state
appropriation is provided solely for county road preservation grant
projects as approved by the county road administration board. These
funds may be used to assist counties recovering from federally declared
emergencies by providing capitalization advances and local match for
federal emergency funding, and may only be made using existing fund
balances. It is the intent of the legislature that the rural arterial
trust account be managed based on cash flow. The county road
administration board shall specifically identify any of the selected
projects and shall include information concerning the 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 . . . . . . . . . . . . $3,812,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $201,050,000
TOTAL APPROPRIATION . . . . . . . . . . . . $204,862,000
The appropriations in this section are subject to the following
conditions and limitations: The transportation improvement
account--state appropriation includes up to $22,143,000 in proceeds
from the sale of bonds authorized in RCW 47.26.500.
NEW SECTION. Sec. 304 FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D -- (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $5,433,000
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.
(3) $400,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
*NEW SECTION. Sec. 305 FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $1,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,991,547,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $86,139,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $450,691,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . $50,485,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $436,005,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $1,019,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,034,328,000
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 LEAP Transportation Document 2011-1 as developed April 19,
2011, 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 603 of this act.
(2) 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 must be
reported on a programmatic basis. Projects within this programmatic
level funding must 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. The department shall also provide the information required
under this subsection on a quarterly basis.
(3) 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.
(4) The department shall apply for surface transportation program
enhancement funds to be expended in lieu of or in addition to state
funds for eligible costs of projects in programs I and P including, but
not limited to, the state route number 518, state route number 520,
Columbia river crossing, and Alaskan Way viaduct projects.
(5) The department shall apply for the competitive portion of
federal transit administration funds for eligible transit-related costs
of the state route number 520 bridge replacement and HOV project and
the Columbia river crossing project. The federal funds described in
this subsection must not include those federal transit administration
funds distributed by formula. The department shall provide a report
regarding this effort to the legislature by October 1, 2011.
(6) Any redistributed federal funds received by the department
must, to the greatest extent possible, be applied first to offset
planned expenditures of state funds, and second, to offset planned
expenditures of federal funds, on projects as identified in the LEAP
transportation documents described in this act. If the redistributed
federal funds cannot be used in this manner, the department must
consult with the joint transportation committee prior to obligating any
redistributed federal funds.
(7) 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.
(8) For highway construction projects where the department
considers agricultural lands of long-term commercial significance, as
defined in RCW 36.70A.030, in reviewing and selecting sites to meet
environmental mitigation requirements under the national environmental
policy act (42 U.S.C. Sec. 4321 et seq.) and the state environmental
policy act (chapter 43.21C RCW), the department shall, to the greatest
extent possible, consider using public land first. If public lands are
not available that meet the required environmental mitigation needs,
the department may use other sites while making every effort to avoid
any net loss of agricultural lands that have a designation of long-term
commercial significance.
(9) $361,000 of the transportation partnership account--state
appropriation and $1,245,000 of the transportation 2003 account (nickel
account)--state appropriation are provided solely for project 0BI4ENV,
Environmental Mitigation Reserve - Nickel/TPA project, as indicated in
the LEAP transportation document referenced in subsection (1) of this
section. Funds may be used only for environmental mitigation work that
is required by permits that were issued for projects funded by the
transportation partnership account or transportation 2003 account
(nickel account). As part of the 2012 budget submittal, the department
shall provide a list of all projects and associated amounts that are
being charged to project OBI4ENV during the 2011-2013 fiscal biennium.
(10) The transportation 2003 account (nickel account)--state
appropriation includes up to $361,005,000 in proceeds from the sale of
bonds authorized by RCW 47.10.861.
(11) The transportation partnership account--state appropriation
includes up to $1,427,696,000 in proceeds from the sale of bonds
authorized in RCW 47.10.873.
(12) The motor vehicle account--state appropriation includes up to
$66,373,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(13) The state route number 520 corridor account--state
appropriation includes up to $987,717,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879.
(14) $391,000 of the motor vehicle account--state appropriation and
$4,027,000 of the motor vehicle account--federal appropriation are
provided solely for the US 2 High Priority Safety project (100224I).
Expenditure of these funds is for safety projects on state route number
2 between Monroe and Gold Bar, which may include median rumble strips,
traffic cameras, and electronic message signs.
(15) $687,000 of the motor vehicle account--federal appropriation,
$16,308,000 of the motor vehicle account--private/local appropriation,
and $22,000 of the motor vehicle account--state appropriation are
provided solely for the US 2/Bickford Avenue - Intersection Safety
Improvements project (100210E).
(16) $435,000 of the motor vehicle account--state appropriation is
provided solely for environmental work on the Belfair Bypass project
(300344C).
(17) $108,000 of the motor vehicle account--federal appropriation
and $3,000 of the motor vehicle account--state appropriation are
provided solely for the I-5/Vicinity of Joint Base Lewis-McChord -Install Ramp Meters project (300596M).
(18) $253,444,000 of the transportation partnership account--state
appropriation and $66,034,000 of the transportation 2003 account
(nickel account)--state appropriation are provided solely for the I-5/Tacoma HOV Improvements (Nickel/TPA) project (300504A). The use of
funds in this subsection to renovate any buildings is subject to the
requirements of section 604 of this act. The department shall report
to the legislature and the office of financial management on any costs
associated with building renovations funded in this subsection.
(19)(a) $8,321,000 of the transportation partnership account--state
appropriation and $31,380,000 of the motor vehicle account--federal
appropriation are provided solely for the I-5/Columbia River Crossing
project (400506A). Of this amount, $200,000 of the transportation
partnership account--state appropriation is provided solely for the
department to work with the department of archaeology and historic
preservation to ensure that the cultural resources investigation is
properly conducted on the Columbia river crossing project. This
project must be conducted with active archaeological management and
result in one report that spans the single cultural area in Oregon and
Washington. Additionally, the department shall establish a scientific
peer review of independent archaeologists that are knowledgeable about
the region and its cultural resources. No funding from any account may
be expended until written confirmation has been received by the
department that the state of Oregon is providing an equal amount of
additional funding to the project.
(b) Consistent with the draft environmental impact statement and
the Columbia river crossing project's independent review panel report,
the Columbia river crossing project's financial plan must include
recognition of state transportation funding contributions from both
Washington and Oregon, federal transportation funding, and a funding
contribution from toll bond proceeds. Following the refinement of the
finance plan as recommended by the independent review panel, 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.
(20) $107,000 of the motor vehicle account--federal appropriation
and $27,000 of the motor vehicle account--state appropriation are
provided solely for the SR 9/SR 204 Intersection Improvement project
(L2000040).
(21) $2,134,000 of the motor vehicle account--federal appropriation
and $47,000 of the motor vehicle account--state appropriation are
provided solely for the US 12/Nine Mile Hill to Woodward Canyon Vic -Build New Highway project (501210T).
(22) $294,000 of the motor vehicle account--federal appropriation
and $13,000 of the motor vehicle account--state appropriation are
provided solely for the SR 16/Rosedale Street NW Vicinity - Frontage
Road project (301639C). The frontage road must be built for driving
speeds of no more than thirty-five miles per hour.
(23) $1,000,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 20/Race Road to Jacob's Road safety
project (L2200042).
(24) $24,002,000 of the transportation partnership account--state
appropriation is provided solely for the SR 28/ US 2 and US 97 Eastmont
Avenue Extension project (202800D).
(25) $569,000 of the motor vehicle account--federal appropriation
and $9,000 of the motor vehicle account--state appropriation are
provided solely for design and right-of-way work on the I-82/Red
Mountain Vicinity project (508208M). The department shall continue to
work with the local partners in developing transportation solutions
necessary for the economic growth in the Red Mountain American
viticulture area of Benton county.
(26) $1,500,000 of the motor vehicle account--federal appropriation
is provided solely for the I-90 Comprehensive Tolling Study project
(100067T).
(27) $9,422,000 of the motor vehicle account--federal appropriation
and $193,000 of the motor vehicle account--state appropriation are
provided solely for the I-90/Sullivan Road to Barker Road - Additional
Lanes project (609049N).
(28) Up to $8,000,000 in savings realized on the I-90/Snoqualmie
Pass East - Hyak to Keechelus Dam - Corridor project (509009B) may be
used for design work on the next two-mile segment of the corridor. Any
additional savings on this project must remain on the corridor.
$590,000 of the funds appropriated for this project may be used to
purchase land currently owned by the state parks department. Project
funds may not be used to build or improve buildings until the plan
described in section 604 of this act is complete.
(29) $932,000 of the motor vehicle account--federal appropriation
is provided solely for the US 97A/North of Wenatchee - Wildlife Fence
project (209790B).
(30) The department shall reconvene an expert review panel of no
more than three members as described under RCW 47.01.400 for the
purpose of updating the work that was previously completed by the panel
on the Alaskan Way viaduct replacement project and to ensure that an
appropriate and viable financial plan is created and regularly
reviewed. The expert review panel must be selected cooperatively by
the chairs of the senate and house of representatives transportation
committees, the secretary of transportation, and the governor. The
expert review panel must report findings and recommendations to the
transportation committees of the legislature, the governor's Alaskan
Way viaduct project oversight committee, and the transportation
commission by October 2011, and annually thereafter until the project
is operationally complete.
(31) It is important that the public and policymakers have accurate
and timely access to information related to the Alaskan Way viaduct
replacement project as it proceeds to, and during, the construction of
all aspects of the project including, but not limited to, information
regarding costs, schedules, contracts, project status, and neighborhood
impacts. Therefore, it is the intent of the legislature that the
state, city, and county departments of transportation establish a
single source of accountability for integration, coordination,
tracking, and information of all requisite components of the
replacement project, which must include, at a minimum:
(a) A master schedule of all subprojects included in the full
replacement project or program; and
(b) A single point of contact for the public, media, stakeholders,
and other interested parties.
(32) Within the amounts provided in this section, $20,000 of the
motor vehicle account--state appropriation and $980,000 of the motor
vehicle account--federal appropriation are provided solely for the
department to continue work on a comprehensive tolling study of the
state route number 167 corridor (project 316718S). As funding allows,
the department shall also continue work on a comprehensive tolling
study of the state route number 509 corridor.
(33)(a) $131,303,000 of the transportation partnership
account--state appropriation, $51,410,000 of the transportation 2003
account (nickel account)--state appropriation, and $10,000,000 of the
motor vehicle account--federal appropriation are provided solely for
the I-405/Kirkland Vicinity Stage 2 - Widening project (8BI1002). This
project must be completed as soon as practicable as a design-build
project and must be constructed with a footprint that would accommodate
potential future express toll lanes.
(b) As part of the project, the department shall conduct a traffic
and revenue analysis and complete a financial plan to provide
additional information on the revenues, expenditures, and financing
options available for active traffic management and congestion relief
in the Interstate 405 and state route number 167 corridors. A report
must be provided to the transportation committees of the legislature
and the office of financial management by January 2012. However, this
subsection (33)(b) is null and void if chapter . . . (Engrossed House
Bill No. 1382), Laws of 2011 (I-405 express toll lanes) is enacted by
June 30, 2011.
(34) Funding for a signal at state route number 507 and Yew Street
is included in the appropriation for intersection and spot improvements
(0BI2002).
(35) $226,809,000 of the transportation partnership account--state
appropriation and $1,019,460,000 of the state route number 520 corridor
account--state appropriation are provided solely for the state route
number 520 bridge replacement and HOV program (8BI1003). When
developing the financial plan for the program, the department shall
assume that all maintenance and operation costs for the new facility
are to be covered by tolls collected on the toll facility, and not by
the motor vehicle account.
(36) $650,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 522 Improvements/61st Avenue NE and NE
181st Street project (L1000055).
(37) $300,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 523 Corridor study (L1000059).
(38) The department shall consider using the city of Mukilteo's
off-site mitigation program in the event any projects on state route
number 525 or 526 require environmental mitigation.
(39) Any savings on projects on the state route number 532 corridor
must be used within the corridor to begin work on flood prevention and
raising portions of the highway above flood and storm influences.
*Sec. 305 was partially vetoed. See message at end of chapter.
*NEW SECTION. Sec. 306 FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $34,182,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $67,790,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $632,489,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $19,253,000
TOTAL APPROPRIATION . . . . . . . . . . . . $753,714,000
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 LEAP Transportation Document 2011-1 as developed April 19,
2011, 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 603 of this act.
(2) 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 must be reported on a programmatic basis. Projects
within this programmatic level funding must 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. The department
shall also provide the information required under this subsection on a
quarterly basis.
(3) The department of transportation shall continue to implement
the lowest life-cycle cost planning approach to pavement management
throughout the state to encourage the most effective and efficient use
of pavement preservation funds. Emphasis should be placed on
increasing the number of roads addressed on time and reducing the
number of roads past due.
(4) Any redistributed federal funds received by the department
must, to the greatest extent possible, be applied first to offset
planned expenditures of state funds, and second, to offset planned
expenditures of federal funds, on projects as identified in the LEAP
transportation documents described in this act. If the redistributed
federal funds cannot be used in this manner, the department must
consult with the joint transportation committee prior to obligating any
redistributed federal funds.
(5) 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.
(6) The department shall apply for surface transportation program
enhancement funds to be expended in lieu of or in addition to state
funds for eligible costs of projects in programs I and P.
(7) The motor vehicle account--state appropriation includes up to
$17,652,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(8) The department must work with cities and counties to develop a
comparison of direct and indirect labor costs, overhead rates, and
other costs for high-cost bridge inspections charged by the state,
counties, and other entities. The comparison is due to the
transportation committees of the legislature on September 1, 2011.
(9) $277,000 of the motor vehicle account--federal appropriation
and $10,000 of the motor vehicle account--state appropriation are
provided solely for the environmental impact statement and preliminary
planning for the replacement of the state route number 9 Snohomish
river bridge (project L2000018).
(10) $9,641,000 of the motor vehicle account--federal
appropriation, $2,000,000 of the motor vehicle account--private/local
appropriation, and $361,000 of the motor vehicle account--state
appropriation are provided solely for the SR 21/Keller Ferry - Replace
Boat project (602110J).
(11) $3,093,000 of the motor vehicle account--federal appropriation
is provided solely for the I-90/Ritzville to Tokio - Paving of Outside
Lanes project (609041G).
(12) $2,733,000 of the motor vehicle account--federal appropriation
and $114,000 of the motor vehicle account--state appropriation are
provided solely for the SR 167/Puyallup River Bridge Replacement
project (316725A). This project must be completed as a design-build
project. The department must work with local jurisdictions and the
community during the environmental review process to develop
appropriate esthetic design elements, at no additional cost to the
department, and traffic management plans pertaining to this project.
The department must report to the transportation committees of the
legislature on estimated cost and/or time savings realized as a result
of using the design-build process.
(13) $295,000 of the motor vehicle account--federal appropriation
and $5,000 of the motor vehicle account--state appropriation are
provided solely for the SR 906/Travelers Rest - Building Renovation
project (090600A).
*Sec. 306 was partially vetoed. See message at end of chapter.
NEW SECTION. Sec. 307 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $6,439,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $5,600,000
TOTAL APPROPRIATION . . . . . . . . . . . . $12,039,000
The appropriations in this section are subject to the following
conditions and limitations: $1,000,000 of the motor vehicle account--state appropriation for project 000005Q is provided solely for state
matching funds for federally selected competitive grants or
congressional earmark projects. These moneys must be placed into
reserve status until such time as federal funds are secured that
require a state match.
*NEW SECTION. Sec. 308 FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Puget Sound Capital Construction Account--State
Appropriation . . . . . . . . . . . . $68,013,000
Puget Sound Capital Construction Account--Federal
Appropriation . . . . . . . . . . . . $41,500,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $118,027,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $12,536,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $43,265,000
TOTAL APPROPRIATION . . . . . . . . . . . . $283,341,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $68,013,000 of the Puget Sound capital construction
account--state appropriation, $41,500,000 of the Puget Sound capital
construction account--federal appropriation, $12,536,000 of the
transportation partnership account--state appropriation, $118,027,000
of the transportation 2003 account (nickel account)--state
appropriation, and $43,265,000 of the multimodal transportation
account--state appropriation are provided solely for ferry projects, as
listed in LEAP Transportation Document 2011-2 ALL PROJECTS as developed
April 19, 2011, Program - Washington State Ferries Capital Program (W).
(2) 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.
(3) The multimodal transportation account--state appropriation
includes up to $43,265,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
(4) The transportation 2003 account (nickel account)--state
appropriation includes up to $82,143,000 in proceeds from the sale of
bonds authorized in RCW 47.10.861.
(5) The Puget Sound capital construction account--state
appropriation includes up to $52,516,000 in proceeds from the sale of
bonds authorized in RCW 47.10.843.
(6) Appropriations used for labor costs may be used only for
obligations under applicable collective bargaining agreements, civil
service laws, court orders, and judgments.
(7) $20,906,000 of the transportation 2003 account (nickel
account)--state appropriation, $9,711,000 of the multimodal
transportation account--state appropriation, and $1,537,000 of the
Puget Sound capital construction account--state appropriation are
provided solely for the acquisition of new Kwa-di-tabil class ferry
vessels subject to the conditions of RCW 47.56.780.
(8) $33,404,000 of the multimodal transportation account--state
appropriation, $2,000,000 of the Puget Sound capital construction
account--state appropriation, $11,500,000 of the transportation
partnership account--state appropriation, and $81,085,000 of the
transportation 2003 account (nickel account)--state appropriation are
provided solely for the acquisition of two 144-car vessels contingent
upon new and sufficient resources. Of these amounts, $123,828,000 is
provided solely for the first 144-car vessel. The department shall use
as much already procured equipment as practicable on the 144-car
vessel. The vendor must present to the joint transportation committee
and the office of financial management, by August 15, 2011, a list of
options that will result in significant cost savings changes in terms
of construction or the long-term maintenance and operations of the
vessel. The vendor must allow for exercising the options without a
penalty. If neither chapter ... (Engrossed Substitute Senate Bill No.
5742), Laws of 2011 nor chapter ... (House Bill No. 2083), Laws of 2011
is enacted by June 30, 2011, $75,000,000 of the transportation 2003
account (nickel account)--state appropriation in this subsection
lapses.
(9) 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
system. 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.
(10) The department shall review and adjust its capital program
staffing levels to ensure staffing is at the most efficient level
necessary to implement the capital program in the omnibus
transportation appropriations act. The review must include a
comparison to the findings of the 2009 capital staffing levels report.
The Washington state ferries shall report this review and adjustment to
the office of financial management and the house and senate
transportation committees of the legislature by July 2012.
(11) $3,932,000 of the total appropriation is provided solely for
continued permitting work on the Mukilteo ferry terminal (project
952515P). The department shall seek additional federal funding for
this project. Prior to beginning terminal improvements, the department
shall report to the legislature on the final environmental impact
statement by December 31, 2012. The report must include an overview of
the costs and benefits of each of the alternatives considered, as well
as an identification of costs and a funding plan for the preferred
alternative.
(12) The department shall conduct an analysis of the Eagle Harbor
slips to determine the cost benefit of replacing or repairing existing
structures with new structures including, but not limited to, dolphins
and wingwalls. A report on this analysis is due to the legislature by
December 31, 2011.
(13) The department shall review all terminal project cost
estimates to identify projects where similar design requirements could
result in reduced preliminary engineering or miscellaneous items costs.
The department shall report to the legislature by September 1, 2011.
The
report must use programmatic design and include estimated cost
savings by reducing repetitive design costs or miscellaneous costs, or
both, applied to projects.
(14) $2,000,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital repair
costs. Funds may be spent only after approval from the office of
financial management.
(15) $7,167,000 of the Puget Sound capital construction account--state appropriation is provided solely for the reservation and
communications system project.
*Sec. 308 was partially vetoed. See message at end of chapter.
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 . . . . . . . . . . . . $5,838,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $52,000,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $366,314,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . $1,292,000
TOTAL APPROPRIATION . . . . . . . . . . . . $426,444,000
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 LEAP Transportation
Document 2011-2 ALL PROJECTS as developed April 19, 2011, Program -Rail Capital Program (Y).
(b) Within the amounts provided in this section, $2,903,000 of the
transportation infrastructure account--state appropriation is for low-interest loans through the freight rail investment bank program for
specific projects listed as recipients of these loans in the LEAP
transportation document identified in (a) of this subsection. The
department shall issue freight rail investment bank program loans 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, $1,754,000 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 identified in the
LEAP transportation document identified in (a) of this subsection.
(2)(a) If any funds remain in the program reserves (F01001A &
F01000A) for the program and projects listed in subsection (1)(b) and
(c) of this section, the department shall issue a call for projects for
the freight rail investment bank (FRIB) loan program and the emergent
freight rail assistance program (FRAP) grants, 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. Unsuccessful FRAP grant applicants should be
encouraged to apply to the FRIB loan program, if eligible. By November
1, 2011, 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 expend unallocated federal rail
crossing funds in lieu of or in addition to state funds for eligible
costs of projects in program Y.
(4) 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.
(5) 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 LEAP transportation
document described in subsection (1)(a) of this section. Report
formatting and elements must be consistent with the October 2009
quarterly project report.
(6) The multimodal transportation account--state appropriation
includes up to $19,684,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
(7) When the balance of that portion of the miscellaneous program
account apportioned to the department for the grain train program
reaches $1,180,000, the department shall acquire additional grain train
railcars.
(8) $1,087,000 of the multimodal transportation account--state
appropriation is provided solely as state matching funds for successful
grant applications to either the federal rail line relocation and
improvement program (project 798999D) or new federal high-speed rail
grants.
(9) The Burlington Northern Santa Fe Skagit river bridge is an
integral part of the rail system. Constructed in 1916, the bridge does
not meet current design standards and is at risk during flood events
that occur on the Skagit river. The department shall work with
Burlington Northern Santa Fe and local jurisdictions to secure federal
funding for the Skagit river bridge and to develop an appropriate
replacement plan and schedule.
(10) $339,139,000 of the multimodal transportation account--federal
appropriation and $5,099,000 of the multimodal transportation account--state appropriation are provided solely for expenditures related to
passenger high-speed rail grants. At one and one-half percent of the
total project funds, the multimodal transportation account--state funds
are provided solely for expenditures that are not federally
reimbursable. Funding in this subsection is the initial portion of
multiyear high-speed rail program grants awarded to Washington state
for high-speed intercity passenger rail investments. Funding will
allow for two additional round trips between Seattle and Portland and
other rail improvements.
(11) $750,000 of the multimodal transportation account--state
appropriation is provided solely for the Port of Royal Slope
rehabilitation project (L1000053). Funding is contingent upon the
project completing the rail cost-benefit methodology process developed
during the 2008 interim using the legislative priorities outlined in
subsection (2)(c) of this section.
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
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $3,754,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $31,856,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . $11,278,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $6,035,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . $15,117,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . $4,752,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $18,453,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $1,115,000
TOTAL APPROPRIATION . . . . . . . . . . . . $94,169,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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. Report formatting and elements
must be consistent with the October 2009 quarterly project report. The
department shall also provide the information required under this
subsection on a quarterly basis via the transportation executive
information system.
(2) $1,115,000 of the passenger ferry account--state appropriation
is provided solely for near and long-term 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 apply for surface transportation program
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.
(4) 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.
(5) The city of Winthrop may utilize a design-build process for the
Winthrop bike path project.
(6) $11,557,000 of the multimodal transportation account--state
appropriation, $12,136,000 of the motor vehicle account--federal
appropriation, and $5,195,000 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 2011-A,
pedestrian and bicycle safety program projects and safe routes to
schools program projects, as developed April 19, 2011; 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; and LEAP Transportation Document
2006-B, pedestrian and bicycle safety program projects and safe routes
to schools program projects, as developed March 8, 2006. 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 LEAP Transportation
Document 2011-2 ALL PROJECTS as developed April 19, 2011, Program -Local Program (Z).
(8) For the 2011-2013 project appropriations, unless otherwise
provided in this act, the director of the office of financial
management may authorize a transfer of appropriation authority between
projects managed by the freight mobility strategic investment board in
order for the board to manage project spending and efficiently deliver
all projects in the respective program.
(9) 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.
(10) The department shall prepare a list of main street projects,
consistent with chapter ... (Engrossed Substitute House Bill No. 1071),
Laws of 2011, for approval in the 2013-2015 fiscal biennium. In order
to ensure that any proposed list of projects is consistent with
legislative intent, the department shall provide a report to the joint
transportation committee by December 1, 2011. The report must identify
the eligible segments of main streets highways, the department's
proposed project selection and ranking method, criteria to be
considered, and a plan for soliciting project proposals.
(11) $267,000 of the motor vehicle account--state appropriation and
$2,859,000 of the motor vehicle account--federal appropriation are
provided solely for completion of the US 101 northeast peninsula safety
rest area and associated roadway improvements east of Port Angeles at
the Deer Park scenic view point (3LP187A). The department must surplus
any right-of-way previously purchased for this project near Sequim.
Approval to proceed with construction is contingent on surplus of
previously purchased right-of-way.
(12) Up to $3,650,000 of the motor vehicle account--federal
appropriation and $23,000 of the motor vehicle account--state
appropriation are provided solely to reimburse the cities of Kirkland
and Redmond for pavement and bridge deck rehabilitation on state route
number 908 (1LP611A). These funds may not be expended unless the
cities sign an agreement stating that the cities agree to take
ownership of state route number 908 in its entirety and agree that the
payment of these funds represents the entire state commitment to the
cities for state route number 908 expenditures.
(13) $225,000 of the multimodal transportation account--state
appropriation is provided solely for the Shell Valley emergency road
and bicycle/pedestrian path (L1000036).
(14) $150,000 of the motor vehicle account--state appropriation is
provided solely for flood reduction solutions on state route number 522
caused by the lower McAleer and Lyon creek basins (L1000041).
(15) $896,000 of the multimodal transportation account--state
appropriation is provided solely for realignment of Parker Road and
construction of secondary access off of state route number 20
(L2200040).
(16) An additional $2,500,000 of the motor vehicle account--federal
appropriation is provided solely for the Strander Blvd/SW 27th St
Connection project (1LP902F), which amount is reflected in the LEAP
transportation document identified in subsection (7) of this section.
These funds may only be committed if needed, may not be used to
supplant any other committed project partnership funding, and must be
the last funds expended.
(17) $500,000 of the motor vehicle account--federal appropriation
is provided solely for safety improvements at the intersection of South
Wapato and McDonald Road (L1000052).
(18) $2,000,000 of the multimodal transportation account--state
appropriation is provided solely for the state route number 432 rail
realignment and highway improvements project (L1000056).
(19) $500,000 of the multimodal transportation account--state
appropriation is provided solely for a multimodal corridor plan on
state route number 520 between Interstate 405 and Avondale Road in
Redmond (L1000054).
(20) $100,000 of the motor vehicle account--federal appropriation
is provided solely for state route number 164 and Auburn Way South
pedestrian improvements (L1000057).
(21) $115,000 of the motor vehicle account--federal appropriation
is provided solely for median street lighting on state route number 410
(L1000058).
(22) $60,000 of the multimodal transportation account--state
appropriation is provided solely for a cross docking study for the port
of Douglas county (L1000060).
(23) $100,000 of the motor vehicle account--federal appropriation
is provided solely for city of Auburn - 8th and R Street NE
intersection improvements (L2200043).
(24) $65,000 of the multimodal transportation account--state
appropriation is provided solely for the Puget Sound regional council
to further the implementation of multimodal concurrency practice
through a transit service overlay zone implemented at the local level
(L1000061). This approach will improve the linkage of land use and
transportation investment decisions, improve the efficiency of transit
service by encouraging transit-supportive development, provide
incentives for developers, and support integrated regional growth,
economic development, and transportation plans. In carrying out this
work, the council shall involve representatives from cities and
counties, developers, transit agencies, and other interested
stakeholders, and shall consult with other regional transportation
planning organizations across the state. The council shall report the
results of their work and recommendations to the joint transportation
committee by December 2011, with a final report to the transportation
committees of the legislature by January 31, 2012.
NEW SECTION. Sec. 311 FEDERAL FUNDS RECEIVED FOR CAPITAL
PROJECT EXPENDITURES
To the greatest extent practicable, the department of
transportation shall expend federal funds received for capital project
expenditures before state funds.
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
Highway Bond Retirement Account--State Appropriation . . . . . . . . . . . . $920,560,000
Ferry Bond Retirement Account--State Appropriation . . . . . . . . . . . . $31,801,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $1,075,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . $16,544,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . $25,200,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $3,142,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $333,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $1,140,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $29,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $138,000
Toll Facility Bond Retirement Account--State
Appropriation . . . . . . . . . . . . $33,792,000
Toll Facility Bond Retirement Account--Federal
Appropriation . . . . . . . . . . . . $14,649,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,048,403,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $4,610,000 of the highway bond retirement account--state
appropriation is provided solely for debt service on bonds issued to
construct a ferry boat vessel with a carrying capacity of one hundred
forty-four cars. If neither chapter ... (House Bill No. 2083), Laws of
2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is
enacted by June 30, 2011, the amount provided in this subsection
lapses.
(2) $165,000 of the transportation 2003 account (nickel account)--state appropriation is provided solely for discounts on bonds sold to
construct a ferry boat vessel with a carrying capacity of one hundred
forty-four cars. If neither chapter ... (House Bill No. 2083), Laws of
2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is
enacted by June 30, 2011, the amount provided in this subsection
lapses.
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
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $68,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $608,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $60,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $219,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $5,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $26,000
TOTAL APPROPRIATION . . . . . . . . . . . . $986,000
The appropriations in this section are subject to the following
conditions and limitations: $30,000 of the transportation 2003 account
(nickel account)--state appropriation is provided solely for expenses
associated with bonds sold to construct a ferry boat vessel with a
carrying capacity of one hundred forty-four cars. If neither chapter
... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed
Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the
amount provided in this subsection lapses.
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 . . . . . . . . . . . . $52,516,000
The department of transportation is authorized to sell up to
$52,516,000 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. Of the
authorized amounts, $14,500,000 is provided solely for expenditures
made during the fiscal biennium ending June 30, 2011.
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 . . . . . . . . . . . . $478,155,000
NEW SECTION. Sec. 405 FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account -- State Appropriation: For
motor vehicle fuel tax refunds and statutory
transfers . . . . . . . . . . . . $1,246,357,000
NEW SECTION. Sec. 406 FOR THE DEPARTMENT OF LICENSING -- TRANSFERS
Motor Vehicle Account -- State Appropriation: For
motor vehicle fuel tax refunds and transfers . . . . . . . . . . . . $127,984,000
NEW SECTION. Sec. 407 FOR THE STATE TREASURER -- ADMINISTRATIVE
TRANSFERS
(1) Tacoma Narrows Toll Bridge Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $543,000
(2) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . $46,500,000
(3) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,450,000
(4) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $3,200,000
(5) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . $43,000,000
(6) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $23,000,000
(7) Department of Licensing Services Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $400,000
(8) Advanced Right-of-Way Revolving Fund: For transfer
to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(9) State Route Number 520 Civil Penalties
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $754,000
(10) Rural Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $3,000,000
(11) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway Account--
State . . . . . . . . . . . . $14,000,000
(12) State Route Number 520 Corridor Account--State Appropriation:
For transfer to the Motor Vehicle Account--State, in an amount equal to
funds dispersed during the 2009-2011 fiscal biennium authorized under
section 805(7) of this act.
(13) Motor Vehicle Account--State Appropriation:
For transfer to the Special Category C Account--State . . . . . . . . . . . . $1,500,000
(14) Regional Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $1,000,000
(15) State Patrol Highway Account--State
Appropriation: For transfer to the Vehicle
Licensing Fraud Account . . . . . . . . . . . . $100,000
(16) State Route Number 520 Corridor Account--State
Appropriation: For transfer to the Motor Vehicle
Account . . . . . . . . . . . . $2,435,000
(17) The transfers identified in this section are subject to the
following conditions and limitations:
(a) The amount transferred in subsection (1) of this section
represents repayment of operating loans and reserve payments provided
to the Tacoma Narrows toll bridge account from the motor vehicle
account in the 2005-2007 fiscal biennium.
(b) The transfer in subsection (9) of this section represents toll
revenue collected from toll violations.
NEW SECTION. Sec. 408 STATUTORY APPROPRIATIONS
In addition to the amounts appropriated in this act for revenue for
distribution, state contributions to the law enforcement officers' and
firefighters' retirement system, and bond retirement and interest
including ongoing bond registration and transfer charges, transfers,
interest on registered warrants, and certificates of indebtedness,
there is also appropriated such further amounts as may be required or
available for these purposes under any statutory formula or under any
proper bond covenant made under law.
NEW SECTION. Sec. 409 The department of transportation is
authorized to undertake federal advance construction projects under the
provisions of 23 U.S.C. Sec. 115 in order to maintain progress in
meeting approved highway construction and preservation objectives. The
legislature recognizes that the use of state funds may be required to
temporarily fund expenditures of the federal appropriations for the
highway construction and preservation programs for federal advance
construction projects prior to conversion to federal funding.
NEW SECTION. Sec. 501 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
this section and sections 502 through 505 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. 502 COLLECTIVE BARGAINING AGREEMENTS--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. 503 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. 504 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS--IBU, METAL TRADES, OPEIU,
MEBA-UL, MEBA-L, MM&P, FASSPA, SEIU LOCAL NO. 6
(1) Agreements have been reached between the governor and the
following unions effective July 1, 2011: Inlandboatmen's union of the
pacific; Puget Sound metal trades council; office and professional
employees international union local No. 8; marine engineers' beneficial
association (unlicensed engine room employees); marine engineers'
beneficial association (licensed engineer officers); masters, mates,
and pilots; ferry agents, supervisors, and project administrators
association and service employees international union local No. 6 under
chapter 47.64 RCW for the 2011-2013 fiscal biennium.
(2) Funding is reduced to reflect a reduction to overtime
calculation, travel pay for relief employees, and reduced vacation
leave accruals.
(3) Except for office and professional employees international
union local No. 8, funding is reduced to reflect a three percent
temporary salary reduction for all employees for fiscal years 2012 and
2013 through June 29, 2013. Entry level rates for employees under the
inlandboatmen's union of the pacific and service employees
international union local No. 6 are not subject to the three percent
temporary salary reduction.
(4) For employees covered under the office and professional
employees international union local No. 8 agreement, funding is reduced
to reflect a three percent temporary salary reduction for all employees
whose monthly full-time equivalent salary is two thousand five hundred
dollars or more per month for fiscal years 2012 and 2013 through June
29, 2013. Temporary salary reduction leave is granted for employees
covered under the office and professional employees international union
local No. 8 agreement for the term of the 2011-2013 agreement.
(5) Effective June 30, 2013, the salary schedules effective July 1,
2009, through June 29, 2011, will be reinstated for all of the
agreements.
(6) Appropriations in this act reflect funding to staff vessels
according to United States coast guard certificates of inspection per
the agreement noted in subsection (1) of this section.
(7) Appropriations in this act do not reflect funding to fund state
employee health benefits for employees represented by the super
coalition on health benefits or employees outside of the super
coalition on health benefits. Acceptance of the super coalition on
health benefits agreement will be contingent upon sufficient funding in
the 2011-2013 omnibus operating appropriations act. Funding for health
benefits for employees outside of the super coalition on health
benefits will be in accordance with appropriations in the 2011-2013
omnibus operating appropriations act.
NEW SECTION. Sec. 505 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS--TERMS AND CONDITIONS
No agreement has been reached between the governor and the masters,
mates, and pilots marine operations watch supervisors under chapter
47.64 RCW for the 2011-2013 fiscal biennium. 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. 601 ACQUISITION OF PROPERTIES AND FACILITIES
THROUGH FINANCIAL CONTRACTS
(1) The following agencies may enter into financial contracts, paid
from any funds of an agency, appropriated or nonappropriated, for the
purposes indicated and in not more than the principal amounts
indicated, plus financing expenses and required reserves pursuant to
chapter 39.94 RCW. When securing properties under this section,
agencies shall use the most economical financial contract option
available, including long-term leases, lease-purchase agreements,
lease-development with option to purchase agreements, or financial
contracts using certificates of participation. Expenditures made by an
agency for one of the indicated purposes before the issue date of the
authorized financial contract and any certificates of participation
therein are intended to be reimbursed from proceeds of the financial
contract and any certificates of participation therein to the extent
provided in the agency's financing plan approved by the state finance
committee.
(2) State agencies may enter into agreements with the department of
general administration and the state treasurer's office to develop
requests to the legislature for the acquisition of properties and
facilities through financial contracts. The agreements may include
charges for services rendered.
(a) Department of transportation: Enter into a financing contract
for up to $10,824,000 plus financing expenses and required reserves
pursuant to chapter 39.94 RCW for the acquisition and implementation of
a time, leave, and labor distribution system that is integrated with
the state's accounting and human resource management systems.
(b) Department of licensing: Enter into a financing contract for
up to $7,414,000 plus financing expenses and required reserves pursuant
to chapter 39.94 RCW for the purchase of a prorate and fuel tax system.
(c) Washington state patrol: (i) Enter into a financing contract
for up to $8,241,000 plus financing expenses and required reserves
pursuant to chapter 39.94 RCW to purchase and install mobile office
platforms in state patrol and pursuit vehicles.
(ii) Enter into a financing contract for up to $40,100,000 plus
financing expenses and required reserves pursuant to chapter 39.94 RCW
to purchase equipment and engineering services to convert to a
narrowband digital system.
NEW SECTION. Sec. 602 MEGA-PROJECT REPORTING
Mega-projects are defined as individual or groups of related
projects that cost $1,000,000,000 or more. These projects include, but
are not limited to: Alaskan Way viaduct, SR 520, SR 167, I-405, North
Spokane corridor, I-5 Tacoma HOV, I-90 Snoqualmie Pass, and the
Columbia river crossing. The department of transportation shall track
mega-projects and report the financial status and schedule of these
projects at least once a year to the transportation committees of the
legislature and the office of financial management. The design of
mega-projects must be evaluated considering cost, capacity, safety,
mobility needs, and how well the design of the facility fits within its
urban environment.
NEW SECTION. Sec. 603 FUND TRANSFERS
(1) The transportation 2003 projects or improvements and the 2005
transportation partnership projects or improvements are listed in LEAP
Transportation Document 2011-1 as developed April 19, 2011, which
consists of a list of specific projects by fund source and amount over
a sixteen-year period. Current fiscal biennium funding for each
project is a line-item appropriation, while the outer year funding
allocations represent a sixteen-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 account (nickel account) projects on the LEAP
transportation documents referenced in this act. For the 2009-2011 and
2011-2013 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 or 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
transportation budget, any unexpended 2009-2011 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 for projects not identified on the
applicable project list;
(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 total 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 in a timely manner.
(4) The office of financial management shall document approved
transfers and schedule changes in the transportation executive
information system, compare changes to the legislative baseline funding
and schedules identified by project identification number identified in
the LEAP transportation documents referenced in this act, and transmit
revised project lists to chairs of the transportation committees of the
legislature on a quarterly basis.
NEW SECTION. Sec. 604 (1) The department of transportation shall
prepare a plan to improve the oversight of real estate procurement and
management practices across all departmental programs and regions,
including the Washington state ferries. The plan must be submitted to
the governor and the joint transportation committee by September 1,
2012. The plan must include:
(a) An inventory of all currently owned and leased office space,
tunnel and bridge operations and maintenance facilities, and traffic
management centers;
(b) A list of all facilities that will be needed for tunnel and
bridge operations or maintenance in the next ten years and the funding
source that is assumed for these facilities;
(c) A prioritized list of all buildings that are planned to be
constructed, renovated, or remodeled in the next ten years and the
funding source that is assumed for these facility improvements;
(d) A list of options for consolidating staff, equipment, and
operations activities to reduce costs. This list must include an
evaluation of the costs and benefits of owning properties as compared
to leasing them using a life-cycle cost analysis; and
(e) A process and plan for regularly evaluating needs for office
space, tunnel and bridge operations and maintenance facilities, and
traffic management.
(2) Except as provided otherwise in the act, until September 1,
2012, the department of transportation may not enter into new leases,
equal value exchanges, or property acquisitions for office needs
without first consulting with the office of financial management and
the joint transportation committee.
NEW SECTION. Sec. 605 Executive Order number 05-05,
archaeological and cultural resources, was issued effective November
10, 2005. Agencies and higher education institutions that issue grants
or loans for capital projects shall comply with the requirements set
forth in this executive order.
NEW SECTION. Sec. 606 FOR THE DEPARTMENT OF TRANSPORTATION
As part of its annual budget submittal, the department shall
provide an annual update to the legislature and the office of financial
management that:
(1) Compares the original project cost estimates approved in the
transportation 2003 and 2005 transportation partnership 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. 607 FOR THE DEPARTMENT OF TRANSPORTATION
As part of its 2012 supplemental budget submittal, the department
shall provide a report to the legislature and the office of financial
management that:
(1) Identifies, by capital project, the amount of state funding
that has been reappropriated from the 2009-2011 fiscal biennium into
the 2011-2013 fiscal biennium; and
(2) Identifies, for each project, the amount of cost savings or
increases in funding that have been identified as compared to the 2011
enacted transportation budget.
NEW SECTION. Sec. 608 STAFFING LEVELS
(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 of transportation is directed to
reduce the size of its engineering and technical workforce to a level
sustained by current law revenue levels currently estimated at two
thousand FTEs by the end of the 2013-2015 fiscal biennium. The
department's current two thousand eight hundred FTE engineering and
technical workforce levels for highway construction will be reduced in
the 2011-2013 fiscal biennium, with a target of two thousand four
hundred FTEs by June 30, 2013, and to a level of two thousand FTEs by
June 30, 2015.
(3) In order to successfully deliver the highway construction
program as funded, the department of transportation may continue to
contract out engineering and technical services. In addition, the
department may continue the incentive program for retirements and
employee separations. The department shall report quarterly to the
office of financial management and the transportation committees of the
legislature on its progress and plans to reduce highway construction
workforce levels to two thousand FTEs by June 2015. This report must
also be posted on the department's web site.
NEW SECTION. Sec. 609 VOLUNTARY RETIREMENT, SEPARATION, AND
DOWNSHIFTING INCENTIVES
As a management tool to reduce costs and make more effective use of
resources, while improving employee productivity and morale, agencies
may implement a voluntary retirement, separation, and/or downshifting
incentive program that is cost neutral or results in cost savings over
a two-year period following the commencement of the program, provided
that such a program is approved by the director of financial
management.
Agencies participating in this authorization may offer voluntary
retirement, separation, and/or downshifting incentives and options
according to procedures and guidelines established by the office of
financial management, in consultation with the department of personnel
and the department of retirement systems. The options may include, but
are not limited to, financial incentives for: Voluntary separation or
retirement, voluntary leave-without-pay, voluntary workweek or work
hour
reduction, voluntary downward movement, or temporary separation
for development purposes. An employee does not have a contractual
right to a financial incentive offered pursuant to this section.
Offers must be reviewed and monitored jointly by the department of
personnel and the department of retirement systems. Agencies are
required to submit a report by June 30, 2013, to the legislature and
the office of financial management on the outcome of their approved
incentive program. The report must include information on the details
of the program, including resulting service delivery changes, agency
efficiencies, the cost of the incentive per participant, the total cost
to the state, and the projected or actual net dollar savings over the
2011-2013 fiscal biennium.
*NEW SECTION. Sec. 610 (1) The department of transportation shall
provide a report to the joint transportation committee by August 1,
2011, providing recommendations on the department's future business
model, staffing scenarios, and methods of program and project delivery.
The report must:
(a) Detail the sustainable staffing level by program to deliver
core functions of the department in the context of forecasted resources
as of March 2011;
(b) Analyze the effect new funding scenarios would have on the
sustainable staffing levels for core functions and recommend
appropriate staffing levels;
(c) Describe how the department's sustainable staffing levels would
be affected by new funding scenarios and any other actions the
department would need to deliver the program associated with the new
funding; and
(d) Evaluate alternative program and project delivery methods to
improve efficiency and effectiveness and provide recommendations on
legislative changes, if necessary, for their implementation.
(2) The department shall provide stakeholder involvement
opportunities in the development of the report. There must be a
minimum of two such meetings: One for the purpose of providing
contextual and background information; and a second for review and
comment of conclusions and recommendations. Stakeholders must include
labor, private engineering contractors, general business interests,
representatives of various transportation modes, and others groups as
appropriate.
*Sec. 610 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 611 FOR THE DEPARTMENT OF TRANSPORTATION
The department is given the authority to provide up to $3,000,000
in toll credits to Kitsap transit for its role in new passenger-only
ferry service and ferry corridor-related projects. The number of toll
credits provided to Kitsap transit must be equal to, but no more than,
the number sufficient to meet federal match requirements for grant
funding for passenger-only ferry service, but shall not exceed the
amount authorized in this section.
Sec. 701 RCW 47.29.170 and 2009 c 470 s 702 are each amended to
read as follows:
Before accepting any unsolicited project proposals, the commission
must adopt rules to facilitate the acceptance, review, evaluation, and
selection of unsolicited project proposals. These rules must include
the following:
(1) Provisions that specify unsolicited proposals must meet
predetermined criteria;
(2) Provisions governing procedures for the cessation of
negotiations and consideration;
(3) Provisions outlining that unsolicited proposals are subject to
a two-step process that begins with concept proposals and would only
advance to the second step, which are fully detailed proposals, if the
commission so directed;
(4) Provisions that require concept proposals to include at least
the following information: Proposers' qualifications and experience;
description of the proposed project and impact; proposed project
financing; and known public benefits and opposition; and
(5) Provisions that specify the process to be followed if the
commission is interested in the concept proposal, which must include
provisions:
(a) Requiring that information regarding the potential project
would be published for a period of not less than thirty days, during
which time entities could express interest in submitting a proposal;
(b) Specifying that if letters of interest were received during the
thirty days, then an additional sixty days for submission of the fully
detailed proposal would be allowed; and
(c) Procedures for what will happen if there are insufficient
proposals submitted or if there are no letters of interest submitted in
the appropriate time frame.
The commission may adopt other rules as necessary to avoid
conflicts with existing laws, statutes, or contractual obligations of
the state.
The commission may not accept or consider any unsolicited proposals
before July 1, ((2011)) 2013.
NEW SECTION. Sec. 702 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 account 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.
Sec. 703 RCW 46.18.060 and 2010 1st sp.s. c 7 s 94 and 2010 c 161
s 604 are each reenacted and amended to read as follows:
(1) The department must review and either approve or reject special
license plate applications submitted by sponsoring organizations.
(2) Duties of the department include, but are not limited to, the
following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the ((senate and house
transportation committees)) joint transportation committee;
(b) Report annually to the ((senate and house of representatives
transportation committees)) joint transportation committee on the
special license plate applications that were considered by the
department;
(c) Issue approval and rejection notification letters to sponsoring
organizations, the department, the ((chairs of the senate and house of
representatives transportation committees)) executive committee of the
joint transportation committee, and the legislative sponsors identified
in each application. The letters must be issued within seven days of
making a determination on the status of an application; and
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The department may
submit a recommendation to discontinue a special plate series to the
((chairs of the senate and house of representatives transportation
committees)) executive committee of the joint transportation committee.
(3) Except as provided in RCW 46.18.245, in order to assess the
effects and impact of the proliferation of special license plates, the
legislature declares a temporary moratorium on the issuance of any
additional plates until July 1, ((2011)) 2013. During this period of
time, the department is prohibited from accepting, reviewing,
processing, or approving any applications. Additionally, a special
license plate may not be enacted by the legislature during the
moratorium, unless the proposed license plate has been approved by the
former special license plate review board before February 15, 2005.
Sec. 704 RCW 46.63.170 and 2010 c 161 s 1127 are each amended to
read as follows:
(1) The use of automated traffic safety cameras for issuance of
notices of infraction is subject to the following requirements:
(a) The appropriate local legislative authority must first enact an
ordinance allowing for their use to detect one or more of the
following: Stoplight, railroad crossing, or school speed zone
violations. At a minimum, the local ordinance must contain the
restrictions described in this section and provisions for public notice
and signage. Cities and counties using automated traffic safety
cameras before July 24, 2005, are subject to the restrictions described
in this section, but are not required to enact an authorizing
ordinance.
(b) Use of automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones
only.
(c) During the ((2009-2011)) 2011-2013 fiscal biennium, automated
traffic safety cameras may be used to detect speed violations for the
purposes of ((section 201(2), chapter 470, Laws of 2009)) section
201(2) of this act if the local legislative authority first enacts an
ordinance authorizing the use of cameras to detect speed violations.
(d) 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.
(e) A notice of infraction must be mailed to the registered owner
of the vehicle within fourteen days of the violation, or to the renter
of a vehicle within fourteen days of establishing the renter's name and
address under subsection (3)(a) of this section. The law enforcement
officer issuing the notice of infraction shall include with it a
certificate or facsimile thereof, based upon inspection of photographs,
microphotographs, or electronic images produced by an automated traffic
safety camera, stating the facts supporting the notice of infraction.
This certificate or facsimile is prima facie evidence of the facts
contained in it and is admissible in a proceeding charging a violation
under this chapter. The photographs, microphotographs, or electronic
images evidencing the violation must be available for inspection and
admission into evidence in a proceeding to adjudicate the liability for
the infraction. A person receiving a notice of infraction based on
evidence detected by an automated traffic safety camera may respond to
the notice by mail.
(f) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(e) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a rental
car business, satisfies the conditions under subsection (3) of this
section. If appropriate under the circumstances, a renter identified
under subsection (3)(a) of this section is responsible for an
infraction.
(g) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images prepared under this section are
for the exclusive use of law enforcement in the discharge of duties
under this section and are not open to the public and may not be used
in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer
than necessary to enforce this section.
(h) All locations where an automated traffic safety camera is used
must be clearly marked by placing signs in locations that clearly
indicate to a driver that he or she is entering a zone where traffic
laws are enforced by an automated traffic safety camera.
(i) If a county or city has established an authorized automated
traffic safety camera program under this section, the compensation paid
to the manufacturer or vendor of the equipment used must be based only
upon the value of the equipment and services provided or rendered in
support of the system, and may not be based upon a portion of the fine
or civil penalty imposed or the revenue generated by the equipment.
(2) 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 under this section shall
be processed in the same manner as parking infractions, including 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 for an infraction generated
through the use of an automated traffic safety camera shall not exceed
the amount of a fine issued for other parking infractions within the
jurisdiction.
(3) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction being issued under this section, provide a written notice to
the rental car business that a notice of infraction may be issued to
the rental car business if the rental car business does not, within
eighteen days of receiving the written notice, provide to the issuing
agency by return mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or
(b) A statement under oath that the business is unable to determine
who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction.
A statement provided under this subsection must be accompanied by a
copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
Timely mailing of this statement to the issuing law enforcement
agency relieves a rental car business of any liability under this
chapter for the notice of infraction.
(4) Nothing in this section prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
(b), or (c).
(5) For the purposes of this section, "automated traffic safety
camera" means a device that uses a vehicle sensor installed to work in
conjunction with an intersection traffic control system, a railroad
grade crossing control system, or a speed measuring device, and a
camera synchronized to automatically record one or more sequenced
photographs, microphotographs, or electronic images of the rear of a
motor vehicle at the time the vehicle fails to stop when facing a
steady red traffic control signal or an activated railroad grade
crossing control signal, or exceeds a speed limit in a school speed
zone as detected by a speed measuring device. During the ((2009-2011))
2011-2013 fiscal biennium, an automated traffic safety camera includes
a camera used to detect speed violations for the purposes of ((section
201(2), chapter 470, Laws of 2009)) section 201(2) of this act.
(6) During the ((2009-2011)) 2011-2013 fiscal biennium, this
section does not apply to automated traffic safety cameras for the
purposes of ((section 218(2), chapter 470, Laws of 2009)) section
216(5) of this act.
Sec. 705 RCW 46.63.160 and 2010 c 249 s 6 are each amended to
read as follows:
(1) This section applies only to civil penalties for nonpayment of
tolls detected through use of photo toll systems.
(2) Nothing in this section prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
(b), or (c).
(3) A notice of civil penalty may be issued by the department of
transportation when a toll is assessed through use of a photo toll
system and the toll is not paid by the toll payment due date, which is
eighty days from the date the vehicle uses the toll facility and incurs
the toll charge.
(4) Any registered owner or renter of a vehicle traveling upon a
toll facility operated under chapter 47.56 or 47.46 RCW is subject to
a civil penalty governed by the administrative procedures set forth in
this section when the vehicle incurs a toll charge and the toll is not
paid by the toll payment due date, which is eighty days from the date
the vehicle uses the toll facility and incurs the toll charge.
(5) Consistent with chapter 34.05 RCW, the department of
transportation shall develop an administrative adjudication process to
review appeals of civil penalties issued by the department of
transportation for toll nonpayment detected through the use of a photo
toll system under this section.
(6) The use of a photo toll system is subject to the following
requirements:
(a) Photo toll systems may take photographs, digital photographs,
microphotographs, videotapes, or other recorded images of the vehicle
and vehicle license plate only.
(b) A notice of civil penalty must include with it a certificate or
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape, or other recorded images produced by a
photo toll system, stating the facts supporting the notice of civil
penalty. This certificate or facsimile is prima facie evidence of the
facts contained in it and is admissible in a proceeding established
under subsection (5) of this section. The photographs, digital
photographs, microphotographs, videotape, or other recorded images
evidencing the toll nonpayment civil penalty must be available for
inspection and admission into evidence in a proceeding to adjudicate
the liability for the civil penalty.
(c) Notwithstanding any other provision of law, all photographs,
digital photographs, microphotographs, videotape, other recorded
images, or other records identifying a specific instance of travel
prepared under this chapter are for the exclusive use of the tolling
agency for toll collection and enforcement purposes and are not open to
the public and may not be used in a court in a pending action or
proceeding unless the action or proceeding relates to a civil penalty
under this chapter. No photograph, digital photograph,
microphotograph, videotape, other recorded image, or other record
identifying a specific instance of travel may be used for any purpose
other than toll collection or enforcement of civil penalties under this
section. Records identifying a specific instance of travel by a
specific person or vehicle must be retained only as required to ensure
payment and enforcement of tolls and to comply with state records
retention policies.
(d) All locations where a photo toll system is used must be clearly
marked by placing signs in locations that clearly indicate to a driver
that he or she is entering a zone where tolls are assessed and enforced
by a photo toll system.
(e) Within existing resources, the department of transportation
shall conduct education and outreach efforts at least six months prior
to activating an all-electronic photo toll system. Methods of outreach
shall include a department presence at community meetings in the
vicinity of a toll facility, signage, and information published in
local media. Information provided shall include notice of when all
electronic photo tolling shall begin and methods of payment.
Additionally, the department shall provide quarterly reporting on
education and outreach efforts and other data related to the issuance
of civil penalties.
(7) Civil penalties for toll nonpayment detected through the use of
photo toll systems must be issued to the registered owner of the
vehicle identified by the photo toll system, but are not part of the
registered owner's driving record under RCW 46.52.101 and 46.52.120.
(8) The civil penalty for toll nonpayment detected through the use
of a photo toll system is forty dollars plus the photo toll and
associated fees.
(9) Except as provided otherwise in this subsection, all civil
penalties, including the photo toll and associated fees, collected
under this section must be deposited into the toll facility account of
the facility on which the toll was assessed. However, ((beginning on
July 1, 2011)) through June 30, 2013, civil penalties deposited into
the Tacoma Narrows toll bridge account created under RCW 47.56.165 that
are in excess of amounts necessary to support the toll adjudication
process applicable to toll collection on the Tacoma Narrows bridge must
first be allocated toward repayment of operating loans and reserve
payments provided to the account from the motor vehicle account under
section 1005(15), chapter 518, Laws of 2007. Additionally, all civil
penalties, resulting from nonpayment of tolls on the state route number
520 corridor, shall be deposited into the state route number 520 civil
penalties account created under section 4, chapter 248, Laws of 2010
but only if chapter 248, Laws of 2010 is enacted by June 30, 2010.
(10) If the registered owner of the vehicle is a rental car
business, the department of transportation shall, before a toll bill is
issued, provide a written notice to the rental car business that a toll
bill may be issued to the rental car business if the rental car
business does not, within thirty days of the mailing of the written
notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the toll
was assessed; or
(b) A statement under oath that the business is unable to determine
who was driving or renting the vehicle at the time the toll was
assessed because the vehicle was stolen at the time the toll was
assessed. A statement provided under this subsection must be
accompanied by a copy of a filed police report regarding the vehicle
theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing agency relieves a
rental car business of any liability under this section for the payment
of the toll.
(11) Consistent with chapter 34.05 RCW, the department of
transportation shall develop rules to implement this section.
(12) For the purposes of this section, "photo toll system" means
the system defined in RCW 47.56.010 and 47.46.020.
*Sec. 706 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.
(6) During the 2011-2013 fiscal biennium, this section does not
apply to fuel purchased by the Washington state ferries.
*Sec. 706 was vetoed. See message at end of chapter.
Sec. 707 RCW 43.19.534 and 2009 c 470 s 717 are each amended to
read as follows:
(1) State agencies, the legislature, and departments shall purchase
for their use all goods and services required by the legislature,
agencies, or departments that are produced or provided in whole or in
part from class II inmate work programs operated by the department of
corrections through state contract. These goods and services shall not
be purchased from any other source unless, upon application by the
department or agency: (a) The department of general administration
finds that the articles or products do not meet the reasonable
requirements of the agency or department, (b) are not of equal or
better quality, or (c) the price of the product or service is higher
than that produced by the private sector. However, the criteria
contained in (a), (b), and (c) of this section for purchasing goods and
services from sources other than correctional industries do not apply
to goods and services produced by correctional industries that
primarily replace goods manufactured or services obtained from outside
the state. The department of corrections and department of general
administration shall adopt administrative rules that implement this
section.
(2) During the 2009-2011 and 2011-2013 fiscal ((biennium)) biennia,
and in conformance with section 223(11), chapter 470, Laws of 2009 and
section 221(2) of this act, this section does not apply to the purchase
of uniforms by the Washington state ferries.
Sec. 708 RCW 47.01.380 and 2009 c 470 s 705 are each amended to
read as follows:
The department shall not commence construction on any part of the
state route number 520 bridge replacement and HOV project until a
record of decision has been reached providing reasonable assurance that
project impacts will be avoided, minimized, or mitigated as much as
practicable to protect against further adverse impacts on neighborhood
environmental quality as a result of repairs and improvements made to
the state route number 520 bridge and its connecting roadways, and that
any such impacts will be addressed through engineering design choices,
mitigation measures, or a combination of both. The requirements of
this section shall not apply to off-site pontoon construction
supporting the state route number 520 bridge replacement and HOV
project. The requirements of this section shall not apply during the
2009-2011 and 2011-2013 fiscal ((biennium)) biennia.
Sec. 709 RCW
47.56.403 and 2005 c 312 s 3 are each amended to
read as follows:
(1) The department may provide for the establishment, construction,
and operation of a pilot project of high occupancy toll lanes on state
route 167 high occupancy vehicle lanes within King county. The
department may issue, buy, and redeem bonds, and deposit and expend
them; secure and remit financial and other assistance in the
construction of high occupancy toll lanes, carry insurance, and handle
any other matters pertaining to the high occupancy toll lane pilot
project.
(2) Tolls for high occupancy toll lanes will be established as
follows:
(a) The schedule of toll charges for high occupancy toll lanes must
be established by the transportation commission and collected in a
manner determined by the commission.
(b) Toll charges shall not be assessed on transit buses and vanpool
vehicles owned or operated by any public agency.
(c) The department shall establish performance standards for the
state route 167 high occupancy toll lane pilot project. The department
must automatically adjust the toll charge, using dynamic tolling, to
ensure that toll-paying single-occupant vehicle users are only
permitted to enter the lane to the extent that average vehicle speeds
in the lane remain above forty-five miles per hour at least ninety
percent of the time during peak hours. The toll charge may vary in
amount by time of day, level of traffic congestion within the highway
facility, vehicle occupancy, or other criteria, as the commission may
deem appropriate. The commission may also vary toll charges for
single-occupant inherently low-emission vehicles such as those powered
by electric batteries, natural gas, propane, or other clean burning
fuels.
(d) The commission shall periodically review the toll charges to
determine if the toll charges are effectively maintaining travel time,
speed, and reliability on the highway facilities.
(3) The department shall monitor the state route 167 high occupancy
toll lane pilot project and shall annually report to the transportation
commission and the legislature on operations and findings. At a
minimum, the department shall provide facility use data and review the
impacts on:
(a) Freeway efficiency and safety;
(b) Effectiveness for transit;
(c) Person and vehicle movements by mode;
(d) Ability to finance improvements and transportation services
through tolls; and
(e) The impacts on all highway users. The department shall analyze
aggregate use data and conduct, as needed, separate surveys to assess
usage of the facility in relation to geographic, socioeconomic, and
demographic information within the corridor in order to ascertain
actual and perceived questions of equitable use of the facility.
(4) The department shall modify the pilot project to address
identified safety issues and mitigate negative impacts to high
occupancy vehicle lane users.
(5) Authorization to impose high occupancy vehicle tolls for the
state route 167 high occupancy toll pilot project expires if either of
the following two conditions apply:
(a) If no contracts have been let by the department to begin
construction of the toll facilities associated with this pilot project
within four years of July 24, 2005; or
(b) ((Four years after toll collection begins under this section))
If high occupancy vehicle tolls are being collected on June 30, 2013.
(6) The department of transportation shall adopt rules that allow
automatic vehicle identification transponders used for electronic toll
collection to be compatible with other electronic payment devices or
transponders from the Washington state ferry system, other public
transportation systems, or other toll collection systems to the extent
that technology permits.
(7) The conversion of a single existing high occupancy vehicle lane
to a high occupancy toll lane as proposed for SR-167 must be taken as
the exception for this pilot project.
(8) A violation of the lane restrictions applicable to the high
occupancy toll lanes established under this section is a traffic
infraction.
(9) Procurement activity associated with this pilot project shall
be open and competitive in accordance with chapter 39.29 RCW.
Sec. 710 RCW 47.28.030 and 2010 c 283 s 9 and 2010 c 5 s 11 are
each reenacted and amended to read as follows:
(1)(a) A state highway shall be constructed, altered, repaired, or
improved, and improvements located on property acquired for
right-of-way purposes may be repaired or renovated pending the use of
such right-of-way for highway purposes, by contract or state forces.
The work or portions thereof may be done by state forces when the
estimated costs thereof are less than fifty thousand dollars and
effective July 1, 2005, sixty thousand dollars.
(b) When delay of performance of such work would jeopardize a state
highway or constitute a danger to the traveling public, the work may be
done by state forces when the estimated cost thereof is less than
eighty thousand dollars and effective July 1, 2005, one hundred
thousand dollars.
(c) When the department of transportation determines to do the work
by state forces, it shall enter a statement upon its records to that
effect, stating the reasons therefor.
(d) To enable a larger number of small businesses and veteran,
minority, and women contractors to effectively compete for department
of transportation contracts, the department may adopt rules providing
for bids and award of contracts for the performance of work, or
furnishing equipment, materials, supplies, or operating services
whenever any work is to be performed and the engineer's estimate
indicates the cost of the work would not exceed eighty thousand dollars
and effective July 1, 2005, one hundred thousand dollars.
(2) The rules adopted under this section:
(a) Shall provide for competitive bids to the extent that
competitive sources are available except when delay of performance
would jeopardize life or property or inconvenience the traveling
public; and
(b) Need not require the furnishing of a bid deposit nor a
performance bond, but if a performance bond is not required then
progress payments to the contractor may be required to be made based on
submittal of paid invoices to substantiate proof that disbursements
have been made to laborers, material suppliers, mechanics, and
subcontractors from the previous partial payment; and
(c) May establish prequalification standards and procedures as an
alternative to those set forth in RCW 47.28.070, but the
prequalification standards and procedures under RCW 47.28.070 shall
always be sufficient.
(3) The department of transportation shall comply with such goals
and rules as may be adopted by the office of minority and women's
business enterprises to implement chapter 39.19 RCW with respect to
contracts entered into under this chapter. The department may adopt
such rules as may be necessary to comply with the rules adopted by the
office of minority and women's business enterprises under chapter 39.19
RCW.
(4)(a) For the period of March 15, 2010, through June 30, ((2011))
2013, work for less than one hundred twenty thousand dollars may be
performed on ferry vessels and terminals by state forces.
(b) The department shall hire a disinterested, third party to
conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement
projects. The analysis must include options that consider
consolidating work while vessels are at shipyards by having state
forces perform services traditionally performed at Eagle Harbor at the
shipyard and decreasing the allowable time at shipyards. The analysis
must also compare the out-of-service vessel times of performing
services by state forces versus contracting out those services which in
turn must be used to form a recommendation as to what the threshold of
work performed on ferry vessels and terminals by state forces should
be. This analysis must be presented to the transportation committees
of the senate and house of representatives by December 1, 2010.
(c) The department shall develop a proposed ferry vessel
maintenance, preservation, and improvement program and present it to
the transportation committees of the senate and house of
representatives by December 1, 2010. The proposed program must:
(i) Improve the basis for budgeting vessel maintenance,
preservation, and improvement costs and for projecting those costs into
a sixteen-year financial plan;
(ii) Limit the amount of planned out-of-service time to the
greatest extent possible, including options associated with department
staff as well as commercial shipyards; and
(iii) Be based on the service plan in the capital plan, recognizing
that vessel preservation and improvement needs may vary by route.
(d) In developing the proposed ferry vessel maintenance,
preservation, and improvement program, the department shall consider
the following, related to reducing vessel out-of-service time:
(i) The costs compared to benefits of Eagle Harbor repair and
maintenance facility operations options to include staffing costs and
benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including
the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing
preservation or maintenance work, or both, while the vessel is
underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation,
and improvement program contracting process and contractual
requirements;
(v) The costs compared to benefits of allowing for increased costs
associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of
proposed projects and other projects planned during the same
construction period;
(vii) Coordination with required United States coast guard dry
dockings;
(viii) A method for comparing how proposed projects relate to the
service requirements of the route on which the vessel normally
operates; and
(ix) A method for evaluating the ongoing maintenance and
preservation costs associated with proposed improvement projects.
Sec. 711 RCW 43.105.330 and 2006 c 76 s 2 are each amended to
read as follows:
(1) The board shall appoint a state interoperability executive
committee, the membership of which must include, but not be limited to,
representatives of the military department, the Washington state
patrol, the department of transportation, the department of information
services, the department of natural resources, city and county
governments, state and local fire chiefs, police chiefs, and sheriffs,
and state and local emergency management directors. The chair and
legislative members of the board will serve as nonvoting ex officio
members of the committee. Voting membership may not exceed fifteen
members.
(2) The chair of the board shall appoint the chair of the committee
from among the voting members of the committee.
(3) The state interoperability executive committee has the
following responsibilities:
(a) Develop policies and make recommendations to the board for
technical standards for state wireless radio communications systems,
including emergency communications systems. The standards must
address, among other things, the interoperability of systems, taking
into account both existing and future systems and technologies;
(b) Coordinate and manage on behalf of the board the licensing and
use of state-designated and state-licensed radio frequencies, including
the spectrum used for public safety and emergency communications, and
serve as the point of contact with the federal communications
commission on matters relating to allocation, use, and licensing of
radio spectrum;
(c) ((Coordinate the purchasing of all state wireless radio
communications system equipment to ensure that:)) Seek support, including possible federal or other funding,
for state-sponsored wireless communications systems;
(i) After the transition from a radio over internet protocol
network, any new trunked system shall be, at a minimum, project-25;
(ii) Any new system that requires advanced digital features shall
be, at a minimum, project-25; and
(iii) Any new system or equipment purchases shall be, at a minimum,
upgradeable to project-25;
(d)
(((e))) (d) Develop recommendations for legislation that may be
required to promote interoperability of state wireless communications
systems;
(((f))) (e) Foster cooperation and coordination among public safety
and emergency response organizations;
(((g))) (f) Work with wireless communications groups and
associations to ensure interoperability among all public safety and
emergency response wireless communications systems; and
(((h))) (g) Perform such other duties as may be assigned by the
board to promote interoperability of wireless communications systems.
(4) During the 2011-2013 fiscal biennium, the requirement that any
state or local entity must purchase radios or communication systems
that are the P25 communication standard is suspended.
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, except to the extent provided in
subsection (11) of this section and RCW 47.64.270(4), 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 (11) 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) 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.
(11)(a) For the collective bargaining agreements negotiated for the
2011-2013 fiscal biennium, the legislature may consider a request for
funds to implement a collective bargaining agreement even if the
request for funds was not received by the office of financial
management by October 1st and was not transmitted to the legislature as
part of the governor's budget document submitted under RCW 43.88.030
and 43.88.060.
(b) 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. 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.
(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.
(4) 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 collective bargaining
agreement under this chapter regarding health care benefits.
*Sec. 714 RCW 47.64.280 and 2010 c 283 s 14 are each amended to
read as follows:
(1) There is created the marine employees' commission. The
governor shall appoint the commission with the consent of the senate.
The commission shall consist of three members: One member to be
appointed from labor, one member from industry, and one member from the
public who has significant knowledge of maritime affairs. The public
member shall be chair of the commission. One of the original members
shall be appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors shall be
appointed for terms of five years each, except that any person chosen
to fill a vacancy shall be appointed only for the unexpired term of the
member whom he or she succeeds. Commission members are eligible for
reappointment. Any member of the commission may be removed by the
governor, upon notice and hearing, for neglect of duty or malfeasance
in office, but for no other cause. Commission members are not eligible
for state retirement under chapter 41.40 RCW by virtue of their service
on the commission. Members of the commission shall be compensated in
accordance with RCW 43.03.250 and shall receive reimbursement for
official travel and other expenses at the same rate and on the same
terms as provided for the transportation commission by RCW 47.01.061.
The payments shall be made from the Puget Sound ferry operations
account.
(2) The commission shall: (a) Adjust all complaints, grievances,
and disputes between labor and management arising out of the operation
of the ferry system as provided in RCW 47.64.150; (b) provide for
impasse mediation as required in RCW 47.64.210; and (c) perform those
duties required in RCW 47.64.300. However, through June 30, 2013, the
commission's duties identified in this subsection are subject to the
availability of amounts appropriated for these specific purposes.
(3)(a) In adjudicating all complaints, grievances, and disputes,
the party claiming labor disputes shall, in writing, notify the
commission, which shall make careful inquiry into the cause thereof and
issue an order advising the ferry employee, or the ferry employee
organization representing him or her, and the department of
transportation, as to the decision of the commission.
(b) The parties are entitled to offer evidence relating to disputes
at all hearings conducted by the commission. The orders and awards of
the commission are final and binding upon any ferry employee or
employees or their representative affected thereby and upon the
department.
(c) The commission shall adopt rules of procedure under chapter
34.05 RCW.
(d) The commission has the authority to subpoena any ferry employee
or employees, or their representatives, and any member or
representative of the department, and any witnesses. The commission
may require attendance of witnesses and the production of all pertinent
records at any hearings held by the commission. The subpoenas of the
commission are enforceable by order of any superior court in the state
of Washington for the county within which the proceeding may be
pending. The commission may hire staff as necessary, appoint
consultants, enter into contracts, and conduct studies as reasonably
necessary to carry out this chapter.
*Sec. 714 was vetoed. See message at end of chapter.
Sec. 715 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. 716 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)) 2011-2013 fiscal biennium, 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. 717 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. 718 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.
Sec. 719 RCW 46.68.220 and 2010 c 161 s 807 are each amended to
read as follows:
The department of licensing services account is created in the
motor vehicle fund. All receipts from service fees received under RCW
46.17.025 must be deposited into the account. Moneys in the account
may be spent only after appropriation. Expenditures from the account
may be used only for:
(1) Information and service delivery systems for the department;
(2) Reimbursement of county licensing activities; and
(3) County auditor or other agent and subagent support including,
but not limited to, the replacement of department-owned equipment in
the possession of county auditors or other agents and subagents
appointed by the director. During the ((2007-2009 and 2009-2011))
2011-2013 fiscal ((biennia)) biennium, the legislature may transfer
from the department of licensing services account such amounts as
reflect the excess fund balance of the account.
Sec. 720 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. Funds transferred must be used solely for
capital expenditures for the state route number 520 bridge replacement
and HOV project (8BI1003).
(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. 721 RCW 46.68.--- and 2011 c ... (SHB 1897) s 1 are each
amended to read as follows:
(1) The rural mobility grant program account is 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 section 2 ((of this act)), chapter ... (SHB
1897), Laws of 2011.
(2) Beginning September 2011, 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 rural
mobility grant program account two million five hundred thousand
dollars.
(3) During the 2011-2013 fiscal biennium, the legislature may
transfer from the rural mobility grant program account to the
multimodal transportation account such amounts as reflect the excess
fund balance of the rural mobility grant program account.
*NEW SECTION. Sec. 722 2010 c 161 s 1126 is repealed.
*Sec. 722 was vetoed. See message at end of chapter.
Sec. 801 2010 c 247 s 205 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,328,000))
$2,157,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . (($112,000))
$111,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($2,440,000))
$2,268,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify the schedule of fares for the Washington state ferry
system. The transportation commission may increase ferry fares,
except no fare schedule modifications may be made prior to September 1,
2009. For purposes of this subsection, "modify" includes increases or
decreases to the schedule.
(2) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify 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. For purposes of this subsection, "modify"
includes increases or decreases to the schedule.
(3) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium,
the transportation commission shall periodically review and, if
necessary, modify 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. For purposes
of this subsection, "modify" includes increases or decreases to the
schedule.
(4) The commission may name state ferry vessels consistent with its
authority to name state transportation facilities under RCW 47.01.420.
When naming or renaming state ferry vessels, the commission shall
investigate selling the naming rights and shall make recommendations to
the legislature regarding this option.
(5) $350,000 of the motor vehicle account--state appropriation is
provided solely for consultant support services to assist the
commission in updating the statewide transportation plan. The updated
plan must be submitted to the legislature by December 1, 2010.
(6) If the commission considers implementing a ferry fuel
surcharge, it must first submit an analysis and business plan to the
office of financial management and either the joint transportation
committee or the transportation committees of the legislature. The
commission may impose a ferry fuel surcharge effective July 1, 2011.
When implementing a ferry fuel surcharge, the commission must regard
ferry fuel surcharges as fare policy changes and thus, ferry fuel
surcharges should be included in all public procedures and processes
currently used for fare pricing per RCW 47.60.290.
(7) The commission shall work with the department of
transportation's economic partnerships (Program K) in conducting a best
practices review of nontoll, public-private partnerships. The purpose
of this review is to identify the policies and procedures that would be
appropriate for application in Washington state. The commission must
report its findings and recommendations, including draft legislation if
warranted, to the house of representatives and senate transportation
committees by January 2011.
(8) As part of its development of the statewide transportation
plan, the commission shall review prioritized projects, including
preservation and maintenance projects, from regional transportation and
metropolitan planning organizations to identify statewide
transportation needs. The review should include a brief description
and status of each project along with the funding required and
associated timeline from start to completion. The commission shall
submit the review, along with recommendations, to the house of
representatives and senate transportation committees by January 2011.
Sec. 802 2010 c 247 s 207 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL -- FIELD OPERATIONS BUREAU
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . (($227,958,000))
$224,558,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $10,903,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . (($867,000))
$939,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($239,728,000))
$236,400,000
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
shall 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, and 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 since the
aviation section will no longer be part of the Washington state patrol
cost allocation system as of July 1, 2009.
(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) During the 2009-11 fiscal biennium, the Washington state patrol
shall continue to perform traffic accident investigations on Thurston
county roads, and shall work with the county to transition the traffic
accident investigations on Thurston county roads to the county by July
1, 2011.
(4) Within existing resources, the Washington state patrol shall
make every reasonable effort to increase the enrollment in each academy
class that commences during the 2009-11 fiscal biennium to fifty-five
cadets.
(5) The Washington state patrol shall collaborate with the
Washington traffic safety commission to develop and implement the
target zero trooper pilot program referenced in section 201 of this
act.
(6) $370,000 of the state patrol highway account--state
appropriation is provided solely for costs associated with the pilot
program described under section 218(2) of this act. The Washington
state patrol may incur costs related only to the assignment of cadets
and necessary computer equipment and to the reimbursement of the
Washington state department of transportation for contract costs. The
appropriation in this subsection must be funded from the portion of the
automated traffic safety camera fines deposited into the state patrol
highway account; however, if the fines deposited into the state patrol
highway account from automated traffic safety camera infractions do not
reach three hundred seventy thousand dollars, the department of
transportation shall remit funds necessary to the Washington state
patrol to ensure the completion of the pilot program. The Washington
state patrol may not incur overtime as a result of this pilot program.
The Washington state patrol shall not assign troopers to operate or
deploy the pilot program equipment used in the roadway construction
zones.
(7) If, as a result of lower than average rate of attrition among
troopers, the Washington state patrol postpones the year 2011 training
for trooper cadets beyond June 30, 2011, funding provided in section
207, chapter 470, Laws of 2009 for the class must be used to fund the
salaries and benefits associated with the existing commissioned
Washington state patrol troopers that are funded within the field
operations bureau.
(8) $2,832,000 of the state patrol highway account--state
appropriation is provided solely for the aerial traffic enforcement
program. The Washington state patrol shall evaluate the costs
associated with aerial traffic highway enforcement to determine if the
costs are accurately apportioned between the state patrol highway
account and the general fund. It is the intent of the legislature that
the state patrol highway account incurs costs that result only from
highway enforcement activities and that the general fund incurs costs
associated with the King Airs. The Washington state patrol shall
report the results of the evaluation to the legislature by June 30,
2010.
(9) For the remainder of the 2009-11 fiscal biennium, the
Washington state patrol shall continue to work with Island county on
traffic accident investigations.
(10) $3,601,000 of the state patrol highway account--state
appropriation is provided solely for the costs associated with a basic
trooper class.
(11) After May 1, 2011, unless specifically prohibited, the
Washington state patrol may transfer state patrol highway account--state appropriations for the 2009-2011 fiscal biennium between
operating programs after approval by the director of the office of
financial management. However, the state patrol shall not transfer
state moneys that are provided solely for a specified purpose.
Sec. 803 2010 c 247 s 208 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL -- INVESTIGATIVE SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($1,648,000))
$1,196,000
The appropriation in this section is subject to the following
conditions and limitations: After May 1, 2011, unless specifically
prohibited, the Washington state patrol may transfer state patrol
highway account--state appropriations for the 2009-2011 fiscal biennium
between operating programs after approval by the director of the office
of financial management. However, the state patrol shall not transfer
state moneys that are provided solely for a specified purpose.
Sec. 804 2010 c 247 s 209 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL -- TECHNICAL SERVICES BUREAU
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($108,560,000))
$105,488,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $2,510,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($111,070,000))
$107,998,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The Washington state patrol shall work with the risk management
division in the office of financial management in compiling the
Washington state patrol's data for establishing the agency's risk
management insurance premiums to the tort claims account. The office
of financial management and the Washington state patrol shall submit a
report to the legislative transportation committees by December 31st of
each year on the number of claims, estimated claims to be paid, method
of calculation, and the adjustment in the premium.
(2) (($10,425,000)) $10,676,000 of the total appropriation is
provided solely for automobile fuel in the 2009-11 fiscal biennium.
(3) $7,421,000 of the total appropriation is provided solely for
the purchase of pursuit vehicles.
(4) $6,611,000 of the total appropriation is provided solely for
vehicle repair and maintenance costs of vehicles used for highway
purposes.
(5) $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.
(6) The Washington state patrol may submit information technology-related requests for funding only if the patrol has coordinated with
the department of information services as required under section 601 of
this act.
(7) (($345,000 of the state patrol highway account--state
appropriation is provided solely for the implementation of Engrossed
Substitute House Bill No. 1445 (domestic partners/Washington state
patrol retirement system). If Engrossed Substitute House Bill No. 1445
is not enacted by June 30, 2009, the amount provided in this subsection
shall lapse)) After May 1, 2011, unless specifically prohibited, the
Washington state patrol may transfer state patrol highway account--state appropriations for the 2009-2011 fiscal biennium between
operating programs after approval by the director of the office of
financial management. However, the state patrol shall not transfer
state moneys that are provided solely for a specified purpose.
Sec. 805 2010 c 247 s 211 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND
MAINTENANCE -- PROGRAM B
High Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . (($2,852,000))
$2,732,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($575,000))
$2,945,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . $26,543,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($28,000,000))
$736,000
State Route Number 520 Civil Penalties
Account--State Appropriation . . . . . . . . . . . . (($2,130,000))
$130,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($60,100,000))
$33,086,000
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 work with the office of financial
management to review insurance coverage, deductibles, and limitations
on tolled facilities to assure that the assets are well protected at a
reasonable cost. Results from this review must be used to negotiate
any future new or extended insurance agreements.
(3) (($28,000,000)) $736,000 of the state route number 520 corridor
account--state appropriation is provided solely for the costs directly
related to tolling the state route number 520 floating bridge. ((Of
this amount, $8,000,000 must be retained in unallotted status, and may
only be released by the office of financial management after
consultation with the joint transportation committee.))
(4) The department shall consider transitioning to all electronic
tolling on the Tacoma Narrows bridge toll facility and discontinuing a
cash toll option.
(5) (($2,130,000)) $130,000 of the state route number 520 civil
penalties account--state appropriation and $140,000 of the Tacoma
Narrows toll bridge account--state appropriation are provided solely
for expenditures related to the toll adjudication process. The amount
provided in this subsection is contingent on the enactment by June 30,
2010, of either Engrossed Substitute Senate Bill No. 6499 or Substitute
House Bill No. 2897; however, if the enacted bill does not specify the
department as the toll penalty adjudicating agency, the amounts
provided in this subsection lapse.
(6) The department shall review, and revise where appropriate,
current signage and ingress/egress locations on the state route number
167 high occupancy toll lanes pilot project. The department shall
continue to work with the Washington state patrol on educating the
public on the rules of the road related to crossing a double white
line. The department shall continue to monitor the performance of the
high occupancy toll lanes to ensure that driving conditions for high
occupancy vehicles that share these lanes are not significantly
changed.
(7) Up to $2,435,000 of the motor vehicle account--state
appropriation is provided solely as an expenditure reserve in the event
that toll revenue collection on the state route number 520 floating
bridge is delayed beyond April 2, 2011. This appropriation must remain
in unallotted status and may be released by the office of financial
management only to cover shortfalls in the state route number 520
corridor account due to delayed toll revenue collection in order to
support the activities funded in subsection (3) of this section.
Repayment from the state route number 520 corridor account to the motor
vehicle account regarding this appropriation is assumed in the
2011-2013 biennial transportation budget.
Sec. 806 2010 c 247 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM
C
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($2,675,000))
$2,425,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($68,650,000))
$67,546,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $240,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($2,676,000))
$2,426,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($74,604,000))
$73,000,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall consult with the office of financial
management and the department of information services to: (a) Ensure
that the department's current and future 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) (($1,216,000)) $966,000 of the transportation partnership
account--state appropriation and (($1,216,000)) $966,000 of the
transportation 2003 account (nickel account)--state appropriation are
provided solely for the department to develop a project management and
reporting system which is a collection of integrated tools for capital
construction project managers to use to perform all the necessary tasks
associated with project management. The department shall integrate
commercial off-the-shelf software with existing department systems and
enhanced approaches to data management to provide web-based access for
multi-level reporting and improved business work flows and reporting.
On a quarterly basis, the department shall report to the office of
financial management and the transportation committees of the
legislature on the status of the development and integration of the
system. At a minimum, the reports shall indicate the status of the
work as it compares to the work plan, any discrepancies, and proposed
adjustments necessary to bring the project back on schedule or budget
if necessary.
(3) The department may submit information technology-related
requests for funding only if the department has coordinated with the
department of information services as required under section 601 of
this act.
(4) $573,000 of the motor vehicle account--state appropriation is
provided solely for the department to maintain the investment in the
electronic fare system at Washington's ferry terminals. Investment in
the electronic fare system must include the following: Replacement of
critical hardware components that are at risk of failure;
implementation
of software to allow ORCA cards to be used for vehicles;
repair of the turnstiles to ensure that the turnstiles properly record
ORCA credit and debit card charges; and dedication of a communication
line for transmission of ORCA data to the clearinghouse.
Sec. 807 2010 c 247 s 213 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS
AND CONSTRUCTION -- PROGRAM D -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,292,000))
$24,639,000
Sec. 808 2010 c 247 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($5,960,000))
$5,761,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,110,000))
$7,911,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $50,000 of the aeronautics account--state appropriation is a
reappropriation provided solely to pay any outstanding obligations of
the aviation planning council, which expires July 1, 2009.
(2) $150,000 of the aeronautics account--state appropriation is a
reappropriation provided solely to complete runway preservation
projects.
(3) Within the amounts provided in this section, the department
shall develop guidelines setting forth consultation procedures and a
process to assist counties and cities to identify land uses that may be
incompatible with airports and aircraft operations, and to encourage
and facilitate the adoption and implementation of comprehensive plan
policies and development regulations consistent with RCW 36.70.547 and
36.70A.510.
Sec. 809 2010 c 247 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND
SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($49,331,000))
$45,219,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($50,081,000))
$45,969,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department shall develop a plan for all current and future
surplus property parcels based on the recommendations from the surplus
property legislative work group that were presented to the senate
transportation committee on February 26, 2009. The plan must include,
at a minimum, strategies for maximizing the number of parcels sold, a
schedule that optimizes proceeds, a recommended cash discount, a plan
to report to the joint transportation committee, a recommendation for
regional incentives, and a recommendation for equivalent value
exchanges. This plan must accompany the department's 2010 supplemental
budget request. If the department determines that all or a portion of
real property or an interest in real property that was acquired through
condemnation within the previous ten years is no longer necessary for
a transportation purpose, the former owner has a right of repurchase as
described in this subsection. For the purposes of this subsection,
"former owner" means the person or entity from whom the department
acquired title. At least ninety days prior to the date on which the
property is intended to be sold by the department, the department must
mail notice of the planned sale to the former owner of the property at
the former owner's last known address or to a forwarding address if
that owner has provided the department with a forwarding address. If
the former owner of the property's last known address, or forwarding
address if a forwarding address has been provided, is no longer the
former owner of the property's address, the right of repurchase is
extinguished. If the former owner notifies the department within
thirty days of the date of the notice that the former owner intends to
repurchase the property, the department shall proceed with the sale of
the property to the former owner for fair market value and shall not
list
the property for sale to other owners. If the former owner does
not provide timely written notice to the department of the intent to
exercise a repurchase right, or if the sale to the former owner is not
completed within seven months of the date of notice that the former
owner intends to repurchase the property, the right of repurchase is
extinguished. By December 1, 2010, the department shall report to the
legislative transportation committees on the individuals and entities
eligible to receive surplus property provided in RCW 47.12.063 to
determine the frequency with which the department transfers property to
those individuals and entities and the implications to the department.
It is the intent of the legislature that the list of individuals and
entities eligible to receive surplus property be periodically evaluated
to determine whether the list is appropriate and provides utility to
the department.
(2) The legislature recognizes that the Dryden pit site (WSDOT
Inventory Control (IC) No. 2-04-00103) is unused state-owned real
property under the jurisdiction of the department of transportation,
and that the public would benefit significantly from the complete
enjoyment of the natural scenic beauty and recreational opportunities
available at the site. Therefore, pursuant to RCW 47.12.080, the
legislature declares that transferring the property to the department
of fish and wildlife for recreational use and fish and wildlife
restoration efforts is consistent with the public interest in order to
preserve the area for the use of the public and the betterment of the
natural environment. The department of transportation shall work with
the department of fish and wildlife, and shall transfer and convey the
Dryden pit site to the department of fish and wildlife as is for an
adjusted fair market value reflecting site conditions, the proceeds of
which must be deposited in the motor vehicle fund. The department of
transportation is not responsible for any costs associated with the
cleanup or transfer of this property. By July 1, 2010, and annually
thereafter until the entire Dryden pit property has been transferred,
the department shall submit a status report regarding the transaction
to the chairs of the legislative transportation committees.
(3) $3,175,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(4) 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.
Sec. 810 2010 c 247 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM
K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($673,000))
$643,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($200,000))
$90,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($873,000))
$733,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $200,000 of the multimodal transportation account--state
appropriation is 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) $50,000 of the motor vehicle account--state appropriation is
provided solely for the department to investigate the potential to
generate revenue from web site sponsorships and similar ventures and,
if feasible, pursue partnership opportunities.
(3) (($75,000)) $45,000 of the motor vehicle account--state
appropriation is 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,
which was prepared under subsection (2) of this section. 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.
Sec. 811 2010 c 247 s 217 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($347,645,000))
$349,778,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($5,797,000))
$7,997,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($360,442,000))
$364,775,000
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) The department shall request an unanticipated receipt for any
private or local funds received for reimbursements of third party
damages that are in excess of the motor vehicle account -- private/local
appropriation.
(4) $7,000,000 of the motor vehicle account--federal appropriation
is for unanticipated federal funds that may be received during the
2009-11 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) The department may incur costs related to the maintenance of
the decorative lights on the Tacoma Narrows bridge only if:
(a) The nonprofit corporation, narrows bridge lights organization,
maintains an account balance sufficient to reimburse the department for
all costs; and
(b) The department is reimbursed from the narrows bridge lights
organization within three months from the date any maintenance work is
performed. If the narrows bridge lights organization is unable to
reimburse the department for any future costs incurred, the lights must
be removed at the expense of the narrows bridge lights organization
subject to the terms of the contract.
(6) The department may work with the department of corrections to
utilize corrections crews for the purposes of litter pickup on state
highways.
(7) $650,000 of the motor vehicle account--state appropriation is
provided solely for increased asphalt costs.
(8) $16,800,000 of the motor vehicle account--state appropriation
is provided solely for the high priority maintenance backlog.
Addressing the maintenance backlog must result in increased levels of
service.
(9) $750,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(10) $317,000 of the motor vehicle account--state appropriation is
provided solely for maintaining a new active traffic management system
on Interstate 5, Interstate 90, and SR 520. The department shall track
the costs associated with these systems on a corridor basis and report
to the legislative transportation committees on the cost and benefits
of the system.
(11) $286,000 of the motor vehicle account--state appropriation is
provided solely for storm water assessment fees charged by local
governments.
(12) $835,000 of the motor vehicle account--state appropriation is
provided solely for disaster-related maintenance expenditures that the
department has incurred since the 2010 supplemental transportation
budget on state route number 97A and state route number 401.
Sec. 812 2010 c 247 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($51,128,000))
$49,764,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $127,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($53,305,000))
$51,941,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $2,400,000 of the motor vehicle account--state appropriation is
provided solely for low-cost enhancements. The department shall give
priority to low-cost enhancement projects that improve safety or
provide congestion relief. The department shall prioritize low-cost
enhancement projects on a statewide rather than regional basis. By
September 1st of each even-numbered year, the department shall provide
a report to the legislature listing all low-cost enhancement projects
prioritized on a statewide rather than regional basis completed in the
prior year.
(2) 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 2009-11 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 2009-11 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, 46.16.216, 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 automated traffic infraction
notice issued, along with instructions for its completion and use.
(3) The department shall implement a pilot project to evaluate the
benefits of using electronic traffic flagging devices. Electronic
traffic flagging devices must be tested by the department at multiple
sites and reviewed for efficiency and safety. The department shall
report to the transportation committees of the legislature on the best
use and practices involving electronic traffic flagging devices,
including recommendations for future use, by June 30, 2010.
(4) $173,000 of the motor vehicle account--state appropriation is
provided solely for the department to continue a pilot tow truck
incentive program and to expand the program to other areas of the
state. The department may provide incentive payments to towing
companies that meet clearance goals on accidents that involve heavy
trucks. The department shall report to the office of financial
management and the transportation committees of the legislature on the
effectiveness of the clearance goals and submit recommendations to
improve the pilot program with the department's 2010 supplemental
omnibus transportation appropriations act submittal. The tow truck
incentive program may continue to provide incentives for quick
clearance of traffic incidents involving large vehicles. The
department shall make recommendations as part of its biennial budget
proposal for expanding the use of the incentive program.
(5) $92,000 of the motor vehicle account--state appropriation is
provided solely for operating a new active traffic management system on
Interstate 5, Interstate 90, and SR 520. The department shall track
the costs associated with these systems on a corridor basis and report
to the legislative transportation committees on the cost and benefits
of the system.
(6) To the extent practicable, the department shall synchronize
traffic lights on state route number 161 in the vicinity of Puyallup.
(7) During the 2009-11 biennium, the department shall implement a
pilot program that expands private transportation providers' access to
high occupancy vehicle lanes. Under the pilot program, when the
department reserves a portion of a highway based on the number of
passengers in a vehicle, the following vehicles must be authorized to
use the reserved portion of the highway if the vehicle has the capacity
to carry eight or more passengers, regardless of the number of
passengers in the vehicle: (a) Auto transportation company vehicles
regulated under chapter 81.68 RCW; (b) passenger charter carrier
vehicles regulated under chapter 81.70 RCW, except marked or unmarked
stretch limousines and stretch sport utility vehicles as defined under
department rules; (c) private nonprofit transportation provider
vehicles regulated under chapter 81.66 RCW; and (d) private employer
transportation service vehicles. For purposes of this subsection,
"private employer transportation service" means regularly scheduled,
fixed-route transportation service that is offered by an employer for
the benefit of its employees. By June 30, 2011, the department shall
report to the transportation committees of the legislature on whether
private transportation provider use of high occupancy vehicle lanes
under the pilot program reduces the speeds of high occupancy vehicle
lanes. Nothing in this subsection is intended to authorize the
conversion of public infrastructure to private, for-profit purposes or
to otherwise create an entitlement or other claim by private users to
public infrastructure.
Sec. 813 2010 c 247 s 219 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND
SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($28,468,000))
$27,968,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $971,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $264,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($29,733,000))
$29,233,000
The appropriations in this section are subject to the following
conditions and limitations: $264,000 of the state route number 520
corridor account--state appropriation is provided solely for the costs
directly related to tolling the state route number 520 floating bridge.
This amount must be retained in unallotted status, and may only be
released by the office of financial management after consultation with
the joint transportation committee.
Sec. 814 2010 c 247 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA,
AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($25,955,000))
$25,384,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $22,002,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $1,090,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $3,287,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $99,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($52,433,000))
$51,862,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $150,000 of the motor vehicle account--federal appropriation is
provided solely for the costs to develop an electronic map-based
computer application that will enable law enforcement officers and
others to more easily locate collisions and other incidents in the
field.
(2) $400,000 of the multimodal transportation account--state
appropriation is provided solely for a diesel multiple unit feasibility
and initial planning study. The study must evaluate potential service
on the Stampede Pass line from Maple Valley to Auburn via Covington.
The study must evaluate the potential demand for service, the business
model and capital needs for launching and running the line, and the
need for improvements in switching, signaling, and tracking. The study
must also consider the interconnectivity benefits of, and potential
for,
future Amtrak Cascades stops in south King county and north Pierce
county. As part of its consideration, the department shall conduct a
thorough market analysis of the potential for adding or changing stops
on the Amtrak Cascades route. The department shall amend the scope,
schedule, and budget of the current study process to accommodate the
market analysis. A report on the study must be submitted to the
legislature by September 30, 2010.
(3) $365,000 of the motor vehicle account--state appropriation and
$81,000 of the motor vehicle account--federal appropriation are
provided solely for the development of a freight database to help guide
freight investment decisions and track project effectiveness. The
database must be based on truck movement tracked through geographic
information system technology. For the remainder of the biennium, the
department may expand data collection to any highways that have high
truck volumes. TransNow shall contribute additional federal funds that
are not appropriated in this act. The department shall work with the
freight mobility strategic investment board to implement this database.
(4) $2,000,000 of the motor vehicle account--state appropriation is
provided solely for scoping unfunded state highway projects to ensure
that a well-vetted project list is available for future program funding
discussions.
(a) It is the intent of the legislature that the funding provided
in this subsection support the development of transportation solutions
that benefit all state residents, including addressing the impacts of
traffic diversion from tolled facilities. It is further the intent of
the legislature that the buying power of future revenue packages is
maximized.
(b) Scoping work must be consistent with achieving transportation
system policy goals as stated in RCW 47.04.280.
(c) The department shall provide cost-effective design solutions
that achieve the desired functional outcomes. This may be achieved by
providing one or more design alternatives for legislative
consideration, based on a reasonable range of assumptions about traffic
volume and speeds.
(d) Prior to the commencement of the 2011 legislative session, the
department shall provide a report to the legislative transportation
committees and the office of financial management that includes
estimated costs and construction time frames.
(5) (($150,000)) $80,000 of the motor vehicle account--state
appropriation is 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.
(6) $500,000 of the multimodal transportation account--federal
appropriation is provided solely for continued support of the
International Mobility and Trade Corridor project and for the
department to work with the Whatcom council of governments to examine
potential improvements to international border freight and passenger
rail movement and the use of diesel multiple units.
(7) $80,000 of the motor vehicle account--state appropriation is
provided solely to continue existing work regarding feasibility of a
new interchange between Rochester and Harrison Avenue on Interstate 5.
Sec. 815 2010 c 247 s 221 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM
V
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . (($65,274,000))
$56,332,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($65,667,000))
$65,547,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,573,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,025,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($134,539,000))
$125,477,000
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 shall 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
shall be prorated based on the amount expended for demand response
service and route deviated service in calendar year 2007 as reported in
the "Summary of Public Transportation - 2007" published by the
department of transportation. 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) $8,500,000 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 - 2007" published by the department of
transportation. 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) $7,000,000 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) (($400,000)) $280,000 of the multimodal transportation
account--state appropriation is provided solely for a grant for a
flexible carpooling pilot project program to be administered and
monitored by the department. Funds are appropriated for one time only.
The pilot project program must: Test and implement at least one
flexible carpooling system in a high-volume commuter area that enables
carpooling without prearrangement; utilize technologies that, among
other things, allow for transfer of ride credits between participants;
and be a membership system that involves prescreening to ensure safety
of the participants. The program must include a pilot project that
targets commuter traffic on the state route number 520 bridge. The
department shall submit to the legislature by December 2010 a report on
the program results and any recommendations for additional flexible
carpooling programs.
(5) $3,318,000 of the multimodal transportation account--state
appropriation and (($21,248,000)) $17,778,000 of the regional mobility
grant program account--state appropriation are 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. The department shall
promptly close out grants when projects have been completed, and any
remaining funds available to the office of transit mobility must be
used only to fund projects on the LEAP Transportation Document 2006-D,
as developed March 8, 2006; the LEAP Transportation Document 2007-B, as
developed April 20, 2007; or the LEAP Transportation Document 2009-B,
as developed April 24, 2009. It is the intent of the legislature to
appropriate funds through the regional mobility grant program only for
projects that will be completed on schedule. However, the Chuckanut
park and ride project (101100G) is recognized as a crucial investment
in the transportation system. For this reason, the department shall
not
close out the grant for the Chuckanut park and ride project until
Skagit transit has exhausted all other pending opportunities for
federal and local funds. If additional funds cannot be secured, the
department shall consider this project a priority in the 2011-13 grant
process. The department shall make every effort to advance the
Chuckanut park and ride project within existing resources.
(6) (($33,429,000)) $32,882,000 of the regional mobility grant
program account--state appropriation is 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. 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 any remaining funds available to the
office of transit mobility must be used only to fund projects
identified in LEAP Transportation Document 2009-B, as developed April
24, 2009. The department shall provide annual status reports on
December 15, 2009, and December 15, 2010, to the office of financial
management and the transportation committees of the legislature
regarding the projects receiving the grants. It is the intent of the
legislature to appropriate funds through the regional mobility grant
program only for projects that will be completed on schedule.
(7) (($10,596,768)) $5,671,768 of the regional mobility grant
program account--state appropriation must be obligated no later than
December 31, 2010, and is provided solely for the following recommended
contingency regional mobility grant projects identified in the 2009-11
omnibus transportation appropriations act, LEAP Transportation Document
2009-B, as developed April 24, 2009, as follows:
(a) (($4,000,000)) $975,000 is provided solely for the
Rainier/Jackson transit priority corridor improvements;
(b) (($2,100,000)) $200,000 is provided solely for the state route
number 522 west city limits to Northeast 180th stage 2A (91st Ave NE to
west of 96th Ave NE) project; and
(c) $4,496,768 is provided solely for the sound transit express bus
expansion - Snohomish to King county project.
(8) $300,000 of the multimodal transportation account--state
appropriation is provided solely for a transportation demand management
program, developed by the Whatcom council of governments, to further
reduce drive-alone trips and maximize the use of sustainable
transportation choices. The community-based program must focus on all
trips, not only commute trips, by providing education, assistance, and
incentives to four target audiences: (a) Large work sites; (b)
employees of businesses in downtown areas; (c) school children; and (d)
residents of Bellingham.
(9) $130,000 of the multimodal transportation account-- state
appropriation is provided solely to the department to distribute to
support Engrossed Substitute House Bill No. 2072 (special needs
transportation).
(a) $80,000 of the amount provided in this subsection is provided
solely for implementation of the work group related to federal
requirements in section 1, chapter . . . (Engrossed Substitute House
Bill No. 2072), Laws of 2009.
(b) $50,000 of the amount provided in this subsection is provided
solely to support the pilot project to be developed or implemented by
the local coordinating coalition comprised of a single county,
described in sections 9, 10, and 11, chapter . . . (Engrossed
Substitute House Bill No. 2072), Laws of 2009. The department shall
assist the local coordinating coalition to seek funding sufficient to
fully fund the pilot project from a variety of sources including, but
not limited to, the regional transit authority serving the county, the
regional transportation planning organization serving the county, and
other appropriate state and federal agencies and grants. Development
or implementation of the pilot project is contingent on securing
funding sufficient to fully fund the pilot project.
(c) If Engrossed Substitute House Bill No. 2072 is not enacted by
June 30, 2009, the amount provided in this subsection (9) lapses. If
Engrossed Substitute House Bill No. 2072 is enacted by June 30, 2009,
but a commitment from other sources to fully fund the pilot project
described in (b) of this subsection has not been obtained by September
30, 2009, the amount provided in (b) of this subsection lapses.
(10) Funds provided for the commute trip reduction program may also
be used for the growth and transportation efficiency center program.
(11) 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 2009-11 fiscal biennium.
(12) $2,309,000 of the multimodal transportation account--state
appropriation is provided solely for the tri-county connection service
for Island, Skagit, and Whatcom transit agencies.
Sec. 816 2010 c 247 s 222 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($425,922,000))
$446,961,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) (($78,754,952)) $97,053,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for auto ferry vessel
operating fuel in the 2009-11 fiscal biennium. This appropriation is
contingent upon the enactment of sections 716 and 701 of this act. All
fuel purchased by the Washington state ferries at Harbor Island truck
terminal 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.
(2) To protect the waters of Puget Sound, the department shall
investigate nontoxic alternatives to fuel additives and other
commercial products that are used to operate, maintain, and preserve
vessels.
(3) If, after the department's review of fares and pricing
policies, the department proposes a fuel surcharge, the department must
evaluate other cost savings and fuel price stabilization strategies
that would be implemented before the imposition of a fuel surcharge.
The department shall report to the legislature and transportation
commission on its progress of implementing new fuel forecasting and
budgeting practices, price hedging contracts for fuel purchases, and
fuel conservation strategies by November 30, 2010.
(4) The department shall strive to significantly reduce the number
of injuries suffered by Washington state ferries employees. By
December 15, 2009, the department shall submit to the office of
financial management and the transportation committees of the
legislature its implementation plan to reduce such injuries.
(5) The department shall continue to provide service to Sidney,
British Columbia. The department may place a Sidney terminal departure
surcharge on fares for out of state residents riding the Washington
state ferry route that runs between Anacortes, Washington and Sidney,
British Columbia, if the cost for landing/license fee, taxes, and
additional amounts charged for docking are in excess of $280,000 CDN.
The surcharge must be limited to recovering amounts above $280,000 CDN.
(6) The department shall analyze operational solutions to enhance
service on the Bremerton to Seattle ferry run. The Washington state
ferries shall report its analysis to the transportation committees of
the legislature by December 1, 2009.
(7) The office of financial management budget instructions require
agencies to recast enacted budgets into activities. The Washington
state ferries shall include a greater level of detail in its 2011-13
omnibus transportation appropriations act request, as determined
jointly by the office of financial management, the Washington state
ferries, and the legislative transportation committees.
(8) (($4,794,000)) $6,116,000 of the Puget Sound ferry operations
account--state appropriation is provided solely for commercial
insurance for ferry assets. The office of financial management, after
consultation with the transportation committees of the legislature,
must present a business plan for the Washington state ferry system's
insurance coverage to the 2010 legislature. The business plan must
include a cost-benefit analysis of Washington state ferries' current
commercial insurance purchased for ferry assets and a review of self-insurance for noncatastrophic events.
(9) $1,100,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for a marketing program. The
department shall present a marketing program proposal to the
transportation committees of the legislature during the 2010
legislative session before implementing this program. Of this amount,
$10,000 is for the city of Port Townsend and $10,000 is for the town of
Coupeville for mitigation expenses related to only one vessel operating
on the Port Townsend/Keystone ferry route. The moneys provided to the
city of Port Townsend and town of Coupeville are not contingent upon
the required marketing proposal.
(10) $350,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for two extra trips per day during the
summer of 2009 season, beyond the current schedule, on the Port
Townsend/Keystone route.
(11) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(12) The legislature finds that measuring the performance of
Washington state ferries requires the measurement of quality,
timeliness, and unit cost of services delivered to customers.
Consequently, the department must develop a set of metrics that measure
that performance and report to the transportation committees of the
legislature and to the office of financial management on the
development of these measurements along with recommendations to the
2010 legislature on which measurements must become a part of the next
omnibus transportation appropriations act.
(13) As a priority task, the department is directed to propose a
comprehensive incident and accident investigation policy and
appropriate procedures, and to provide the proposal to the legislature
by November 1, 2009, using existing resources and staff expertise. In
addition to consulting with ferry system unions and the United States
coast guard, the Washington state ferries is encouraged to solicit
independent outside expertise on incident and accident investigation
best practices as they may be found in other organizations with a
similar concern for marine safety. It is the intent of the legislature
to enact the policies into law and to publish that law and procedures
as a manual for Washington state ferries' accident/incident
investigations. Until that time, the Washington state ferry system
must exercise particular diligence to assure that any incident or
accident investigations are conducted within the spirit of the
guidelines of this act. The proposed policy must contain, at a
minimum:
(a) The definition of an incident and an accident and the type of
investigation that is required by both types of events;
(b) The process for appointing an investigating officer or officers
and a description of the authorities and responsibilities of the
investigating officer or officers. The investigating officer or
officers must:
(i) Have the appropriate training and experience as determined by
the policy;
(ii) Not have been involved in the incident or accident so as to
avoid any conflict of interest;
(iii) Have full access to all persons, records, and relevant
organizations that may have information about or may have contributed
to, directly or indirectly, the incident or accident under
investigation, in compliance with any affected employee's or employees'
respective collective bargaining agreement and state laws and rules
regarding public disclosure under chapter 42.56 RCW;
(iv) Be provided with, if requested by the investigating officer or
officers, appropriate outside technical expertise; and
(v) Be provided with staff and legal support by the Washington
state ferries as may be appropriate to the type of investigation;
(c) The process of working with the affected employee or employees
in accordance with the employee's or employees' respective collective
bargaining agreement and the appropriate union officials, within
protocols afforded to all public employees;
(d) The process by which the United States coast guard is kept
informed of, interacts with, and reviews the investigation;
(e) The process for review, approval, and implementation of any
approved recommendations within the department; and
(f) The process for keeping the public informed of the
investigation and its outcomes, in compliance with any affected
employee's or employees' respective collective bargaining agreement and
state laws and rules regarding public disclosure under chapter 42.56
RCW.
(14) $7,300,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the purposes of travel time
associated with Washington state ferries employees. However, if
Engrossed Substitute House Bill No. 3209 (managing costs of ferry
system) is enacted by June 30, 2010, containing an appropriation for
purposes of travel time associated with Washington state ferries
employees, the amount provided in this subsection lapses.
(15) $50,000 of the Puget Sound ferry operations account--state
appropriation is provided solely to implement a mechanism to report on-time performance statistics.
(a) The department shall conduct a study to identify process
changes that would improve on-time performance on a route-by-route
basis. The study must include looking into the slowing down of vessels
for fuel economy purposes and touch-and-go sailings on peak runs. The
department shall report its findings to the transportation committees
of the senate and house of representatives by December 1, 2010.
(b) The department shall, by November 1, 2010, report to the
transportation committees of the legislature statistics regarding its
on-time arrival and departure status on a route-by-route and month-by-month basis, as well as an annual route-by-route and systemwide basis,
weighted by the number of customers on each sailing and distinguishing
peak period on-time performance. The statistics must include reasons
for any delays over ten minutes from the scheduled time. The
statistics must be prominently displayed on the Washington state
ferries' web site. Each Washington state ferries vessel and terminal
must prominently display the statistics as they relate to their
specific route.
(16) The department shall investigate outsourcing the call center
functions planned for the ferry reservation system and report its
findings to the transportation committees of the senate and house of
representatives by December 15, 2010.
(17) By July 1, 2010, the department shall provide to the governor
and the transportation committees of the senate and house of
representatives a listing of all benefits that Washington state ferries
union employees receive that other state employees do not traditionally
receive. The listing must include any costs associated with these
benefits.
*Sec. 817 2010 c 247 s 223 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($37,371,000))
$29,871,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $29,971,000
The appropriations in this section ((is)) are subject to the
following conditions and limitations:
(1) (($31,591,000)) $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. Upon
completion of the rail platform project in the city of Stanwood, the
department shall provide daily Amtrak Cascades service to the city.
(2) Amtrak Cascade runs may not be eliminated.
(3) The department shall begin planning for a third roundtrip
Cascades train between Seattle and Vancouver, B.C. by 2010.
*Sec. 817 was vetoed. See message at end of chapter.
Sec. 818 2010 c 247 s 224 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z--OPERATING
Motor Vehicle Account -- State
Appropriation . . . . . . . . . . . . (($8,621,000))
$8,618,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,545,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,166,000))
$11,163,000
NEW SECTION. Sec. 819 A new section is added to 2010 c 247
(uncodified) to read as follows:
The appropriations to the department of transportation in chapter
247, Laws of 2010 and this act must be expended for the programs and in
the amounts specified in this act. However, after May 1, 2011, unless
specifically prohibited, the department may transfer state
appropriations for the 2009-2011 fiscal biennium among operating
programs after approval by the director of the office of financial
management. However, the department shall not transfer state moneys
that are provided solely for a specific purpose. The department shall
not transfer funds, and the director of the office of financial
management shall not approve the transfer unless the transfer is
consistent with the objective of conserving, to the maximum extent
possible, the expenditure of state funds and not federal funds. The
director of the office of financial management shall notify the
appropriate transportation committees of the legislature prior to
approving any allotment modifications or transfers under this section.
The written notification must include a narrative explanation and
justification of the changes, along with expenditures and allotments by
program and appropriation, both before and after any allotment
modifications or transfers.
Sec. 901 2009 c 470 s 301 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($3,126,000))
$2,481,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $1,626,000 of the state patrol highway account--state
appropriation is provided solely for the following minor works
projects: $450,000 for Shelton training academy roofs; (($150,000 for
HVAC control replacements;)) $168,000 for upgrades to scales; $50,000
for Bellevue electrical equipment upgrades; (($90,000)) $16,000 for
South King detachment window replacement; $200,000 for the replacement
of the Naselle radio tower, generator shelter, and fence; $200,000 for
unforeseen emergency repairs; and $318,000 for the Shelton training
academy drive course/skid pan repair.
(2) (($1,500,000)) $1,079,000 of the state patrol highway account--state appropriation is provided solely for the Shelton academy of the
Washington state patrol and is contingent upon a signed agreement
between the city of Shelton, the department of corrections, and the
Washington state patrol that provides for an on-going payment to these
three entities, based on their percentage of the total investment in
the
project, from all hookup fees, late comer fees, LIDS, and all other
initial fees collected for the new waste water treatment lines, waste
water plants, water lines, and water systems.
Sec. 902 2010 c 247 s 301 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($73,000,000))
$71,500,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,048,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($31,400,000))
$30,400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($105,448,000))
$102,948,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,048,000 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.
(3) $22,000,000 of the rural arterial trust account--state
appropriation is provided solely for additional grants for county road
projects as approved by the county road administration board.
Sec. 903 2010 c 247 s 302 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . (($3,927,000))
$3,737,000
Urban Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($123,900,000))
$121,900,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($81,643,000))
$80,643,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($209,470,000))
$206,280,000
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 (($7,143,000)) $15,000,000 in proceeds from the sale of bonds
authorized in RCW 47.26.420.
Sec. 904 2009 c 470 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM D (DEPARTMENT OF
TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($4,810,000))
$4,623,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $1,198,000 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) (($3,612,000)) $3,425,000 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.
Sec. 905 2010 c 247 s 303 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($98,000))
$2,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($1,665,644,000))
$1,325,624,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($85,534,000))
$66,880,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($570,107,000))
$532,458,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($70,714,000))
$83,270,000
Special Category C Account -- State Appropriation . . . . . . . . . . . . $25,221,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($713,205,000))
$590,797,000
Freight Mobility Multimodal Account--State
Appropriation . . . . . . . . . . . . (($4,574,000))
$4,575,000
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . (($789,000))
$797,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($231,763,000))
$229,838,000
((State Route Number 520 Civil Penalties Account--State))
Appropriation . . . . . . . . . . . . $1,190,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,368,839,000))
$2,859,462,000
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 LEAP Transportation Document ((2010-1)) 2011-1 as developed
((March 8, 2010)) April 19, 2011, 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 603 ((of this
act)), chapter . . . (Engrossed Substitute House Bill No. 1175), Laws
of 2011.
(2) (($163,385,000)) $158,094,000 of the transportation partnership
account--state appropriation and (($231,763,000)) $229,838,000 of the
state route number 520 corridor account--state appropriation are
provided solely for the state route number 520 bridge replacement and
HOV project. The department shall submit an application for the
eastside transit and HOV project to the supplemental discretionary
grant program for regionally significant projects as provided in the
American Recovery and Reinvestment Act of 2009.
(3) As required under section 305(6), chapter 518, Laws of 2007,
the department shall report by January 2010 to the transportation
committees of the legislature on the findings of the King county noise
reduction solutions pilot project.
(4) Funding allocated for mitigation costs is provided solely for
the purpose of project impact mitigation, and shall not be used to
develop or otherwise participate in the environmental assessment
process.
(5) 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
including, but not limited to, the SR 518, SR 520, Columbia river
crossing, and Alaskan Way viaduct projects.
(6) The department shall, on a quarterly basis beginning July 1,
2009, 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.
(7) The transportation 2003 account (nickel account)--state
appropriation includes up to (($653,630,000)) $567,964,000 in proceeds
from the sale of bonds authorized by RCW 47.10.861.
(8) The transportation partnership account--state appropriation
includes up to (($1,347,939,000)) $1,261,092,000 in proceeds from the
sale of bonds authorized in RCW 47.10.873.
(9) The special category C account--state appropriation includes up
to (($25,221,000)) $25,056,000 in proceeds from the sale of bonds
authorized in RCW 47.10.812.
(10) The motor vehicle account--state appropriation includes up to
(($43,000,000)) $42,960,000 in proceeds from the sale of bonds
authorized in RCW 47.10.843.
(11) The state route number 520 corridor account--state
appropriation includes up to (($231,763,000)) $229,838,000 in proceeds
from the sale of bonds authorized in RCW 47.10.879.
(12) The department must prepare a tolling study for the Columbia
river crossing project. While conducting the study, the department
must coordinate with the Oregon department of transportation to perform
the following activities:
(a) Evaluate the potential diversion of traffic from Interstate 5
to other parts of the transportation system when tolls are implemented
on Interstate 5 in the vicinity of the Columbia river;
(b) Evaluate the most advanced tolling technology to maintain
travel time speed and reliability for users of the Interstate 5 bridge;
(c) Evaluate available active traffic management technology to
determine the most effective options for technology that could maintain
travel time speed and reliability on the Interstate 5 bridge;
(d) Confer with the project sponsor's council, as well as local and
regional governing bodies adjacent to the Interstate 5 Columbia river
crossing corridor and the Interstate 205 corridor regarding the
implementation of tolls, the impacts that the implementation of tolls
might have on the operation of the corridors, the diversion of traffic
to local streets, and potential mitigation measures;
(e) Regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's potential toll setting on the facility;
(f) Research and evaluate options for a potential toll-setting
framework between the Oregon and Washington transportation commissions;
(g) Conduct public work sessions and open houses to provide
information to citizens, including users of the bridge and business and
freight interests, regarding implementation of tolls on the Interstate
5 and to solicit citizen views on the following items:
(i) Funding a portion of the Columbia river crossing project with
tolls;
(ii) Implementing variable tolling as a way to reduce congestion on
the facility; and
(iii) Tolling Interstate 205 separately as a management tool for
the broader state and regional transportation system; and
(h) Provide a report to the governor and the legislature by January
2010.
(13)(a) By January 2010, the department must prepare a traffic and
revenue study for Interstate 405 in King county and Snohomish county
that includes funding for improvements and high occupancy toll lanes,
as defined in RCW 47.56.401, for traffic management. The department
must develop a plan to operate up to two high occupancy toll lanes in
each direction on Interstate 405.
(b) For the facility listed in (a) of this subsection, the
department must:
(i) Confer with the mayors and city councils of jurisdictions in
the vicinity of the project regarding the implementation of high
occupancy toll lanes and the impacts that the implementation of these
high occupancy toll lanes might have on the operation of the corridor
and adjacent local streets;
(ii) Conduct public work sessions and open houses to provide
information to citizens regarding implementation of high occupancy toll
lanes and to solicit citizen views;
(iii) Regularly report to the Washington transportation commission
regarding the progress of the study for the purpose of guiding the
commission's toll setting on the facility; and
(iv) Provide a report to the governor and the legislature by
January 2010.
(14) (($6,488,000)) $1,323,000 of the motor vehicle account--state
appropriation and (($5,000)) $3,628,000 of the motor vehicle account--federal appropriation are provided solely for project 100224I, US 2
high priority safety project. Expenditure of these funds is for safety
projects on state route number 2 between Monroe and Gold Bar, which may
include median rumble strips, traffic cameras, and electronic message
signs.
(15) Expenditures for the state route number 99 Alaskan Way viaduct
replacement project must be made in conformance with Engrossed
Substitute Senate Bill No. 5768.
(16) The department shall conduct a public outreach process to
identify and respond to community concerns regarding the Belfair
bypass. The process must include representatives from Mason county,
the legislature, area businesses, and community members. The
department shall use this process to consider and develop design
alternatives that alter the project's scope so that the community's
needs are met within the project budget. The department shall provide
a report on the process and outcomes to the legislature by June 30,
2010.
(17) The legislature is committed to the timely completion of R8A
which supports the construction of sound transit's east link.
Following the completion of the independent analysis of the
methodologies to value the reversible lanes on Interstate 90 which may
be used for high capacity transit as directed in section 204 of this
act, the department shall complete the process of negotiations with
sound transit. Such agreement shall be completed no later than
December 1, 2009.
(18) $250,000 of the motor vehicle account--state appropriation is
provided solely for the design and construction of a right turn lane to
improve visibility and traffic flow on state route number 195 and
Cheney-Spokane Road (project L1000001).
(19) (($730,000)) $724,000 of the motor vehicle account--federal
appropriation and (($16,000)) $17,000 of the motor vehicle account--state appropriation are provided solely for the Westview school noise
wall (project WESTV).
(20) (($2,000)) $3,000 of the motor vehicle account--state
appropriation and $131,000 of the motor vehicle account--federal
appropriation are provided solely for interchange design and planning
work on US 12 at A Street and Tank Farm Road (project PASCO).
(21) (($21,566,000)) $13,246,000 of the transportation partnership
account--state appropriation, (($26,000)) $27,000 of the motor vehicle
account--state appropriation, (($30,000,000)) $40,000,000 of the motor
vehicle account--private/local appropriation, and (($4,334,000))
$9,422,000 of the motor vehicle account--federal appropriation are
provided solely for project 400506A, the I-5/Columbia river
crossing/Vancouver project. The funding described in this subsection
includes a (($30,000,000)) $40,000,000 contribution from the state of
Oregon.
(22) It is important that the public and policymakers have accurate
and timely access to information related to the Alaskan Way viaduct
replacement project as it proceeds to, and during, the construction of
all aspects of the project including, but not limited to, information
regarding costs, schedules, contracts, project status, and neighborhood
impacts. Therefore, it is the intent of the legislature that the
state, city, and county departments of transportation establish a
single source of accountability for integration, coordination,
tracking, and information of all requisite components of the
replacement project, which must include, at a minimum:
(a) A master schedule of all subprojects included in the full
replacement project or program; and
(b) A single point of contact for the public, media, stakeholders,
and other interested parties.
(23) The department shall evaluate a potential deep bore culvert
for the state route number 305/Bjorgen creek fish barrier project
identified as project 330514A in LEAP Transportation Document ALL
PROJECTS 2009-2, as developed April 24, 2009. The department shall
evaluate whether a deep bore culvert will be a less costly alternative
than a traditional culvert since a traditional culvert would require
extensive road detours during construction.
(24) Project number 330215A in the LEAP transportation document
described in subsection (1) of this section is expanded to include
safety and congestion improvements from the Key Peninsula Highway to
the vicinity of Purdy. The department shall consult with the
Washington traffic safety commission to ensure that this project
includes improvements at intersections and along the roadway to reduce
the frequency and severity of collisions related to roadway conditions
and traffic congestion.
(25) (($8,890,000)) $5,831,000 of the transportation partnership
account--state appropriation is provided solely for project 109040Q,
the Interstate 90 Two Way Transit and HOV Improvements--Stage 2 and 3
project, as indicated in the LEAP transportation document referenced in
subsection (1) of this section.
(26) The department shall continue to work with the local partners
in developing transportation solutions necessary for the economic
growth in the Red Mountain American Viticulture Area of Benton county.
(27) For highway construction projects where the department
considers agricultural lands of long-term commercial significance, as
defined in RCW 36.70A.030, in reviewing and selecting sites to meet
environmental mitigation requirements under the national environmental
policy act (42 U.S.C. Sec. 4321 et seq.) and the state environmental
policy act (chapter 43.21C RCW), the department shall, to the greatest
extent possible, consider using public land first. If public lands are
not available that meet the required environmental mitigation needs,
the department may use other sites while making every effort to avoid
any net loss of agricultural lands that have a designation of long-term
commercial significance.
(28) 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.
(29) Within the amounts provided in this section, $200,000 of the
transportation partnership account--state appropriation is provided
solely for the department to prepare a comprehensive tolling study of
the state route number 167 corridor to determine the feasibility of
administering tolls within the corridor, identified as project number
316718A in the LEAP transportation document described in subsection (1)
of this section. The department shall report to the joint
transportation committee by September 30, 2010. The department shall
regularly report to the Washington transportation commission regarding
the progress of the study for the purpose of guiding the commission's
potential toll setting on the facility. The elements of the study must
include, at a minimum:
(a) The potential for value pricing to generate revenues for needed
transportation facilities within the corridor;
(b) Maximizing the efficient operation of the corridor; and
(c) Economic considerations for future system investments.
(30) Within the amounts provided in this section, $200,000 of the
transportation partnership account--state appropriation is provided
solely for the department to prepare a comprehensive tolling study of
the state route number 509 corridor to determine the feasibility of
administering tolls within the corridor, identified as project number
850901F in the LEAP transportation document described in subsection (1)
of this section. The department shall report to the joint
transportation committee by September 30, 2010. The department shall
regularly report to the Washington transportation commission regarding
the progress of the study for the purpose of guiding the commission's
potential toll setting on the facility. The elements of the study must
include, at a minimum:
(a) The potential for value pricing to generate revenues for needed
transportation facilities within the corridor;
(b) Maximizing the efficient operation of the corridor; and
(c) Economic considerations for future system investments.
(31) Within the amounts provided in this section, $28,000,000 of
the transportation partnership account--state appropriation is for
project 600010A, as identified in the LEAP transportation document in
subsection (1) of this section: NSC-North Spokane corridor ((design
and right-of-way - new alignment)). Expenditure of these funds is for
preliminary engineering and right-of-way purchasing to prepare for four
lanes to be built from where existing construction ends at Francis
Avenue for three miles to the Spokane river. Additionally, any savings
realized on project 600001A, as identified in the LEAP transportation
document in subsection (1) of this section: US 395/NSC-Francis Avenue
to Farwell Road - New Alignment, must be applied to project 600010A.
(32) $400,000 of the motor vehicle account--state appropriation is
provided solely for the department to conduct a state route number 2
route development plan (project L2000016) that will identify essential
improvements needed between the port of Everett/Naval station and
approaching the state route number 9 interchange near the city of
Snohomish.
(33) If the SR 26 - Intersection and Illumination Improvements are
not completed by June 30, 2009, the department shall ensure that the
improvements are completed as soon as practicable after June 30, 2009,
and shall submit monthly progress reports on the improvements beginning
July 1, 2009.
(34) $200,000 of the transportation partnership account--state
appropriation, identified on project number 400506A in the LEAP
transportation document described in subsection (1) of this section, is
provided solely for the department to work with the department of
archaeology and historic preservation to ensure that the cultural
resources investigation is properly conducted on the Columbia river
crossing project. This project must be conducted with active
archaeological management and result in one report that spans the
single cultural area in Oregon and Washington. Additionally, the
department shall establish a scientific peer review of independent
archaeologists that are knowledgeable about the region and its cultural
resources.
(35) 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.
(36) Within the amounts provided in this section, $1,500,000 of the
motor vehicle account--state appropriation is provided solely for
necessary work along the south side of SR 532, identified as project
number 053255C in the LEAP transportation document described in
subsection (1) of this section.
(37) $10,000,000 of the transportation partnership account--state
appropriation is provided solely for the Spokane street viaduct portion
of project 809936Z, SR 99/Alaskan Way Viaduct – Replacement project as
indicated in the LEAP transportation document referenced in subsection
(1) of this section.
(38) The department shall conduct a public outreach process to
identify and respond to community concerns regarding the portion of
John's Creek Road that connects state route number 3 and state route
number 101. The process must include representatives from Mason
county, the legislature, area businesses, and community members. The
department shall use this process to consider, develop, and design a
project scope so that the community's needs are met for the lowest
cost. The department shall provide a report on the process and
outcomes to the legislature by June 30, 2010.
(39) The department shall apply for the competitive portion of
federal transit administration funds for eligible transit-related costs
of the state route number 520 bridge replacement and HOV project and
the Columbia river crossing project. The federal funds described in
this subsection must not include those federal transit administration
funds distributed by formula. The department shall provide a report
regarding this effort to the legislature by January 1, 2010.
(40) (($5,500,000)) $3,388,000 of the motor vehicle account--federal appropriation ((is)) and $1,405,000 of the motor vehicle
account--state appropriation are provided solely for the Alaskan Way
Viaduct - Automatic Shutdown project, identified as project L1000034.
(41) (($2,244,000)) $2,937,000 of the motor vehicle account--federal appropriation and (($122,000)) $163,000 of the motor vehicle
account--state appropriation are provided solely for the US 12/Nine
Mile Hill to Woodward Canyon Vic -Build New Highway project, identified
as project 501210T.
(42) (($790,000)) $1,116,000 of the motor vehicle account--federal
appropriation is provided solely for the Express Lanes System Concept
Study project, identified as project 800020A. As part of this project,
the department shall prepare a comprehensive tolling study of the
Interstate 5 express lanes to determine the feasibility of
administering tolls within the corridor. The department shall
regularly report to the Washington transportation commission regarding
the progress of the study. The elements of the study must include, at
a minimum:
(i) The potential for value pricing to generate revenues for needed
transportation facilities;
(ii) Maximizing the efficient operation of the corridor;
(iii) Economic considerations for future system investments; and
(iv) An analysis of the impacts to the regional transportation
system.
(b) The department shall submit a final report on the study to the
joint transportation committee by June 30, 2011.
(((44) $226,000)) (43) $110,000 of the motor vehicle account--federal appropriation and (($9,000)) $5,000 of the motor vehicle
account--state appropriation are provided solely for the SR 16/Rosedale
Street NW Vicinity - Frontage Road project (301639C). These funds must
not be expended before an agreement stating that the city of Gig Harbor
will take ownership of the road has been signed. The frontage road
must be built for driving speeds of no more than thirty-five miles per
hour.
(((45))) (44) The department shall work with the Washington state
transportation commission, the Oregon state department of
transportation, and the Oregon state transportation commission to
analyze and review potential options for a bistate, toll setting
framework. As part of the analysis, the department shall undertake the
following actions: Review statutory provisions and the governance
structures of toll facilities in the United States that are located
within two or more states; review relevant federal law regarding
transportation facilities that are located within two or more states;
consult with the state treasurers in Washington and Oregon regarding
the appropriate structure for the issuance of debt for toll facilities
that are located within two states; report findings and recommendations
to the Columbia river project sponsor's council by October 1, 2010; and
provide a final report to the governor and the legislature by June 30,
2011.
(((46))) (45) $750,000 of the motor vehicle account--state
appropriation is provided solely for improvements from Allan Road to
state route number 12 (501207Z).
(((47) $500,000)) (46) $455,000 of the motor vehicle account--state
appropriation is provided solely for a traffic signal at the
intersection of state route number 7 and state route number 702
(300738A).
(((48) $750,000)) (47) $316,000 of the motor vehicle account--state
appropriation is provided solely for environmental work on the Belfair
Bypass (project 300344C).
(((49))) (48) The legislature finds that state route number 522
corridor provides an important link between Interstates 5 and 405 and
will be impacted by diversion from tolling elsewhere in the region.
State route number 522 must be reviewed as part of the scoping work
conducted under section 220(4) of this act. As such, the legislature
intends to provide additional funding for the corridor as a priority in
the next revenue package. The state will work with the affected cities
and the federal government to secure the necessary resources to address
the needs of this critical corridor.
(((50) $500,000)) (49) $558,000 of the motor vehicle account--state
appropriation is provided solely for the US 12/SR 122/Mossyrock -Intersection project (401212R) for safety improvements.
(((51))) (50) $200,000 of the motor vehicle account--federal
appropriation is provided solely for project US 97A/North of Wenatchee
- Wildlife Fence (209790B), and an offsetting reduction is anticipated
in the 2011-13 biennium.
(((52))) (51) If a planned roundabout in the vicinity of state
route number 526 and 84th Street SW would divert commercial traffic
onto neighborhood streets, the department may not proceed with
improvements at state route number 526 and 84th Street SW until the
traffic impacts in the vicinity of state route number 526 and 40th
Avenue West are addressed.
(((53))) (52) The department shall conduct a collision analysis
corridor study on state route number 167 from milepost 0 to milepost 5
and report to the transportation committees of the legislature on the
analysis results by December 1, 2010.
(((54) $2,600,000)) (53) $357,000 of the motor vehicle account--federal appropriation is provided solely for the ITS Advanced Traveler
Information System project in Whatcom county (100589B).
(((55) $900,000)) (54) $94,000 of the motor vehicle account--federal appropriation is provided solely for the US 97/Cameron Lake
Road intersection improvements project in Okanogan county (209700W).
(((56) $400,000)) (55) $294,000 of the motor vehicle account--federal appropriation and (($100,000)) $74,000 of the motor vehicle
account--state appropriation are provided solely for the SR 9/SR 204
Intersection Improvement project (L2000040).
(((57))) (56) The legislature finds that the state route number 12
widening from state route number 124 to Walla Walla is an important
east-west corridor in the southeast region of the state. Widening the
highway to four lanes will increase safety and improve freight
mobility. Therefore, the legislature intends for the department to use
up to two million dollars in future redistributed federal obligation
authority that may be received by the department for right-of-way
purchase for the US 12/Nine Mile Hill to Woodward Canyon Vicinity -Phase 7-A project (501210T).
Sec. 906 2010 c 247 s 304 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($75,305,000))
$67,381,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($96,884,000))
$92,733,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($556,705,000))
$528,158,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . (($18,768,000))
$19,675,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($6,328,000))
$6,148,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . (($6,636,000))
$6,647,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($760,626,000))
$720,742,000
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 LEAP Transportation Document ((2010-1)) 2011-1 as developed
((March 8, 2010)) April 19, 2011, 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 603 ((of this
act)), chapter . . . (Engrossed Substitute House Bill No. 1175), Laws
of 2011.
(2) (($542,000)) $546,000 of the motor vehicle account--federal
appropriation and (($453,000)) $188,000 of the motor vehicle account--state appropriation are provided solely for project 602110F, SR
21/Keller ferry boat - Preservation. Funds are provided solely for
preservation work on the existing vessel, the Martha S.
(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) (($6,636,000)) $6,647,000 of the Puyallup tribal settlement
account--state appropriation is provided solely for costs associated
with the Murray Morgan/11th Street bridge project. The city of Tacoma
may use the Puyallup tribal settlement account appropriation and other
appropriated funds for bridge rehabilitation, bridge replacement,
bridge demolition, and related mitigation. The department's
participation, including prior expenditures, may not exceed
(($40,270,000)) $40,281,000. The city of Tacoma has taken ownership of
the bridge in its entirety, and the payment of these funds extinguishes
any real or implied agreements regarding future bridge expenditures.
(5) The department and the city of Tacoma must present to the
legislature an agreement on the timing of the transfer of ownership of
the Murray Morgan/11th Street bridge and any additional necessary state
funding required to achieve the transfer and rehabilitation of the
bridge by January 1, 2010.
(6) The department shall, on a quarterly basis beginning July 1,
2009, 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).
(7) The department of transportation shall continue to implement
the lowest life cycle cost planning approach to pavement management
throughout the state to encourage the most effective and efficient use
of pavement preservation funds. Emphasis should be placed on
increasing the number of roads addressed on time and reducing the
number of roads past due.
(8)(a) The department shall conduct an analysis of state highway
pavement replacement needs for the next ten years. The report must
include:
(i) The current backlog of asphalt and concrete pavement
preservation projects;
(ii) The level of investment needed to reduce or eliminate the
backlog and resume the lowest life-cycle cost;
(iii) Strategies for addressing the recent rapid escalation of
asphalt prices, including alternatives to using hot mix asphalt;
(iv) Criteria for determining which type of pavement will be used
for specific projects, including annualized cost per mile, traffic
volume per lane mile, and heavy truck traffic volume per lane mile; and
(v) The use of recycled asphalt and concrete in state highway
construction and the effect on highway pavement replacement needs.
(b) Additionally, the department shall work with the department of
ecology, the county road administration board, and the transportation
improvement board to explore and explain the potential use of permeable
asphalt and concrete pavement in state highway construction as an
alternative method of storm water mitigation and the potential effects
on highway pavement replacement needs.
(c) The department shall submit the report to the office of
financial management and the transportation committees of the
legislature by September 1, 2010, in order to inform the development of
the 2011-13 omnibus transportation appropriations act.
(9) (($299,000)) $581,000 of the motor vehicle account--state
appropriation, (($23,425,000)) $25,207,000 of the motor vehicle
account--federal appropriation, and (($373,000)) $273,000 of the
transportation partnership account--state appropriation are provided
solely for the SR 104/Hood Canal bridge - replace east half project,
identified as project 310407B in the LEAP transportation document
described in subsection (1) of this section.
(10) 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.
(11) Within the amounts provided in this section, $1,510,000 of the
motor vehicle account--state appropriation is provided solely to
complete the rehabilitation of the SR 532/84th Avenue NW bridge deck.
(12) (($1,440,000)) $1,160,000 of the motor vehicle account--federal appropriation and (($60,000)) $54,000 of the motor vehicle
account--state appropriation are provided solely for the environmental
impact statement and preliminary planning for the replacement of the
state route number 9 Snohomish river bridge (project L2000018).
(13) (($12,503,000)) $13,833,000 of the motor vehicle account--federal appropriation and (($497,000)) $479,000 of the motor vehicle
account--state appropriation are provided solely for the SR 410/Nile
Valley Landslide - Establish Interim Detour project (541002R).
(14) (($4,239,000)) $3,933,000 of the motor vehicle account--federal appropriation and (($662,000)) $615,000 of the motor vehicle
account--state appropriation are provided solely for the SR 410/Nile
Valley Landslide - Reconstruct Route project (541002T).
(((16))) (15) The legislature anticipates a report in September
2010 that will outline the department's recommendation for developing
a Keller Ferry replacement at the lowest cost. The legislature
supports the request to the federal government for federal aid for a
replacement vessel and intends to provide reasonable matching amounts
as necessary.
(((17) $2,100,000)) (16) $194,000 of the motor vehicle account--federal appropriation is provided solely for the SR 21/Kettle River to
Malo paving project in Ferry county (602117A).
Sec. 907 2010 c 247 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,158,000))
$6,847,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($18,037,000))
$11,412,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . (($173,000))
$174,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($26,368,000))
$18,433,000
Sec. 908 2010 c 283 s 19 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES
CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
Appropriation . . . . . . . . . . . . (($126,824,000))
$102,289,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . (($60,364,000))
$51,194,000
Puget Sound Capital Construction Account--Local
Appropriation . . . . . . . . . . . . $200,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($51,734,000))
$51,735,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($66,879,000))
$102,660,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $149,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($306,150,000))
$308,227,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($126,824,000)) $102,289,000 of the Puget Sound capital
construction account--state appropriation, (($60,364,000)) $51,194,000
of the Puget Sound capital construction account--federal appropriation,
$200,000 of the Puget Sound capital construction account--local
appropriation, (($66,879,000)) $102,660,000 of the transportation
partnership account--state appropriation, (($51,734,000)) $51,735,000
of the transportation 2003 account (nickel account)--state
appropriation, and $149,000 of the multimodal transportation account--state appropriation are provided solely for ferry capital projects,
project support, and administration as listed in LEAP Transportation
Document 2011-2 ALL PROJECTS ((2010-2)) as developed ((March 8, 2010))
April 19, 2011, Program - Washington State Ferries ((Construction))
Capital Program (W). Of the total appropriation, a maximum of
$10,627,000 may be used for administrative support, a maximum of
(($8,184,000)) $7,635,000 may be used for terminal project support, and
a maximum of $4,497,000 may be used for vessel project support. Of the
total appropriation, (($5,851,000)) $2,016,000 is provided solely for
a reservation system and associated communications projects.
(2) (($51,734,000)) $51,735,000 of the transportation 2003 account
(nickel account)--state appropriation, (($63,100,000)) $99,891,000 of
the transportation partnership account--state appropriation, and
(($10,164,000)) $10,165,000 of the Puget Sound capital construction
account--state appropriation are provided solely for the acquisition of
three new Island Home class ferry vessels subject to the conditions of
RCW 47.56.780. The department shall pursue a contract for the second
and third Island Home class ferry vessels with an option to purchase a
fourth Island Home class ferry vessel. However, if sufficient
resources are available to build one 144-auto vessel prior to
exercising the option to build the fourth Island Home class ferry
vessel, procurement of the fourth Island Home class ferry vessel will
be postponed and the department shall pursue procurement of a 144-auto
vessel.
(a) The first two Island Home class ferry vessels must be placed on
the Port Townsend-Keystone route.
(b) The department may add additional passenger capacity to one of
the Island Home class ferry vessels to make it more flexible within the
system in the future, if doing so does not require additional staffing
on the vessel.
(c) Cost savings from the following initiatives will be included in
the funding of these vessels: The department's review and update of
the vessel life-cycle cost model as required under this section; and
the implementation of technology efficiencies as required under section
602 of this act.
(3)(a) $8,450,000 of the Puget Sound capital construction account--state appropriation ((and $2,450,000)), $2,000 of the Puget Sound
capital construction account--federal appropriation, and $1,450,000 of
the transportation partnership account--state appropriation are
provided solely for the following projects related to the design of a
144-vehicle vessel class: (i) (($1,380,000)) $700,000 is provided
solely for completion of the contract for owner-furnished equipment;
(ii) $8,320,000 is provided solely for completion of the technical
design, detail design, and production drawings((, all of which must
plan for an aluminum superstructure)); (iii) (($480,000)) $300,000 is
provided solely for the storage of owner-furnished equipment; and (iv)
a maximum of (($720,000)) $582,000 is for construction engineering. In
completing the contract for owner-furnished equipment, the department
shall use as much of the already procured equipment as is practicable
on the Island Home class ferry vessels if it is likely to be obsolete
before it is used in procured 144-vehicle vessels.
(b) The department shall conduct a cost-benefit study on
alternative furnishings and fittings for the 144-vehicle vessel class.
The study must review the proposed interior furnishings and fittings
for the long-term maintenance and out-of-service vessel costs and, if
appropriate, propose alternative interior furnishings and fittings that
will decrease long-term maintenance and out-of-service vessel costs.
The study must include a projection of out-of-service time and a life-cycle cost analysis of planned out-of-service time, including the
impact on fleet size. The department must submit the study to the
joint transportation committee by August 1, 2010.
(((c) The department shall identify costs for any additional detail
design and production drawings costs related to incorporating the
aluminum superstructure and any changes in the proposed furnishings and
fittings.))
(4) (($6,300,000)) $2,000,000 of the Puget Sound capital
construction account--state appropriation is provided solely for
emergency capital costs.
(5) (($3,000,000)) $1,235,000 of the ((Puget Sound capital
construction account--federal)) total appropriation is provided solely
for completing the Anacortes terminal design up to the maximum
allowable construction cost phase. Beyond preparing environmental
work, these funds may be spent only after the following conditions have
been met: (a) A value engineering process is conducted on the existing
design and the concept of a terminal building smaller than preferred
alternative; (b) the office of financial management participates in the
value engineering process; (c) the office of financial management
concurs with the recommendations of the value engineering process; and
(d) the office of financial management gives its approval to proceed
with the design work.
(6) (($3,965,000 of the Puget Sound capital construction account--state appropriation is provided solely for the following vessel
projects: Waste heat recovery pilot project for the Issaquah; jumbo
Mark 1 class steering gear ventilation pilot project; and improvements
to the Yakima and Kaleetan propulsion controls to allow for two engine
operation. Before beginning these projects, the Washington state
ferries must ensure the vessels' out-of-service time does not
negatively impact service to the system.)) The department shall pursue purchasing a foreign-flagged
vessel for service on the Anacortes, Washington to Sidney, British
Columbia ferry route.
(7)
(((8))) (7) 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 2009-11 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.
(((9))) (8) The department shall review and adjust its capital
program staffing levels to ensure staffing is at the most efficient
level necessary to implement the capital program in the omnibus
transportation appropriations act. The Washington state ferries shall
report this review and adjustment to the office of financial management
and the house and senate transportation committees of the legislature
by July 2009.
(((10))) (9) $1,200,000 of the total appropriation is provided
solely for improving the toll booth configuration at the Port Townsend
and Keystone ferry terminals.
(((11))) (10) $2,636,000 of the total appropriation is provided
solely for continued permitting work on the Mukilteo ferry terminal.
The department shall seek additional federal funding for this project.
(((12))) (11) The department shall develop a proposed ferry vessel
maintenance, preservation, and improvement program and present it to
the transportation committees of the legislature by July 1, 2010. The
proposal must:
(a) Improve the basis for budgeting vessel maintenance,
preservation, and improvement costs and for projecting those costs into
a sixteen-year financial plan;
(b) Limit the amount of planned out-of-service time to the greatest
extent possible, including options associated with department staff as
well as commercial shipyards. At a minimum, the department shall
consider the following:
(i) The costs compared to benefits of Eagle Harbor repair and
maintenance facility operations options to include staffing costs and
benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including
the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing
preservation or maintenance work, or both, while the vessel is
underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation,
and improvement program contracting process and contractual
requirements;
(v) The costs compared to benefits of allowing for increased costs
associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of
proposed projects and other projects planned during the same
construction period;
(vii) Coordination with required United States coast guard dry
dockings;
(viii) A method for comparing how proposed projects relate to the
service requirements of the route on which the vessel normally
operates; and
(ix) A method for evaluating the ongoing maintenance and
preservation costs associated with proposed improvement projects; and
(c) Be based on the service plan in the capital plan, recognizing
that vessel preservation and improvement needs may vary by route.
(((13))) (12) $247,000 of the Puget Sound capital construction
account-- state appropriation is provided solely for the Washington
state ferries to review and update its vessel life-cycle cost model and
report the results to the house of representatives and senate
transportation committees of the legislature by December 1, 2010. This
review will evaluate the impact of the planned out-of-service periods
scheduled for each vessel on the ability of the overall system to
deliver uninterrupted service and will assess the risk of service
disruption from unscheduled maintenance or longer than planned
maintenance periods.
(((14))) (13) 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.
(((15))) (14) The Puget Sound capital construction account--state
appropriation includes up to (($114,000,000)) $91,000,000 in proceeds
from the sale of bonds authorized in RCW 47.10.843.
(((16))) (15) The Puget Sound capital construction account--state
appropriation reflects the reduction of three terminal positions due to
decreased terminal activity and funding.
(((17))) (16) The department shall provide data to the
transportation committees of the senate and house of representatives
for a transparent analysis of travel pay policies.
Sec. 909 2010 c 247 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account--State
Appropriation . . . . . . . . . . . . (($333,000))
$334,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . (($13,184,000))
$12,348,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($102,202,000))
$82,091,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($619,527,000))
$48,445,000
((Multimodal Transportation Account--Private/Local))
Appropriation . . . . . . . . . . . . $81,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($735,327,000))
$143,218,000
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 LEAP Transportation
Document 2011-2 ALL PROJECTS ((2010-2)) as developed ((March 8, 2010))
April 19, 2011, Program - Rail Capital Program (Y).
(b)(i) Within the amounts provided in this section, $116,000 of the
transportation infrastructure account--state appropriation is for a
low-interest loan through the freight rail investment bank program to
the Port of Ephrata (BIN 722710A) for rehabilitation of a rail spur.
(ii) Within the amounts provided in this section, (($1,200,000))
$400,000 of the transportation infrastructure account--state
appropriation is for a low-interest loan through the freight rail
investment bank program to the Port of Everett (BIN 722810A) for a new
rail track to connect a cement loading facility to the mainline.
(iii) 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)(i) Within the amounts provided in this section, $1,713,000 of
the multimodal transportation account--state appropriation and $333,000
of the essential rail assistance account--state appropriation are for
statewide - emergent freight rail assistance projects as follows: Port
of Ephrata/Ephrata - additional spur rehabilitation (BIN 722710A)
$363,000; Tacoma Rail/Tacoma - new refinery spur tracks (BIN 711010A)
$420,000; CW Line/Lincoln County - grade crossing rehabilitation (BIN
700610A) $371,000; Chelatchie Prairie owned railroad/Vancouver - track
rehabilitation (BIN 710110A) $367,000; Tacoma Rail/Tacoma - improved
locomotive facility (BIN 711010B) $525,000.
(ii) Within the amounts provided in this section, (($338,000))
$346,000 of the multimodal transportation account--state appropriation
is for a statewide - emergent freight rail assistance project grant for
the Lincoln County PDA/Creston - new rail spur (BIN ((710510A))
F01001E) project, provided that the grantee first documents to the
satisfaction of the department sufficient commitments from the new
shipper or shippers to locate in the publicly owned industrial park
west of Creston to ensure that the net present value of the public
benefits of the project is greater than the grant amount.
(d) Within the amounts provided in this section, (($8,115,000))
$8,079,000 of the transportation infrastructure account--state
appropriation is for grants to any intergovernmental entity or local
rail district to which the department of transportation assigns the
management and oversight responsibility for the business and economic
development elements of existing operating leases on the Palouse River
and Coulee City (PCC) rail lines. $300,000 of the transportation
infrastructure account--state appropriation is provided solely for the
fence line replacement project on the CW line. The PCC rail line
system is made up of the CW, P&L, and PV Hooper rail lines. Business
and economic development elements include such items as levels of
service and business operating plans, but must not include the state's
oversight of railroad regulatory compliance, rail infrastructure
condition, or real property management issues. The PCC rail system
must be managed in a self-sustaining manner and best efforts must be
used to ensure that it does not require state capital or operating
subsidy beyond the level of state funding expended on it to date. The
assignment of the stated responsibilities to an intergovernmental
entity or rail district must be on terms and conditions as the
department of transportation and the intergovernmental entity or rail
district mutually agree. The grant funds may be used only to refurbish
the rail lines. It is the intent of the legislature to make the funds
appropriated in this section available as grants to an
intergovernmental entity or local rail district for the purposes stated
in this section at least until June 30, 2012, and to reappropriate as
necessary any portion of the appropriation in this section that is not
used by June 30, 2011.
(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, 2010, 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 project(s) 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 LEAP transportation
document described in subsection (1)(a) of this section. Report
formatting and elements must be consistent with the October 2009
quarterly project report.
(7) The multimodal transportation account--state appropriation
includes up to $48,000,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
(8) When the balance of that portion of the miscellaneous program
account apportioned to the department for the grain train program
reaches $1,180,000, the department shall acquire twenty-nine additional
grain train railcars.
(9) (($590,000,000)) $22,354,000 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.
(10) $2,200,000 of the multimodal transportation account--state
appropriation is provided solely for expenditures related to the
capital high-speed passenger rail grant that are not federally
reimbursable.
(11) The Burlington Northern Santa Fe Skagit river bridge is an
integral part of the rail system. Constructed in 1916, the bridge does
not meet current design standards and is at risk during flood events
that occur on the Skagit river. The department shall work with
Burlington Northern Santa Fe and local jurisdictions to secure federal
funding for the Skagit river bridge and to develop an appropriate
replacement plan and schedule.
(12) $1,000,000 of the multimodal transportation account--state
appropriation is provided solely for additional expenditures along the
Chelatchie Prairie railroad (((LN2000025))) (710110A).
Sec. 910 2010 c 247 s 308 (uncodified) is amended to read as
follows:
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 . . . . . . . . . . . . (($13,848,000))
$9,170,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($8,863,000))
$6,828,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($14,068,000))
$9,668,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($43,835,000))
$25,727,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . (($15,620,000))
$7,472,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . (($3,258,000))
$2,980,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $2,118,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($28,855,000))
$20,923,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $2,709,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . (($2,879,000))
$1,764,000
Puyallup Tribal Settlement Account--State
Appropriation . . . . . . . . . . . . (($5,895,000))
$5,905,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($143,757,000))
$95,264,000
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 shall 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) (($2,729,000)) $1,614,000 of the passenger ferry account--state
appropriation is provided solely for near and long-term costs of
capital improvements ((in a)) and operating expenses that are
consistent with the business plan approved by the governor for
passenger ferry service.
(3) $150,000 of the passenger ferry account--state appropriation is
provided solely for the Port of Kingston for a one-time operating
subsidy needed to retain a federal grant.
(4) $3,000,000 of the motor vehicle account--federal appropriation
is provided solely for the Coal Creek parkway project (L1000025).
(5) 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.
(6) 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.
(7) Federal funds may be transferred from program Z to programs I
and P and state funds shall 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 shall 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, 2009, and December 1, 2010.
(8) The city of Winthrop may utilize a design-build process for the
Winthrop bike path project. Of the amount appropriated in this section
for this project, $500,000 of the multimodal transportation account--state appropriation is contingent upon the state receiving from the
city of Winthrop $500,000 in federal funds awarded to the city of
Winthrop by its local planning organization.
(9) (($18,289,000)) $13,732,000 of the multimodal transportation
account--state appropriation, (($8,810,000)) $7,104,000 of the motor
vehicle account--federal appropriation, and (($4,000,000)) $2,805,000
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, and LEAP Transportation Document
2006-B, pedestrian and bicycle safety program projects and safe routes
to schools program projects, as developed March 8, 2006. 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.
(10) 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 LEAP Transportation
Document 2011-2 ALL PROJECTS ((2010-2)) as developed ((March 8, 2010))
April 19, 2011, Program - Local Program (Z).
(11) For the 2009-11 project appropriations, unless otherwise
provided in this act, the director of financial management may
authorize a transfer of appropriation authority between projects
managed by the freight mobility strategic investment board in order for
the board to manage project spending and efficiently deliver all
projects in the respective program.
(12) (($913,386 of the motor vehicle account--state appropriation
and $2,858,000 of the motor vehicle account--federal appropriation are
provided solely for completion of the US 101 northeast peninsula safety
rest area and associated roadway improvements east of Port Angeles at
the Deer Park scenic view point. The department must surplus any
right-of-way previously purchased for this project near Sequim.
Approval to proceed with construction is contingent on surplus of
previously purchased right-of-way. $865,000 of the motor vehicle
account--state appropriation is to be placed into unallotted status
until such time as the right-of-way sale is completed.)) $5,905,000 of the Puyallup tribal settlement
account--state appropriation is provided solely for costs associated
with the Murray Morgan/11th Street bridge project. The city of Tacoma
may use the Puyallup tribal settlement account appropriation and other
appropriated funds for bridge rehabilitation, bridge replacement,
bridge demolition, and bridge mitigation. The department's
participation, including prior expenditures, may not exceed
((
(13) $5,894,000$40,270,000)) $40,281,000. The city of Tacoma has taken ownership of
the bridge in its entirety, and the payment of these funds extinguishes
any real or implied agreements regarding future bridge expenditures.
(((14))) (13) Up to (($3,702,000)) $52,000 of the motor vehicle
account--federal appropriation and (($75,000)) $52,000 of the motor
vehicle account--state appropriation are provided solely to reimburse
the cities of Kirkland and Redmond for pavement and bridge deck
rehabilitation on state route number 908 (project 1LP611A). These
funds may not be expended unless the cities sign an agreement stating
that the cities agree to take ownership of state route number 908 in
its entirety and agree that the payment of these funds represents the
entire state commitment to the cities for state route number 908
expenditures. The amount provided in this subsection is contingent on
the enactment by June 30, 2010, of Senate Bill No. 6555.
(((15))) (14) The department shall consider the condition of the
Broadway bridge in the city of Everett when prioritizing bridge
projects.
(((16))) (15) In order to make the Hood Canal bridge safe for
cyclists, the department must work with stakeholders to review bicycle
safety needs on the bridge, including consideration of accident data
and improvements already made to this project.
(((17) $250,000)) (16) $25,000 of the multimodal transportation
account--state appropriation is provided solely for the Shell Valley
emergency access road and bicycle/pedestrian path.
(((18) $500,000)) (17) $50,000 of the motor vehicle account--state
appropriation is provided solely for improvements to the 150th and
Murray Road intersection in the city of Lakewood.
(((19) $250,000)) (18) $100,000 of the motor vehicle account--state
appropriation is provided solely for flood reduction solutions on state
route number 522 caused by the lower McAleer and Lyon creek basins.
(((20))) (19) $200,000 of the motor vehicle account--state
appropriation is provided solely for improvements to the intersection
of 39th Ave SE and state route number 96 in Snohomish county.
Sec. 1001 2010 c 247 s 401 (uncodified) is amended to read as
follows:
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
Highway Bond Retirement Account Appropriation . . . . . . . . . . . . (($733,667,000))
$720,842,000
Ferry Bond Retirement Account Appropriation . . . . . . . . . . . . $33,771,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($600,000))
$1,308,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . (($22,962,000))
$21,084,000
Nondebt-Limit Reimbursable Account--State
Appropriation . . . . . . . . . . . . (($18,451,000))
$16,850,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($4,722,000))
$6,818,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($901,000))
$672,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($4,116,000))
$3,116,000
Special Category C Account--State Appropriation . . . . . . . . . . . . (($148,000))
$136,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $85,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $41,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($283,000))
$164,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($831,004,000))
$804,887,000
Sec. 1002 2010 c 247 s 402 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND
FISCAL AGENT CHARGES
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($40,000))
$83,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($787,000))
$537,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($122,000))
$62,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($364,000))
$264,000
Special Category C Account--State Appropriation . . . . . . . . . . . . (($15,000))
$12,000
Urban Arterial Trust Account--State Appropriation . . . . . . . . . . . . $5,000
Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $3,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($34,000))
$40,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,370,000))
$1,006,000
Sec. 1003 2010 c 247 s 403 (uncodified) is amended to read as
follows:
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 . . . . . . . . . . . . (($114,000,000))
$91,000,000
The department of transportation is authorized to sell up to
(($114,000,000)) $91,000,000 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.
Sec. 1004 2010 1st sp.s. c 37 s 804 (uncodified) is amended to
read as follows:
FOR THE STATE TREASURER -- ADMINISTRATIVE TRANSFERS
(1) ((Tacoma Narrows Toll Bridge Account--State)) Motor Vehicle Account--State Appropriation:
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $5,288,000
(2)
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . (($54,100,000))
$78,000,000
(((3))) (2) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . (($2,000,000))
$1,800,000
(((4))) (3) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $2,750,000
(((5))) (4) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . (($9,000,000))
$13,000,000
(((6) Highway Safety Account--State Appropriation:)) (5) Department of Licensing Services Account--State
For transfer to the Multimodal Transportation
Account--State . . . . . . . . . . . . $18,750,000
(7)
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,300,000
(((8))) (6) Advanced Right-of-Way Account: For transfer
to the Motor Vehicle Account--State . . . . . . . . . . . . $14,000,000
(((9) State Route Number 520 Civil Penalties)) (7) Advanced Environmental Mitigation
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $190,000
(10)
Revolving Account--State Appropriation: For transfer
to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(((11))) (8) Regional Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $4,000,000
(((12))) (9) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway Account--
State . . . . . . . . . . . . (($5,600,000))
$4,600,000
(((13) The transfers identified in this section are subject to the
following conditions and limitations:))
(a) The amount transferred in subsection (1) of this section
represents repayment of operating loans and reserve payments provided
to the Tacoma Narrows toll bridge account from the motor vehicle
account in the 2005-07 fiscal biennium. However, if Engrossed
Substitute Senate Bill No. 6499 is enacted by June 30, 2010, the
transfer in subsection (1) of this section shall not occur.
(b) Any cash balance in the waste tire removal account in excess of
one million dollars must be transferred to the motor vehicle account
for the purpose of road wear-related maintenance on state and local
public highways.
(c) The transfer in subsection (9) of this section represents toll
revenue collected from toll violations.
(10) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $19,000,000
NEW SECTION. Sec. 1101 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. 1102 Except for sections 703, 704, 705, 716,
719, and 722 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.
NEW SECTION. Sec. 1103 Sections 703, 704, 716, and 719 of this
act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and take effect July 1, 2011.
NEW SECTION. Sec. 1104 Sections 705 and 722 of this act take
effect upon certification by the secretary of transportation that the
new statewide tolling operations center and photo toll system are fully
operational. A notice of certification must be filed with the code
reviser for publication in the state register. If a certificate is not
issued by the secretary of transportation by December 1, 2012, sections
705 and 722 of this act are null and void.