BILL REQ. #:  H-1206.2 

Read first time 02/11/13.   Referred to Committee on Transportation.

     AN ACT Relating to the agency council on coordinated transportation; and adding a new chapter to Title 47 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that Washington state must review and recommend certification of local plans developed by regional transportation planning organizations based on meeting federal requirements. Currently, each regional transportation planning organization must submit to the state an updated plan that includes coordination elements, consistent with federal planning requirements. In addition to federal planning requirements, transportation systems for persons with special transportation needs should be operated as efficiently as possible. Programs established by the legislature to assist persons with special transportation needs should be accessed with as much efficiency and coordination as possible.
     The legislature further finds that the transportation needs of each community are unique, and that transportation services may be improved by establishing a system of statewide oversight that seeks input, collaboration, and cooperation from and among all local service providers, including public agencies, private organizations, and community-based groups.
     It is the intent of the legislature that public transportation agencies, pupil transportation programs, private nonprofit transportation providers, and other public agencies sponsoring programs that require transportation services coordinate those transportation services. Through coordination of transportation services, programs will achieve increased efficiencies and will be able to provide more rides to a greater number of persons with special transportation needs.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Persons with special transportation needs" means those persons, including their personal attendants, who because of physical or mental disability, income status, or age are unable to transport themselves or purchase transportation.
     (2) "Special needs coordinated transportation" is transportation for persons with special transportation needs that is developed through a collaborative community process involving: Transportation providers; human service programs and agencies; consumers; social, educational, and health service providers; employer and business representatives; employees and employee representatives; and other affected parties.

NEW SECTION.  Sec. 3   (1) The agency council on coordinated transportation is created. The purpose of the council is to advance and improve accessibility to and coordination of special needs transportation services statewide. The council is composed of fourteen voting members, four nonvoting, legislative members, and such other nonvoting members as may be determined by the council.
     (2) The fourteen voting members are the superintendent of public instruction or a designee, the secretary of transportation or a designee, the director of the health care authority or a designee, and eleven members appointed by the governor as follows:
     (a) One representative from the office of the governor;
     (b) Three persons who are consumers of special needs transportation services, which must include:
     (i) One person designated by the executive director of the governor's committee on disability issues and employment; and
     (ii) One person who is designated by the executive director of the developmental disabilities council;
     (c) One representative from the Washington association of pupil transportation;
     (d) One representative from the Washington state transit association;
     (e) One of the following:
     (i) A representative from the community transportation association of the Northwest; or
     (ii) A representative from the community action council association;
     (f) One person who represents regional transportation planning organizations and metropolitan planning organizations;
     (g) One representative of brokers who provide nonemergency, medically necessary trips to persons with special transportation needs under the medicaid program administered by the health care authority;
     (h) One representative from the Washington state department of veterans affairs; and
     (i) One representative of the state association of counties.
     (3) The four nonvoting members are legislators as follows:
     (a) Two members from the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives, including at least one member from the house of representatives transportation committee or the house of representatives appropriations committee; and
     (b) Two members from the senate, one from each of the two largest caucuses, appointed by the president of the senate, including at least one member from the senate transportation committee or the senate ways and means committee.
     (4) Gubernatorial appointees of the council must serve two-year terms. Members may not receive compensation for their service on the council, but must be reimbursed for actual and necessary expenses incurred in performing their duties as members as set forth in RCW 43.03.220.
     (5) The council must vote on an annual basis to elect one of its voting members to serve as chair. The position of chair must rotate among the represented agencies, associations, and interest groups at least every two years. If the position of chair is vacated for any reason, the secretary of transportation or the secretary's designee must serve as acting chair until the next regular meeting of the council, at which time the members will elect a chair.
     (6) The council must periodically assess its membership to ensure that there exists a balanced representation of persons with special transportation needs and providers of special transportation needs services. Recommendations for modifying the membership of the council must be included in the council's biennial report to the legislature as provided in section 6 of this act.
     (7) The department shall provide necessary staff support for the council as resources allow.
     (8) The council may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the council and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17A.560.
     (9) The meetings of the council must be open to the public, with the agenda published in advance, and minutes kept and made available to the public. The public notice of the meetings must indicate that accommodations for persons with disabilities will be made available upon request.
     (10) All meetings of the council must be held in locations that are readily accessible to public transportation, and must be scheduled for times when public transportation is available.
     (11) The council must make an effort to include presentations by and work sessions including persons with special transportation needs.

NEW SECTION.  Sec. 4   (1) To assure implementation of an effective system of coordinated transportation that meets the needs of persons with special transportation needs, the agency council on coordinated transportation must adopt a biennial work plan that must, at a minimum:
     (a) Focus on projects that identify and address barriers in laws, policies, and procedures;
     (b) Focus on results;
     (c) Identify and advocate for transportation system improvements for persons with special transportation needs; and
     (d) Focus on projects that the members of the council are willing to donate time to, with an emphasis on projects that involve:
     (i) Coordinated human services transportation plans;
     (ii) Cost and ride sharing;
     (iii) Performance measures;
     (iv) Mobility management; and
     (v) Addressing underserved populations.
     (2) The council must, as necessary, convene work groups at the state, regional, or local level to develop and implement coordinated approaches to special needs transportation.
     (3) To improve the service experienced by persons with special transportation needs, the council must develop statewide guidelines for customer complaint processes so that information about policies regarding the complaint processes is available consistently and consumers are appropriately educated about available options. To be eligible for funding on or after January 1, 2008, organizations applying for state paratransit/special needs grants as described in section 226(1), chapter 370, Laws of 2006 must implement a process following the guidelines established by the council.
     (4) The council must represent the needs and interests of persons with special transportation needs in statewide efforts for emergency and disaster preparedness planning by advising the emergency management council on how to address transportation needs for high-risk individuals during and after disasters.

NEW SECTION.  Sec. 5   The agency council on coordinated transportation must review and recommend certification of local plans developed by regional transportation planning organizations based on meeting federal requirements. Each regional transportation planning organization must submit to the council an updated plan that includes the elements, consistent with federal planning requirements, identified by the council beginning July 1, 2015, and every four years thereafter.
     Each regional transportation planning organization must submit to the council every two years a prioritized regional human service and transportation project list.

NEW SECTION.  Sec. 6   Based on the biennial work plan adopted by the council pursuant to section 4 of this act and the available resources of the members, and in compliance with RCW 43.01.036, the agency council on coordinated transportation must submit a progress report to the legislature by December 1, 2015, and every other year thereafter. The report must describe the council's progress in achieving its objectives and in attaining the applicable goals identified in the council's biennial work plan and highlight any problems encountered in achieving these goals. The information will also be reported in a form established by the council.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act constitute a new chapter in Title 47 RCW.