| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 04/09/13.
AN ACT Relating to transportation funding and appropriations; amending RCW 47.64.170, 47.64.270, 43.19.642, 46.12.630, 46.18.060, 46.68.113, 46.68.170, 46.68.325, 47.29.170, 47.56.403, 47.56.876, 46.20.745, and 90.58.140; amending 2012 c 86 ss 102, 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 302, 303, 305, 306, 307, 308, 309, 310, 401, 402, 404, 405, 406, 407, and 701 (uncodified); amending 2011 c 367 s 601 (uncodified); reenacting and amending RCW 46.63.170; adding a new section to chapter 47.06A RCW; creating new sections; repealing 2012 c 86 ss 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, and 716 (uncodified); prescribing penalties; 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, 2015.
(2) Unless the context clearly requires otherwise, the definitions
in this subsection apply throughout this act.
(a) "Fiscal year 2014" or "FY 2014" means the fiscal year ending
June 30, 2014.
(b) "Fiscal year 2015" or "FY 2015" means the fiscal year ending
June 30, 2015.
(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 . . . . . . . . . . . . $435,000
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 . . . . . . . . . . . . $1,841,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $176,000
TOTAL APPROPRIATION . . . . . . . . . . . . $2,017,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $932,000 of the motor vehicle account--state appropriation is
provided solely for the office of financial management, from funds set
aside out of statewide fuel taxes distributed to counties according to
RCW 46.68.120(3), to contract with the Washington state association of
counties to identify, analyze, evaluate, and implement county
transportation performance measures associated with transportation
system policy goals outlined in RCW 47.04.280. The Washington state
association of counties, in cooperation with state agencies, must:
Identify, analyze, and report on county transportation system
preservation; identify, evaluate, and report on opportunities to
streamline reporting requirements for counties; and evaluate project
management tools to help improve project delivery at the county level.
(2) $70,000 of the Puget Sound ferry operations account -- state
appropriation is provided solely for the state's share of the marine
salary survey.
(3) $200,000 of the motor vehicle account--state appropriation is
provided solely for the office of financial management to contract with
a statewide organization representing Washington cities and a statewide
organization representing Washington counties to work with the
Washington state governor's office of regulatory assistance to:
(a) Fulfill completion of recent EZview enhancements developed to
consolidate applications and expedite local, state, and regional
transportation and public works maintenance permitting related to (i)
general hydraulic project approval permits issued consistent with
section 103(3), chapter 247, Laws of 2010 and (ii) section 106
consultations completed under the national historic preservation act;
(b) Work with local, state, and regional transportation and public
works maintenance agencies to continue to support development of EZview
enhancements and customizations based on applicant needs; and
(c) Provide outreach and training to advance the state's interest
in continuing to leverage EZview web infrastructure to support and
accelerate local, regional, and state transportation and public works
planning, permitting, and compliance.
NEW SECTION. Sec. 104 FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $502,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $4,480,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,982,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $502,000 of the motor vehicle account--state appropriation is
provided solely for the transportation executive information system.
(2) $4,480,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for marine insurance. Coverage is for
ferry vessels and terminals based on certain deductibles.
NEW SECTION. Sec. 105 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. 106 FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,208,000
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) $857,000 of the motor vehicle account -- state appropriation is
provided solely to test the quality of biofuel. The department must
test fuel quality at the biofuel manufacturer, distributor, and
retailer.
NEW SECTION. Sec. 107 FOR THE LEGISLATIVE EVALUATION AND
ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $529,000
NEW SECTION. Sec. 201 FOR THE WASHINGTON TRAFFIC SAFETY
COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $3,147,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $40,629,000
Highway Safety Account -- Private/Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . $1,800,000
TOTAL APPROPRIATION . . . . . . . . . . . . $45,626,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The commission shall develop and implement, in collaboration
with the Washington state patrol, a target zero team pilot program in
Yakima and Spokane counties. The pilot program must demonstrate the
effectiveness of intense, high visibility driving under the influence
enforcement in Washington state. The commission shall apply to the
national highway traffic safety administration for federal highway
safety grants to cover the cost of the pilot program.
(2) $20,000,000 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
2013-2015 fiscal biennium.
NEW SECTION. Sec. 202 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . $945,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,186,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $1,456,000
TOTAL APPROPRIATION . . . . . . . . . . . . $4,587,000
NEW SECTION. Sec. 203 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $3,804,000
NEW SECTION. Sec. 204 FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $1,330,000
The appropriation in this section is subject to the following
conditions and limitations:
(1)(a) $325,000 of the motor vehicle account--state appropriation
is provided for a study of transportation cost drivers and potential
efficiencies to contain project costs and gain more value from
investments in Washington state's transportation system. The goal is
to enable the department of transportation to construct bridge and
highway projects more quickly and to build and operate them at a lower
cost, while ensuring that appropriate environmental and regulatory
protections are maintained and a quality project is delivered. The
joint transportation committee must convene an advisory panel to
provide study guidance and discuss potential efficiencies and
recommendations. The scope of the study must be limited to state-level
policies and practices relating to the planning, design, permitting,
construction, financing, and operation of department of transportation
roadway and bridge projects. The study must:
(i) Identify best practices;
(ii) Identify inefficiencies in state policy or agency practice
where changes may save money;
(iii) Recommend changes to improve efficiency and save money; and
(iv) Identify potential savings to be achieved by adopting changes
in practice or policy.
(b) The joint transportation committee shall issue a report of its
findings to the house of representatives and senate transportation
committees by December 31, 2013.
(2) The joint transportation committee shall coordinate a work
group comprised of the department of licensing, the department of
revenue, county auditors or other agents, and subagents to identify
possible issues relating to the administration of, compliance with, and
enforcement of the existing statutory requirement for a person to
provide an unexpired driver's license when registering a vehicle. The
work group shall provide recommendations on how administration and
enforcement may be modified, as needed, to address any identified
issues, including whether statutory changes may be needed. A report
presenting the recommendations must be presented to the house of
representatives and senate transportation committees by December 31,
2013.
(3) $250,000 of the motor vehicle account--state appropriation is
provided solely for the joint transportation committee to coordinate an
analysis of potential savings and benefits by consolidating law
enforcement and emergency dispatching centers within the state of
Washington. The analysis must consider different governing structures
to coordinate and manage dispatching services in specific regions
within the state. The analysis must review other states that are
similar in size and population to gain an understanding of how other
states have coordinated their dispatching centers and benefits that
might be gained by employing some of the same processes within
Washington.
The final report from the analysis must:
(a) Provide an inventory of the existing dispatch centers in the
state along with staffing levels, funding, and services provided;
(b) Provide a list of dispatch centers that would benefit from
consolidation and the centers that would not benefit and why;
(c) Provide options for a governing board to consolidate and
oversee the new dispatch center structure;
(d) Identify any potential benefits and improved services to the
public to be derived by consolidating dispatch centers;
(e) Identify any potential savings through consolidating
communication systems, facilities, and staffing;
(f) Identify any technology and communication challenges that may
require special expertise during the consolidation phase; and
(g) Provide cost estimates for the consolidation and on-going
operations of the proposed restructuring of the state's dispatch
centers.
The final report must be delivered to the speaker of the house of
representatives and the lieutenant governor of the senate by November
1, 2014.
NEW SECTION. Sec. 205 FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,947,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,059,000
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 2013-2015 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 2013-2015 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) In accordance with RCW 43.135.055, the transportation
commission may adopt, periodically review, and, if necessary, adjust
the schedule of toll charges applicable to the portion of state route
number 99 that is the deep bore tunnel as set forth and previously
authorized in RCW 47.56.862.
(4) In accordance with RCW 43.135.055, the transportation
commission may adopt, periodically review, and, if necessary, adjust
the schedule of toll charges applicable to the Columbia river crossing
project as set forth and previously authorized in chapter 36, Laws of
2012.
(5) In accordance with RCW 43.135.055, the transportation
commission may periodically review and, if necessary, adjust the
schedule of toll charges applicable to the state route number 520
corridor as set forth and previously authorized in RCW 47.56.870.
(6)(a) $400,000 of the motor vehicle account--state appropriation
is provided solely for the development of the business case for the
transition to a road usage charge system as the basis for funding the
state transportation system, from the current motor fuel tax system.
The funds are provided for fiscal year 2014 only.
(b) The legislature finds that the efforts started in the 2011-2013
fiscal biennium regarding the transition to a road usage charge system
represent an important first step in the policy and conceptual
development of potential alternative systems to fund transportation
projects, but that the governance for the development needs
clarification. The legislature also finds that significant amounts of
research and public education are occurring in similar efforts in
several states and that these efforts can and should be leveraged to
advance the evaluation in Washington. The legislature intends,
therefore, that the commission and its staff lead the policy
development of the business case for a road usage charge system, with
the goal of providing the business case to the governor and the
legislative committees of the legislature in time for inclusion in the
2014 supplemental omnibus transportation appropriations act. The
legislature intends for additional oversight in the business case
development, with guidance from a steering committee as provided in
chapter 86, Laws of 2012, augmented with participation by the joint
transportation committee. The legislature further intends that the
department of transportation continue to address administrative,
technical, and conceptual operational issues related to road usage
charge systems, and that the department serve as a resource for
information gleaned from other states on this topic for the
commission's efforts.
(c) For the purposes of this subsection (6), the commission shall:
(i) Develop preliminary road usage charge policies that are
necessary to develop the business case, as well as supporting research
and data that will guide the potential application in Washington;
(ii) Develop the preferred operational concept or concepts that
reflect the preliminary policies;
(iii) Evaluate the business case for the road usage charge system
that would result from implementing the preliminary policies and
preferred operational concept or concepts. The evaluation must assess
likely financial outcomes if the system were to be implemented; and
(iv) Identify and document policy and other issues that are deemed
important to further refine the preferred operational concept or
concepts and to gain public acceptance. These identified issues should
form the basis for continued work beyond this funding cycle.
(d) The commission shall convene a steering committee to guide the
development of the business case. The membership must be the same as
provided in chapter 86, Laws of 2012, except that the membership must
also include the joint transportation committee executive members.
(e) The commission shall submit a report of the business case to
the governor and the transportation committees of the legislature by
December 15, 2013. The report must also include a proposed budget and
work plan for fiscal year 2015. A progress report must be submitted to
the governor and the joint transportation committee by November 1,
2013, including a presentation to the joint transportation committee.
(7) $174,000 of the motor vehicle account--state appropriation is
provided solely for the voice of Washington survey program. The
funding shall be utilized for the continued program maintenance and two
transportation surveys for the 2013-2015 fiscal biennium.
NEW SECTION. Sec. 206 FOR THE FREIGHT MOBILITY STRATEGIC
INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $904,000
NEW SECTION. Sec. 207 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . $369,405,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $11,137,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . $3,591,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $19,429,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $273,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . $573,000
TOTAL APPROPRIATION . . . . . . . . . . . . $404,408,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The Washington state patrol shall collaborate with the
Washington traffic safety commission on the target zero team pilot
program referenced in section 201 of this act.
(2) During the 2013-2015 fiscal biennium, the Washington state
patrol shall relocate its data center to the state data center in
Olympia. The Washington state patrol shall work with the department of
enterprise services to negotiate the lease termination agreement for
the current data center site.
(3) 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.
(4) $12,700,000 of the total appropriation is provided solely for
automobile fuel in the 2013-2015 fiscal biennium.
(5) $8,179,000 of the total appropriation is provided solely for
the purchase of pursuit vehicles.
(6) $7,004,000 of the total appropriation is provided solely for
vehicle repair and maintenance costs of vehicles used for highway
purposes.
(7) $1,784,000 of the total appropriation is provided solely for
the purpose of mission vehicles used for highway purposes in the
commercial vehicle and traffic investigation sections of the Washington
state patrol.
(8) $1,974,000 of the total appropriation is provided solely for
the aviation aerial traffic enforcement program of the aviation section
of the Washington state patrol, and this is the maximum amount that the
Washington state patrol may expend for this purpose. The Washington
state patrol must, during the 2013-2015 fiscal biennium, sell one of
the Cessna airplanes that are currently being used for air traffic
control in western Washington. The Cessna airplanes, as candidates to
be sold, do not include the two Cessna airplanes equipped with
gyro-stabilized forward looking infrared (FLIR) cameras or the Cessna
airplane in eastern Washington. Funds from the sale of the Cessna
airplane must be deposited into the state patrol highway account.
(9) It is the intent of the legislature that the omnibus operating
appropriations act provide funding for any share of the debt service on
the mobile office platform and the narrowbanding project based on the
Washington state patrol cost allocation model that is not attributable
to transportation purposes.
(10) $573,000 of the ignition interlock device revolving account--state appropriation is provided solely for the ignition interlock
program at the Washington state patrol to provide funding for two staff
to work and provide support for the program in working with
manufacturers, service centers, technicians, and participants in the
program.
(11) The Washington state patrol may not expend any state
resources, including money and time, enforcing RCW 46.55.060 against a
registered tow truck operator who has taken a lunch break that does not
exceed one hour and has also posted a notice, visible from outside the
office, providing his or her return time and a telephone number at
which personnel able to release impounded vehicles may be contacted to
respond in a reasonable time.
(12) $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
department of transportation for contract costs. The appropriation in
this subsection must be funded from the portion of the automated
traffic safety camera infraction 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 roadway construction zones.
NEW SECTION. Sec. 208 FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State
Appropriation . . . . . . . . . . . . $34,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . $4,409,000
State Wildlife Account -- State Appropriation . . . . . . . . . . . . $885,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $152,375,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $4,392,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $75,888,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $467,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,544,000
Ignition Interlock Device Revolving Account -- State
Appropriation . . . . . . . . . . . . $2,656,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $5,959,000
TOTAL APPROPRIATION . . . . . . . . . . . . $248,609,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $1,235,000 of the highway safety account--state appropriation
is provided solely for the implementation of chapter . . . (Substitute
House Bill No. 1752), Laws of 2013 (requirements for the operation of
commercial motor vehicles in compliance with federal regulations). If
chapter . . . (Substitute House Bill No. 1752), Laws of 2013 is not
enacted by June 30, 2013, the amount provided in this subsection
lapses.
(2) $1,000,000 of the highway safety account--state appropriation
is provided solely for information technology field system
modernization.
NEW SECTION. Sec. 209 FOR THE DEPARTMENT OF TRANSPORTATION -- TOLL OPERATIONS AND MAINTENANCE -- PROGRAM B
High-Occupancy Toll Lanes Operations Account -- State
Appropriation . . . . . . . . . . . . $1,860,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $511,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $32,547,000
State Route Number 520 Civil Penalties Account -- State
Appropriation . . . . . . . . . . . . $4,169,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . $23,815,000
TOTAL APPROPRIATION . . . . . . . . . . . . $62,902,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) The legislature finds that the department's tolling division
has expanded greatly in recent years to address the demands of
administering several newly tolled facilities using emerging toll
collection technologies. The legislature intends for the department to
continue its good work in administering the tolled facilities of the
state, while at the same time implementing controls and processes to
ensure the efficient and judicious administration of toll payer
dollars.
(b) The legislature finds that the department has undertaken a
cost-of-service study in the winter and spring of 2013 for the purposes
of identifying in detail the costs of operating and administering
tolling on state route number 520, state route number 167
high-occupancy toll lanes, and the Tacoma Narrows bridge. The purpose
of the study is to provide results to establish a baseline by which
future activity may be compared and opportunities identified for cost
savings and operational efficiencies. In addition, the legislature
finds that the state auditor has undertaken a performance audit of the
department's contract for the customer service center and back office
processing of tolling transactions. The audit findings, which are
expected to include lessons learned, are due in late spring 2013.
(c) Using the results of the cost-of-service study and the state
audit as a basis, the department shall conduct a review of operations
using lean management principles in order to eliminate inefficiencies
and redundancies, incorporate lessons learned, and identify
opportunities to conduct operations more efficiently and effectively.
Within current statutory and budgetary tolling policy, the department
shall use the results of the review to improve operations in order to
conduct toll operations within the appropriations provided in
subsections (2) through (4) of this section. The department shall
submit the review, along with the status of and plans for the
implementation of review recommendations, to the office of financial
management and the house of representatives and senate transportation
committees by October 15, 2013.
(2) $10,877,000 of the Tacoma Narrows toll bridge account--state
appropriation, $17,139,000 of the state route number 520 corridor
account--state appropriation, $1,232,000 of the high-occupancy toll
lanes operations account--state appropriation, and $511,000 of the
motor vehicle account--state appropriation are provided solely for
nonvendor costs of administering toll operations, including the costs
of: Staffing the division, consultants and other personal service
contracts required for technical oversight and management assistance,
insurance, payments related to credit card processing, transponder
purchases and inventory management, facility operations and
maintenance, and other miscellaneous nonvendor costs.
(3) $10,960,000 of the Tacoma Narrows toll bridge account--state
appropriation, $9,408,000 of the state route number 520 corridor
account--state appropriation, and $628,000 of the high-occupancy toll
lanes operations account--state appropriation are provided solely for
vendor-related costs of operating tolled facilities, including the
costs of: The customer service center; cash collections on the Tacoma
Narrows bridge; electronic payment processing; and toll collection
equipment maintenance, renewal, and replacement.
(4) $1,300,000 of the Tacoma Narrows toll bridge account--state
appropriation and $6,000,000 of the state route number 520 corridor
account--state appropriation are provided solely for the purposes of
addressing unforeseen operations and maintenance costs on the Tacoma
Narrows bridge and the state route number 520 bridge, respectively.
The office of financial management shall place the amounts provided in
this section, which represent a portion of the required minimum fund
balance under the policy of the state treasurer, in unallotted status.
The office may release the funds only when it determines that all other
funds designated for operations and maintenance purposes have been
exhausted.
(5) $4,169,000 of the state route number 520 civil penalties
account -- state appropriation and $676,000 of the Tacoma Narrows toll
bridge account -- state appropriation are provided solely for
expenditures related to the toll adjudication process. The department
shall report on the civil penalty process to the office of financial
management and the house of representatives and senate transportation
committees by the end of each calendar quarter. 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.
(6) 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.
NEW SECTION. Sec. 210 FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM C
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,460,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $68,848,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $363,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $1,460,000
TOTAL APPROPRIATION . . . . . . . . . . . . $72,131,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $370,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(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) $502,000 of the motor vehicle account--state appropriation is
provided solely for the transportation executive information system.
NEW SECTION. Sec. 211 FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITY MAINTENANCE, OPERATIONS, AND CONSTRUCTION -- PROGRAM D--OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $26,213,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The department shall report to the transportation committees of
the legislature and the office of financial management by June 30,
2014, on the progress of the construction of the traffic management
center in Shoreline, including a schedule for terminating the current
lease of the Goldsmith building in Seattle.
(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 . . . . . . . . . . . . $7,359,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . $9,509,000
NEW SECTION. Sec. 213 FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $47,669,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,419,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $4,504,000 of the motor vehicle account -- state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(2) 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.
NEW SECTION. Sec. 214 FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $570,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) The legislature finds that the efforts started in the 2011-2013
fiscal biennium regarding the transition to a road usage charge system
represent an important first step in the policy and conceptual
development of potential alternative systems to fund transportation
projects, but that the governance for the development needs
clarification. The legislature also finds that significant amounts of
research and public education are occurring in similar efforts in
several states and that these efforts can and should be leveraged to
advance the evaluation in Washington. The legislature intends,
therefore, that the transportation commission and its staff lead the
policy development of the business case for a road usage charge system,
with the goal of providing the business case to the governor and the
legislative committees of the legislature in time for inclusion in the
2014 supplemental omnibus transportation appropriations act. The
legislature intends for additional oversight in the business case
development, with guidance from a steering committee as provided in
chapter 86, Laws of 2012 for the transportation commission, augmented
with participation by the joint transportation committee. The
legislature further intends that, through the economic partnerships
program, the department continue to address administrative, technical,
and conceptual operational issues related to road usage charge systems,
and that the department serve as a resource for information gleaned
from other states on this topic for the transportation commission's
efforts.
(2) The economic partnerships program must continue to explore
retail partnerships at state-owned park-and-ride facilities, as
authorized in RCW 47.04.295.
NEW SECTION. Sec. 215 FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $385,862,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $402,862,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $5,280,000 of the motor vehicle account -- state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(2) The department shall continue to report maintenance
accountability process targets and achievements on an annual basis.
(3) $10,000,000 of the highway safety account--state appropriation
is provided solely for the high priority maintenance backlog.
Addressing the maintenance backlog must result in increased levels of
service.
(4) $393,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Substitute House Bill No. 1007), Laws of 2013 (covered loads on
highways). If chapter . . . (Engrossed Substitute House Bill No.
1007), Laws of 2013 is not enacted by June 30, 2013, the amount
provided in this subsection lapses.
(5) $270,000 of the motor vehicle account--state appropriation is
from the cities statewide fuel tax distribution under RCW 46.68.110(2)
for the department to contract with the department of fish and wildlife
to inventory, prioritize, and study fish passage barriers associated
with city roads and streets in the Puget Sound region. The department
of fish and wildlife shall submit the results to the department and to
organizations representing cities by June 30, 2015.
(6) $95,000 of the motor vehicle account--state appropriation is
from the counties statewide fuel tax distribution under RCW
46.68.120(3) for the department to contract with the department of fish
and wildlife to inventory, assess, and prioritize fish passage barriers
associated with county roads. The department of fish and wildlife
shall submit the results to the department, the office of financial
management, and the transportation committees of the legislature by
June 30, 2015.
NEW SECTION. Sec. 216 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $50,565,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $52,865,000
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) During the 2013-2015 fiscal biennium, the department shall
continue 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. 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.
(3) The department shall work with the cities of Lynnwood and
Edmonds to provide traffic light synchronization on state route number
524.
(4)(a) Upon receipt of funding from the city of Kenmore, the
department shall erect guide signs along Interstate 5, Interstate 405,
and state route 522 directing travelers to Bastyr University and
Kenmore International Air Harbor.
(b) Within existing resources, and only if the department is
replacing existing signs, the department shall erect:
(i) Guide signs on Interstate 405 northbound and southbound that
include the city of Kenmore; and
(ii) Overhead signs on Interstate 5 northbound and southbound that
include the city of Kenmore.
(5) The department, in consultation with the Washington state
patrol, must continue a pilot program for the state 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 2013-2015 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 2013-2015 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 safety camera
infraction notice issued, along with instructions for its completion
and use.
NEW SECTION. Sec. 217 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $27,278,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . $28,281,000
NEW SECTION. Sec. 218 FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA, AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $20,095,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $24,885,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $662,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $2,809,000
Multimodal Transportation Account -- Private/Local
Appropriation . . . . . . . . . . . . $100,000
TOTAL APPROPRIATION . . . . . . . . . . . . $48,551,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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.
(2) The legislature finds that there are sixteen companies involved
in wood preserving in the state that employ four hundred workers and
have an annual payroll of fifteen million dollars. Prior to the
department's switch to steel guardrails, ninety percent of the twenty-five hundred mile guardrail system was constructed of preserved wood
and one hundred ten thousand wood guardrail posts were produced
annually for state use. Moreover, the policy of using steel posts
requires the state to use imported steel. Given these findings, the
department shall contract with an independent research organization
with expertise in the evaluation of wood products to determine on a
life-cycle basis the cost effectiveness of using wood posts versus
steel posts in new guardrail installations.
(a) The study must include the following objectives:
(i) Examine wood posts that are randomly selected, are
representative of commonly found posts in service, and are of
sufficient sampling size to produce a statistically valid data set;
(ii) Assess the residual flexural properties of guardrail posts
after twenty years in service at various sites representing the
climatic and soil variability of the state;
(iii) Measure test results against AASHTO standards;
(iv) Determine residual preservative levels in wood posts in terms
of retention and penetration in order to determine the role of
treatment quality on performance following test procedures outlined in
American wood protection association standards;
(v) Examine the levels of decay in the guardrail posts, in terms of
location of pockets and the presence of viable decay fungi, through
culturing;
(vi) Investigate the effects of decay on flexural properties of
guardrail posts;
(vii) Determine an acceptable level or number of nonstandard posts
(i.e. posts with decay pockets that cause post strength to fall below
AASHTO standards) that can be present in a guardrail run without
compromising performance; and
(viii) Conduct thorough data search or identify case studies, or
both, on service life of wood guardrail posts. Durability test results
should also be factored in when evaluating service life.
(b) The study must be submitted to the office of financial
management and the transportation committees of the legislature by
January 1, 2015.
NEW SECTION. Sec. 219 FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $81,628,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $40,000
TOTAL APPROPRIATION . . . . . . . . . . . . $82,068,000
The appropriations in this section are subject to the following
conditions and limitations: The department of enterprise services 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.
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 . . . . . . . . . . . . $48,687,000
Rural Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $17,000,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $42,177,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $3,280,000
TOTAL APPROPRIATION . . . . . . . . . . . . $111,596,000
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 multimodal transportation account--state
appropriation 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 multimodal transportation account--state
appropriation 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
2011 as reported in the "Summary of Public Transportation - 2011"
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 - 2011" 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.
(c) $2,300,000 of the multimodal transportation account--state
appropriation is provided solely for the tri-county connection service
for Island, Skagit, and Whatcom transit agencies.
(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)(a) $8,687,000 of the regional mobility grant program account--state appropriation is reappropriated and provided solely for the
following regional mobility grant projects identified in LEAP
Transportation Document 2012-1 ALL PROJECTS - Public Transportation -Program (V) as developed March 8, 2012:
(i) $1,619,000 of the amount provided in this subsection is
provided solely for Southeast King County Connectors;
(ii) $900,000 of the amount provided in this subsection is provided
solely for Rainier/Jackson Transit Priority Corridor Improvements;
(iii) $1,546,000 of the amount provided in this subsection is
provided solely for N. 192nd St. to N. 205th St. BAT Lanes;
(iv) $2,082,000 of the amount provided in this subsection is
provided solely for Tukwila Urban Center - Transit Center;
(v) $1,700,000 of the amount provided in this subsection is
provided solely for Poulsbo SR 305/3 Park and Ride;
(vi) $200,000 of the amount provided in this subsection is provided
solely for Plaza Improvements - Wall Street Reconfiguration; and
(vii) $640,000 of the amount provided in this subsection is
provided solely for Alger Park and Ride.
(b) 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
the LEAP transportation document referenced in this subsection. 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 2013-B as developed
April 3, 2013, except for: Mukilteo park and ride plus, where the
funding is awarded to community transit rather than Snohomish county.
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 the LEAP
Transportation Document referenced in this subsection. The department
shall provide annual status reports on December 15, 2013, and December
15, 2014, 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 2013-2015 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) Funds provided for the commute trip reduction (CTR) program may
also be used for the growth and transportation efficiency center
program.
(7) $6,122,000 of the total appropriation in this section is
provided solely for CTR grants and activities. Of this amount:
(a) $3,900,000 of the multimodal transportation account--state
appropriation is provided solely for grants to local jurisdictions,
selected by the CTR board, for the purpose of assisting employers meet
CTR goals;
(b) $1,770,000 of the multimodal transportation account--state
appropriation is provided solely for state costs associated with CTR.
The department shall develop more efficient methods of CTR assistance
and survey procedures; and
(c) $452,000 of the state vehicle parking account--state
appropriation is provided solely for CTR-related expenditures,
including all expenditures related to the guaranteed ride home program
and the STAR pass program.
(8) An affected urban growth area that has not previously
implemented a commute trip reduction program as of the effective date
of this act is exempt from the requirements in RCW 70.94.527.
NEW SECTION. Sec. 221 FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $443,080,000
Puget Sound Ferry Operations Account -- Private/Local
Appropriation . . . . . . . . . . . . $121,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $35,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $478,201,000
The appropriations in this section are 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 2013-2015
supplemental and 2015-2017 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) Until a reservation system is operational on the San Juan
islands inter-island route, the department shall provide the same
priority loading benefits on the San Juan islands inter-island route to
home health care workers as are currently provided to patients
traveling for purposes of receiving medical treatment.
(3) For the 2013-2015 fiscal biennium, the department may enter
into a distributor controlled fuel hedging program and other methods of
hedging approved by the fuel hedging committee.
(4) $77,427,000 of the Puget Sound ferry operations account -- state
appropriation and $35,000,000 of the highway safety account--state
appropriation are provided solely for auto ferry vessel operating fuel
in the 2013-2015 fiscal biennium. The amount provided in this
appropriation represents the fuel budget for the purposes of
calculating any ferry fare fuel surcharge.
(5) $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.
NEW SECTION. Sec. 222 FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $33,362,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $27,319,000 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.
(2) Amtrak Cascades runs may not be eliminated.
(3) The department shall continue 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 December 31, 2013,
to December 31, 2014. The department may offer to Washington
universities an opportunity for business students to work as interns on
the analysis of the pilot program process and results. The department
shall report on the results of the pilot program to the office of
financial management and the legislature by January 31, 2015.
NEW SECTION. Sec. 223 FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $8,736,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,303,000
NEW SECTION. Sec. 301 FOR THE FREIGHT MOBILITY STRATEGIC
INVESTMENT BOARD
Freight Mobility Investment Account--State
Appropriation . . . . . . . . . . . . $11,794,000
Freight Mobility Multimodal Account--State
Appropriation . . . . . . . . . . . . $9,736,000
Freight Mobility Multimodal Account--Private/Local
Appropriation . . . . . . . . . . . . $1,320,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $2,450,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $84,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $3,250,000
TOTAL APPROPRIATION . . . . . . . . . . . . $28,634,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the total
appropriation in this section is provided solely for the implementation
of chapter . . . (Substitute Senate Bill No. 5239), Laws of 2013
(addressing project selection by the freight mobility strategic
investment board). If chapter . . . (Substitute Senate Bill No. 5239),
Laws of 2013 is not enacted by June 30, 2013, the amounts provided in
this section lapse.
(2) $2,450,000 of the highway safety account--state appropriation
is provided solely for grants to meet urgent freight corridor
improvement and preservation needs.
NEW SECTION. Sec. 302 FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . $1,926,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $200,000 of the state patrol highway account--state
appropriation is provided solely for unforeseen emergency repairs on
facilities.
(2) $426,000 of the state patrol highway account--state
appropriation is provided solely for the replacement of the roofs of
the Marysville district office and vehicle inspection building and
Spokane East office.
(3) $450,000 of the state patrol highway account--state
appropriation is provided solely for upgrades to scales at South Pasco,
Deer Park, and Kelso required to meet current certification
requirements.
(4) $850,000 of the state patrol highway account--state
appropriation is provided solely for the replacement of the damaged and
unrepairable scale house at the Everett southbound I-5 weigh scales,
including equipment, weigh-in-motion technology, and an ALPR camera.
NEW SECTION. Sec. 303 FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State
Appropriation . . . . . . . . . . . . $35,894,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $706,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $28,931,000
TOTAL APPROPRIATION . . . . . . . . . . . . $75,531,000
NEW SECTION. Sec. 304 FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . $3,500,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . $175,620,000
TOTAL APPROPRIATION . . . . . . . . . . . . $189,120,000
The appropriations in this section are subject to the following
conditions and limitations: The highway safety account--state
appropriation is provided solely for:
(1) The arterial preservation program to help low tax-based,
medium-sized cities preserve arterial pavements;
(2) The small city pavement program to help cities meet urgent
preservation needs; and
(3) The small city low-energy street light retrofit demonstration
program.
NEW SECTION. Sec. 305 FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITIES -- PROGRAM D -- (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $2,298,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $23,387,000
TOTAL APPROPRIATION . . . . . . . . . . . . $25,685,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The legislature recognizes that the Marginal Way site (King
county parcel numbers 3024049182 & 5367202525) is surplus state-owned
real property under the jurisdiction of the Washington state department
of transportation and that the public would benefit significantly if
this site is used to provide important social services. Therefore, the
legislature declares that committing the Marginal Way site to this use
is consistent with the public interest.
Pursuant to RCW 47.12.063, the department shall work with the owner
of King county parcel number 7643400010, which abuts both parcels of
the Marginal Way site, and shall convey the Marginal Way site to that
abutting property owner for the appraised fair market value of the
parcels, the proceeds of which shall be deposited in the motor vehicle
fund. The conveyance is conditional upon the purchaser's agreement to
commit the use of the Marginal Way site to operations with the goal of
ending hunger in western Washington. The department may not make this
conveyance before September 1, 2013, and may not make this conveyance
after January 15, 2014.
The Washington department of transportation is not responsible for
any costs associated with the cleanup or transfer of the Marginal Way
site.
(2) $250,000 of the motor vehicle fund--state appropriation is
provided solely for NPDES facilities projects (D311701).
(3) $17,000,000 of the motor vehicle account--state appropriation
is provided solely for costs associated with the construction and
consolidation of facilities identified as high priority replacement
projects in the facilities oversight plan prepared for the governor and
the joint transportation committee of the legislature and dated
September 1, 2012. $16,500,000 of this appropriation must be held in
unallotted status until the office of financial management deems that
revenue applicable to the sale of identified surplus property is
sufficient to cover project expenditures. The Wenatchee administrative
building and the Leavenworth and Blewett section maintenance facility
projects are to be included in a pilot demonstration project funded by
this appropriation. Revenue offsetting this appropriation is
anticipated to come from the sale of properties owned by the department
but no longer needed for transportation purposes. A portion of the
appropriation in this section may be used to prepare, market, and sell
the properties providing the offsetting revenue for this appropriation.
Proceeds from the sale of these properties must be deposited in the
motor vehicle account. The department shall report to the office of
financial management and the transportation committees of the
legislature the results of the pilot demonstration project, as well as
suggestions to improve the process as a part of the department's annual
facilities oversight report update.
NEW SECTION. Sec. 306 FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $1,000,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $1,534,698,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $64,620,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $508,631,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . $171,669,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $242,253,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . $509,790,000
State Route Number 520 Corridor Account--Federal
Appropriation . . . . . . . . . . . . $194,915,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $124,000
TOTAL APPROPRIATION . . . . . . . . . . . . $3,227,700,000
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 2013-1 as developed April 3,
2013, Program - Highway Improvement Program (I). However, limited
transfers of specific line-item project appropriations may occur
between projects for those amounts listed subject to the conditions and
limitations in section 602 of this act.
(2) 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.
(3) 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.
(4) The transportation 2003 account (nickel account) -- state
appropriation includes up to $218,801,000 in proceeds from the sale of
bonds authorized by RCW 47.10.861.
(5) The transportation partnership account -- state appropriation
includes up to $1,143,227,000 in proceeds from the sale of bonds
authorized in RCW 47.10.873.
(6) The motor vehicle account -- state appropriation includes up to
$50,000,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(7) $286,840,000 of the transportation partnership account -- state
appropriation, $11,858,000 of the transportation 2003 account (nickel
account) -- state appropriation, and $932,000 of the motor vehicle
account--private/local appropriation are provided solely for the I-5/Tacoma HOV Improvements (Nickel/TPA) project (300504A).
(8)(a) $37,292,000 of the motor vehicle account--federal
appropriation, $11,650,000 of the motor vehicle account--private/local
appropriation, and $800,000 of the motor vehicle account--state
appropriation are provided solely for the I-5/Columbia River Crossing
project (400506A).
(b) It is the intent of the legislature that Washington and Oregon
have equal funding commitments and equal total expenditures to date on
the shared components of the Columbia river crossing project. The
department shall provide quarterly reports on this project beginning
March 31, 2012. The reports must include:
(i) An update on preliminary engineering and right-of-way
acquisition for the previous quarter;
(ii) Planned objectives for right-of-way and preliminary
engineering for the ensuing quarter;
(iii) An updated comparison of the total appropriation authority
for the project by state;
(iv) An updated comparison of the total expenditures to date on the
project by state; and
(v) The committed funding provided by the state of Oregon to right-of-way acquisition.
(c) $200,000 of the transportation partnership account -- state
appropriation in this subsection 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.
(d) 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.
(9) Within the amounts provided for the I-5/Columbia river crossing
project (400506A), the department shall conduct a traffic and revenue
analysis for the Columbia river crossing project that will lay the
foundation for investment grade traffic and revenue analysis. While
conducting the analysis, the department must coordinate with the Oregon
department of transportation, the Washington state transportation
commission, Washington state treasurer's office, and Oregon state
treasurer's office.
(a) The department's analysis must include the assessment and
review of the following variables within the project:
(i) Exemptions from tolls for vehicles with two or more occupants;
(ii) A variable toll where the tolls vary by time of day and day of
the week; and
(iii) A frequency-based toll rate for the facility.
(b) The analysis must also assess the following:
(i) The impact that light rail service in the corridor will have on
estimated toll revenues;
(ii) The level of diversion from the Interstate 5 corridor and the
impact on estimated toll revenues; and
(iii) The estimated toll revenues from vehicle trips originating
within the region and outside the region by vehicle type.
(c) The department must submit a report of findings to the
transportation committees of the legislature by July 1, 2014.
(10)(a) $5,000,000 of the motor vehicle account -- federal
appropriation and $200,000 of the motor vehicle account--state
appropriation are provided solely for the I-90 Comprehensive Tolling
Study and Environmental Review project (100067T). The department shall
undertake a comprehensive environmental review of tolling Interstate 90
between Interstate 5 and Interstate 405 for the purposes of both
managing traffic and providing funding for construction of the unfunded
state route number 520 from Interstate 5 to Medina project. The
environmental review must include significant outreach to potentially
affected communities. The department may consider traffic management
options that extend as far east as Issaquah.
(b)(i) As part of the project in this subsection (10), the
department shall explore and evaluate options to mitigate the effect of
tolling on affected residents, including:
(A) Allowing all Washington residents to traverse a portion of the
tolled section of Interstate 90 without paying a toll. Residents may
choose either (I) the portion of Interstate 90 between the easternmost
landing west of Mercer Island and the westernmost landing on Mercer
Island, or (II) the portion of Interstate 90 between the westernmost
landing east of Mercer Island and the easternmost landing on Mercer
Island;
(B) Assessing a toll only when a driver traverses, in either
direction, the entire portion of Interstate 90 between the easternmost
landing west of Mercer Island and the westernmost landing east of
Mercer Island; and
(C) Allowing affected residents to choose one portion of the tolled
section of Interstate 90 upon which they may travel without paying a
toll. Residents may choose either (I) the portion of Interstate 90
between the easternmost landing west of Mercer Island and the
westernmost landing on Mercer Island, or (II) the portion of Interstate
90 between the westernmost landing east of Mercer Island and the
easternmost landing on Mercer Island.
(ii) The department may also consider any alternative mitigation
options that conform to the purpose of this section.
(iii) For the purposes of this subsection (10), "affected resident"
means anyone who must use a portion of Interstate 90 west of Interstate
405 upon which tolling is considered in order to access necessary
medical services, such as a hospital.
(11) 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 annually until the project is operationally complete.
(12) 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.
(13) $114,369,000 of the transportation partnership account -- state
appropriation and $53,755,000 of the transportation 2003 account
(nickel account) -- state 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. Any future savings on this project or other Interstate 405
corridor projects must stay on the Interstate 405 corridor and be made
available to either the I-405/SR 167 Interchange - Direct Connector
project (140504C) or the I-405 Renton to Bellevue project.
(14) $541,901,000 of the transportation partnership account--state
appropriation, $144,954,000 of the motor vehicle account--federal
appropriation, $129,779,000 of the motor vehicle account--private/local
appropriation, and $78,004,000 of the transportation 2003 account
(nickel account)--state appropriation are provided solely for the SR
99/Alaskan Way Viaduct - Replacement project (809936Z).
(15) $117,403,000 of the transportation partnership account--state
appropriation is provided solely for the I-90/Snoqualmie Past East –
Hyak to Keechelus Dam – Corridor Improvement project (509009B).
(16) $7,408,000 of the transportation partnership account--state
appropriation, $14,594,000 of the transportation 2003 account (nickel
account)--state appropriation, $3,730,000 of the motor vehicle
account--state appropriation, $1,000,000 of the multimodal
transportation account--state appropriation, and $41,395,000 of the
motor vehicle account--federal appropriation are provided solely for
the US 395/North Spokane Corridor projects (600010A & 600003A). Any
future savings on the projects must stay on the US 395/Interstate 90
corridor and be made available to the current phase of the North
Spokane Corridor projects or any future phase of the projects.
(17) $3,151,000 of the motor vehicle account--state appropriation
and $11,821,000 of the motor vehicle account--federal appropriation are
provided solely for the I-5/SR 510 to SR 512 – Mobility Improvements
project (300596T).
(18)(a) The state route number 520 bridge replacement and HOV
program (8BI1003) is supported over time from multiple sources,
including a $300,000,000 TIFIA loan, $819,524,625 in Garvee bonds, toll
revenues, state bonds, interest earnings, and other miscellaneous
sources.
(b) The state route number 520 corridor account--state
appropriation includes up to $678,869,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879.
(c) The state route number 520 corridor account--federal
appropriation includes up to $194,915,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879.
(d) $153,123,000 of the transportation partnership account--state
appropriation, $194,915,000 of the state route number 520 corridor
account--federal appropriation, $68,893,000 of the motor vehicle
account--federal appropriation, and $509,790,000 of the state route
number 520 corridor account--state appropriation are provided solely
for the state route number 520 bridge replacement and HOV program
(BI1003).
(e) 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.
(19) The department shall itemize all future requests for the
construction of new buildings on a project list. Each building
construction project must be listed in the project list along with all
other highway construction projects and submitted by the department as
part of its budget submittal. It is the intent of the legislature that
new facility construction must be transparent and not appropriated
within larger highway construction projects.
(20) The motor vehicle account--federal appropriation contained in
this section includes $50,000,000 for future federal improvement
projects (099904Q).
(21) $1,458,000 of the transportation partnership account--state
appropriation and $1,348,000 of the transportation 2003 account (nickel
account)--state appropriation are provided solely for the Environmental
Mitigation Reserve - Nickel/TPA project (0BI4ENV), 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).
(22) $11,162,000 of the motor vehicle account--private/local
appropriation is provided solely for the US 2/Bickford Avenue -Intersection Safety Improvements project (100210E).
(23) $595,000 of the motor vehicle account--state appropriation is
provided solely for environmental work on the Belfair Bypass project
(300344C).
(24) $2,405,000 of the motor vehicle account--federal appropriation
and $45,000 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).
(25) $155,000 of the motor vehicle account--federal appropriation
and $6,000 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.
(26) $2,112,000 of the motor vehicle account--federal
appropriation, $500,000 of the motor vehicle account--private/local
appropriation, and $58,000 of the motor vehicle account--state
appropriation are provided solely for the SR 20/Race Road to Jacob's
Road safety project (L2200042).
(27) $790,000 of the motor vehicle account--federal appropriation
and $883,000 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.
(28) $631,000 of the motor vehicle account--federal appropriation
and $26,000 of the motor vehicle account--state appropriation are
provided solely for preliminary engineering on the I-5/Marvin Road
Interchange study (L2200087).
(29) $150,000 of the motor vehicle account--federal appropriation
is provided solely for the SR 150/No-See-Um Road Intersection -Realignment project (L2200092).
(30) $15,813,000 of the motor vehicle account--federal
appropriation, $311,000 of the motor vehicle account--state
appropriation, and $2,346,000 of the transportation partnership
account--state appropriation are provided solely for the Fish Passage
Barriers (TPA) project (099955F).
(31) 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.
(32) $22,347,000 of the motor vehicle account--state appropriation
is provided solely to advance the design, preliminary engineering, and
rights-of-way acquisition for the priority projects identified in LEAP
Transportation Document 2013-3 as developed April 3, 2013. Funds must
be used to advance the emergent, initial development of these projects
for the purpose of expediting delivery of the associated major
investments when funding for such investments becomes available.
Funding may be reallocated between projects to maximize the
accomplishment of design and preliminary engineering work and
rights-of-way acquisition, provided that all projects are addressed.
It is the intent of the legislature that, while seeking to maximize the
outcomes in this section, the department shall provide for continuity
of both the state and consulting engineer workforce, while
strategically utilizing private sector involvement to ensure
consistency with the department's business plan for staffing in the
highway construction program in the current fiscal biennium.
(33) The legislature finds that there are sixteen companies
involved in wood preserving in the state that employ four hundred
workers and have an annual payroll of fifteen million dollars. Prior
to the department's switch to steel guardrails, ninety percent of the
twenty-five hundred mile guardrail system was constructed of preserved
wood and one hundred ten thousand wood guardrail posts were produced
annually for state use. Moreover, the policy of using steel posts
requires the state to use imported steel. Given these findings, where
practicable, and until June 30, 2015, the department shall include the
design option to use wood guardrail posts, in addition to steel posts,
in new guardrail installations. The selection of posts must be
consistent with the agency design manual policy that existed before
December 2009.
(34) The legislature finds that "right-sizing" is a lean,
metric-based approach to determining project investments. This concept
entails compromise between project cost and design, incorporating local
community needs, desired outcomes, and available funding. Furthermore,
the legislature finds that the concepts and principles the department
has utilized in the safety analyst program have been effective tools to
prioritize projects and reduce project costs. Therefore, the
department shall establish a pilot project on the SR 3/Belfair Bypass
- New Alignment (300344C) to begin implementing the concept of
"right-sizing" in the highway construction program.
(35) $1,100,000 of the motor vehicle account--federal appropriation
is reappropriated from Program Z and provided solely for the 31st Ave
SW Overpass Widening and Improvement project (L1100048).
(36) For urban corridors that are all or partially within a
metropolitan planning organization boundary and for which the
department has not initiated environmental review and which require an
environmental impact statement, the department shall do a detailed
environmental review of reasonable alternatives to accomplish the
project's purpose before selecting a preferred alternative. At least
one alternative shall be consistent with the goals set out in RCW
47.01.440.
NEW SECTION. Sec. 307 FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $36,473,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $61,634,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $600,133,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . $11,271,000
Tacoma Narrows Toll Bridge Account--State Appropriation . . . . . . . . . . . . $3,008,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . $2,285,000
TOTAL APPROPRIATION . . . . . . . . . . . . $724,804,000
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 2013-1 as developed April 3,
2013, Program - Highway Preservation Program (P). However, limited
transfers of specific line-item project appropriations may occur
between projects for those amounts listed subject to the conditions and
limitations in section 602 of this act.
(2) 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.
(3) $27,278,000 of the motor vehicle account -- federal appropriation
and $1,141,000 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.
(4) $1,371,000 of the motor vehicle account--federal appropriation,
$206,000 of the motor vehicle account--private/local appropriation, and
$72,000 of the motor vehicle account--state appropriation are provided
solely for the SR 21/Keller Ferry Boat - Replace Boat project
(602110J).
(5) $60,000 of the motor vehicle account--federal appropriation is
provided solely for the Seismic Bridges Program - High & Med. Risk
(TPA) project (099955H).
(6) The department shall examine the use of electric arc furnace
slag for use as an aggregate for new roads and paving projects in high
traffic areas and report back to the legislature on its current use in
other areas of the country and any characteristics that can provide
greater wear resistance and skid resistance in new pavement
construction.
NEW SECTION. Sec. 308 FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $3,194,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,959,000
TOTAL APPROPRIATION . . . . . . . . . . . . $11,153,000
NEW SECTION. Sec. 309 FOR THE DEPARTMENT OF TRANSPORTATION -- WASHINGTON STATE FERRIES CONSTRUCTION -- PROGRAM W
Puget Sound Capital Construction Account -- State
Appropriation . . . . . . . . . . . . $53,506,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . $92,648,000
Puget Sound Capital Construction Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,145,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $1,534,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $107,446,000
TOTAL APPROPRIATION . . . . . . . . . . . . $256,279,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed in LEAP Transportation Document 2013-2 ALL
PROJECTS as developed April 3, 2013, Program - Washington State Ferries
Capital Program (W).
(2) The Puget Sound capital construction account -- state
appropriation includes up to $20,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.843.
(3) $107,138,000 of the transportation 2003 account (nickel
account) -- state appropriation is provided solely for the acquisition of
two 144-car vessels (projects L2200038 and L2200039). The department
shall use as much already procured equipment as practicable on the 144-car vessels.
(4) $13,739,000 of the total appropriation is provided solely for
the Mukilteo ferry terminal (project 952515P). The department shall
seek additional federal funding for this project.
(5) $4,395,000 of the Puget Sound capital construction account -- state appropriation is provided solely for emergency capital repair
costs (project 999910K).
(6) Consistent with RCW 47.60.662, which requires the Washington
state ferry system to collaborate with passenger-only ferry and transit
providers to provide service at existing terminals, the department
shall ensure that multimodal access, including for passenger-only
ferries and transit service providers, is not precluded by any future
modifications at the terminal.
(7) $3,800,000 of the Puget Sound capital construction account--state appropriation is provided solely for the reservation and
communications system projects (L200041 & L200042).
NEW SECTION. Sec. 310 FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account -- State
Appropriation . . . . . . . . . . . . $455,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . $8,582,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $40,978,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $318,960,000
TOTAL APPROPRIATION . . . . . . . . . . . . $368,975,000
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 2013-2 ALL PROJECTS as developed April 3, 2013, Program - Rail
Capital Program (Y).
(b)(i) Within the amounts provided in this section, $8,582,000 of
the transportation infrastructure account -- state appropriation is for
low-interest loans through the freight rail investment bank program.
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.
(ii) Within the amounts provided in this subsection, $900,000 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 to upgrade and extend the on-dock rail to support
a new roll-on/roll-off facility.
(c) Within the amounts provided in this section, $2,439,000 of the
multimodal transportation account -- state appropriation and $311,000 of
the essential rail assistance account -- state appropriation are for
statewide emergent freight rail assistance projects.
(2)(a) 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 (b) 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.
(b) 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) $309,460,000 of the multimodal transportation account -- federal
appropriation and $4,772,000 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.
(4) As allowable under federal rail authority rules and existing
competitive bidding practices, when purchasing new train sets, the
department shall give preference to bidders that propose train sets
with characteristics and maintenance requirements most similar to those
currently owned by the department.
(5) Funds generated by the grain train program are solely for
operating, sustaining, and enhancing the grain train program including,
but not limited to, operations, capital investments, inspection,
developing business plans for future growth, and fleet management. Any
funds deemed by the department, in consultation with relevant port
districts, to be in excess of current operating needs or capital
reserves of the grain train program may be transferred from the
miscellaneous program account to the essential rail assistance account
for the purpose of sustaining the grain train program through
maintaining the Palouse river and Coulee City railroad line, on which
the grain train program operates.
(6) $144,000 of the essential rail assistance account -- state
appropriation and $2,299,000 of the multimodal transportation account--state appropriation are provided solely for the purpose of
rehabilitation and maintenance of the Palouse river and Coulee City
railroad line.
(7) $31,500,000 of the total appropriation is provided solely for
the purchase of two new train sets for the state-supported intercity
passenger rail service. The department shall apply for any federal
waivers required to purchase the new train sets, as allowable under
existing competitive bidding practices.
NEW SECTION. Sec. 311 FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal
Appropriation . . . . . . . . . . . . $1,602,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . $11,794,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $7,214,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $11,255,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $6,868,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $32,413,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . $9,736,000
Freight Mobility Multimodal Account -- Private/Local
Appropriation . . . . . . . . . . . . $1,320,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $13,913,000
TOTAL APPROPRIATION . . . . . . . . . . . . $96,322,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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, 2013, and December 1, 2014.
(2) 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 2013-2 ALL PROJECTS as developed April 3, 2013, Program -Local program (Z).
(3) 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. The department may negotiate with
the city of Tacoma an agreement for repayment of the funds over a
period of up to twenty-five years at terms agreed upon by the
department and the city. The funds previously advanced by the
department to the city are not to be considered a general obligation of
the city but instead an obligation payable from identified revenues set
aside for the repayment of the funds. The department shall not weigh
the city's status of repayment against any competitive funding for
further repair or maintenance of the bridge for which the city would
otherwise be eligible.
(4)(a) In accordance with the distribution of federal
transportation funds agreement reached on October 23, 2012, $12,160,000
of the multimodal transportation account--state appropriation,
$8,805,000 of the highway safety account--state appropriation,
$6,824,000 of the transportation partnership account--state
appropriation, and $15,162,000 of the motor vehicle account--federal
appropriation are provided solely for the pedestrian and bicycle safety
program projects and safe routes to schools projects.
(b) Of the amounts appropriated in this subsection, $11,700,000 of
the motor vehicle account--federal appropriation, $5,200,000 of the
motor vehicle account--state appropriation, and $6,800,000 of the
highway safety account--state appropriation are provided solely for
newly selected projects for the safe routes to school grant program.
The amount provided for new projects is intended to reflect the impact
of the fee increases in chapter 74, Laws of 2012 and chapter 80, Laws
of 2012 on the funding levels for new safe routes to school program
projects established by the 2011-2013 omnibus transportation
appropriations act. The motor vehicle account--state appropriation is
the amount made available by the repeal of the deduction from motor
vehicle fuel tax liability for handling losses of motor vehicle fuel,
which is provided by RCW 82.36.029.
(5) $84,000 of the motor vehicle account--state appropriation,
$3,250,000 of the motor vehicle account--federal appropriation,
$2,450,000 of the highway safety account--state appropriation,
$11,794,000 of the freight mobility investment account--state
appropriation, $9,736,000 of the freight mobility multimodal account--state appropriation, and $1,320,000 of the freight mobility multimodal
account--private/local appropriation are provided solely for the
projects and activities as listed by project and amount in LEAP
Transportation Document 2013-C as developed April 3, 2013. If chapter
. . . (Substitute Senate Bill No. 5239), Laws of 2013 is enacted by
June 30, 2013, the amounts provided in this subsection lapse.
(6) Sufficient amounts are appropriated within this section to
implement chapter . . . (Substitute House Bill No. 1420), Laws of 2013
(public contracts for transportation improvement projects).
NEW SECTION. Sec. 312 REPORTING REQUIREMENTS FOR CAPITAL
PROGRAM
On a quarterly basis, the department of transportation shall
provide to the office of financial management and the legislative
transportation committees the following reports for all capital
programs:
(1) For active projects, the report must include:
(a) A TEIS version containing actual capital expenditures for all
projects consistent with the structure of the most recently enacted
budget;
(b) Anticipated cost savings, cost increases, reappropriations, and
schedule adjustments for all projects consistent with the structure of
the most recently enacted budget;
(c) The award amount, the engineer's estimate, and the number of
bidders for all active projects consistent with the structure of the
most recently enacted budget;
(d) Projected costs and schedule for individual projects that are
funded at a programmatic level for projects relating to bridge rail,
guard rail, fish passage barrier removal, roadside safety projects, and
seismic bridges. Projects within this programmatic level funding must
be completed on a priority basis and scoped to be completed within the
current programmatic budget;
(e) Highway projects that may be reduced in scope and still achieve
a functional benefit;
(f) Highway projects that have experienced scope increases and that
can be reduced in scope;
(g) Highway projects that have lost significant local or regional
contributions that were essential to completing the project; and
(h) Contingency amounts for all projects consistent with the
structure of the most recently enacted budget.
(2) For completed projects, the report must:
(a) Compare the original project cost estimates and schedule
approved in the transportation 2003 and 2005 transportation partnership
project lists to the completed cost of the project;
(b) Compare the costs and operationally complete date for projects
on the transportation 2003 and 2005 transportation partnership project
lists to the last legislatively adopted project list prior to the
completion of a project;
(c) Compare the costs and operationally complete date for projects
with budgets of twenty million dollars that are funded with preexisting
funds to the original project cost estimates and schedule; and
(d) Provide a list of nickel and TPA projects charging to the
nickel/TPA environmental mitigation reserve (OBI4ENV) and the amount
each project is charging.
(3) For prospective projects, the report must:
(a) Identify the estimated advertisement date for all projects
consistent with the structure of the most recently enacted budget that
are going to advertisement during the current biennium;
(b) Identify the anticipated operationally complete date for all
projects consistent with the structure of the most recently enacted
budget that are going to advertisement during the current biennium; and
(c) Identify the estimated cost of completion for all projects
consistent with the structure of the most recently enacted budget that
are going to advertisement during the current biennium.
NEW SECTION. Sec. 313 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
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $10,289,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $630,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $3,866,000
Highway Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $1,076,005,000
Ferry Bond Retirement Account -- State Appropriation . . . . . . . . . . . . $31,824,000
Transportation Improvement Board Bond Retirement
Account -- State Appropriation . . . . . . . . . . . . $16,267,000
Nondebt-Limit Reimbursable Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $25,825,000
Toll Facility Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $52,050,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $1,969,000
Toll Facility Bond Retirement Account--Federal
Appropriation . . . . . . . . . . . . $64,982,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $2,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,283,709,000
NEW SECTION. Sec. 402 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,143,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $70,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $531,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $218,000
TOTAL APPROPRIATION . . . . . . . . . . . . $1,962,000
NEW SECTION. Sec. 403 FOR THE STATE TREASURER -- BOND RETIREMENT
AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR
MVFT BONDS AND TRANSFERS
The department of transportation is authorized to sell up to
$20,000,000 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.
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 . . . . . . . . . . . . $474,610,000
NEW SECTION. Sec. 405 FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account--State Appropriation: For
motor vehicle fuel tax refunds and statutory
transfers . . . . . . . . . . . . $1,235,491,000
NEW SECTION. Sec. 406 FOR THE DEPARTMENT OF LICENSING -- TRANSFERS
Motor Vehicle Account--State Appropriation: For motor
vehicle fuel tax refunds and transfers . . . . . . . . . . . . $138,627,000
NEW SECTION. Sec. 407 FOR THE STATE TREASURER -- ADMINISTRATIVE
TRANSFERS
(1) Recreational Vehicle Account -- State
Appropriation: For transfer to the Motor Vehicle
Account -- State . . . . . . . . . . . . $1,300,000
(2) Multimodal Transportation Account -- State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account -- State . . . . . . . . . . . . $13,000,000
(3) Rural Mobility Grant Program Account -- State
Appropriation: For transfer to the Multimodal
Transportation Account -- State . . . . . . . . . . . . $3,000,000
(4) Motor Vehicle Account -- State
Appropriation: For transfer to the Special Category C
Account -- State . . . . . . . . . . . . $1,500,000
(5) Capital Vessel Replacement Account -- State
Appropriation: For transfer to the Transportation 2003
Account (Nickel Account) -- State . . . . . . . . . . . . $7,702,000
(6) Multimodal Transportation Account--State
Appropriation: For transfer to the Public Transportation
Grant Program Account--State . . . . . . . . . . . . $26,000,000
(7) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . $26,000,000
(8) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Capital Construction
Account--State . . . . . . . . . . . . $48,000,000
(9) State Route Number 520 Civil Penalties
Account--State Appropriation: For transfer to the
State Route Number 520 Corridor Account--State . . . . . . . . . . . . $886,000
(10) Multimodal Transportation Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $10,000,000
(11) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway
Account--State . . . . . . . . . . . . $22,000,000
(12) Multimodal Transportation Account--State
Appropriation: For transfer to the State Patrol Highway
Account--State . . . . . . . . . . . . $5,000,000
NEW SECTION. Sec. 408 FOR THE STATE TREASURER: FOR
DISTRIBUTION TO TRANSIT ENTITIES
Public Transportation Grant Program Account--State
Appropriation . . . . . . . . . . . . $26,000,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) One-eighth of the appropriation in this section must be
distributed quarterly to transit authorities according to the
distribution formula in subsection (2) of this section. Funding must
be used for operations.
(2) Of the amounts provided in subsection (1) of this section:
(a) One-third must be distributed based on vehicle miles of service
provided;
(b) One-third must be distributed based on the number of vehicle
hours of service provided; and
(c) One-third must be distributed based on the number of passenger
trips.
(3) For the purposes of this section:
(a) "Transit authorities" has the same meaning as in RCW
9.91.025(2)(c).
(b) "Vehicle miles of service," "vehicle hours of service," and
"passenger trips" are transit service metrics as reported by the public
transportation program of the department of transportation in the
annual report required in RCW 35.58.2796 for calendar year 2011.
NEW SECTION. Sec. 409 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. 410 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 NOT
IMPAIRED
Nothing in this act prohibits the expenditure of any funds by an
agency or institution of the state for benefits guaranteed by any
collective bargaining agreement in effect on the effective date of this
section.
NEW SECTION. Sec. 502 COLLECTIVE BARGAINING AGREEMENTS
Sections 503 through 516 of this act represent the results of the
2013-2015 collective bargaining process required under chapters 47.64,
41.80, and 41.56 RCW. Provisions of the collective bargaining
agreements contained in sections 503 through 516 of this act are
described in general terms. Only major economic terms are included in
the descriptions. These descriptions do not contain the complete
contents of the agreements. The collective bargaining agreements or
the continuation of terms and conditions of the 2011-2013 agreements
contained in sections 503 through 516 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. 503 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- OPEIU
An agreement has been reached between the governor and the office
and professional employees international union local eight (OPEIU)
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for an additional step on the OPEIU salary
schedule. The agreement also includes a one percent salary increase
for all bargaining unit members effective July 1, 2014, through June
30, 2015, contingent on the state collecting $200,000,000 or more in
unanticipated general fund--state revenue from increased economic
activity.
NEW SECTION. Sec. 504 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- FASPAA
An agreement has been reached between the governor and the ferry
agents, supervisors, and project administrators association pursuant to
chapter 47.64 RCW for the 2013-2015 fiscal biennium. Funding is
provided for a one percent salary increase for all bargaining unit
members beginning July 1, 2013, and a one percent salary increase for
all bargaining unit members beginning July 1, 2014.
NEW SECTION. Sec. 505 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- SEIU LOCAL 6
An agreement has been reached between the governor and the service
employees international union local six pursuant to chapter 47.64 RCW
for the 2013-2015 fiscal biennium. Funding is provided for a new step
on the salary schedule. The agreement also includes a one percent
salary increase for all bargaining unit members effective July 1, 2014,
through June 30, 2015, contingent on the state collecting $200,000,000
or more in unanticipated general fund--state revenue from economic
activity.
NEW SECTION. Sec. 506 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- CARPENTERS
An agreement has been reached between the governor and the pacific
northwest regional council of carpenters pursuant to chapter 47.64 RCW
for the 2013-2015 fiscal biennium. Funding is provided for a one and
one-half percent salary increase for all bargaining unit members
beginning July 1, 2013, and a one and one-half percent salary increase
for all bargaining unit members beginning July 1, 2014.
NEW SECTION. Sec. 507 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- METAL TRADES
An agreement has been reached between the governor and the Puget
Sound metal trades council through an interest arbitration decision
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for the awarded one and one-half percent salary
increase for all bargaining unit members beginning July 1, 2013, and a
one and one-half percent salary increase for all bargaining unit
members beginning July 1, 2014.
NEW SECTION. Sec. 508 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MEBA-UL
An agreement has been reached between the governor and the marine
engineers' beneficial association unlicensed engine room employees
through an interest arbitration decision pursuant to chapter 47.64 RCW
for the 2013-2015 fiscal biennium. Funding is provided for the awarded
one percent salary increase for all bargaining unit members beginning
July 1, 2013, a one percent salary increase for all bargaining unit
members beginning July 1, 2014, and additional vacation accrual
beginning July 1, 2014.
NEW SECTION. Sec. 509 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MEBA-L
An agreement has been reached between the governor and the marine
engineers' beneficial association licensed engineer officers through an
interest arbitration decision pursuant to chapter 47.64 RCW for the
2013-2015 fiscal biennium. Funding is provided for the awarded one
percent salary increase for all bargaining unit members beginning July
1, 2013, a one percent salary increase for all bargaining unit members
beginning July 1, 2014, and additional vacation accrual beginning July
1, 2014.
NEW SECTION. Sec. 510 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MM&P MATES
An agreement has been reached between the governor and the masters,
mates, and pilots - mates through an interest arbitration decision
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for the awarded three percent salary increase for
all bargaining unit members beginning July 1, 2014, additional pay for
relief employees, increased uniform allowance, and increased Friday
Harbor relief pay.
NEW SECTION. Sec. 511 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MM&P MASTERS
An agreement has been reached between the governor and the masters,
mates, and pilots - masters through an interest arbitration decision
pursuant to chapter 47.64 RCW for the 2013-2015 fiscal biennium.
Funding is provided for a one percent salary increase for all
bargaining unit members beginning July 1, 2013, a one percent salary
increase for all bargaining unit members beginning July 1, 2014, relief
assignment pay for all compensated hours beginning July 1, 2014,
increased uniform allowance, increased license renewal allowance, and
increased Friday Harbor relief pay.
NEW SECTION. Sec. 512 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS -- MM&P WATCH SUPERVISORS
An agreement has been reached between the governor and the masters,
mates, and pilots - watch supervisors through an interest arbitration
decision pursuant to chapter 47.64 RCW for the 2013-2015 fiscal
biennium. Funding is provided for the awarded 16.125 percent salary
increase for all bargaining unit members beginning July 1, 2013, and a
16.125 percent salary increase for all bargaining unit members
beginning July 1, 2014.
NEW SECTION. Sec. 513 DEPARTMENT OF TRANSPORTATION MARINE
DIVISION COLLECTIVE BARGAINING AGREEMENTS--IBU
An agreement has been reached between the governor and the
inlandboatmen's union of the pacific pursuant to chapter 47.64 RCW for
the 2013-2015 fiscal biennium. Funding is provided for an eighteen
percent increase for entry-level wage rates for all bargaining unit
members beginning July 1, 2013. For all other wage rates, funding is
provided to increase rates two and one-half percent for all bargaining
unit members beginning July 1, 2013, and to increase rates two and one-half percent for all bargaining unit members beginning July 1, 2014.
Funding is also provided for marine license fees.
NEW SECTION. Sec. 514 COLLECTIVE BARGAINING AGREEMENTS -- PTE
LOCAL 17
An agreement has been reached between the governor and the
professional and technical employees local seventeen under chapter
41.80 RCW for the 2013-2015 fiscal biennium. Funding is provided to
add a longevity step. The agreement also includes a one percent salary
increase for all bargaining unit members effective July 1, 2014,
through June 30, 2015, contingent on the state collecting $200,000,000
or more in unanticipated general fund--state revenue from increased
economic activity.
NEW SECTION. Sec. 515 COLLECTIVE BARGAINING AGREEMENTS -- WSP
TROOPERS ASSOCIATION
An agreement has been reached between the governor and the
Washington state patrol troopers association through an interest
arbitration decision under chapter 41.56 RCW for the 2013-2015 fiscal
biennium. Funding is provided for the awarded three percent salary
increase for all bargaining unit members effective July 1, 2013, and a
one percent increase to longevity pay for years five through nine
effective July 1, 2014.
NEW SECTION. Sec. 516 COLLECTIVE BARGAINING AGREEMENTS -- WSP
LIEUTENANTS ASSOCIATION
An agreement has been reached between the governor and the
Washington state patrol lieutenants association through an interest
arbitration decision under chapter 41.56 RCW for the 2013-2015 fiscal
biennium. Funding is provided for the awarded three percent salary
increase for all bargaining unit members effective July 1, 2014, and
for parking of department-issued vehicles for employees assigned
vehicles at the general administration building or capitol campus.
NEW SECTION. Sec. 517 COMPENSATION--REPRESENTED EMPLOYEES--SUPER COALITION--INSURANCE BENEFITS
No agreement has been reached between the governor and the health
care super coalition under chapter 41.80 RCW for the 2013-2015 fiscal
biennium. Appropriations in this act for state agencies, including
institutions of higher education, are sufficient to continue the
provisions of the 2011-2013 collective bargaining agreement and are
subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan must not exceed $809 per eligible employee for
fiscal year 2014. For fiscal year 2015, the monthly employer funding
rate must not exceed $820 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board must require any of the
following: Employee premium copayments; increases in point-of-service
cost sharing; the implementation of managed competition; or other
changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts must not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2014 and 2015, the subsidy must be
$150.00 per month.
NEW SECTION. Sec. 518 COMPENSATION--REPRESENTED EMPLOYEES
OUTSIDE SUPER COALITION--INSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for
represented employees outside the super coalition for health benefits
and are subject to the following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan must not exceed $809 per eligible employee for
fiscal year 2014. For fiscal year 2015, the monthly employer funding
rate must not exceed $820 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any of the
following: Employee premium copayments; increases in point-of-service
cost sharing; the implementation of managed competition; or other
changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts must not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2014 and 2015, the subsidy must be
$150.00 per month.
NEW SECTION. Sec. 519 COMPENSATION--NONREPRESENTED EMPLOYEES--INSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for
nonrepresented state employee health benefits for state agencies,
including institutions of higher education, and are subject to the
following conditions and limitations:
(1)(a) The monthly employer funding rate for insurance benefit
premiums, public employees' benefits board administration, and the
uniform medical plan must not exceed $809 per eligible employee for
fiscal year 2014. For fiscal year 2015, the monthly employer funding
rate must not exceed $820 per eligible employee.
(b) In order to achieve the level of funding provided for health
benefits, the public employees' benefits board shall require any of the
following: Employee premium copayments; increases in point-of-service
cost sharing; the implementation of managed competition; or make other
changes to benefits consistent with RCW 41.05.065.
(c) The health care authority shall deposit any moneys received on
behalf of the uniform medical plan as a result of rebates on
prescription drugs, audits of hospitals, subrogation payments, or any
other moneys recovered as a result of prior uniform medical plan claims
payments into the public employees' and retirees' insurance account to
be used for insurance benefits. Such receipts must not be used for
administrative expenditures.
(2) The health care authority, subject to the approval of the
public employees' benefits board, shall provide subsidies for health
benefit premiums to eligible retired or disabled public employees and
school district employees who are eligible for medicare, pursuant to
RCW 41.05.085. For calendar years 2014 and 2015, the subsidy must be
$150.00 per month.
NEW SECTION. Sec. 520 COMPENSATION--NONREPRESENTED EMPLOYEES--SALARIES AND WAGES
For classified state employees, except those within the Washington
management service and those represented by a bargaining unit under
chapter 41.80, 41.56, or 47.64 RCW, funding is provided within agency
appropriations for implementation of a longevity step, in accordance
with rules adopted under RCW 41.06.133.
Sec. 521 RCW 47.64.170 and 2011 c 367 s 712 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)) 2013-2015 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.)) The legislature may act upon a 2013-2015 collective bargaining agreement related to employee health care
benefits if an agreement is reached and submitted to the office of
financial management and legislative budget committees before final
legislative action on the biennial or supplemental operating budget by
the sitting legislature.
(c) For the collective bargaining agreements negotiated for the
2013-2015 fiscal biennium, the legislature may consider a request for
funds to implement a collective bargaining agreement reached after
October 1st after a determination of financial infeasibility by the
director of the office of financial management if the request for funds
is transmitted to the legislature as part of the governor's budget
document submitted under RCW 43.88.030 and 43.88.060.
Sec. 522 RCW 47.64.270 and 2011 c 367 s 713 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)) 2013-2015 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.))
NEW SECTION. Sec. 601 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. The department shall submit a report on the progress
made in 2011-2013 by July 1, 2013.
(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.
NEW SECTION. Sec. 602 FUND TRANSFERS
(1) The transportation 2003 projects or improvements and the 2005
transportation partnership projects or improvements are listed in the
LEAP list titled 2013-1 as developed April 3, 2013, 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 2011-2013 and 2013-2015
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;
(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. 603 CAPITAL BUDGETING EVALUATION
The office of financial management shall convene a work group by
June 2013 to evaluate the financial oversight of department of
transportation capital projects when the legislature is not in session.
Representatives of the group must include office of financial
management staff, house of representatives and senate transportation
committee staff, department of transportation capital budget
representatives, joint transportation committee staff, and house of
representatives and senate caucus staff. Legislative staff may provide
technical assistance and other research services to the work group but
may not participate in policy decisions or recommendations. The group
shall develop recommendations for 2015-2017 budget instructions,
reporting enhancements, and budget system improvements, and make other
recommendations in order to enhance the transparency and accountability
of department of transportation capital projects.
NEW SECTION. Sec. 604 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
enterprise services 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 $13,425,000 plus financing expenses and required reserves
pursuant to chapter 39.94 RCW for the design and construction of a
traffic management center.
(b) Washington state patrol: Enter into a financing contract for
up to $4,680,000 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.
NEW SECTION. Sec. 605 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 quarterly 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. 606 (1) The department of transportation shall
prepare an updated facilities and property plan to improve the
oversight of real estate procurement and property management across all
department programs and regions, including the Washington state
ferries. The plan must be submitted to the office of financial
management and the transportation committees of the legislature by
December 31, 2013. The plan must include:
(a) An inventory of all currently owned and leased buildings,
including tunnel and bridge operation or maintenance facilities, and
traffic management centers as provided by the state's facilities
inventory process prescribed by the office of financial management
annually by September 1st;
(b) A land inventory, as of October 2013, including an indication
of whether the land is being held for right-of-way, disposition, or
future operational facilities;
(c) A prioritized list of all facilities that are planned to be
constructed, renovated, or remodeled in the next ten years, including
each facilities' purpose and use, and the funding source indicating
whether the funding that is assumed for the facility improvements is
project or operational funding;
(d) A list of options for consolidating staff, equipment, and
operational activities to reduce costs with an emphasis on
consolidating facilities from leased facilities into state-owned
facilities. New locations for a permanent state program or activity,
unless a life-cycle cost analysis supports leasing in lieu of ownership
or funds are not available for construction, should be state-owned
facilities;
(e) A department-wide coordinated process and plan for regularly
evaluating facility needs, which includes all facilities in the
inventory under (a) of this subsection; and
(f) A list of department-owned property that can be declared
surplus property.
(2) Except as provided otherwise in this act, the department of
transportation may not enter into new leases, equal value exchanges, or
property transactions, including land acquisitions, except for right-of-way purchases for projects on the legislative project lists, without
first consulting with the office of financial management.
NEW SECTION. Sec. 607 FOR THE DEPARTMENT OF TRANSPORTATION
As part of its 2014 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 2011-2013 fiscal biennium into
the 2013-2015 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 2013
enacted omnibus transportation appropriations act.
NEW SECTION. Sec. 608 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. 609 The department of transportation, in
conjunction with the office of minority and women's business
enterprises, shall review existing minority and women's business
enterprise inclusion plans that have been implemented in the state of
Washington or other states at the local or state level for project
contracts. The review must also: Analyze and recommend what contract
amount levels would benefit from an inclusion plan as part of the
contract bidding process; determine whether the inclusion plan would
replace or complement existing outreach plans; develop options for how
to determine market availability of qualified firms; develop options
for how bidders would establish their goals in their project bid
submittals; and, for project bid scoring, how the processes work for
market place availability, identification of women and minority-owned
enterprises to be utilized during the project time frame, and
contractor past performance in achieving market place availability.
The review must include options for post-project review of actual
results compared with the inclusion plan submitted with the original
bid documents. The review must also include options with advantages
and disadvantages of using a minority and women's business enterprise
expert in the bid process. A report is due to the transportation
committees of the legislature by December 1, 2013.
NEW SECTION. Sec. 610 VOLUNTARY RETIREMENT AND SEPARATION
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 and/or separation program that is
cost neutral or results in cost savings, including costs to the state
pension systems, over a two-year period following the commencement of
the program, provided that the program is approved by the director of
financial management. Agencies participating in this authorization may
offer voluntary retirement and/or separation incentives and options
according to procedures and guidelines established by the office of
financial management, in consultation with the office of the state
human resources director and the department of retirement systems. The
options may include, but are not limited to, financial incentives for
voluntary separation or retirement. An employee does not have any
contractual right to a financial incentive offered pursuant to this
section. Offers must be reviewed and monitored jointly by the office
of the state human resources director and the department of retirement
systems. Agencies must submit a report by July 30, 2015, to the
legislature and the office of financial management on the outcome of
their approved incentive program. The report should include
information on the details of the program, including the incentive
payment amount for each participant, the total cost to the state, and
the projected or actual net dollar savings over the two-year period.
The department of retirement systems may collect from employers the
actuarial cost of any incentive provided under this program, or any
other incentive to retire provided by employers to members of the
state's pension systems, for deposit in the appropriate pension
account.
NEW SECTION. Sec. 611 COMPENSATION--REVISE PENSION CONTRIBUTION
RATES
The appropriations for school districts and state agencies,
including institutions of higher education, are subject to the
following conditions and limitations: Appropriations are adjusted to
reflect changes to agency appropriations to reflect pension
contribution rates adopted by the pension funding council and the law
enforcement officers' and firefighters' retirement system plan 2 board.
NEW SECTION. Sec. 612 The department of transportation may
provide up to $3,000,000 in toll credits to Kitsap Transit for its role
in passenger-only ferry service and ferry corridor-related projects.
The number of toll credits provided 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 must not exceed the
amount authorized in this section.
NEW SECTION. Sec. 613 (1) The department of transportation
shall, in consultation with local governments, metropolitan planning
organizations, and other transportation stakeholders:
(a) Review the responsibilities given to the state, counties, and
cities for improvement, maintenance, and management of the highway
system and the resources available to each level of government and make
recommendations to the transportation committees of the legislature to
better align resources and responsibilities;
(b) Review best practices for stakeholder involvement in
transportation decision-making;
(c) Identify opportunities to achieve greater program efficiency in
the delivery of transportation services and programs through
intergovernmental cooperation;
(d) Study national best practices for improving the delivery of
metropolitan transportation services through enhanced regional
decision-making; and
(e) Prepare legislation to implement recommendations developed
under this section for introduction in the 2014 or 2015 legislative
session.
(2)(a) As used in this section, "least-cost planning" means a
process of comparing direct and indirect costs of demand and supply
options to meet transportation goals, policies, or both, where the
intent of the process is to identify the most cost-effective mix of
options.
(b) The department of transportation shall, in consultation with
local governments and metropolitan planning organizations, develop a
least-cost planning model for use as a decision-making tool in the
development of plans and projects at both the state and regional level.
(3) The department of transportation shall work with stakeholders
to review and update the criteria used to select projects within the
statewide transportation improvement program. When revising the
project selection criteria, the department shall consider whether the
project:
(a) Improves the state highway system or major access routes to the
state highway system on the local road system to relieve congestion by
expanding capacity, enhancing operations, or otherwise improving travel
times within high-congestion corridors;
(b) Enhances the safety of the traveling public by decreasing
traffic crash rates, promoting the efficient movement of people and
goods, and preserving the public investment in the transportation
system;
(c) Increases the operational effectiveness and reliability of the
existing system by using technological innovation, providing linkages
to other existing components of the transportation system, and
relieving congestion;
(d) Is capable of being implemented to reduce the need for
additional highway projects;
(e) Improves the condition, connectivity, and capacity of freight-reliant infrastructure serving the state;
(f) Supports improvements necessary for the state's economic growth
and competitiveness, accessibility to industries, and economic
development;
(g) Provides the greatest benefit in relation to project costs;
(h) Fosters livable communities by demonstrating that the
investment does not undermine sustainable urban development;
(i) Enhances the value of transportation projects through designs
and development that reflect environmental stewardship and community
sensitivity; and
(j) Is consistent with the state's greenhouse gas emissions
reduction goals established in RCW 70.235.020 and reduces the state's
dependence on foreign oil.
(4) The department of transportation shall adopt rules, taking into
consideration the following:
(a) Incorporating environmental performance standards into the
design and construction of all state highway construction projects,
including local government highway construction projects funded by the
department;
(b) Improving the environmental permitting process for state
highway construction projects in order to:
(i) Reduce the time required to design projects and obtain
environmental permits;
(ii) Reduce the cost and delay associated with redesigning projects
to meet environmental requirements;
(iii) Maintain a strong commitment to environmental stewardship;
and
(iv) Reduce the state's dependence on foreign oil; and
(c) Incorporate access for bicycle and pedestrian amenities as
appropriate.
(5) The department of transportation shall implement transportation
design practices that follow the concept of practical design.
Practical design standards should incorporate maximum flexibility in
application of standards that reduce the cost of project delivery while
preserving and enhancing safety and mobility.
NEW SECTION. Sec. 614 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. 701 RCW 43.19.642 and 2012 c 86 s 802 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) Except as provided in subsection (5) of this section, 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 enterprise
services documenting the use of the fuel and a description of how any
problems encountered were resolved.
(4) By December 1, 2009, the department of enterprise services
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.
(5) During the 2011-2013 and 2013-2015 fiscal ((biennium)) biennia,
the Washington state ferries is required to use a minimum of five
percent biodiesel as compared to total volume of all diesel purchased
made by the Washington state ferries for the operation of the
Washington state ferries diesel-powered vessels, as long as the price
of a B5 biodiesel blend does not exceed the price of conventional
diesel fuel by five percent or more.
Sec. 702 RCW 46.12.630 and 2012 c 86 s 803 are each amended to
read as follows:
In addition to any other authority which it may have, the
department of licensing may furnish lists of registered and legal
owners of motor vehicles only for the purposes specified in this
section to:
(1)(a) The manufacturers of motor vehicles, or their authorized
agents, to be used:
(((a))) (i) To enable those manufacturers to carry out the
provisions of the national traffic and motor vehicle safety act of 1966
(15 U.S.C. Sec. 1382-1418), including amendments or additions thereto,
respecting safety-related defects in motor vehicles; or
(((b))) (ii) During the 2011-2013 fiscal biennium, in research
activities, and in producing statistical reports, as long as the
personal information is not published, redisclosed, or used to contact
individuals; or
(b) During fiscal year 2014, an entity that is an authorized agent
of a motor vehicle manufacturer, for purposes of using lists of
registered and legal owner information to conduct research activities
and produce statistical reports, as long as the entity does not allow
personal information received under this section to be published,
redisclosed, or used to contact individuals;
(2) Any governmental agency of the United States or Canada, or
political subdivisions thereof, to be used by it or by its authorized
commercial agents or contractors only in connection with the
enforcement of motor vehicle or traffic laws by, or programs related to
traffic safety of, that government agency. Only such parts of the list
as are required for completion of the work required of the agent or
contractor shall be provided to such agent or contractor;
(3) A commercial parking company requiring the names and addresses
of registered owners to notify them of outstanding parking violations.
Subject to the disclosure agreement provisions of RCW 46.12.635 and the
requirements of Executive Order 97-01, the department may provide only
the parts of the list that are required for completion of the work
required of the company;
(4) An authorized agent or contractor of the department, to be used
only in connection with providing motor vehicle excise tax, licensing,
title, and registration information to motor vehicle dealers;
(5) Any business regularly making loans to other persons to finance
the purchase of motor vehicles, to be used to assist the person
requesting the list to determine ownership of specific vehicles for the
purpose of determining whether or not to provide such financing; or
(6) A company or its agents operating a toll facility under chapter
47.46 RCW or other applicable authority requiring the names, addresses,
and vehicle information of motor vehicle registered owners to identify
toll violators.
Where both a mailing address and residence address are recorded on
the vehicle record and are different, only the mailing address will be
disclosed. Both addresses will be disclosed in response to requests
for disclosure from courts, law enforcement agencies, or government
entities with enforcement, investigative, or taxing authority and only
for use in the normal course of conducting their business.
If a list of registered and legal owners of motor vehicles is used
for any purpose other than that authorized in this section, the
manufacturer, governmental agency, commercial parking company,
authorized agent, contractor, financial institution, toll facility
operator, or their authorized agents or contractors responsible for the
unauthorized disclosure or use will be denied further access to such
information by the department of licensing.
Sec. 703 RCW 46.18.060 and 2012 c 65 s 6 are each 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 joint transportation
committee;
(b) Report annually to the 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 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
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, ((2013)) 2015. 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.
(4) The limitations under subsection (3) of this section do not
apply to the following special license plates:
(a) 4-H license plates created under RCW 46.18.200;
(b) Music Matters license plates created under RCW 46.18.200;
(c) State flower license plates created under RCW 46.18.200;
(d) Volunteer firefighter license plates created under RCW
46.18.200.
Sec. 704 RCW 46.68.113 and 2011 c 353 s 7 are each amended to
read as follows:
(1) During the 2013-2015 fiscal biennium, cities and towns shall
provide to the transportation commission, or its successor entity,
preservation rating information on at least seventy percent of the
total city and town arterial network. Thereafter, the preservation
rating information requirement shall increase in five percent
increments in subsequent biennia, but in no case shall it exceed eighty
percent. The rating system used by cities and towns must be based upon
the Washington state pavement rating method or an equivalent standard
approved by the department of transportation. Beginning January 1,
2007, the preservation rating information shall be submitted to the
department.
(2) Cities and towns are exempt from the requirement to report
preservation rating information to the department through the 2013-2015
fiscal biennium.
Sec. 705 RCW 46.68.170 and 2011 c 367 s 715 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 ((2009-2011 and)) 2011-2013 and 2013-2015 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. 706 RCW 46.68.325 and 2011 c 367 s 721 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 RCW 47.66.100.
(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 and 2013-2015 fiscal ((biennium)) biennia,
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. 707 A new section is added to chapter 47.06A
RCW to read as follows:
During the 2013-2015 fiscal biennium, members of the freight
advisory committee group created as a standing committee of the board
may be reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
Sec. 708 RCW 47.29.170 and 2011 c 367 s 701 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, ((2013)) 2015.
Sec. 709 RCW 47.56.403 and 2011 c 367 s 709 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) If high occupancy vehicle tolls are being collected on June 30,
((2013)) 2015.
(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 47.56.876 and 2011 c 367 s 720 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 and 2013-2015
fiscal ((biennium)) biennia, 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. 711 RCW 46.63.170 and 2012 c 85 s 3 and 2012 c 83 s 7 are
each reenacted and 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 prepare an
analysis of the locations within the jurisdiction where automated
traffic safety cameras are proposed to be located: (i) Before enacting
an ordinance allowing for the initial use of automated traffic safety
cameras; and (ii) before adding additional cameras or relocating any
existing camera to a new location within the jurisdiction. Automated
traffic safety cameras may be used 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. Beginning one year after June 7, 2012, cities and counties
using automated traffic safety cameras must post an annual report of
the number of traffic accidents that occurred at each location where an
automated traffic safety camera is located as well as the number of
notices of infraction issued for each camera and any other relevant
information about the automated traffic safety cameras that the city or
county deems appropriate on the city's or county's web site.
(b) Use of automated traffic safety cameras is restricted to the
following locations only: (i) Intersections of two arterials with
traffic control signals that have yellow change interval durations in
accordance with RCW 47.36.022, which interval durations may not be
reduced after placement of the camera; (ii) railroad crossings; and
(iii) school speed zones.
(c) During the 2011-2013 fiscal biennium, automated traffic safety
cameras may be used to detect speed violations for the purposes of
section 201(2), chapter 367, Laws of 2011 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. The primary purpose of camera placement is
to take pictures of the vehicle and vehicle license plate when an
infraction is occurring. Cities and counties shall consider installing
cameras in a manner that minimizes the impact of camera flash on
drivers.
(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)(d) 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 at least thirty days prior to activation of the
camera 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. Signs placed in automated traffic
safety camera locations after June 7, 2012, must follow the
specifications and guidelines under the manual of uniform traffic
control devices for streets and highways as adopted by the department
of transportation under chapter 47.36 RCW.
(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).
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.
However, the amount of the fine issued for a traffic control signal
violation detected through the use of an automated traffic safety
camera shall not exceed the monetary penalty for a violation of RCW
46.61.050 as provided under RCW 46.63.110, including all applicable
statutory assessments.
(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 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 367, Laws of 2011.
(6) During the 2011-2013 and 2013-2015 fiscal ((biennium)) biennia,
this section does not apply to automated traffic safety cameras for the
purposes of ((section 216(5), chapter 367, Laws of 2011)) section
216(5) of this act.
Sec. 712 RCW 46.20.745 and 2012 c 183 s 10 are each amended to
read as follows:
(1) The ignition interlock device revolving account program is
created within the department to assist in covering the monetary costs
of installing, removing, and leasing an ignition interlock device, and
applicable licensing, for indigent persons who are required under RCW
46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock
device in all vehicles owned or operated by the person. For purposes
of this subsection, "indigent" has the same meaning as in RCW
10.101.010, as determined by the department. During the 2013-2015
fiscal biennium, the ignition interlock device revolving account
program also includes ignition interlock enforcement work conducted by
the Washington state patrol.
(2) A pilot program is created within the ignition interlock device
revolving account program for the purpose of monitoring compliance by
persons required to use ignition interlock devices and by ignition
interlock companies and vendors.
(3) The department, the state patrol, and the Washington traffic
safety commission shall coordinate to establish a compliance pilot
program that will target at least one county from eastern Washington
and one county from western Washington, as determined by the
department, state patrol, and Washington traffic safety commission.
(4) At a minimum, the compliance pilot program shall:
(a) Review the number of ignition interlock devices that are
required to be installed in the targeted county and the number of
ignition interlock devices actually installed;
(b) Work to identify those persons who are not complying with
ignition interlock requirements or are repeatedly violating ignition
interlock requirements; and
(c) Identify ways to track compliance and reduce noncompliance.
(5) As part of monitoring compliance, the Washington traffic safety
commission shall also track recidivism for violations of RCW 46.61.502
and 46.61.504 by persons required to have an ignition interlock
driver's license under RCW 46.20.385 and 46.20.720.
Sec. 713 RCW 90.58.140 and 2012 c 84 s 2 are each amended to read
as follows:
(1) A development shall not be undertaken on the shorelines of the
state unless it is consistent with the policy of this chapter and,
after adoption or approval, as appropriate, the applicable guidelines,
rules, or master program.
(2) A substantial development shall not be undertaken on shorelines
of the state without first obtaining a permit from the government
entity having administrative jurisdiction under this chapter.
A permit shall be granted:
(a) From June 1, 1971, until such time as an applicable master
program has become effective, only when the development proposed is
consistent with: (i) The policy of RCW 90.58.020; and (ii) after their
adoption, the guidelines and rules of the department; and (iii) so far
as can be ascertained, the master program being developed for the area;
(b) After adoption or approval, as appropriate, by the department
of an applicable master program, only when the development proposed is
consistent with the applicable master program and this chapter.
(3) The local government shall establish a program, consistent with
rules adopted by the department, for the administration and enforcement
of the permit system provided in this section. The administration of
the system so established shall be performed exclusively by the local
government.
(4) Except as otherwise specifically provided in subsection (11) of
this section, the local government shall require notification of the
public of all applications for permits governed by any permit system
established pursuant to subsection (3) of this section by ensuring that
notice of the application is given by at least one of the following
methods:
(a) Mailing of the notice to the latest recorded real property
owners as shown by the records of the county assessor within at least
three hundred feet of the boundary of the property upon which the
substantial development is proposed;
(b) Posting of the notice in a conspicuous manner on the property
upon which the project is to be constructed; or
(c) Any other manner deemed appropriate by local authorities to
accomplish the objectives of reasonable notice to adjacent landowners
and the public.
The notices shall include a statement that any person desiring to
submit written comments concerning an application, or desiring to
receive notification of the final decision concerning an application as
expeditiously as possible after the issuance of the decision, may
submit the comments or requests for decisions to the local government
within thirty days of the last date the notice is to be published
pursuant to this subsection. The local government shall forward, in a
timely manner following the issuance of a decision, a copy of the
decision to each person who submits a request for the decision.
If a hearing is to be held on an application, notices of such a
hearing shall include a statement that any person may submit oral or
written comments on an application at the hearing.
(5) The system shall include provisions to assure that construction
pursuant to a permit will not begin or be authorized until twenty-one
days from the date the permit decision was filed as provided in
subsection (6) of this section; or until all review proceedings are
terminated if the proceedings were initiated within twenty-one days
from the date of filing as defined in subsection (6) of this section
except as follows:
(a) In the case of any permit issued to the state of Washington,
department of transportation, for the construction and modification of
SR 90 (I-90) on or adjacent to Lake Washington, the construction may
begin after thirty days from the date of filing, and the permits are
valid until December 31, 1995;
(b)(i) In the case of any permit or decision to issue any permit to
the state of Washington, department of transportation, for the
replacement of the floating bridge and landings of the state route
number 520 Evergreen Point bridge on or adjacent to Lake Washington,
the construction may begin twenty-one days from the date of filing.
Any substantial development permit granted for the floating bridge and
landings is deemed to have been granted on the date that the local
government's decision to grant the permit is issued. This
authorization to construct is limited to only those elements of the
floating bridge and landings that do not preclude the department of
transportation's selection of a four-lane alternative for state route
number 520 between Interstate 5 and Medina. Additionally, the
Washington state department of transportation shall not engage in or
contract for any construction on any portion of state route number 520
between Interstate 5 and the western landing of the floating bridge
until the legislature has authorized the imposition of tolls on the
Interstate 90 floating bridge and/or other funding sufficient to
complete construction of the state route number 520 bridge replacement
and HOV program. For the purposes of this subsection (5)(b), the
"western landing of the floating bridge" means the least amount of new
construction necessary to connect the new floating bridge to the
existing state route number 520 and anchor the west end of the new
floating bridge;
(ii) Nothing in this subsection (5)(b) precludes the shorelines
hearings board from concluding that the project or any element of the
project is inconsistent with the goals and policies of the shoreline
management act or the local shoreline master program;
(iii) This subsection (5)(b) applies retroactively to any appeals
filed after January 1, 2012, and to any appeals filed on or after March
23, 2012, and expires June 30, ((2014)) 2015.
(c) Except as authorized in (b) of this subsection, construction
may be commenced no sooner than thirty days after the date of the
appeal of the board's decision is filed if a permit is granted by the
local government and (i) the granting of the permit is appealed to the
shorelines hearings board within twenty-one days of the date of filing,
(ii) the hearings board approves the granting of the permit by the
local government or approves a portion of the substantial development
for which the local government issued the permit, and (iii) an appeal
for judicial review of the hearings board decision is filed pursuant to
chapter 34.05 RCW. The appellant may request, within ten days of the
filing of the appeal with the court, a hearing before the court to
determine whether construction pursuant to the permit approved by the
hearings board or to a revised permit issued pursuant to the order of
the hearings board should not commence. If, at the conclusion of the
hearing, the court finds that construction pursuant to such a permit
would involve a significant, irreversible damaging of the environment,
the court shall prohibit the permittee from commencing the construction
pursuant to the approved or revised permit until all review proceedings
are final. Construction pursuant to a permit revised at the direction
of the hearings board may begin only on that portion of the substantial
development for which the local government had originally issued the
permit, and construction pursuant to such a revised permit on other
portions of the substantial development may not begin until after all
review proceedings are terminated. In such a hearing before the court,
the burden of proving whether the construction may involve significant
irreversible damage to the environment and demonstrating whether such
construction would or would not be appropriate is on the appellant;
(d) Except as authorized in (b) of this subsection, if the permit
is for a substantial development meeting the requirements of subsection
(11) of this section, construction pursuant to that permit may not
begin or be authorized until twenty-one days from the date the permit
decision was filed as provided in subsection (6) of this section.
If a permittee begins construction pursuant to (a), (b), (c), or
(d) of this subsection, the construction is begun at the permittee's
own risk. If, as a result of judicial review, the courts order the
removal of any portion of the construction or the restoration of any
portion of the environment involved or require the alteration of any
portion of a substantial development constructed pursuant to a permit,
the permittee is barred from recovering damages or costs involved in
adhering to such requirements from the local government that granted
the permit, the hearings board, or any appellant or intervener.
(6) Any decision on an application for a permit under the authority
of this section, whether it is an approval or a denial, shall,
concurrently with the transmittal of the ruling to the applicant, be
filed with the department and the attorney general. This shall be
accomplished by return receipt requested mail. A petition for review
of such a decision must be commenced within twenty-one days from the
date of filing of the decision.
(a) With regard to a permit other than a permit governed by
subsection (10) of this section, "date of filing" as used in this
section refers to the date of actual receipt by the department of the
local government's decision.
(b) With regard to a permit for a variance or a conditional use
governed by subsection (10) of this section, "date of filing" means the
date the decision of the department is transmitted by the department to
the local government.
(c) When a local government simultaneously transmits to the
department its decision on a shoreline substantial development with its
approval of either a shoreline conditional use permit or variance, or
both, "date of filing" has the same meaning as defined in (b) of this
subsection.
(d) The department shall notify in writing the local government and
the applicant of the date of filing by telephone or electronic means,
followed by written communication as necessary, to ensure that the
applicant has received the full written decision.
(7) Applicants for permits under this section have the burden of
proving that a proposed substantial development is consistent with the
criteria that must be met before a permit is granted. In any review of
the granting or denial of an application for a permit as provided in
RCW 90.58.180 (1) and (2), the person requesting the review has the
burden of proof.
(8) Any permit may, after a hearing with adequate notice to the
permittee and the public, be rescinded by the issuing authority upon
the finding that a permittee has not complied with conditions of a
permit. If the department is of the opinion that noncompliance exists,
the department shall provide written notice to the local government and
the permittee. If the department is of the opinion that the
noncompliance continues to exist thirty days after the date of the
notice, and the local government has taken no action to rescind the
permit, the department may petition the hearings board for a rescission
of the permit upon written notice of the petition to the local
government and the permittee if the request by the department is made
to the hearings board within fifteen days of the termination of the
thirty-day notice to the local government.
(9) The holder of a certification from the governor pursuant to
chapter 80.50 RCW shall not be required to obtain a permit under this
section.
(10) Any permit for a variance or a conditional use issued with
approval by a local government under their approved master program must
be submitted to the department for its approval or disapproval.
(11)(a) An application for a substantial development permit for a
limited utility extension or for the construction of a bulkhead or
other measures to protect a single-family residence and its appurtenant
structures from shoreline erosion shall be subject to the following
procedures:
(i) The public comment period under subsection (4) of this section
shall be twenty days. The notice provided under subsection (4) of this
section shall state the manner in which the public may obtain a copy of
the local government decision on the application no later than two days
following its issuance;
(ii) The local government shall issue its decision to grant or deny
the permit within twenty-one days of the last day of the comment period
specified in (a)(i) of this subsection; and
(iii) If there is an appeal of the decision to grant or deny the
permit to the local government legislative authority, the appeal shall
be finally determined by the legislative authority within thirty days.
(b) For purposes of this section, a limited utility extension means
the extension of a utility service that:
(i) Is categorically exempt under chapter 43.21C RCW for one or
more of the following: Natural gas, electricity, telephone, water, or
sewer;
(ii) Will serve an existing use in compliance with this chapter;
and
(iii) Will not extend more than twenty-five hundred linear feet
within the shorelines of the state.
Sec. 801 2012 c 86 s 102 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,128,000))
$2,058,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $1,260,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $350,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,738,000))
$3,668,000
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)), chapter 367,
Laws of 2011. 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) $1,116,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for marine insurance. The amount in
this subsection as well as the amount in section 103(2) ((of this
act)), chapter 86, Laws of 2012 is intended to fully fund a two-year
policy. For fiscal year 2012, the office of financial management shall
increase the deductible to ten million dollars 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 and section 103(2) ((of this
act)), chapter 86, Laws of 2012.
(3) $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.
(4) $169,000 of the motor vehicle account--state appropriation is
provided solely for the office of regulatory assistance integrated
permitting project.
(5) $40,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the state's share of the marine
salary survey.
(6) 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.
(7) $350,000 of the multimodal transportation account--state
appropriation is provided solely for the office of financial management
to contract with a statewide organization representing Washington
cities and a statewide organization representing Washington counties to
work with the Washington state governor's office of regulatory
assistance to:
(a) Fulfill completion of recent iPRMT enhancements developed to
consolidate applications and expedite local, state, and regional
transportation and public works maintenance permitting related to (i)
general hydraulic project approval permits issued consistent with
section 103(3), chapter 247, Laws of 2010 and (ii) section 106
consultations completed under the national historic preservation act;
(b) Work with local, state, and regional transportation and public
works maintenance agencies to continue to support development of iPRMT
enhancements and customizations based on applicant needs; and
(c) Provide outreach and training to advance the state's interest
in continuing to leverage iPRMT web infrastructure to support and
accelerate local, regional, and state transportation and public works
planning, permitting, and compliance.
(8) $400,000 of the motor vehicle account--state appropriation is
from the cities statewide fuel tax distributions under RCW 46.68.110(2)
for the department of transportation to contract with the department of
fish and wildlife to inventory, assess, and prioritize fish passage
barriers associated with city roads and streets in the Puget Sound
region. The department of transportation shall submit the results to
the office of financial management and the transportation committees of
the legislature by December 31, 2013.
Sec. 901 2012 c 86 s 201 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($2,983,000))
$2,982,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($42,507,000))
$42,497,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $50,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . (($3,340,000))
$2,340,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($48,880,000))
$47,869,000
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. State funding is provided in section ((207)) 907 of
this act for the state patrol to continue the target zero trooper
program in fiscal year 2013.
(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.)) $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.
(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)
(((4))) (3) 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))) (4) $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.
Sec. 902 2012 c 86 s 202 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($915,000))
$907,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,088,000))
$2,086,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($1,428,000))
$1,413,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,431,000))
$4,406,000
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.
Sec. 903 2012 c 86 s 203 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($3,625,000))
$3,611,000
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.
Sec. 904 2012 c 86 s 205 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($3,028,000))
$2,930,000
Multimodal Transportation Account -- State Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,140,000))
$3,042,000
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) 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.
(4) $775,000 of the motor vehicle account--state appropriation is
provided solely to determine the feasibility of transitioning from the
gas tax to a road user assessment system of paying for transportation.
(a) The transportation commission, with direction from the steering
committee created in (b) of this subsection, must: Review relevant
reports and data related to models of road user assessments and methods
of transitioning to a road user assessment system; analyze the research
to identify issues for policy decisions in Washington; make
recommendations for the design of systemwide trials; develop a plan to
assess public perspectives and educate the public on the current
transportation funding system and options for a new system; and perform
other tasks as deemed necessary by the steering committee.
(b) The transportation commission must convene a steering committee
to provide direction to and guide the transportation commission's work.
Membership of the steering committee must include, but is not limited
to, members representing the following interests: The trucking
industry; business; cities and counties; public transportation;
environmental; user fee technology; auto and light truck manufacturers;
and the motoring public. In addition, a member from each of the two
largest caucuses of the senate, appointed by the president of the
senate, and a member from each of the two largest caucuses of the house
of representatives, appointed by the speaker of the house of
representatives, must serve on the steering committee.
(c) The transportation commission must update the governor and the
legislature on this work by January 1, 2013. In addition, this update
must include a plan and budget request for work to be completed during
the 2013-2015 fiscal biennium.
(5) $160,000 of the motor vehicle account--state appropriation is
provided solely for the transportation commission to establish a
statewide transportation survey panel and conduct two surveys on
transportation funding and policy issues during the 2011-2013 fiscal
biennium. At a minimum, the results of the first survey must be
submitted to the legislature by January 2013.
Sec. 905 2012 c 86 s 206 (uncodified) is amended to read as
follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($781,000))
$780,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $100,000 of the motor vehicle account--state appropriation is
provided solely for an additional staff person for the freight mobility
strategic investment board.
(2) 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.
Sec. 906 2012 c 86 s 207 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $132,000
((Ignition Interlock Device Revolving Account--))
State Appropriation . . . . . . . . . . . . $212,000
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . (($350,605,000))
$348,619,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . $10,903,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . (($3,494,000))
$3,674,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . (($432,000))
$5,984,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($365,778,000))
$369,312,000
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)) 901(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)), chapter 86,
Laws of 2012. 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) (($12,160,000)) $12,244,000 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) (($7,672,000)) $8,312,000 of the total appropriation is
provided solely for the purchase of pursuit vehicles.
(6) (($6,686,000)) $6,806,000 of the total appropriation is
provided solely for vehicle repair and maintenance costs of vehicles
used for highway purposes.
(7) (($1,724,000)) $1,856,000 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) $2,187,000 of the state patrol highway account--state
appropriation is provided solely for mobile office platforms.
(12) $2,731,000 of the state patrol highway account--state
appropriation is provided solely for the continuation of the target
zero trooper program.
(13) $432,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Second
Substitute House Bill No. 2443), Laws of 2012 (DUI accountability). If
chapter . . . (Second Substitute House Bill No. 2443), Laws of 2012 is
not enacted by June 30, 2012, the amount provided in this subsection
lapses. Additionally, the total highway safety account--state
appropriation in this section assumes the revenue generated by the fees
that the Washington state patrol is authorized to charge manufacturers,
technicians, and other providers under Second Substitute House Bill No.
2443. Within the amounts provided in this subsection is funding for
three additional troopers to provide oversight of the ignition
interlock industry.
(14) $212,000 of the ignition interlock device revolving account--state appropriation is provided solely for two additional troopers to
provide oversight of the ignition interlock industry. If chapter . . .
(Second Substitute House Bill No. 2443), Laws of 2012 is enacted by
June 30, 2012, the amount provided in this subsection lapses.
(15) $132,000 of the multimodal transportation account--state
appropriation is provided solely for the implementation of chapter
. . . (Engrossed Substitute House Bill No. 1820), Laws of 2012 (blue
alert system). If chapter . . . (Engrossed Substitute House Bill No.
1820), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
(16) $1,642,000 of the state patrol highway account--state
appropriation is provided solely for the auto theft investigation units
in King county, the city of Spokane, and the city of Tacoma.
(17) $4,552,000 of the highway safety account--state appropriation
is provided solely to train an additional trooper cadet class in the
current fiscal biennium.
Sec. 907 2012 c 86 s 208 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State Appropriation . . . . . . . . . . . . $32,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . (($4,367,000))
$4,364,000
Wildlife Account -- State Appropriation . . . . . . . . . . . . (($826,000))
$824,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($148,666,000))
$146,578,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . $4,299,000
Highway Safety Account--Private/Local Appropriation . . . . . . . . . . . . $200,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($76,511,000))
$74,457,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $1,714,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $380,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . $6,095,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . $1,971,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($245,061,000))
$240,914,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $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.
(2) $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.
(3) $4,299,000 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.
(4) 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.
(5) $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.
(6) $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 (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.
(7) $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.
(8) $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.
(9) $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.
(10) (($2,500,000)) $1,500,000 of the highway safety account--state
appropriation is provided solely for information technology field
system modernization.
(11) $963,000 of the highway safety account--state appropriation is
provided solely for implementation of chapter 374, Laws of 2011
(limousine carriers) and chapter 298, Laws of 2011 (master license
service program).
(12) $99,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
House Bill No. 2299), Laws of 2012 (special license plates). If
chapter . . . (Substitute House Bill No. 2299), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses.
(13) $174,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 6075), Laws of 2012 (vehicle owner information). If
chapter . . . (Substitute Senate Bill No. 6075), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses. Additionally, the total appropriation in this section assumes
the revenue generated by the fee established in Substitute Senate Bill
No. 6075. Within the amounts provided in this subsection, the
department must improve on the information that the department makes
publicly available to victims of domestic violence and sexual assault
on how to better protect their personal information, especially their
residential addresses. Specifically, the department must provide a
link to the secretary of state's address confidentiality program web
site. The department also must provide information regarding a
person's ability to provide a mailing address in addition to the
person's residential address when registering a vehicle with the
department.
(14) $289,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Substitute Senate Bill No. 6150), Laws of 2012 (facial recognition
matching system). If chapter . . . (Engrossed Substitute Senate Bill
No. 6150), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
(15) $397,000 of the highway safety account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Substitute Senate Bill No. 6284), Laws of 2012 (civil traffic
infractions). If chapter . . . (Engrossed Substitute Senate Bill No.
6284), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses. Additionally, the total highway
safety account--state appropriation in this section assumes the revenue
generated by the policy changes in chapter . . . (Engrossed Substitute
Senate Bill No. 6284), Laws of 2012.
(16) $222,000 of the motor vehicle account--state appropriation and
$36,000 of the highway safety account--state appropriation are provided
solely for the implementation of chapter . . . (Engrossed Substitute
Senate Bill No. 6455), Laws of 2012 (transportation revenue). If
chapter . . . (Engrossed Substitute Senate Bill No. 6455), Laws of 2012
is not enacted by June 30, 2012, the amount provided in this subsection
lapses.
(17) $274,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Substitute Senate Bill No. 6582), Laws of 2012 (local transportation
revenue options). If chapter . . . (Engrossed Substitute Senate Bill
No. 6582), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
(18) Within the amounts provided in this section, the department
must develop a transition plan for moving to a paperless renewal notice
for drivers' licenses and vehicle registrations. The plan must
consider people that do not have access to the internet and must
include an opportunity for people to opt-in to a paper renewal notice.
Prior to the implementation of a paperless renewal system, the
department must consult with the joint transportation committee.
(19) Within existing resources, the department shall develop a plan
to transition to a ten-year license plate replacement cycle. At a
minimum, the plan must include the following provisions: (a) A ten-year replacement cycle for license plates only on vehicles that are
subject to annual vehicle registration renewal; (b) a requirement that
new license plates and registration, including all fees and taxes due
upon annual registration, are required when a vehicle changes
ownership, except when a vehicle is sold to a vehicle dealer for
resale, in which case they are due only when the dealer sells the
vehicle; (c) an original issue license plate fee that is equal to the
current license plate replacement fee; and (d) an estimate of the
plan's costs to implement and revenues generated. The department shall
submit the plan with draft legislation implementing the plan to the
transportation committees of the legislature by December 31, 2012.
(20) Consistent with RCW 43.135.055 and 43.24.086, during the
2011-2013 fiscal biennium, the legislature authorizes the department to
adjust the business and vehicle fees for the for hire licensing program
in amounts sufficient to recover the costs of administering the for
hire licensing program.
(21) The legislature intends to establish a veteran designation for
drivers' licenses and identicards issued under chapter 46.20 RCW, as
proposed under House Bill No. 2378, during the 2013 legislative
session. The designation would serve to establish a person's service
in the armed forces and be granted to a person who provides a United
States department of defense discharge document, DD Form 214, that
shows a discharge status of "honorable" or "general under honorable
conditions." The department shall report to the transportation
committees of the legislature by December 1, 2012, with a plan to
implement the designation. The plan must include the most cost-effective options for implementation, a proposed fee amount to cover
the costs of the designation, and any other recommendations on the
implementation of the designation.
(22) $59,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
House Bill No. 2312), Laws of 2012 (military service award emblems).
If chapter . . . (Substitute House Bill No. 2312), Laws of 2012 is not
enacted by June 30, 2012, the amount provided in this subsection
lapses.
(23) $656,000 of the ignition interlock device revolving account--state appropriation is provided solely for the implementation of
chapter . . . (Second Substitute House Bill No. 2443), Laws of 2012
(DUI accountability). If chapter . . . (Second Substitute House Bill
No. 2443), Laws of 2012 is not enacted by June 30, 2012, the amount
provided in this subsection lapses.
(24) $134,000 of the highway safety account--state appropriation
and $134,000 of the motor vehicle account--state appropriation are
provided solely for the implementation of chapter . . . (Engrossed
Second Substitute House Bill No. 2373), Laws of 2012 (state
recreational resources). If chapter . . . (Engrossed Second Substitute
House Bill No. 2373), Laws of 2012 is not enacted by June 30, 2012, the
amount provided in this subsection lapses.
Sec. 908 2012 c 86 s 209 (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 . . . . . . . . . . . . (($1,276,000))
$1,569,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($538,000))
$537,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . (($23,365,000))
$23,361,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($27,295,000))
$27,120,000
State Route Number 520 Civil Penalties
Account--State Appropriation . . . . . . . . . . . . $3,622,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($56,096,000))
$56,209,000
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) $3,622,000 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. All costs
associated with the toll adjudication process are anticipated to be
covered by revenue collected from 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)) $15,238,000 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.
Sec. 909 2012 c 86 s 210 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM
C
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($67,398,000))
$65,667,000
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 . . . . . . . . . . . . (($70,681,000))
$68,950,000
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 enterprise 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) $502,000 of the motor vehicle account--state appropriation is
provided solely to provide support for the transportation executive
information system.
Sec. 910 2012 c 86 s 211 (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 . . . . . . . . . . . . (($25,466,000))
$25,440,000
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.
Sec. 911 2012 c 86 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($6,002,000))
$5,999,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($8,152,000))
$8,149,000
The appropriations in this section are subject to the following
conditions and limitations:
(((1))) $200,000 of the aeronautics account--state appropriation is
a reappropriation provided solely to complete runway preservation
projects.
Sec. 912 2012 c 86 s 213 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PROGRAM DELIVERY MANAGEMENT AND
SUPPORT -- PROGRAM H
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($45,796,000))
$45,725,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($46,546,000))
$46,475,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $3,754,000 of the motor vehicle account--state appropriation is
provided solely for the department's compliance with its national
pollution discharge elimination system permit.
(2) 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.
(3) 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.
(4) The legislature recognizes that the trail known as the Apple
Capital Loop, and its extensions, serve to separate motor vehicle
traffic from pedestrians and bicyclists, increasing motor vehicle
safety on existing state route number 28. Consistent with chapter
47.30 RCW and pursuant to RCW 47.12.080, the legislature declares that
transferring portions of WSDOT Inventory Control (IC) Nos. 2-09-04537
and 2-09-04569 to Douglas county and the city of East Wenatchee is
consistent with the public interest. The legislature directs the
department to transfer the property to Douglas county and the city of
East Wenatchee. The department must be paid fair market value for any
portions of the transferred real property that is later abandoned,
vacated, or ceases to be publicly maintained for trail purposes.
Douglas county and the city of East Wenatchee must agree to accept
responsibility for trail segments within their respective jurisdictions
and sign an agreement with the state that the transfer of these parcels
to their respective jurisdictions extinguishes any state obligations to
improve, maintain, or be in any way responsible for these assets. The
department shall report to the transportation committees of the
legislature by June 30, 2013, and annually thereafter, on the status of
the transfer until complete.
Sec. 913 2012 c 86 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM
K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($827,000))
$826,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $110,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($937,000))
$936,000
The appropriations in this section are subject to the following
conditions and limitations:
(1)(a) $225,000 of the motor vehicle account--state appropriation
is provided solely to carry out work related to assessing the
operational feasibility of a road user assessment, including
technology, agency administration, multistate and federal standards,
and other necessary elements. This work must be carried out under the
guidance of the steering committee and in coordination with the
transportation commission's policy assessment and public outreach
planning authorized in section 205(4) ((of this act)) chapter 86, Laws
of 2012.
(b) If subsequent appropriations are provided, the department may
conduct a limited scope pilot project to test the feasibility of a road
user assessment system to be applied to electric vehicles. The pilot
project must be carried out under the guidance of the steering
committee described under section 205(4) ((of this act)) chapter 86,
Laws of 2012 and in coordination with the transportation commission.
(2) 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.
(3) The public-private partnerships office must explore retail
partnerships at state-owned park-and-ride facilities, as authorized in
RCW 47.04.295, and if feasible, solicit proposals to implement a retail
partnership pilot project at one park-and-ride facility by June 30,
2013.
Sec. 914 2012 c 86 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($373,709,000))
$376,259,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($380,709,000))
$386,759,000
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)) $7,850,000 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) 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 costs and benefits
of the systems by December 1, 2012.
(9) $3,500,000 of the highway safety account--state appropriation
is provided solely to further reduce the highway maintenance backlog in
order to maintain or increase levels of service.
Sec. 915 2012 c 86 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($48,818,000))
$48,741,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($51,118,000))
$51,041,000
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. Of this amount, $10,000 of
the motor vehicle account--state appropriation is provided solely for
the department to install additional farm machinery signs to promote
safety in agricultural areas along state highways. 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.
Sec. 916 2012 c 86 s 217 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION MANAGEMENT AND
SUPPORT -- PROGRAM S
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($27,389,000))
$27,335,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $30,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $973,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($28,392,000))
$28,338,000
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.
Sec. 917 2012 c 86 s 218 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRANSPORTATION PLANNING, DATA,
AND RESEARCH -- PROGRAM T
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($22,304,000))
$22,245,000
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 . . . . . . . . . . . . (($48,510,000))
$48,451,000
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.
(5) $190,000 of the motor vehicle account--state appropriation is
provided solely for the regional transportation planning organizations
across the state to implement the comprehensive transportation planning
and data framework. The framework must provide regional transportation
planning organizations with the ability to identify the spatial and
temporal status of current and future high priority projects, and the
next stage investment necessary to implement those projects. The
framework must be accessible to the public and provide transparency and
accountability to the regional transportation planning process.
(6) Within existing resources, the department shall work with the
department of archaeology and historic preservation to develop a
statewide policy regarding the curation of artifacts and the use of
museums and information centers as potential mitigation under the
national environmental policy act. This policy must address the
following issues: How to minimize costs associated with information
centers and museums; when to use existing facilities to preserve and
display artifacts; how to minimize the time that stand-alone facilities
are needed; and how to transfer artifacts and other items to facilities
that are not owned or rented by the department. A report regarding
this policy must be submitted to the joint transportation committee by
September 1, 2012.
Sec. 918 2012 c 86 s 219 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- CHARGES FROM OTHER AGENCIES -- PROGRAM U
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($74,734,000))
$71,530,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $1,798,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($76,932,000))
$73,728,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The department of enterprise services 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) TO THE SECRETARY OF STATE--ARCHIVES AND
RECORDS MANAGEMENT . . . . . . . . . . . . $512,000
(b) TO THE OFFICE OF THE STATE AUDITOR--AUDITOR
SERVICES . . . . . . . . . . . . $488,000
(c) TO THE OFFICE OF THE ATTORNEY
GENERAL--ATTORNEY GENERAL SERVICES . . . . . . . . . . . . $7,127,000
(d) TO THE OFFICE OF FINANCIAL MANAGEMENT--LABOR
RELATIONS SERVICES . . . . . . . . . . . . $266,000
(e) TO THE OFFICE OF FINANCIAL
MANAGEMENT--OFFICE OF CHIEF INFORMATION OFFICER . . . . . . . . . . . . $473,000
(f) TO THE OFFICE OF MINORITY AND WOMEN'S
BUSINESS ENTERPRISES . . . . . . . . . . . . $840,000
(g) TO CONSOLIDATED TECHNICAL SERVICES . . . . . . . . . . . . $182,000
(h) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--HUMAN RESOURCE MANAGEMENT SYSTEM . . . . . . . . . . . . $3,495,000
(i) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PRODUCTION SUPPORT . . . . . . . . . . . . $974,000
(j) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--REAL ESTATE SERVICES . . . . . . . . . . . . $108,000
(k) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PUBLICATIONS AND HISTORICAL SERVICES . . . . . . . . . . . . $691,000
(l) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAMPUS RENT . . . . . . . . . . . . $3,293,000
(m) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--CAPITAL PROJECT SURCHARGE . . . . . . . . . . . . $879,000
(n) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--PERSONAL SERVICE CONTRACTS . . . . . . . . . . . . $100,000
(o) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--SECURE FILE TRANSFER SERVICES . . . . . . . . . . . . $39,000
(p) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--ACCESS SERVICES . . . . . . . . . . . . $179,000
(q) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--RISK MANAGEMENT SERVICES . . . . . . . . . . . . $1,290,000
(r) TO THE DEPARTMENT OF ENTERPRISE
SERVICES--INFORMATION TECHNOLOGY SERVICES . . . . . . . . . . . . $1,557,000
Sec. 919 2012 c 86 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM
V
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $160,000
State Vehicle Parking Account--State Appropriation . . . . . . . . . . . . $452,000
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . (($48,942,000))
$40,255,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($42,939,000))
$42,930,000
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 . . . . . . . . . . . . (($113,102,000))
$104,406,000
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 multimodal transportation account--state
appropriation 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 multimodal transportation account--state
appropriation 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)) $6,453,000 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 2012-1 ALL PROJECTS - Public Transportation -Program (V) as developed March 8, 2012. 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 the LEAP Transportation Document
referenced in this subsection. 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)) $33,802,000 of the regional mobility grant
program account--state appropriation is provided solely for the
regional mobility grant projects identified in LEAP Transportation
Document 2012-1 ALL PROJECTS - Public Transportation - Program (V) as
developed March 8, 2012. 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 the LEAP Transportation Document referenced in this
subsection. 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.
(10) $300,000 of the multimodal transportation account--state
appropriation is provided solely for the continuation of state support
for the Whatcom smart trips commute trip reduction program.
(11) $818,000 of the multimodal transportation account--state
appropriation is provided solely for state support of the Everett
connector bus service.
(12) The department shall contact all transit agencies with a
nonvoting member recommended by a labor organization and request
information regarding the participation of board members, both voting
and nonvoting, for all transit agency meetings in 2012 and the three
previous calendar years. The department shall provide a report to the
transportation committees of the legislature regarding the findings of
this survey, which must include the transit agencies, if any, that
refuse to respond either in whole or in part, by January 15, 2013.
(13) $250,000 of the multimodal transportation account--state
appropriation is provided solely for the Clark county public
transportation benefit area to comply with the requirements of RCW
81.104.110 regarding the formation of an expert review panel to provide
an independent technical review of any plan that relies on any voter-approved local funding options.
(14) $100,000 of the multimodal transportation account--state
appropriation is provided solely for community transit to conduct a
federally mandated alternatives analysis study to allow a second swift
line to be funded through the federal transit administration's new
starts or small starts process.
(15) $160,000 of the motor vehicle account--federal appropriation
is provided solely for King county metro to study demand potential for
a state route number 18 and Interstate 90 park-and-ride location, to
size the facilities appropriately, to perform site analysis, and to
develop preliminary design concepts.
Sec. 920 2012 c 86 s 221 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($468,135,000))
$459,016,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $7,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $466,016,000
The appropriations in this section ((is)) are 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) 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.
(4) The department shall request from the United States coast guard
variable minimum staffing levels on all of its vessels by December 31,
2011.
(5) 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.
(6) For the 2011-2013 fiscal biennium, the department of
transportation may enter into a distributor controlled fuel hedging
program and other methods of hedging approved by the fuel hedging
committee.
(7) (($136,648,000)) $120,748,000 of the Puget Sound ferry
operations account--state appropriation is provided solely for auto
ferry vessel operating fuel in the 2011-2013 fiscal biennium. The
amount provided in this appropriation represents the fuel budget for
the purposes of calculating any ferry fare fuel surcharge.
(8) $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.
(9) The Washington state ferries shall participate in the
facilities plan included in section 604 ((of this act)), chapter 367,
Laws of 2011 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.
(10) 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.
(11) 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 (5) ((of this act)),
chapter 86, Laws of 2012 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.
(12) $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.
(13) $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.
(14) $7,000,000 of the highway safety account--state appropriation
is provided solely for the purchase of fuel for marine operations.
Sec. 921 2012 c 86 s 222 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y--OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($33,642,000))
$33,639,000
Multimodal Transportation Account--Federal
Appropriation . . . . . . . . . . . . $400,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($34,042,000))
$34,039,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $27,816,000 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.
(5) $300,000 of the multimodal transportation account--state
appropriation is provided solely for the department to conduct a study
to examine the interconnectivity benefits of, and potential for, a
future Amtrak Cascades stop in the vicinity of the city of Auburn. 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.
Sec. 922 2012 c 86 s 223 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,518,000))
$8,505,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,085,000))
$11,072,000
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.
Sec. 1001 2012 c 86 s 302 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $874,000
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($62,510,000))
$61,510,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . $29,360,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($92,744,000))
$95,244,000
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) $62,510,000 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.
(3) $3,500,000 of the highway safety account--state appropriation
is provided solely for the county arterial preservation program to help
counties meet urgent preservation needs.
Sec. 1002 2012 c 86 s 303 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . $5,270,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($237,545,000))
$214,545,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($242,815,000))
$223,315,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) 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.
(2) $3,150,000 of the highway safety account--state appropriation
is provided solely for the urban arterial program to help cities meet
urgent preservation and storm water needs.
(3) $350,000 of the highway safety account--state appropriation is
provided solely for the small city pavement program to help cities meet
urgent preservation and storm water needs.
Sec. 1003 2012 c 86 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($1,636,316,000))
$1,148,812,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($103,889,000))
$63,747,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($790,703,000))
$811,882,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($124,917,000))
$84,823,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($416,125,000))
$346,873,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($1,752,138,000))
$902,101,000
((Special Category C Account--State Appropriation . . . . . . . . . . . . $124,000))
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . $5,791,000
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $303,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,830,003,000))
$3,358,541,000
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 ((2012-2))
2013-1 as developed ((March 8, 2012)) April 3, 2013, 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) 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.
(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 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.
(4) 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.
(5) The department shall work with the department of archaeology
and historic preservation to ensure that the cultural resources
investigation is properly conducted on all 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.
(6) 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.
(7) $561,000 of the transportation partnership account--state
appropriation and $1,176,000 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).
(8) The transportation 2003 account (nickel account)--state
appropriation includes up to (($339,608,000)) $308,996,000 in proceeds
from the sale of bonds authorized by RCW 47.10.861.
(9) The transportation partnership account--state appropriation
includes up to (($972,392,000)) $734,097,000 in proceeds from the sale
of bonds authorized in RCW 47.10.873.
(10) The motor vehicle account--state appropriation includes up to
(($55,870,000)) $5,000,000 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 (($1,779,000,000)) $913,297,000 in
proceeds from the sale of bonds authorized in RCW 47.10.879.
(12) (($767,000)) $692,000 of the motor vehicle account--state
appropriation and (($3,736,000)) $3,002,000 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.
(13) (($820,000)) $819,900 of the motor vehicle account--federal
appropriation, (($16,308,000)) $6,226,000 of the motor vehicle
account--private/local appropriation, and (($48,000)) $344,000 of the
motor vehicle account--state appropriation are provided solely for the
US 2/Bickford Avenue - Intersection Safety Improvements project
(100210E).
(14) $1,025,000 of the motor vehicle account--state appropriation
is provided solely for environmental work on the Belfair Bypass project
(300344C).
(15) (($372,000)) $360,000 of the motor vehicle account--federal
appropriation and (($9,000)) $49,000 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).
(16) (($202,863,000)) $102,588,000 of the transportation
partnership account--state appropriation ((and $51,138,000)),
$43,847,000 of the transportation 2003 account (nickel account)--state
appropriation, $12,000 of the motor vehicle account--federal
appropriation, and $68,000 of the motor vehicle account--private/local
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)), chapter 367, Laws of 2011. The department shall
report to the legislature and the office of financial management on any
costs associated with building renovations funded in this subsection.
(17)(a) $7,423,000 of the transportation partnership account--state
appropriation ((and)), $54,461,000 of the motor vehicle account--federal appropriation, $30,388,000 of the motor vehicle account--private/local appropriation, $303,000 of the multimodal transportation
account--state appropriation, and $527,000 of the motor vehicle
account--state appropriation are provided solely for the I-5/Columbia
River Crossing project (400506A). ((Of the amounts appropriated in
this subsection, $15,000,000 of the motor vehicle account--federal
appropriation must be put into unallotted status and is subject to the
review of the office of financial management. This funding may only be
allotted once the state of Oregon's total contribution of shared
expenses on the project are within five million dollars of the state of
Washington's shared expenses.))
(b) It is the intent of the legislature that Washington and Oregon
have equal funding commitments and equal total expenditures to date on
the shared components of the Columbia river crossing project. The
department shall provide a quarterly report on this project beginning
March 31, 2012. This report must include:
(i) An update on preliminary engineering and right-of-way
acquisition for the previous quarter;
(ii) Planned objectives for right-of-way and preliminary
engineering for the ensuing quarter;
(iii) An updated comparison of the total appropriation authority
for the project by state;
(iv) An updated comparison of the total expenditures to date on the
project by state; and
(v) The committed funding provided by the state of Oregon to right-of-way acquisition.
(c) $200,000 of the transportation partnership account--state
appropriation in this subsection 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.
(d) 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.
(e) The Washington state department of transportation budget
includes resources to continue work on solutions that advance the
Columbia river crossing project to completion of the required
environmental impact statement. The department must report to the
Columbia river crossing legislative oversight subcommittee of the joint
transportation committee, established in section 204(7) ((of this
act)), chapter 86, Laws of 2012, on the progress made on the Columbia
river crossing project at each meeting of the oversight subcommittee.
Reporting must include updated information on cost estimates, rights-of-way purchases and procurement schedules, and financing plans for the
Columbia river crossing project, including projected traffic volumes,
fuel and gas price assumptions, toll rates, costs of toll collections,
as well as potential need for general transportation funding. By
January 1, 2013, the department shall provide to the oversight
subcommittee of the joint transportation committee a phased master plan
for the Columbia river crossing project.
(18) Within the amounts provided for the Columbia river crossing
project (400506A), the department shall conduct a traffic and revenue
analysis for the Columbia river crossing project that will lay the
foundation for investment grade traffic and revenue analysis. While
conducting the analysis, the department must coordinate with the Oregon
department of transportation, the Washington state transportation
commission, and the Washington state legislative oversight committee.
(a) The department's analysis must include the assessment and
review of the following variables within the project:
(i) Exemptions from tolls for vehicles with two or more occupants;
(ii) A variable toll where the tolls vary by time of day and day of
the week; and
(iii) A frequency-based toll rate for the facility.
(b) The analysis must also assess the following:
(i) The impact that light rail service in the corridor will have on
estimated toll revenues;
(ii) The level of diversion from the Interstate 5 corridor and the
impact on estimated toll revenues; and
(iii) The estimated toll revenues from vehicle trips originating
within the region and outside the region by vehicle type.
(c) The department must submit a report of findings to the
transportation committees of the legislature by July 1, 2013.
(19) (($309,000)) $91,000 of the motor vehicle account--federal
appropriation and (($78,000)) $24,000 of the motor vehicle account--state appropriation are provided solely for the SR 9/SR 204
Intersection Improvement project (L2000040).
(20) (($3,385,000)) $980,000 of the motor vehicle account--federal
appropriation and (($50,000)) $51,000 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).
(21) $5,791,000 of the Tacoma Narrows toll bridge account--state
appropriation is provided solely for deferred sales tax expenses on the
construction of the new Tacoma Narrows bridge. However, if chapter
. . . (Senate Bill No. 6073), Laws of 2012 (sales tax exemption on SR
16 projects) is enacted by June 30, 2012, the amount provided in this
subsection lapses.
(22) (($391,000)) $226,000 of the motor vehicle account--federal
appropriation and (($16,000)) $19,000 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) (($621,000)) $663,000 of the motor vehicle account--federal
appropriation ((is)) and $12,000 of the motor vehicle account--state
appropriation are provided solely for the SR 20/Race Road to Jacob's
Road safety project (L2200042).
(24) (($32,162,000)) $15,746,000 of the transportation partnership
account--state appropriation ((is)) and $122,000 of the motor vehicle
account--private/local appropriation are provided solely for the SR 28/
US 2 and US 97 Eastmont Avenue Extension project (202800D).
(25) (($1,227,000)) $705,000 of the motor vehicle account--federal
appropriation and (($38,000)) $165,000 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)) $3,000,000 of the motor vehicle account--federal appropriation ((is)) and $120,000 of the motor vehicle
account--state appropriation are provided solely for the I-90
Comprehensive Tolling Study and Environmental Review project (100067T).
The department shall undertake a comprehensive environmental review of
tolling Interstate 90 between Interstate 5 and Interstate 405 for the
purposes of both managing traffic and providing funding for
construction of the unfunded state route number 520 from Interstate 5
to Medina project. The environmental review must include significant
outreach to potentially affected communities. The department may
consider traffic management options that extend as far east as
Issaquah.
(27) $12,149,000 of the motor vehicle account--federal
appropriation ((and)), $362,000 of the motor vehicle account--state
appropriation, and $50,000 of the motor vehicle account--private/local
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.
Project funds may not be used to build or improve buildings until the
plan described in section 604 ((of this act)), chapter 367, Laws of
2011 is complete.
(29) (($657,000)) $637,000 of the motor vehicle account--federal
appropriation ((is)) and $15,000 of the motor vehicle account--state
appropriation are 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))
$42,000 of the motor vehicle account--state appropriation and
(($980,000)) $958,000 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) (($137,022,000)) $70,663,000 of the transportation
partnership account--state appropriation ((and $50,623,000))
$38,613,000 of the transportation 2003 account (nickel account)--state
appropriation and $309,000 of the motor vehicle account--private/local
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.
(c) Of the amount appropriated in (a) of this subsection,
$15,000,000 of the transportation partnership account--state
appropriation is provided solely for the preliminary design and
purchase of rights-of-way on the state route number 167 direct
connector. It is the intent of the legislature to fund an additional
$25,000,000 of the transportation partnership account--state
appropriation for the preliminary design and purchase of rights-of-way
on the state route number 167 direct connector during the 2013-2015
biennium.
(d) Within the amounts provided for this project, funding is
provided solely for tolling equipment, such as gantries, barriers, or
cameras, on Interstate 405, consistent with chapter 369, Laws of 2011.
The department shall place amounts for tolling equipment into
unallotted status until the traffic and revenue analysis required in
RCW 47.56.886 is submitted to the governor and the legislature. Once
the report has been submitted, the office of financial management may
approve the allotment of funds for tolling equipment only after
consultation with the joint transportation committee.
(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) (($224,592,000)) $52,078,000 of the transportation partnership
account--state appropriation ((and $898,286,000)), $902,101,000 of the
state route number 520 corridor account--state appropriation,
$17,155,000 of the motor vehicle account--federal appropriation, and
$1,303,000 of the motor vehicle account--private/local 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) $500,000 of the motor vehicle 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).
(37) $300,000 of the motor vehicle account--federal appropriation
((is)) and $13,000 of the motor vehicle account--state appropriation
are 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.
(40) The total appropriation provided in this section assumes
enactment of chapter . . . (Second Substitute Senate Bill No. 5250),
Laws of 2012 (design-build procedures) and reflects efficiencies and
cost savings generated by this innovative design and contracting tool.
(41) Construction of a new traffic management center may not
commence until the budget evaluation study in section 102(1) ((of this
act)), chapter 86, Laws of 2012 is complete and the office of financial
management has determined that a new traffic management center is the
preferred option and has approved this project.
(42) The department shall itemize all future requests for the
construction of new buildings on a project list. Each building
construction project must be listed in the project list along with all
other highway construction projects and submitted by the department as
part of its budget submittal. It is the intent of the legislature that
new facility construction must be transparent and not appropriated
within larger highway construction projects.
(43) (($250,000)) $240,000 of the motor vehicle account--federal
appropriation ((is)) and $10,000 of the motor vehicle account--state
appropriation are provided solely for planning a proposed off-ramp
eastbound from state route number 518 to Des Moines Memorial Drive in
Burien (L1100045).
(44) (($1,100,000)) $425,000 of the motor vehicle account--federal
appropriation ((is)) and $18,000 of the motor vehicle account--state
appropriation are provided solely for preliminary engineering on the I-5/Marvin Road Interchange study (L2200087).
(45) (($400,000)) $389,000 of the motor vehicle account--federal
appropriation ((is)) and $22,000 of the motor vehicle account--state
appropriation are provided solely for the SR 150/No-See-Um Road
Intersection - Realignment project (L2200092).
(46) $750,000 of the motor vehicle account--federal appropriation
((is)) and $31,000 of the motor vehicle account--state appropriation
are provided solely for ((preliminary engineering on)) the SR
305/Suquamish Way Intersection Improvements project (L2200093).
(47) (($700,000)) $658,000 of the motor vehicle account--federal
appropriation ((is)) and $16,000 of the motor vehicle account--state
appropriation are provided solely for the US 395/Lind Road Intersection
project (L2200086).
(48) $8,303,000 of the motor vehicle account--state appropriation
is provided solely to advance the design, preliminary engineering, and
rights-of-way acquisition for the priority projects identified in LEAP
Transportation Document 2012-3 as developed March 8, 2012. Funds must
be used to advance the emergent, initial development of these projects
for the purpose of expediting delivery of the associated major
investments when funding for such investments becomes available.
Funding may be reallocated between projects to maximize the
accomplishment of design and preliminary engineering work and rights-of-way acquisition, provided that all projects are addressed. It is
the intent of the legislature that, while seeking to maximize the
outcomes in this section, the department shall provide for continuity
of both the state and consulting engineer workforce, while
strategically utilizing private sector involvement to ensure
consistency with the department's business plan for staffing in the
highway construction program in the current and next fiscal biennium.
Sec. 1004 2012 c 86 s 306 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($44,463,000))
$23,754,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($81,741,000))
$78,113,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($540,306,000))
$510,909,000
Motor Vehicle Account -- Private/Local
Appropriation . . . . . . . . . . . . (($21,585,000))
$18,894,000
Tacoma Narrows Toll Bridge Account--State
Appropriation . . . . . . . . . . . . (($259,000))
$518,000
((Transportation 2003 Account (Nickel Account)--State))
Appropriation . . . . . . . . . . . . $23,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $3,500,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($691,877,000))
$635,688,000
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 ((2012-2))
2013-1 as developed ((March 8, 2012)) April 3, 2013, 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 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.
(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.
(5) ((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.)) 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.
(6)
(((7) $789,000)) (6) $739,000 of the motor vehicle account--federal
appropriation and (($6,000)) $56,000 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).
(((8) $10,843,000)) (7) $9,096,000 of the motor vehicle account--federal appropriation, (($1,992,000)) $1,794,000 of the motor vehicle
account--private/local appropriation, and (($390,000)) $340,000 of the
motor vehicle account--state appropriation are provided solely for the
SR 21/Keller Ferry - Replace Boat project (602110J).
(((9) $165,000)) (8) $227,000 of the motor vehicle account--federal
appropriation ((is)) and $13,000 of the motor vehicle account--state
appropriation are provided solely for the I-90/Ritzville to Tokio -Paving of Outside Lanes project (609041G).
(((10) $5,565,000)) (9) $1,566,000 of the motor vehicle account--federal appropriation and (($232,000)) $124,000 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.
(((11) $507,000)) (10) $649,000 of the motor vehicle account--federal appropriation and (($13,000)) $15,000 of the motor vehicle
account--state appropriation are provided solely for the SR
906/Travelers Rest - Building Renovation project (090600A).
(((12))) (11) The department shall submit a renewal and
rehabilitation plan for the new state route number 16 Tacoma Narrows
bridge as a decision package as part of its 2013-2015 biennial budget
submittal.
(12) $3,500,000 of the highway safety account--state appropriation
is provided solely for urgent preservation needs on the state highway
system.
Sec. 1005 2012 c 86 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,779,000))
$8,801,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($7,283,000))
$7,184,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($16,062,000))
$15,985,000
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.
Sec. 1006 2012 c 86 s 308 (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 . . . . . . . . . . . . (($61,965,000))
$62,332,000
Puget Sound Capital Construction Account--Federal
Appropriation . . . . . . . . . . . . (($61,736,000))
$56,634,000
Puget Sound Capital Construction Account--Private/Local
Appropriation . . . . . . . . . . . . (($200,000))
$356,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($119,928,000))
$150,215,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($12,838,000))
$12,892,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $27,527,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($284,194,000))
$309,956,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) Except as provided otherwise in this section, the entire
appropriations in this section are provided solely for the projects and
activities as listed in LEAP Transportation Document ((2012-1)) 2013-2
ALL PROJECTS as developed ((March 8, 2012)) April 3, 2013, 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 $27,527,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
(4) The Puget Sound capital construction account--state
appropriation includes up to $45,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.843.
(5) (($17,970,000)) $17,370,000 of the transportation 2003 account
(nickel account)--state appropriation is provided solely for the
acquisition of new Kwa-di-tabil class ferry vessels (project 944470A)
subject to the conditions of RCW 47.56.780.
(6) $25,404,000 of the multimodal transportation account--state
appropriation, $1,000,000 of the Puget Sound capital construction
account--federal appropriation, $11,500,000 of the transportation
partnership account--state appropriation, and (($85,924,000))
$76,917,000 of the transportation 2003 account (nickel account)--state
appropriation are provided solely for the acquisition of one 144-car
vessel (project L2200038). 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.
(7) $39,894,000 of the transportation 2003 account (nickel
account)--state appropriation and $2,500,000 of the Puget Sound capital
construction account--federal appropriation are provided solely for the
purposes of constructing a ferry boat vessel with a carrying capacity
of at least one hundred forty-four cars (project L2200039).
(8) $5,749,000 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.
(((8))) (9) 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.
(((9) $3,000,000)) (10) $6,000,000 of the Puget Sound capital
construction account--state appropriation is provided solely for
emergency capital repair costs (project 999910K). Funds may be spent
only after approval from the office of financial management.
(((10))) (11) $4,851,000 of the Puget Sound capital construction
account--state appropriation is provided solely for the reservation and
communications system projects (L200041 & L200042).
(((11))) (12) $1,000,000 of the Puget Sound capital construction
account--state appropriation is provided solely for security and
operational planning as a first step in introducing liquid natural gas
(LNG) to the Washington ferry fleet, including the issuance of a
request for proposals (RFP). $750,000 is provided solely for the
department to work with appropriate agencies of the state and federal
government to amend the state's current alternative security plan to
account for the use of LNG as a propulsion fuel in the ferry fleet, and
to begin public outreach efforts. $250,000 is provided solely to issue
an RFP for a design-build contract to fully convert the existing diesel
powered Issaquah class fleet to be solely powered by LNG. The
successful bidder must be awarded the $250,000 appropriation and must
be able to offer detailed design services, attain coast guard approval
regarding vessel safety and any other requirements pertaining to
design, acquire engines with LNG as a sole fuel source, provide public
outreach and education regarding the conversion of ferry vessels to
LNG, perform all conversion work, and supply dependable and suitable
quantities of LNG. The RFP must include incentives for proposals that
include alternative financing arrangements, such as a delayed payment
plan based on fuel savings. To the extent allowable under current law,
the bidder awarded the design-build contract for converting the
Issaquah fleet to LNG under this subsection must be given bidding
preferences in any future LNG-related ferry proposals or projects. The
RFP referenced in this subsection must be issued by the department by
August 1, 2012. The department must provide a report to the joint
transportation committee on the development of the RFP in July 2012 and
an update report again in September 2012.
(((12) $500,000)) (13) $1,200,000 of the Puget Sound capital
construction account--state appropriation is provided solely for the
ADA visual paging project (L2200083). If any new federal grants are
received by the department that may supplant the state funds in this
appropriation, the state funds in this appropriation must be placed in
unallotted status.
(((13))) (14) Consistent with RCW 47.60.662, which requires the
Washington state ferry system to collaborate with passenger-only ferry
and transit providers to provide service at existing terminals, the
department shall ensure that multimodal access, including for
passenger-only ferries and transit service providers, is not precluded
by any future modifications at the terminal.
(15) The appropriation in this section includes up to $47,759,000
in proceeds from the sale of bonds authorized in RCW 47.10.861.
Sec. 1007 2012 c 86 s 309 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account--State
Appropriation . . . . . . . . . . . . $1,565,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . (($5,693,000))
$5,268,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($58,220,000))
$32,917,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($236,597,000))
$110,272,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . (($1,010,000))
$1,096,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($303,085,000))
$151,118,000
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 ((2012-1)) 2013-2 ALL PROJECTS as developed ((March 8, 2012))
April 3, 2013, Program-Rail Capital Program (Y).
(b) Within the amounts provided in this section, $4,757,000 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, (($2,047,000))
$1,754,000 of the multimodal transportation account--state
appropriation((, $10,000 of the multimodal transportation account--private/local 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) 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, 2012, the department shall submit a prioritized list of recommended
projects to the office of financial management and the transportation
committees of the legislature.
(b) When the department identifies a prospective rail project that
may have strategic significance for the state, or at the request of a
proponent of a prospective rail project or a member of the legislature,
the department shall evaluate the prospective project according to the
cost-benefit methodology developed during the 2008 interim using the
legislative priorities specified in (c) of this subsection. The
department shall report its cost-benefit evaluation of the prospective
rail project, as well as the department's best estimate of an
appropriate construction schedule and total project costs, to the
office of financial management and the transportation committees of the
legislature.
(c) The legislative priorities to be used in the cost-benefit
methodology are, in order of relative importance:
(i) Economic, safety, or environmental advantages of freight
movement by rail compared to alternative modes;
(ii) Self-sustaining economic development that creates family-wage
jobs;
(iii) Preservation of transportation corridors that would otherwise
be lost;
(iv) Increased access to efficient and cost-effective transport to
market for Washington's agricultural and industrial products;
(v) Better integration and cooperation within the regional,
national, and international systems of freight distribution; and
(vi) Mitigation of impacts of increased rail traffic on
communities.
(3) The department is directed to 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 multimodal transportation account--state appropriation
includes up to $12,103,000 in proceeds from the sale of bonds
authorized in RCW 47.10.867.
(6) 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.
(7) (($218,341,000)) $84,563,000 of the multimodal transportation
account--federal appropriation and (($3,639,000)) $1,465,000 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.
(8) $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.
(9) As allowable under federal rail authority rules and existing
competitive bidding practices, when purchasing new train sets, the
department shall give preference to bidders that propose train sets
with characteristics and maintenance requirements most similar to those
currently owned by the department.
(10) Funds generated by the grain train program are solely for
operating, sustaining, and enhancing the grain train program including,
but not limited to, operations, capital investments, inspection,
developing business plans for future growth, and fleet management. Any
funds deemed by the department, in consultation with relevant port
districts, to be in excess of current operating needs or capital
reserves of the grain train program may be transferred from the
miscellaneous program account to the essential rail assistance account
for the purpose of sustaining the grain train program through
maintaining the Palouse river and Coulee City railroad line, on which
the grain train program operates.
(11) $500,000 of the essential rail assistance account--state
appropriation is provided solely for the purpose of rehabilitation and
maintenance of the Palouse river and Coulee City railroad line.
Expenditures from this appropriation may not exceed the combined total
of:
(a) The revenues deposited into the essential rail assistance
account from leases and sale of property pursuant to RCW 47.76.290; and
(b) Revenues transferred from the miscellaneous program account for
the purpose of sustaining the grain train program through maintaining
the Palouse river and Coulee City railroad line.
(12) $200,000 of the multimodal transportation account--state
appropriation is provided solely for the Clark county chelatchie
prairie rail road (project L2200085).
Sec. 1008 2012 c 86 s 310 (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
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($4,179,000))
$2,511,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($37,935,000))
$19,759,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $752,000
Freight Mobility Investment Account -- State
Appropriation . . . . . . . . . . . . (($11,278,000))
$5,044,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($7,181,000))
$3,967,000
Freight Mobility Multimodal Account -- State
Appropriation . . . . . . . . . . . . (($15,668,000))
$11,868,000
Freight Mobility Multimodal Account -- Local
Appropriation . . . . . . . . . . . . (($2,834,000))
$960,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($22,575,000))
$15,413,000
Passenger Ferry Account--State Appropriation . . . . . . . . . . . . $1,115,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($104,574,000))
$61,389,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $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.
(2) 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.
(3) 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.
(4) The city of Winthrop may utilize a design-build process for the
Winthrop bike path project.
(5) (($14,813,000)) $10,654,000 of the multimodal transportation
account--state appropriation, (($12,804,000)) $9,554,000 of the motor
vehicle account--federal appropriation, ((and $6,241,000)) $3,417,000
of the transportation partnership account--state appropriation, and
$202,000 of the highway safety 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.
(6) 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 ((2012-1)) 2013-2 ALL PROJECTS as developed ((March 8, 2012))
April 3, 2013, Program - Local Program (Z).
(7) 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 and
may also advance projects in future biennia, as identified in LEAP
Transportation Document ((2012-1)) 2013-2 ALL PROJECTS as developed
((March 8, 2012)) April 3, 2013, into the current biennium in order for
the board to manage project spending and efficiently deliver all
projects in the respective program.
(8) With each department budget submittal, the department shall
provide an update on the status of the repayment of the twenty million
dollars of unobligated federal funds authority advanced by the
department in September 2010 to the city of Tacoma for the Murray
Morgan/11th Street bridge project.
(9) If funding is specifically designated in this act for main
street projects, the department shall prepare a list of projects that
is consistent with chapter 257, Laws of 2011, for approval in the 2013-2015 fiscal biennium.
(10) (($267,000)) $50,000 of the motor vehicle account--state
appropriation and (($2,859,000)) $50,000 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.
(11) Up to (($3,702,000)) $2,680,000 of the motor vehicle account--federal appropriation and (($75,000)) $55,000 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.
(12) $225,000 of the multimodal transportation account--state
appropriation is provided solely for the Shell Valley emergency road
and bicycle/pedestrian path (L1000036).
(13) $188,000 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).
(14) (($896,000)) $293,000 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).
(15) ((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 (6) 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.)) $30,000 of the motor vehicle account--federal
appropriation is provided solely for safety improvements at the
intersection of South Wapato and McDonald Road (L1000052).
(16) $500,000
(((17) $2,000,000)) (16) $850,000 of the multimodal transportation
account--state appropriation is provided solely for the state route
number 432 rail realignment and highway improvements project
(L1000056).
(((18))) (17) $100,000 of the motor vehicle account--federal
appropriation is provided solely for state route number 164 and Auburn
Way South pedestrian improvements (L1000057).
(((19))) (18) $115,000 of the motor vehicle account--federal
appropriation is provided solely for median street lighting on state
route number 410 (L1000058).
(((20))) (19) $60,000 of the multimodal transportation account--state appropriation is provided solely for a cross docking study for
the port of Douglas county (L1000060).
(((21))) (20) $100,000 of the motor vehicle account--federal
appropriation is provided solely for city of Auburn - 8th and R Street
NE intersection improvements (L2200043).
(((22))) (21) $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.
(((23) $1,750,000)) (22) $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).
(((24))) (23) The department shall implement a call for projects
eligible for the bicycle and pedestrian grant program similar to the
call for projects conducted in 2010, although the department may adjust
the criteria to include mobility and connectivity. The department
shall include a list of prioritized bicycle and pedestrian grant
projects for approval in the 2013-2015 biennial transportation budget.
(((25))) (24) $100,000 of the multimodal transportation account--state appropriation is provided solely for the design of a stand-alone
ADA accessible bicycle/pedestrian bridge across the Sultan river in the
city of Sultan (L1100044).
(((26) $445,000)) (25) $30,000 of the motor vehicle account--federal appropriation is provided solely for pedestrian lighting on the
main span of the Chehalis river bridge in Aberdeen (L1100046).
(((27) $500,000)) (26) $80,000 of the motor vehicle account--federal appropriation is provided solely for resurfacing Alder Avenue
in the city of Sultan (L1100047).
(((28) $800,000)) (27) $550,000 of the motor vehicle account--federal appropriation is provided solely for rights-of-way acquisition
on state route number 516 from Jenkins creek to 185th (L2000017).
(((29) $1,100,000 of the motor vehicle account--federal
appropriation is provided solely for traffic analysis, right-of-way,
and design work on the 31st Avenue Southwest overpass on Puyallup's
South Hill (L1100048).)) (28) $250,000 of the motor vehicle account--federal appropriation is provided solely for environmental
documentation and preliminary engineering for the Scott Avenue
Reconnection Project in the city of Woodland (L1100049).
(30) $2,000,000
(((31) $350,000 of the motor vehicle account--federal appropriation
is provided solely for preliminary engineering and rights-of-way on the
Slater Road Bridge project (L2200089).)) (29) $40,000 of the motor vehicle account--federal
appropriation is provided solely for rehabilitation work for
156th/160th Avenue in the city of Covington (L2200088).
(32) $380,000
(((33))) (30) $380,000 of the motor vehicle account--federal
appropriation is provided solely for improvements to Penney Avenue in
the town of Naches (L2200090).
(((34))) (31) $450,000 of the motor vehicle account--federal
appropriation is provided solely for preliminary engineering on NW
Friberg Street and Goodwin Road in the city of Camas (L2200091).
(32) $550,000 of the highway safety account--state appropriation is
provided to the freight mobility strategic investment board solely for
grants to meet urgent freight corridor improvement and preservation
needs.
Sec. 1101 2011 c 367 s 601 (uncodified) is amended to read as
follows:
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.)) Washington state patrol: ((
(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)(i))) (a) 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))) (b) Enter into a financing contract for up to
(($40,100,000)) $39,100,000 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.
Sec. 1201 2012 c 86 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--State
Appropriation . . . . . . . . . . . . (($879,501,000))
$862,130,000
Ferry Bond Retirement Account--State
Appropriation . . . . . . . . . . . . (($31,801,000))
$31,807,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($3,818,000))
$4,766,000
Transportation Improvement Board Bond Retirement
Account--State Appropriation . . . . . . . . . . . . (($16,482,000))
$17,174,000
Nondebt-Limit Reimbursable Account Appropriation . . . . . . . . . . . . (($22,476,000))
$21,877,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($3,654,000))
$2,570,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($382,000))
$270,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($1,305,000))
$1,411,000
((Transportation Improvement Account--State))
Appropriation . . . . . . . . . . . . $29,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($158,000))
$181,000
Toll Facility Bond Retirement Account--State
Appropriation . . . . . . . . . . . . (($48,807,000))
$41,279,000
Toll Facility Bond Retirement Account--Federal
Appropriation . . . . . . . . . . . . (($7,500,000))
$18,283,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,015,913,000))
$1,001,748,000
Sec. 1202 2012 c 86 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 . . . . . . . . . . . . (($960,000))
$1,826,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($587,000))
$352,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($58,000))
$28,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($255,000))
$152,000
((Transportation Improvement Account--State Appropriation . . . . . . . . . . . . $5,000))
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($23,000))
$14,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,888,000))
$2,372,000
Sec. 1203 2012 c 86 s 404 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- STATE REVENUES FOR DISTRIBUTION
Motor Vehicle Account--State Appropriation for motor
vehicle fuel tax distributions to cities and
counties . . . . . . . . . . . . (($470,701,000))
$465,681,000
Public Transportation Grant Program Account--State
Appropriation . . . . . . . . . . . . $9,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . $474,681,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) The public transportation grant program account--state
appropriation must be distributed statewide to transit authorities
according to the distribution formula in subsection (2) of this
section. Funding must be used for operations.
(2) Of the public transportation grant program account amounts
appropriated in this section:
(a) One-third must be distributed based on vehicle miles of service
provided;
(b) One-third must be distributed based on the number of vehicle
hours of service provided; and
(c) One-third must be distributed based on the number of passenger
trips.
(3) For the purposes of this section:
(a) "Transit authorities" has the same meaning as in RCW
9.91.025(2)(c).
(b) "Vehicle miles of service," "vehicle hours of service," and
"passenger trips" are transit service metrics as reported by the public
transportation program of the department of transportation in the
annual report required in RCW 35.58.2796 for calendar year 2010.
Sec. 1204 2012 c 86 s 405 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- TRANSFERS
Motor Vehicle Account -- State Appropriation: For
motor vehicle fuel tax refunds and statutory
transfers . . . . . . . . . . . . (($1,227,005,000))
$1,213,253,000
Sec. 1205 2012 c 86 s 406 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING -- TRANSFERS
Motor Vehicle Account -- State Appropriation: For
motor vehicle fuel tax refunds and transfers . . . . . . . . . . . . (($151,870,000))
$147,557,000
Sec. 1206 2012 c 86 s 407 (uncodified) is amended to read as
follows:
FOR THE STATE TREASURER -- ADMINISTRATIVE TRANSFERS
(1) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . $45,500,000
(2) Recreational Vehicle Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $1,150,000
(3) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $3,000,000
(4) Multimodal Transportation Account--State
Appropriation: For transfer to the Puget Sound
Ferry Operations Account--State . . . . . . . . . . . . $42,000,000
(5) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $23,000,000
(6) Advanced Right-of-Way Revolving Fund: For
transfer to the Motor Vehicle Account--State . . . . . . . . . . . . $5,000,000
(7) Rural Mobility Grant Program Account--State
Appropriation: For transfer to the Multimodal
Transportation Account--State . . . . . . . . . . . . $3,000,000
(8) Motor Vehicle Account--State
Appropriation: For transfer to the State Patrol
Highway Account--State . . . . . . . . . . . . $16,000,000
(9) State Route Number 520 Corridor
Account--State Appropriation: For transfer to the
Motor Vehicle Account--State . . . . . . . . . . . . $58,000
(10) Motor Vehicle Account--State
Appropriation: For transfer to the Special Category C
Account--State . . . . . . . . . . . . $2,500,000
(11) Regional Mobility Grant Program
Account--State Appropriation: For transfer to the
Multimodal Transportation Account--State . . . . . . . . . . . . $1,000,000
(12) State Patrol Highway Account--State
Appropriation: For transfer to the Vehicle
Licensing Fraud Account--State . . . . . . . . . . . . $100,000
(13) Capital Vessel Replacement Account--State
Appropriation: For transfer to the Transportation 2003
Account (Nickel Account)--State . . . . . . . . . . . . (($6,367,000))
$6,221,000
(14) Multimodal Transportation Account--State
Appropriation: For transfer to the Public Transportation
Grant Program Account--State for the purposes of
distributions of $3,000,000 on each of the last
working days of December, March, and June in fiscal
year 2013 . . . . . . . . . . . . $9,000,000
(15) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Capital Construction
Account--State . . . . . . . . . . . . $45,000,000
(16) The transfers identified in this section are subject to the
following conditions and limitations:
(a) The transfer in subsection (9) of this section represents the
repayment of an amount equal to subprogram B5 expenditures that
occurred in the motor vehicle account in the 2009-2011 fiscal biennium.
(b) The amount transferred in subsection (2) of this section shall
not exceed the expenditures incurred from the motor vehicle account--state for the recreational vehicle sanitary disposal systems program.
Sec. 1301 2012 c 86 s 701 (uncodified) is amended to read as
follows:
It is the intent of the legislature that the appropriations in
((sections 702 through 713 of this act be)) chapter 86, Laws of 2012
that were supported by the legislative changes in chapter 80, Laws of
2012 and chapter 74, Laws of 2012 were an initial commitment to the
programs and activities funded and that the commitment continue through
the 2013-2015 fiscal biennium. To that end, it is the intent of the
legislature that the spending plan for the 2013-2015 fiscal biennium
reflect the programmatic areas and amounts described in LEAP
Transportation Document 2012-4, as developed March 8, 2012.
NEW SECTION. Sec. 1401 The appropriations to the department of
transportation in chapter 86, Laws of 2012 and this act must be
expended for the programs and in the amounts specified in this act.
However, after May 1, 2013, unless specifically prohibited, the
department may transfer state appropriations for the 2011-2013 fiscal
biennium among 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.
NEW SECTION. Sec. 1402 The following acts or parts of acts are
each repealed:
(1) 2012 c 86 s 702 (uncodified);
(2) 2012 c 86 s 703 (uncodified);
(3) 2012 c 86 s 704 (uncodified);
(4) 2012 c 86 s 705 (uncodified);
(5) 2012 c 86 s 706 (uncodified);
(6) 2012 c 86 s 707 (uncodified);
(7) 2012 c 86 s 708 (uncodified);
(8) 2012 c 86 s 709 (uncodified);
(9) 2012 c 86 s 710 (uncodified);
(10) 2012 c 86 s 711 (uncodified);
(11) 2012 c 86 s 712 (uncodified);
(12) 2012 c 86 s 713 (uncodified);
(13) 2012 c 86 s 714 (uncodified);
(14) 2012 c 86 s 715 (uncodified); and
(15) 2012 c 86 s 716 (uncodified).
NEW SECTION. Sec. 1501 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. 1502 Except for sections 702 and 709 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. 1503 Section 702 of 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 July 1, 2013.
NEW SECTION. Sec. 1504 Section 709 of this act takes effect if
chapter . . . (Substitute House Bill No. 1745), Laws of 2013 is not
enacted before June 30, 2013.