BILL REQ. #:  H-2462.4 

READ FIRST TIME 04/27/13.   

     AN ACT Relating to additive transportation funding; creating new sections; making appropriations; and providing an effective date.

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

NEW SECTION.  Sec. 1   (1) Additive transportation funding 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 for the period ending June 30, 2015.
     (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act:
     (a) "Lapse" means the amount shall return to unappropriated status.
     (b) "LEAP" means the legislative evaluation and accountability program committee.
     (c) "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.

NEW SECTION.  Sec. 2   FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $50,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The joint legislative audit and review committee shall conduct a study of registration and inspection fee programs regulating gas stations and other businesses that emit gasoline vapors administered by the department of ecology and air pollution control authorities (collectively referred to as "regulatory agencies") as provided in chapter 70.94 RCW. The goal of the study is to provide recommendations to the legislature that, if implemented, would result in more consistent and transparent fees and regulations across all regulatory agencies included in the study.
     (2) The study shall include, but not be limited to:
     (a) Comparing and contrasting registration and inspection fees and methodologies used in calculating fees among all regulatory agencies as provided in RCW 70.94.151;
     (b) Comparing and contrasting inspection processes and criteria among all regulatory agencies, including frequency of registration and inspection of facilities; and
     (c) Comparing and contrasting inspection processes and criteria utilized by the state's regulatory agencies with criteria established by the United States environmental protection agency regulating gas stations and other businesses that emit gasoline vapors. This should include, but not be limited to, the agency's policy on federal stage II vapor recovery requirements.
     (3) In conducting the study, the committee shall develop a stakeholder list, including representatives from each regulatory agency and representatives from the regulated community as recommended by the Washington oil marketers association. The committee shall meet with stakeholders as it deems necessary, but shall convene at least one meeting of all stakeholders within two months of commencing the study.
The committee shall submit its findings and recommendations to the legislature no later than December 31, 2014.

NEW SECTION.  Sec. 3   FOR THE DEPARTMENT OF TRANSPORTATION--IMPROVEMENTS--PROGRAM I
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $340,500,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The amounts provided in this section are subject to the limitations in chapter . . . (Substitute House Bill No. 1957), Laws of 2013.
     (2) Except as otherwise provided in this section, the entire connecting Washington account--state appropriation is provided solely for the Program I projects and activities listed in LEAP Transportation Document 2013-4, as developed April 18, 2013, for planning, environmental, and design work on the NE 132nd Street Interchange/I-405 project, and for LEAP Transportation Document 2013-M1, as developed April 21, 2013.
     (3) $9,200,000 of the connecting Washington account--state appropriation is provided solely for the SR 509/I-5/SR 167 Freight Corridor project. The secretary of transportation must work with the freight mobility strategic investment board to ensure that the project is a priority project within the state freight mobility plan required under the federal moving ahead for progress in the 21st century act.
     (4) The connecting Washington account--state appropriation includes up to $230,000,000 in proceeds from the sale of bonds authorized in chapter . . . (House Bill No. 1956), Laws of 2013.
     (5) $200,000 of the connecting Washington account--state appropriation is provided solely for the study of the state route number 162 and state route number 410 corridors. The study must look at state route number 162 and state route number 410 and their relationship to state route number 167, corridor improvements to accommodate planned growth, and the identification of multimodal options to alleviate congestion and transit demands in eastern Pierce county communities.
     (6) $200,000 of the connecting Washington account--state appropriation is provided solely for the department to study the feasibility of added high occupancy vehicles lanes on Interstate 5 between Joint Base Lewis-McChord and South 38th Street in Tacoma. The study must include a cost estimate and be submitted to the transportation committees of the legislature by January 2015.
     (7) In the development of projects within the United States Highway 395/North Spokane corridor, the associated planning staff shall review the department's project design plans in any draft environmental impact statement for conformance with the following legislative goals regarding the final design for additional projects within the corridor:
     (a) Minimization of the project impact on surrounding neighborhoods, including minimizing any increases in additional traffic volumes through such neighborhoods; and
     (b) Incorporation of the recommendations of a health impact assessment to calculate the project's impact on air quality, carbon emissions, and other public health issues, conducted by the Spokane regional transportation council and the Spokane county public health department.

NEW SECTION.  Sec. 4   FOR THE DEPARTMENT OF TRANSPORTATION--ECONOMIC PARTNERSHIPS--PROGRAM K
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $6,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $6,000,000 of the connecting Washington account--state appropriation is provided solely to capitalize the Washington electric vehicle infrastructure bank for the purpose of providing revolving loans.
     (2) Prior to providing any financial assistance for electric vehicle infrastructure projects, the department must submit a business plan to the house of representatives and senate transportation committees and to the governor's office. Expenditures for development of the business plan must not exceed thirty-five thousand dollars.
     (3) Annual progress reports must be transmitted to the legislature and governor by December 1, 2013, and December 1, 2014.

NEW SECTION.  Sec. 5   FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $55,100,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The department shall prioritize storm water retrofit projects when selecting maintenance and preservation projects, and shall prioritize storm water retrofit projects based on the projected benefit for compliance with the department's national pollution discharge elimination system permit.
     (2) $20,000,000 of the connecting Washington account--state appropriation is provided solely for the purposes of removing fish passage barriers related to the transportation system that are identified by the department pursuant to any legal obligation.

NEW SECTION.  Sec. 6   FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $91,100,000

     The appropriation in this section is subject to the following conditions and limitations: $26,000,000 of the connecting Washington account--state appropriation is provided solely for storm water retrofits, including advance treatment retrofits, for compliance with the department's national pollution discharge elimination system permit. In completing storm water retrofits, the department shall use low-impact development (LID) techniques when feasible. Advance treatment and LID storm water retrofits shall be integrated with preservation project life-cycle, ranking, and construction, where such retrofits geographically coincide with planned preservation projects. To accomplish this directive, the department must develop LID retrofit project lists and incorporate project lists into relevant capital plans. The department must consult with the Washington state department of ecology to certify that the retrofit projects have high water quality and environmental benefits.
     The department, in consultation with the Washington state department of ecology, shall develop comprehensive criteria to coordinate, rate, and rank preservation projects and storm water retrofit projects. The system must be designed to provide a funding preference to LID retrofit projects that reduce water pollution from existing transportation infrastructure.
     The department must create a biennial project list for the design and construction of LID storm water retrofit projects. The department will coordinate the design and construction of preservation and storm water retrofit projects to ensure efficient and effective use of funds. By December 31, 2013, and biennially thereafter, the department shall provide to the legislature both a storm water retrofit project list and a report regarding how much funding is allocated to preservation and storm water retrofit projects, identifying the water quality and environmental benefits created from the storm water projects, and summarizing how preservation and storm water retrofit projects are coordinated and integrated.

NEW SECTION.  Sec. 7   FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . $50,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The entire appropriation in this section is provided solely for the projects listed in LEAP Transportation Document 2013-L2 TRANSIT PROJECTS, as developed April 22, 2013.
     (2) The amount appropriated in this section is intended to continue to be used in future biennia for the purpose of completing projects on the LEAP Transportation Document 2013-L2 TRANSIT PROJECTS, as developed April 22, 2013.

NEW SECTION.  Sec. 8   FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $120,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The amounts provided in this section are further subject to the limitations in chapter . . . (Substitute House Bill No. 1957), Laws of 2013.
     (2) The connecting Washington account--state appropriation includes up to $110,000,000 in proceeds from the sale of bonds authorized in chapter . . . (House Bill No. 1956), Laws of 2013.
     (3) $110,000,000 of the connecting Washington account--state appropriation is provided solely for the purposes of constructing a ferry boat vessel with a carrying capacity of at least one hundred forty-four cars.
     (4) $10,000,000 of the connecting Washington account--state appropriation is provided solely for the Mukilteo and Seattle terminal replacement projects of the Washington state ferry system. The amount provided in this subsection represents the first portion of a ten-year state funding plan as described in LEAP Transportation Document 2013-4, as developed April 18, 2013. This LEAP transportation document identifies: (a) $119,100,000 in state funds to be provided over ten years to complete the Mukilteo terminal replacement project; and (b) $278,200,000 in state funds to be provided over ten years for substantial advancement of the Seattle terminal replacement project, including: (i) Design work and selection of a preferred plan; (ii) replacing timber pilings with pilings sufficient to support a selected terminal design; (iii) replacing the timber portion of the dock with a new and reconfigured steel and concrete dock; and (iv) other staging and construction work as the amount allows.

NEW SECTION.  Sec. 9   FOR THE DEPARTMENT OF TRANSPORTATION--RAIL--PROGRAM Y--CAPITAL
Multimodal Transportation Account--State Appropriation . . . . . . . . . . . . $16,800,000
Essential Rail Assistance Account--State Appropriation . . . . . . . . . . . . $2,200,000
     TOTAL APPROPRIATION . . . . . . . . . . . . $19,000,000
     The appropriations in this section are subject to the following conditions and limitations:
     (1) $16,800,000 of the multimodal transportation account--state appropriation is provided solely for reliability and slope stabilization projects on the Cascades passenger rail corridor.
     (2) $2,200,000 of the essential rail assistance account--state appropriation is provided solely for newly selected projects for the freight rail assistance program.

NEW SECTION.  Sec. 10   FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . $36,800,000
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $100,190,000
Pedestrian, Bicycle, and Safe Routes to School
     Account--State Appropriation . . . . . . . . . . . . $16,500,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $153,490,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $20,000,000 of the multimodal transportation account--state appropriation is provided solely for grants to public transit agencies.
     (2) $16,800,000 of the multimodal transportation account--state appropriation is provided solely for grants to local governments under the complete streets grant program.
     (3) $100,000,000 of the connecting Washington account--state appropriation is provided solely for the projects listed in LEAP Transportation Document 2013-L1 PEDESTRIAN AND BICYCLE SAFETY PROJECTS, as developed April 22, 2013.
     (4) The connecting Washington account--state appropriation includes up to $100,000,000 in proceeds from the sale of bonds authorized in chapter . . . (Substitute House Bill No. 1956), Laws of 2013.
     (5) $16,500,000 of the pedestrian, bicycle, and safe routes to school account--state appropriation is provided solely for newly selected projects for the pedestrian and bicycle safety program.
     (6) The amount appropriated in this section from the pedestrian, bicycle, and safe routes to school account--state appropriation for newly selected pedestrian and bicycle safety program projects is intended to continue to be used in future biennia for the purpose of newly selected projects and is to be considered in addition to and is not intended to supplant the level of funding for the programs as was enacted in chapter 86, Laws of 2012.
     (7) In addition to the amount provided in this section for newly selected pedestrian and bicycle safety program projects, it is the intent of the legislature that the $5,200,000 of the motor vehicle account--state appropriation for newly selected safe routes to school projects in chapter . . . (Engrossed Substitute Senate Bill No. 5024), Laws of 2013 (making transportation appropriations for the 2011-13 and 2013-15 fiscal biennia) continue to be used in future biennia for the purpose of newly selected safe routes to school projects.
     (8) $190,000 of the connecting Washington account--state appropriation is provided solely for the regional transportation planning organizations across the state to continue the implementation of the comprehensive transportation planning and data framework called, forward Washington.

NEW SECTION.  Sec. 11   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 . . . . . . . . . . . . $13,354,000
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $900,000
     TOTAL APPROPRIATION . . . . . . . . . . . . $14,254,000

NEW SECTION.  Sec. 12   FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Capital Vessel Replacement Account--State Appropriation . . . . . . . . . . . . $418,000
Connecting Washington Account--State Appropriation . . . . . . . . . . . . $1,158,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $1,576,000

NEW SECTION.  Sec. 13   This act takes effect August 1, 2013.

NEW SECTION.  Sec. 14   If chapter . . . (Substitute House Bill No. 1954), Laws of 2013 is not enacted by June 30, 2013, the appropriations in this act are null and void.