Passed by the Senate March 12, 2014 YEAS 44   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 11, 2014 YEAS 65   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6001 as passed by the Senate and the House of Representatives on the dates hereon set forth. HUNTER G. GOODMAN ________________________________________ Secretary | |
Approved April 4, 2014, 10:38 a.m., with
the exception of Sections 201(5);
205(8); 206; 207(8); 208(13); 208(16);
213(7); 306(24); and 310(7)(a) and (b),
page 66, line 29 through page 67, line
16, which are vetoed. JAY INSLEE ________________________________________ Governor of the State of Washington | April 4, 2014 Secretary of State State of Washington |
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/27/14.
AN ACT Relating to transportation funding and appropriations; amending RCW 47.28.030, 81.53.281, 82.70.020, 82.70.040, 82.70.050, 82.70.900, and 90.03.525; amending 2013 c 306 ss 101, 102, 103, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 404, 405, 406, 407, 517, 518, 519, and 603 (uncodified); adding new sections to chapter 306, Laws of 2013 (uncodified); making appropriations and authorizing expenditures for capital improvements; providing contingent effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 2013 c 306 s 101 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($435,000))
$433,000
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.
Sec. 102 2013 c 306 s 102 (uncodified) is amended to read as
follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
Grade Crossing Protective Account--State
Appropriation . . . . . . . . . . . . $504,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) Within existing resources, the commission must work with
stakeholders to study the safety of equipment, driver qualifications,
insurance levels, safety of operations, and the past accidents of
charter party carriers providing railroad crew transportation.
(2) The study must include a review of current practices regarding:
(a) Driver qualifications, including a driver's experience and
skill, physical condition, type or class of license, and any license
suspensions or revocations;
(b) Equipment safety;
(c) Safety of operations;
(d) Passenger safety;
(e) Insurance coverage levels, including liability coverage,
uninsured and underinsured motorist coverage, and property damage
coverage; and
(f) Safety complaints received by the commission.
(3) This study must also include examination of past accidents
involving vehicles regulated under chapter 81.61 RCW.
(4) The commission must provide a report to the legislature by
December 31, 2014, summarizing the findings to date, including
recommendations for avoiding accidents in the future and providing
recommended statutory changes that would enhance public safety.
Sec. 103 2013 c 306 s 103 (uncodified) is amended to read as
follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,641,000))
$1,636,000
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . $176,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,817,000))
$1,812,000
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.
Sec. 104 2013 c 306 s 106 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF AGRICULTURE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,208,000))
$1,203,000
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.
Sec. 105 2013 c 306 s 107 (uncodified) is amended to read as
follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($529,000))
$527,000
*Sec. 201 2013 c 306 s 201 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($3,017,000))
$3,027,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($40,699,000))
$40,780,000
Highway Safety Account -- Private/Local Appropriation . . . . . . . . . . . . (($50,000))
$118,000
School Zone Safety Account -- State Appropriation . . . . . . . . . . . . (($1,800,000))
$1,700,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($45,566,000))
$45,625,000
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.
(((4))) (3) The commission may continue to oversee pilot projects
implementing the use of automated traffic safety cameras to detect
speed violations within cities west of the Cascade mountains that have
a population over one hundred ninety-five thousand. For the purposes
of pilot projects in this subsection, no more than one automated
traffic safety camera may be used to detect speed violations within any
one jurisdiction.
(a) The commission shall comply with RCW 46.63.170 in administering
the pilot projects.
(b) By January 1, 2015, any local authority that is operating an
automated traffic safety camera to detect speed violations must provide
a summary to the transportation committees of the legislature
concerning the use of the cameras and data regarding infractions,
revenues, and costs.
(4)(a) The commission shall coordinate with counties to implement
and administer a statewide yellow dot program that will provide a
yellow dot window decal and yellow dot folder during the 2013-2015
fiscal biennium.
(b) The commission may utilize available federal dollars and state
dollars to implement and administer the program. The commission may
accept donations and partnership funds through the state's existing
donation process and deposit the funds to the highway safety account
for the start-up and continued support of the program.
(c) The commission, in conjunction with counties, shall maintain a
separate web page that allows a person to download the yellow dot form
to be placed in the yellow dot folder and lists the locations in which
a person may pick up the yellow dot window decal and folder. The
commission and counties may not collect any personal information. A
person using the program is responsible for maintaining the information
in the yellow dot folder. Participation in the program does not create
any new or distinct obligation for emergency medical responders or law
enforcement personnel to determine if there is a yellow dot folder in
the motor vehicle or use the information contained in the yellow dot
folder.
(d) The commission may adopt rules necessary to implement this
subsection.
(5) During the 2013-2015 fiscal biennium, the commission shall
continue to provide funding to counties for target zero task forces at
the same annual allotment levels that were in place January 1, 2014.
By December 1, 2014, the commission must report to the transportation
committees of the legislature on any proposed changes in funding levels
for target zero task forces in the 2015-2017 fiscal biennium.
*Sec. 201 was partially vetoed. See message at end of chapter.
Sec. 202 2013 c 306 s 202 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State Appropriation . . . . . . . . . . . . (($945,000))
$939,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,186,000))
$2,195,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($1,456,000))
$1,446,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($4,587,000))
$4,580,000
Sec. 203 2013 c 306 s 203 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($3,804,000))
$3,900,000
Sec. 204 2013 c 306 s 204 (uncodified) is amended to read as
follows:
FOR THE JOINT TRANSPORTATION COMMITTEE
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($1,330,000))
$1,575,000
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 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) The joint transportation committee shall continue to convene a
subcommittee for legislative oversight of the I-5/Columbia river
crossing bridge replacement project. The Columbia river crossing
legislative oversight subcommittee must be made up of six members: Two
appointed by the cochairs of the senate transportation committee, two
appointed by the chair and ranking member of the house of
representatives transportation committee, one designee of the governor,
and one citizen jointly appointed by the four members of the joint
transportation executive committee. The citizen appointee must be a
Washington state resident of the area served by the bridge. At least
two of the legislative members must be from the legislative districts
served by the bridge. In addition to reviewing project and financing
information, the subcommittee must also coordinate with the Oregon
legislative oversight committee for the Columbia river crossing bridge.
(4) The joint transportation committee shall convene a work group
to identify and evaluate internal refinance opportunities for the
Tacoma Narrows bridge. The study must include a staff work group,
including staff from the office of financial management, the
transportation commission, the department of transportation, the office
of the state treasurer, and the legislative transportation committees.
The joint transportation committee shall issue a report of its findings
to the house of representatives and the senate transportation
committees by December 31, 2013.
(5) The joint transportation committee shall study and review the
use of surplus property proceeds to fund facility replacement projects,
and the possibility of using the north central region as a pilot. The
joint transportation committee shall consult with the department of
transportation and the office of financial management regarding the
department's current process for prioritizing and funding facility
improvement and replacement projects.
(6) $250,000 of the motor vehicle account--state appropriation is
for the joint transportation committee to evaluate the current status
of electric vehicle charging stations in Washington, and to make
recommendations regarding potential business models for financially-sustainable electric vehicle charging networks and alternative roles
for public and private sector participation in those business models.
Public sector participation may include public financing, funding,
facilitation, and other incentives to encourage installation of
electric vehicle charging stations. In conducting the study, the
committee must coordinate with the department of transportation and
consult with local governments and stakeholders in the electric vehicle
industry. The committee may also consult with users of electric
vehicles and stakeholders representing manufacturers and operators of
electric vehicle charging stations. The committee shall submit an
interim report by December 31, 2014, and a final report by March 1,
2015.
(7) The joint transportation committee shall coordinate a work
group to review the existing titling and registration processes along
with policies that county auditors, subagents, and agents must comply
with when conducting title and registration transactions. The goal and
related outcomes of the work group review are to provide
recommendations to streamline processes, modernize policies, and
identify potential information technology opportunities. Members of
the work group shall only include county auditors, subagents, agents,
and the department of licensing. The work group shall submit a report
to the transportation committees of the legislature on or before
December 1, 2014.
(8) The joint transportation committee shall coordinate a work
group comprised of representatives from the department of licensing,
the Washington state traffic safety commission, and other stakeholders
as deemed necessary, along with interested legislators, to develop
parameters for and make recommendations regarding a pilot program that
would allow students to meet traffic safety education requirements
online. Additionally, the work group shall make recommendations
related to requiring driver training to individuals between the ages of
eighteen and twenty-four who have not previously passed a driver
training education program or other methods of enhancing the safety of
this high-risk group. The joint transportation committee shall issue
a report of its findings to the transportation committees of the house
of representatives and senate by December 1, 2014.
*Sec. 205 2013 c 306 s 205 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION COMMISSION
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($2,947,000))
$3,516,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $112,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,059,000))
$3,628,000
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) Consistent with RCW 43.135.055 and 47.56.880, during the
2013-2015 fiscal biennium, the legislature authorizes the
transportation commission to set, periodically review, and, if
necessary, adjust the schedule of toll charges applicable to the
Interstate 405 express toll lanes.
(4)(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 (((3))) (4), 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.
(((4))) (5) $174,000 of the motor vehicle account--state
appropriation is provided solely for the voice of Washington survey
program. The funding must be utilized for continued program
maintenance and two transportation surveys for the 2013-2015 fiscal
biennium.
(6)(a) $450,000 of the motor vehicle account--state appropriation
is provided solely for a work plan to further develop the concept of a
road usage charge system. The work plan must include: Refinement of
initial policy analysis and development, a concept of operations that
incorporates refined policy inputs, and a financial analysis evaluating
the operational concept. The refinement of initial policy analysis and
development funded under this subsection must be supplemented by the
products of complementary policy refinement tasks delegated to the
department of transportation in section 214 of this act and the office
of the state treasurer in section 703 of this act. It is the intent of
the legislature that consideration for potential planning for a pilot
project and any risk analysis occur in the 2015 legislative session.
(b)(i) For the purposes of the refinement of initial policy
analysis and development, the work plan must consider phasing and
staging of how a road usage charge would be implemented as it relates
to the types of vehicles that would be subject to a road usage charge
and the nature and manner of a transition period.
(ii) For the purposes of this subsection (6)(b), the legislature
intends that the commission focus its analysis by assuming that the
exemptions under a road usage charge would be the same as those under
the motor vehicle fuel and special fuel taxes. In addition, the
commission must engage the road usage charge steering committee, which
was reauthorized in chapter 306, Laws of 2013 for fiscal year 2014 and
is hereby reauthorized in this act with the same membership, to
continue in its role and, at a minimum, to guide the work specified in
(a) of this subsection, including the following: Assessing and
recommending the type of vehicles that would be subject to the road
usage charge, and assessing and recommending the options for the timing
and duration of the transition period. The steering committee shall
report its findings and guidance to the commission by December 1, 2014.
(c)(i) For the purposes of the development of the concept of
operations, the development must incorporate the products of (b) of
this
subsection, and, to the extent practicable, the products of work
conducted by the department of transportation in section 214 of this
act and the office of the state treasurer in section 703 of this act.
(ii) To reduce system development and operational costs, for road
user charge options that rely on in-vehicle devices to record mileage,
the work plan must recommend how the state can utilize the technology
and back-office platforms that are scheduled to be provided by
commercial account managers under the Oregon road usage charge program.
(iii) In addition to a time permit and an odometer charge, the
concept of operations recommendation must be developed to include a
means for periodic payments based on mileage reporting utilizing
methods other than onboard diagnostic in-vehicle devices.
(d) The work plan and recommendations, along with a proposed work
plan and budget for the 2015-2017 fiscal biennium, must be submitted by
the commission to the transportation committees of the legislature by
January 15, 2015.
(7) Within existing resources, the commission shall undertake a
study of the urban and rural financial and equity implications of a
potential road usage charge system in Washington. The commission shall
work with the department of transportation and the department of
licensing to conduct this analysis. For any survey work that is
considered, the commission should utilize the existing voice of
Washington survey panel and budget to inform the study. The results
must be presented to the governor and the legislature by January 15,
2015.
(8) $125,000 of the motor vehicle account--state appropriation is
provided solely to update the statewide transportation plan required
under RCW 47.01.071(4) with the required federal elements to bring the
plan into federal compliance. The legislature intends that a single,
statewide transportation plan fulfill the requirements of RCW
47.01.071(4) and 47.06.040 and currently known federal planning
requirements. The commission shall work collaboratively with the
department of transportation to accomplish this intent. The commission
shall submit the completed plan to the transportation committees of the
legislature, and the department shall submit the completed plan to the
United States department of transportation as required under 23 U.S.C.
Sec. 135 by June 30, 2015. The commission shall provide a status
update on this work to the transportation committees of the legislature
by January 1, 2015.
*Sec. 205 was partially vetoed. See message at end of chapter.
*Sec. 206 2013 c 306 s 206 (uncodified) is amended to read as
follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($904,000))
$879,000
*Sec. 206 was vetoed. See message at end of chapter.
*Sec. 207 2013 c 306 s 207 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State
Appropriation . . . . . . . . . . . . (($370,354,000))
$366,805,000
State Patrol Highway Account -- Federal
Appropriation . . . . . . . . . . . . (($11,137,000))
$11,067,000
State Patrol Highway Account -- Private/Local
Appropriation . . . . . . . . . . . . (($3,591,000))
$3,572,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($19,429,000))
$19,265,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($273,000))
$272,000
Ignition Interlock Device Revolving Account--State
Appropriation . . . . . . . . . . . . (($573,000))
$569,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($405,357,000))
$401,550,000
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) $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.
(5) $370,000 of the state patrol highway account--state
appropriation is provided solely for costs associated with the pilot
program described under section 216(((6))) (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.
(6) The cost allocation for any costs incurred for the facilities
at the Olympia, Washington airport used for the Washington state patrol
aviation section must be split evenly between the state patrol highway
account and the general fund.
(7) The Washington state patrol shall work with the state
interoperability executive committee to compile a list of recent
studies evaluating the potential savings and benefits of consolidating
law enforcement and emergency dispatching centers and report to the
joint transportation committee by December 1, 2014, on the findings and
recommendations of those studies. As part of this study, the
Washington state patrol must look for potential efficiencies within
state government.
(8) The Washington state patrol shall coordinate and support local
law enforcement in Pierce county in providing traffic control on the
highways and other activities within current budget during the United
States open national golf championship in June 2015.
*Sec. 207 was partially vetoed. See message at end of chapter.
*Sec. 208 2013 c 306 s 208 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF LICENSING
Marine Fuel Tax Refund Account -- State
Appropriation . . . . . . . . . . . . $34,000
Motorcycle Safety Education Account -- State
Appropriation . . . . . . . . . . . . (($4,409,000))
$4,396,000
State Wildlife Account -- State Appropriation . . . . . . . . . . . . (($885,000))
$867,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($156,679,000))
$158,505,000
Highway Safety Account -- Federal Appropriation . . . . . . . . . . . . (($4,392,000))
$4,363,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($76,819,000))
$81,352,000
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))
$2,871,000
Department of Licensing Services Account -- State
Appropriation . . . . . . . . . . . . (($5,959,000))
$5,983,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($253,844,000))
$260,382,000
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.
(3) $5,286,000 of the highway safety account--state appropriation
is provided solely for business and technology modernization.
(4) $2,355,000 of the motor vehicle account--state appropriation is
provided solely for replacing prorate and fuel tax computer systems
used to administer interstate licensing and the collection of fuel tax
revenues.
(5) $1,491,000 of the highway safety account--state appropriation
is provided solely for the implementation of an updated central
issuance system.
(6) $201,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 5152), Laws of 2013 (Sounders FC and Seahawks license
plates). If chapter . . . (Substitute Senate Bill No. 5152), Laws of
2013 is not enacted by June 30, 2013, the amount provided in this
subsection lapses.
(((4))) (7) $425,000 of the highway safety account--state
appropriation is provided solely for the implementation of chapter
. . . (Substitute Senate Bill No. 5182), Laws of 2013 (vehicle owner
information). If chapter . . . (Substitute Senate Bill No. 5182), Laws
of 2013 is not enacted by June 30, 2013, the amount provided in this
subsection lapses.
(((5) $172,000 of the highway safety account--state appropriation
is provided solely for the implementation of chapter . . . (Senate Bill
No. 5775), Laws of 2013 (veterans/drivers' licenses). If chapter . . .
(Senate Bill No. 5775), Laws of 2013 is not enacted by June 30, 2013,
the amount provided in this subsection lapses.)) (8) $289,000 of the motor vehicle account--state
appropriation is provided solely for the implementation of chapter
. . . (Second Engrossed Substitute Senate Bill No. 5785), Laws of
((
(6) $652,0002013)) 2014 (license plates). If chapter . . . (Second Engrossed
Substitute Senate Bill No. 5785), Laws of ((2013)) 2014 is not enacted
by June 30, ((2013)) 2014, the amount provided in this subsection
lapses.
(((7) $78,000 of the motor vehicle account--state appropriation and
$3,707,000 of the highway safety account--state appropriation are
provided solely for the implementation of chapter . . . (Engrossed
Substitute Senate Bill No. 5857), Laws of 2013 (vehicle-related fees).
If chapter . . . (Engrossed Substitute Senate Bill No. 5857), Laws of
2013 is not enacted by June 30, 2013, the amount provided in this
subsection lapses.)) (9) The appropriation in this section reflects the department
charging an amount sufficient to cover the full cost of providing the
data requested under RCW 46.12.630(1)(b).
(8)
(((9))) (10)(a) The department must convene a work group to examine
the use of parking placards and special license plates for persons with
disabilities and develop a strategic plan for ending any abuse. In
developing this plan, the department must work with the department of
health, disabled citizen advocacy groups, and representatives from
local government.
(b) The work group must be composed of no more than two
representatives from each of the entities listed in (a) of this
subsection. The work group may, when appropriate, consult with any
other public or private entity in order to complete the strategic plan.
(c) The strategic plan must include:
(i) Oversight measures to ensure that parking placards and special
license plates for persons with disabilities are being properly issued,
including: (A) The entity responsible for coordinating a randomized
review of applications for special parking privileges; (B) a volunteer
panel of medical professionals to conduct such reviews; (C) a means to
protect the anonymity of both the medical professional conducting a
review and the medical professional under review; (D) a means to
protect the privacy of applicants by removing any personally
identifiable information; and (E) possible sanctions against a medical
professional for repeated improper issuances of parking placards or
special license plates for persons with disabilities, including those
sanctions listed in chapter 18.130 RCW; and
(ii) The creation of a publicly accessible system in which the
validity of parking placards and special license plates for persons
with disabilities may be verified. This system must not allow the
public to access any personally identifiable information or protected
health information of a person who has been issued a parking placard or
special license plate.
(d) The work group must convene by July 1, 2013, and terminate by
December 1, 2013.
(e) By December 1, 2013, the work group must deliver to the
legislature and the appropriate legislative committees the strategic
plan required under this subsection, together with its findings,
recommendations, and any necessary draft legislation in order to
implement the strategic plan.
(((10))) (11) $3,082,000 of the highway safety account--state
appropriation is provided solely for exam and licensing activities,
including the workload associated with providing driver record
abstracts, and is subject to the following additional conditions and
limitations:
(a) The department may furnish driving record abstracts only to
those persons or entities expressly authorized to receive the abstracts
under Title 46 RCW;
(b) The department may furnish driving record abstracts only for an
amount that does not exceed the specified fee amounts in RCW 46.52.130
(2)(e)(v) and (4); and
(c) The department may not enter into a contract, or otherwise
participate in any arrangement, with a third party or other state
agency for any service that results in an additional cost, in excess of
the fee amounts specified in RCW 46.52.130 (2)(e)(v) and (4), to
statutorily authorized persons or entities purchasing a driving record
abstract.
(12) $229,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Second Substitute House Bill No. 1129), Laws of 2014 (ferry vessel
replacement). If chapter . . . (Engrossed Second Substitute House Bill
No. 1129), Laws of 2014 is not enacted by June 30, 2014, the amount
provided in this subsection lapses.
(13) $96,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
Second Substitute House Bill No. 1902), Laws of 2014 (intermittent-use
trailer license plates). If chapter . . . (Engrossed Second Substitute
House Bill No. 1902), Laws of 2014 is not enacted by June 30, 2014, the
amount provided in this subsection lapses.
(14) $42,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (House Bill No.
2100), Laws of 2014 (Seattle University license plates). If chapter
. . . (House Bill No. 2100), Laws of 2014 is not enacted by June 30,
2014, the amount provided in this subsection lapses.
(15) $46,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (House Bill No.
2700), Laws of 2014 (breast cancer awareness license plates). If
chapter . . . (House Bill No. 2700), Laws of 2014 is not enacted by
June 30, 2014, the amount provided in this subsection lapses.
(16) $42,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Engrossed
House Bill No. 2752), Laws of 2014 (Washington state tree license
plates). If chapter . . . (Engrossed House Bill No. 2752), Laws of
2014 is not enacted by June 30, 2014, the amount provided in this
subsection lapses.
(17) $32,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (House Bill
No. 2741), Laws of 2014 (initial vehicle registration). If chapter
. . . (House Bill No. 2741), Laws of 2014 is not enacted by June 30,
2014, the amount provided in this subsection lapses.
(18) Within existing resources, the department must convene a work
group that includes, at a minimum, representatives from the department
of transportation, the trucking industry, manufacturers of compressed
natural gas and liquefied natural gas, and any other stakeholders as
deemed necessary, for the following purposes:
(a) To evaluate the annual license fee in lieu of fuel tax under
RCW 82.38.075 to determine a fee that more closely represents the
average consumption of vehicles by weight and to make recommendations
to the transportation committees of the legislature by December 1,
2014, on an updated fee schedule; and
(b) To develop a transition plan to move vehicles powered by
liquefied natural gas and compressed natural gas from the annual
license fee in lieu of fuel tax to the fuel tax under RCW 82.38.030.
The transition plan must incorporate stakeholder feedback and must
include draft legislation and cost and revenue estimates. The
transition plan must be submitted to the transportation committees of
the legislature by December 1, 2015.
(c) This subsection takes effect if both chapter . . . (Engrossed
Substitute Senate Bill No. 6440), Laws of 2014 (compressed natural gas
and liquefied natural gas) and chapter . . . (Substitute House Bill No.
2753), Laws of 2014 (compressed natural gas and liquefied natural gas)
are not enacted by June 30, 2014.
(19) $36,000 of the motor vehicle account--state appropriation is
provided solely for the implementation of chapter . . . (Substitute
Senate Bill No. 5467), Laws of 2014 (vehicle owner list furnishment
requirements). If chapter . . . (Substitute Senate Bill No. 5467),
Laws of 2014 is not enacted by June 30, 2014, the amount provided in
this subsection lapses.
(20) The department must convene a work group to study the issue of
regulating tow truck operators that are not licensed as registered tow
truck operators under chapter 46.55 RCW. The work group must examine
the advisability of regulating such operators, including any potential
benefits to public safety, and possible methodologies for accomplishing
this regulation. The work group must include the department,
representatives of the Washington state patrol, organized groups of
registered tow truck operators, and automobile clubs. The work group
may also include hulk haulers, wreckers, transporters, and other
stakeholders relating to the issue of unregulated towing for monetary
compensation. The work group shall convene as necessary and report its
recommendations and draft legislation to the transportation committees
of the legislature by December 1, 2014.
(21) The department when modernizing its computer systems must
place personal and company data elements in separate data fields to
allow the department to select discrete data elements when providing
information or data to persons or entities outside the department.
This
requirement must be included as part of the systems design in the
department's business and technology modernization. A person's photo,
social security number, or medical information must not be made
available through public disclosure or data being provided under RCW
46.12.630 or 46.12.635.
*Sec. 208 was partially vetoed. See message at end of chapter.
Sec. 209 2013 c 306 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 . . . . . . . . . . . . (($1,851,000))
$1,942,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($509,000))
$514,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . (($32,419,000))
$34,267,000
State Route Number 520 Civil Penalties Account -- State
Appropriation . . . . . . . . . . . . (($4,169,000))
$4,156,000
Tacoma Narrows Toll Bridge Account -- State
Appropriation . . . . . . . . . . . . (($23,730,000))
$25,007,000
Puget Sound Ferry Operations Account--State
Appropriation . . . . . . . . . . . . $250,000
Interstate 405 Express Toll Lanes Operations
Account--State Appropriation . . . . . . . . . . . . $2,019,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($62,928,000))
$68,155,000
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) (($10,482,000)) $10,343,000 of the Tacoma Narrows toll bridge
account--state appropriation, (($17,056,000)) $16,534,000 of the state
route number 520 corridor account--state appropriation, (($1,226,000))
$1,217,000 of the high-occupancy toll lanes operations account--state
appropriation, and (($509,000)) $514,000 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) (($10,907,000)) $11,265,000 of the Tacoma Narrows toll bridge
account--state appropriation, (($9,363,000)) $9,730,000 of the state
route number 520 corridor account--state appropriation, and $625,000 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)) $4,156,000 of the state route number 520 civil
penalties account -- state appropriation and $1,039,000 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 Tacoma Narrows toll bridge account--state appropriation in
this section reflects reductions in management costs of $1,235,000.
(7) 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.
(8) The department shall make detailed quarterly reports to the
governor and the transportation committees of the legislature on the
use of consultants in the tolling program. The reports must include
the name of the contractor, the scope of work, the type of contract,
timelines, deliverables, any new task orders, and any extensions to
existing consulting contracts.
(9)(a) $250,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the development of a plan to
integrate and transition customer service, reservation, and payment
systems currently provided by the marine division to ferry users into
the statewide tolling customer service center.
(b)(i) The department shall develop a plan that addresses:
(A) A phased implementation approach, beginning with "Good To Go"
as a payment option for ferry users;
(B) The feasibility, schedule, and cost of creating a single
account-based system for toll road and ferry users;
(C) Transitioning customer service currently provided by the marine
division to the statewide tolling customer service center; and
(D) Transitioning existing and planned ferry reservation system
support from the marine division to the statewide tolling customer
service center.
(ii) The plan must be provided to the office of financial
management and the transportation committees of the legislature by
January 14, 2014.
(10)(a) $2,019,000 of the Interstate 405 express toll lanes
operations account--state appropriation is provided solely for
operating and maintenance costs of the Interstate 405 express toll
lanes program, including staff costs related to operating an additional
toll facility, consulting support for operations, purchase of
transponders, costs related to adjudication, credit card fees, printing
and postage, and customer service center support. Of the amount
provided in this subsection, $519,000 of the Interstate 405 express
toll lanes operations account--state appropriation must be placed in
unallotted status by the office of financial management until a plan to
begin tolling the Interstate 405 express toll lanes during the summer
of 2015 is finalized and approved by the office of financial
management, in consultation with the chairs and ranking member of the
transportation committees of the legislature.
(b) The funds provided in (a) of this subsection are provided
through a transfer from the motor vehicle account--state appropriation
in section 407(19) of this act. These funds are a loan to the
Interstate 405 express toll lanes operations account--state
appropriation, and the legislature assumes that these funds will be
reimbursed to the motor vehicle account at a later date when the
Interstate 405 express toll lanes are operational.
(11) $1,060,000 of the Tacoma narrows toll bridge account--state
appropriation, $2,003,000 of the state route number 520 corridor
account--state appropriation, and $99,000 of the high occupancy toll
lanes operations account--state appropriation are provided solely in
anticipation of, and to prepare for, the procurement of a new tolling
customer service center. Of the amounts provided in this subsection,
$480,000 of the Tacoma narrows toll bridge account--state
appropriation, $906,000 of the state route number 520 corridor
account--state appropriation, and $45,000 of the high occupancy toll
lanes operations account--state appropriation must be placed in
unallotted status by the office of financial management until a
procurement plan is finalized and approved by the office of financial
management, in consultation with the chairs and ranking member of the
transportation committees of the legislature. Beginning July 1, 2014,
the department shall report quarterly to the governor, legislature, and
state auditor on: (a) The department's effort to mitigate risk to the
state, (b) the development of a request for proposals, and (c) the
overall progress towards procuring a new tolling customer service
center.
Sec. 210 2013 c 306 s 210 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- INFORMATION TECHNOLOGY -- PROGRAM
C
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . $1,460,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($68,773,000))
$65,936,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($363,000))
$2,883,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . $1,460,000
Puget Sound Ferry Operations Account--State
Appropriation . . . . . . . . . . . . $263,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($72,056,000))
$72,002,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $290,000 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.
Sec. 211 2013 c 306 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 . . . . . . . . . . . . (($26,251,000))
$26,114,000
The appropriation in this section is subject to the following
conditions and limitations: $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. 212 2013 c 306 s 212 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- AVIATION -- PROGRAM F
Aeronautics Account -- State Appropriation . . . . . . . . . . . . (($7,361,000))
$7,909,000
Aeronautics Account -- Federal Appropriation . . . . . . . . . . . . $2,150,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($9,511,000))
$10,059,000
The appropriations in this section are subject to the following
conditions and limitations: (($3,500,000)) $4,065,000 of the
aeronautics account--state appropriation is provided solely for airport
investment studies and the airport aid grant program, which provides
competitive grants to public airports for pavement, safety,
maintenance, planning, and security.
*Sec. 213 2013 c 306 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 . . . . . . . . . . . . (($47,607,000))
$48,687,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $500,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($48,357,000))
$49,437,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) $4,423,000 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 real estate services division of the department must
recover the cost of its efforts from sale proceeds and fund additional
future sales from those 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, 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 shall work with the department of fish and wildlife and
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 is not responsible for any costs
associated with the cleanup or transfer of this property. This
subsection expires June 30, 2014.
(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. This
subsection expires June 30, 2014.
(5) The legislature recognizes that the SR 20/Cook Road realignment
and extension project in the city of Sedro-Woolley will enhance the
state and local highway systems by providing a more direct route from
state route number 20 and state route number 9 to Interstate 5, and
will reduce traffic on state route number 20 and state route number 9,
improving the capacity of each route. Furthermore, the legislature
declares that certain portions of the department's property held for
highway purposes located primarily to the north and west of state route
number 20, between state route number 20 to the south and F and S Grade
Road to the north, in the incorporated limits of Sedro-Woolley in
Skagit county, can help facilitate completion of the project.
Therefore, consistent with RCW 47.12.063, 47.12.080, and 47.12.120, it
is the intent of the legislature that the department sell, transfer, or
lease, as appropriate, to the city of Sedro-Woolley only those portions
of the property necessary to construct the project, including necessary
staging areas. However, any staging areas should revert to the
department within three years of completion of the project.
(6) Within the amounts provided in this section, the department
shall create a quality assurance position. This position must provide
independent project quality assurance validation and ensure that
quality assurance audit functions are accountable at the highest level
of the organization.
(7) To maximize available resources, the department's efforts to
eliminate fish passage barriers caused by state roads and highways must
be based on the principle of maximizing habitat recovery through a
coordinated investment strategy that, to the maximum extent practical
and allowable, prioritizes opportunities: To correct multiple fish
barriers in whole streams rather than through individual, isolated
projects; to coordinate with other entities sponsoring barrier
removals, such as regional fisheries enhancement groups, in a manner
that achieves the greatest cost savings to all parties; and to
eliminate barriers located furthest downstream in a stream system. The
department must also recognize that many of the barriers owned by the
state are located in the same stream systems as barriers that are owned
by cities and counties with limited financial resources for correction
and that state/local partnership opportunities should be sought to
address these barriers. This subsection takes effect if chapter . . .
(Second Substitute House Bill No. 2251), Laws of 2014 is not enacted by
June 30, 2014.
(8) $1,453,000 of the motor vehicle account--state appropriation is
provided solely to support increased departmental efforts to dispose of
surplus property as directed in subsection (2) of this section. These
additional funds are expected to result in up to $5,000,000 per fiscal
biennium in additional revenues through increasing the sale of surplus
property. By December 1, 2014, the department shall report to the
governor and the chairs and ranking members of the senate and house of
representatives transportation committees on the number of surplus
property parcels sold and the amount of revenue generated from those
sales during 2014.
*Sec. 213 was partially vetoed. See message at end of chapter.
Sec. 214 2013 c 306 s 214 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- ECONOMIC PARTNERSHIPS -- PROGRAM
K
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($570,000))
$589,000
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.
(3) The department, in collaboration with the transportation
commission, shall work with the office of the state treasurer and the
state's bond counsel to explore legal approaches for ensuring that any
reduction, refunding, crediting, or repeal of the motor vehicle fuel
tax, in whole or in part, can be accomplished without unlawfully
impairing the legal rights of motor vehicle fuel tax bond holders. The
results of this work must be shared with the transportation committees
of the legislature and the office of financial management by September
1, 2014.
(4) $21,000 of the motor vehicle account--state appropriation is
provided solely as matching funds for the department to partner with
other transportation agencies located in the western region of North
America to develop strategies and methods for reporting, collecting,
crediting, and remitting road usage charges resulting from inter-jurisdictional travel. At least one partnering jurisdiction must share
a common border with Washington. The results of this work must be
reported to the governor, the transportation commission, and the
transportation committees of the legislature by September 1, 2014.
Sec. 215 2013 c 306 s 215 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- HIGHWAY MAINTENANCE -- PROGRAM M
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($390,040,000))
$391,358,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $7,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($407,040,000))
$408,358,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($377,779,000 of the motor vehicle account--state
appropriation and $10,000,000 of the highway safety account--state
appropriation are provided solely for the maintenance program to
achieve specific levels of service on the thirty maintenance targets
listed by statewide priority in LEAP Transportation Document 2013-4 as
developed April 23, 2013. Beginning in February 2014, the department
shall report to the legislature annually on its updated maintenance
accountability process targets and whether or not the department was
able to achieve its targets.)) $10,910,000 of the motor vehicle account--state
appropriation is provided solely for the department's compliance with
its national pollution discharge elimination system permit.
(2) $8,450,000
(((3) $1,305,000)) (2) $2,605,000 of the motor vehicle account--state appropriation is provided solely for utility fees assessed by
local governments as authorized under RCW 90.03.525 for the mitigation
of storm water runoff from state highways.
(((4))) (3) The department shall submit a budget decision for the
2014 legislative session package that details all costs associated with
utility fees assessed by local governments as authorized under RCW
90.03.525.
(((5))) (4) $50,000 of the motor vehicle account--state
appropriation is provided solely for clearing and pruning dangerous
trees along state route number 542 between mile markers 43 and 48 to
prevent safety hazards and delays.
(((6))) (5) $2,277,000 of the motor vehicle account--state
appropriation is provided solely to replace or rehabilitate critical
equipment needed to perform snow and ice removal activities and roadway
maintenance. These funds may not be used to purchase passenger cars as
defined in RCW 46.04.382.
Sec. 216 2013 c 306 s 216 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($50,504,000))
$50,055,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,050,000
Motor Vehicle Account -- Private/Local Appropriation . . . . . . . . . . . . $250,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($52,804,000))
$52,355,000
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) $9,000,000 of the motor vehicle account--state appropriation is
provided solely for the department's incident response program.
(3) 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.
(4) The department shall work with the cities of Lynnwood and
Edmonds to provide traffic light synchronization on state route number
524.
(((6))) (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 (((6))) (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.
(((7))) (6) $102,000 of the motor vehicle account--state
appropriation is provided solely to replace or rehabilitate critical
equipment needed to perform traffic control. These funds may not be
used to purchase passenger cars as defined in RCW 46.04.382.
Sec. 217 2013 c 306 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 . . . . . . . . . . . . (($27,281,000))
$27,079,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($30,000))
$280,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($973,000))
$1,131,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($28,284,000))
$28,490,000
The appropriations in this section are subject to the following
conditions and limitations: $200,000 of the motor vehicle account--state appropriation is provided solely for enhanced disadvantaged
business enterprise outreach to increase the pool of disadvantaged
businesses available for department contracts. The department must
submit a status report on disadvantaged business enterprise outreach to
the transportation committees of the legislature by November 15, 2014.
Sec. 218 2013 c 306 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 . . . . . . . . . . . . (($20,109,000))
$19,818,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($24,885,000))
$26,085,000
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 . . . . . . . . . . . . (($48,565,000))
$49,474,000
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.
Sec. 219 2013 c 306 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 . . . . . . . . . . . . (($81,628,000))
$74,198,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $400,000
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . (($40,000))
$3,068,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($82,068,000))
$77,666,000
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.
Sec. 220 2013 c 306 s 220 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PUBLIC TRANSPORTATION -- PROGRAM
V
State Vehicle Parking Account -- State Appropriation . . . . . . . . . . . . (($452,000))
$754,000
Regional Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . (($49,948,000))
$51,111,000
Rural Mobility Grant Program Account -- State
Appropriation . . . . . . . . . . . . $17,000,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($39,057,000))
$39,325,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . $3,280,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . $160,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($109,737,000))
$111,630,000
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. Of this amount:
(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, to the greatest extent practicable,
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) $17,000,000 of the rural mobility grant program account--state
appropriation is provided solely for grants to aid small cities in
rural areas as prescribed in RCW 47.66.100.
(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)) or traveling through the Joint
Base Lewis-McChord I-5 corridor between mile post 116 and 127.
(4) (($9,948,000)) $11,111,000 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 ((2013-2)) 2014-2 ALL PROJECTS - Public
Transportation - Program (V) as developed ((April 23, 2013)) March 10,
2014.
(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 ((2013-2)) 2014-2
ALL PROJECTS - Public Transportation - Program (V) as developed ((April
23, 2013)) March 10, 2014. 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. A
grantee may not receive more than twenty-five percent of the amount
appropriated in this subsection. The department shall not approve any
increases or changes to the scope of a project for the purpose of a
grantee expending remaining funds on an awarded grant.
(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)) $6,424,000 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)) $754,000 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 section is exempt from the requirements in RCW 70.94.527.
(9) $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.
(10) $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. When studying potential park and
ride locations pursuant to this subsection, King county metro must take
into consideration the effect of the traffic using the weigh station at
the Interstate 90 and state route number 18 interchange at exit 25 and,
to the maximum extent practicable, choose a park and ride location that
minimizes traffic impacts for the Interstate 90 and state route number
18 interchange and the weigh station.
Sec. 221 2013 c 306 s 221
(uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- MARINE -- PROGRAM X
Puget Sound Ferry Operations Account -- State
Appropriation . . . . . . . . . . . . (($485,076,000))
$483,404,000
Puget Sound Ferry Operations Account -- Private/Local
Appropriation . . . . . . . . . . . . $121,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($485,197,000))
$483,525,000
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) (($112,342,000)) $113,157,000 of the Puget Sound ferry
operations account--state appropriation is provided solely for auto
ferry vessel operating fuel in the 2013-2015 fiscal biennium, which
reflect cost savings from a reduced biodiesel fuel requirement and,
therefore, are contingent upon the enactment of section 701 ((of this
act)), chapter 306, Laws of 2013. The amount provided in this
subsection represent the fuel budget for the purposes of calculating
any ferry fare fuel surcharge. The department shall develop a fuel
reduction plan to be submitted as part of its 2014 supplemental budget
proposal. The plan must include fuel saving proposals, such as vessel
modifications, vessel speed reductions, and changes to operating
procedures, along with anticipated fuel saving estimates.
(5) $100,000 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.
(6) When purchasing uniforms that are required by collective
bargaining agreements, the department shall contract with the lowest
cost provider.
(7) $3,049,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the operating program share of the
$7,259,000 in lease payments for the ferry division's headquarters
building. Consistent with the 2012 facilities oversight plan, the
department shall strive to consolidate office space in downtown Seattle
by the end of 2015. The department shall consider renewing the lease
for the ferry division's current headquarters building only if the
lease rate is reduced at least fifty percent and analysis shows that
this is the least cost and risk option for the department.
Consolidation with other divisions or state agencies, or a reduction in
leased space, must also be considered as part of any headquarters lease
renewal analysis.
(8) $5,000,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for the purchase of a 2013-2015 marine
insurance policy. Within this amount, the department is expected to
purchase a policy with the lowest deductible possible, while
maintaining at least existing coverage levels for ferry vessels, and
providing coverage for all terminals.
(9) Within existing resources, the department must evaluate the
feasibility of using re-refined used motor oil processed in Washington
state as a ferry fuel source. The evaluation must include, but is not
limited to, research on existing entities currently using the process
for re-refined fuel, any required combustible engine modifications,
additional needed equipment on the vessels or fueling locations, cost
analysis, compatibility with B-5 blended diesel, and meeting engine
performance specifications. The department must establish an
evaluation group that includes, but is not limited to, persons
experienced in the re-refined motor oil industry. The department must
deliver a report containing the results of the evaluation to the
transportation committees of the legislature and the office of
financial management by December 1, 2014.
(10) $71,000 of the Puget Sound ferry operations account--state
appropriation is provided solely for one traffic attendant for ferry
terminal traffic control at the Fauntleroy ferry terminal.
Sec. 222 2013 c 306 s 222 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- OPERATING
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($32,924,000))
$46,026,000
The appropriations in this section are subject to the following
conditions and limitations:
(1) (($27,319,000)) $40,289,000 of the multimodal transportation
account--state appropriation is provided solely for ((the Amtrak
service contract and Talgo maintenance contract associated with
providing)) operating and maintaining state-supported passenger rail
service. In recognition of the increased costs the state is expected
to absorb due to changes in federal law, the department is directed to
analyze the Amtrak contract proposal and find cost saving alternatives.
The department shall report to the transportation committees of the
legislature before the 2014 regular legislative session on its
revisions to the Amtrak contract, including a review of the appropriate
costs within the contract for concession services, policing, host
railroad incentives, and station services and staffing needs. Within
thirty days of each annual cost/revenue reconciliation under the Amtrak
service contract, the department shall report any changes that would
affect the state subsidy amount appropriated in this subsection.
Through a competitive process, the department may contract with a
private entity for services related to operations and maintenance of
the Amtrak Cascades route, including, but not limited to, concession
services.
(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, and evaluate seasonal differences in the program
and the effect of advertising. 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.
(4) $150,000 of the multimodal transportation account--state
appropriation is provided solely for the department to develop an
inventory of short line rail infrastructure that can be used to support
a data-driven approach to identifying system needs. The department
shall work with short line rail owners and operators within the state,
provide status updates periodically to the joint transportation
committee, submit a progress report of its findings to the
transportation committees of the legislature and the office of
financial management by December 15, 2014, submit a preliminary report
of key findings and recommendations to the transportation committees of
the legislature and the office of financial management by March 1,
2015, and submit a final report to the transportation committees of the
legislature and the office of financial management by June 30, 2015.
Sec. 223 2013 c 306 s 223 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- OPERATING
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,737,000))
$8,672,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . $2,567,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,304,000))
$11,239,000
Sec. 301 2013 c 306 s 301 (uncodified) is amended to read as
follows:
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
Freight Mobility Investment Account--State
Appropriation . . . . . . . . . . . . (($11,794,000))
$11,930,000
Freight Mobility Multimodal Account--State
Appropriation . . . . . . . . . . . . (($9,736,000))
$9,826,000
Freight Mobility Multimodal Account--Private/Local
Appropriation . . . . . . . . . . . . $1,320,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . (($2,450,000))
$2,606,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $84,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . (($3,250,000))
$5,750,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($28,634,000))
$31,516,000
((The appropriations in this section are subject to the following
conditions and limitations: Except as provided otherwise in this
section, the total appropriation in this section is provided solely for
the implementation of chapter . . . (Substitute House Bill No. 1256),
Laws of 2013 (addressing project selection by the freight mobility
strategic investment board). If chapter . . . (Substitute House Bill
No. 1256), Laws of 2013 is not enacted by June 30, 2013, the amounts
provided in this section lapse.))
Sec. 302 2013 c 306 s 302 (uncodified) is amended to read as
follows:
FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account -- State Appropriation . . . . . . . . . . . . (($1,926,000))
$2,661,000
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 Ridgefield
Port of Entry, Dryden, South Pasco, Deer Park, and Kelso required to
meet current certification requirements.
(4) (($850,000)) $1,200,000 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.
(5) The Washington state patrol, in cooperation with the Washington
state department of transportation, must study the federal funding
options available for weigh station construction and improvements on
the national highway system. A study report must be provided by July
1, 2014, to the office of financial management and the transportation
committees of the legislature with recommendations on utilizing federal
funds for weigh station projects.
Sec. 303 2013 c 306 s 303 (uncodified) is amended to read as
follows:
FOR THE COUNTY ROAD ADMINISTRATION BOARD
Rural Arterial Trust Account -- State
Appropriation . . . . . . . . . . . . (($35,894,000))
$57,394,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $706,000
County Arterial Preservation Account -- State
Appropriation . . . . . . . . . . . . (($30,000,000))
$32,000,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($76,600,000))
$100,100,000
Sec. 304 2013 c 306 s 304 (uncodified) is amended to read as
follows:
FOR THE TRANSPORTATION IMPROVEMENT BOARD
Small City Pavement and Sidewalk Account -- State
Appropriation . . . . . . . . . . . . (($3,500,000))
$5,250,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . $10,000,000
Transportation Improvement Account -- State
Appropriation . . . . . . . . . . . . (($174,225,000))
$231,851,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($187,725,000))
$247,101,000
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.
Sec. 305 2013 c 306 s 305 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- FACILITIES -- PROGRAM D -- (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS) -- CAPITAL
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($13,425,000))
$14,390,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($8,106,000))
$9,469,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($21,531,000))
$23,859,000
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 department 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 must 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)) September 1, 2014.
The Washington department of transportation is not responsible for
any costs associated with the cleanup or transfer of the Marginal Way
site.
(2) (($13,425,000)) $14,390,000 of the transportation partnership
account--state appropriation is provided solely for the construction of
a new traffic management and emergency operations center on property
owned by the department on Dayton Avenue in Shoreline (project
100010T). Consistent with the office of financial management's 2012
study, it is the intent of the legislature to appropriate no more than
$15,000,000 for the total construction costs. 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 and emergency operations center,
including a schedule for terminating the current lease of the Goldsmith
building in Seattle.
*Sec. 306 2013 c 306 s 306 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- IMPROVEMENTS -- PROGRAM I
Multimodal Transportation Account--State
Appropriation . . . . . . . . . . . . $1,000,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($1,536,032,000))
$1,313,555,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($61,508,000))
$69,478,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . (($473,359,000))
$516,181,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . (($208,452,000))
$166,357,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($242,253,000))
$325,778,000
State Route Number 520 Corridor Account--State
Appropriation . . . . . . . . . . . . (($737,205,000))
$880,111,000
State Route Number 520 Corridor Account--Federal
Appropriation . . . . . . . . . . . . $300,000,000
Special Category C Account--State Appropriation . . . . . . . . . . . . $124,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($3,559,933,000))
$3,572,584,000
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)) 2014-1 as developed
((April 23, 2013)) March 10, 2014, 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)) 601 of
this act.
(2) Except as provided otherwise in this section, the entire motor
vehicle account--state appropriation and motor vehicle account--federal
appropriation are provided solely for the projects and activities
listed in LEAP Transportation Document ((2013-2)) 2014-2 ALL PROJECTS
as developed ((April 23, 2013)) March 10, 2014, Program - Highway
Improvement Program (I). ((It is the intent of the legislature to
direct))The department ((to give first priority of)) shall apply any
federal funds gained through efficiencies or the redistribution process
in an amount up to $27,200,000 for cost overruns related to the pontoon
design errors on the SR 520 Bridge Replacement and HOV project
(8BI1003) as described in subsection (12)(f) of this section. Any
federal funds gained through efficiencies or the redistribution process
that are in excess of $27,200,000 must then be applied to the
"Contingency (Unfunded) Highway Preservation Projects" as identified in
LEAP Transportation Document ((2013-2)) 2014-2 ALL PROJECTS as
developed ((April 23, 2013)) March 10, 2014, Program - Highway
Preservation Program (P). However, no additional federal funds may be
allocated to the I- 5/Columbia River Crossing project (400506A).
(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 transportation 2003 account (nickel account) -- state
appropriation includes up to (($217,604,000)) $246,710,000 in proceeds
from the sale of bonds authorized by RCW 47.10.861.
(5) The transportation partnership account -- state appropriation
includes up to (($1,156,217,000)) $811,595,000 in proceeds from the
sale of bonds authorized in RCW 47.10.873.
(6) The motor vehicle account -- state appropriation includes up to
$30,000,000 in proceeds from the sale of bonds authorized in RCW
47.10.843.
(((8))) (7)(a) (($5,000,000)) $6,174,000 of the motor vehicle
account -- federal appropriation and (($200,000)) $269,000 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 prepare a detailed environmental impact statement
that complies with the national environmental policy act regarding
tolling Interstate 90 between Interstate 5 and Interstate 405 for the
purposes of both managing traffic and providing funding for the
construction of the unfunded state route number 520 from Interstate 5
to Medina project. As part of the preparation of the statement, the
department must review any impacts to the network of highways and roads
surrounding Lake Washington. In developing this statement, the
department must provide significant outreach to potential 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 (((8))) (7), the
department shall perform a study of all funding alternatives to tolling
Interstate 90 to provide funding for construction of the unfunded state
route number 520 and explore and evaluate options to mitigate the
effect of tolling on affected residents and all other users of the
network of highways and roads surrounding Lake Washington including,
but not limited to:
(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 subsection (((8))) (7).
(iii) For the purposes of this subsection (((8))) (7), "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.
(((9) $541,901,000)) (8) $490,796,000 of the transportation
partnership account--state appropriation, (($144,954,000)) $156,979,000
of the motor vehicle account--federal appropriation, (($129,779,000))
$132,191,000 of the motor vehicle account--private/local appropriation,
and (($78,004,000)) $123,305,000 of the transportation 2003 account
(nickel account)--state appropriation are provided solely for the SR
99/Alaskan Way Viaduct - Replacement project (809936Z). Amounts
appropriated in this subsection may not be spent for the purpose of
public transportation mitigation, except pursuant to an agreement or
agreements between the department and King county as that agreement or
agreements existed on January 1, 2013.
(((10))) (9) 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. This
subsection takes effect if chapter ... (Substitute House Bill No.
1957), Laws of 2013 is not enacted by June 30, 2013.
(((11) $7,408,000)) (10) $7,103,000 of the transportation
partnership account--state appropriation, (($14,594,000)) $22,774,000
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)) $51,712,000 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.
(((12) $114,369,000)) (11) $129,952,000 of the transportation
partnership account -- state appropriation and (($53,755,000))
$58,583,000 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.
(((13))) (12)(a) The SR 520 Bridge Replacement and HOV project
(((0BI1003))) (8BI1003) is supported over time from multiple sources,
including a $300,000,000 TIFIA loan, (($819,524,625)) $923,000,000 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 (($668,142,000)) $814,784,000 in proceeds
from the sale of bonds authorized in RCW 47.10.879 and 47.10.886.
(c) The state route number 520 corridor account--federal
appropriation includes up to $300,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.879 and 47.10.886.
(d) (($153,124,000)) $165,175,000 of the transportation partnership
account--state appropriation, $300,000,000 of the state route number
520 corridor account--federal appropriation, and (($737,205,000))
$880,111,000 of the state route number 520 corridor account--state
appropriation are provided solely for the SR 520 Bridge Replacement and
HOV project (((0BI1003))) (8BI1003). Of the amounts appropriated in
this subsection (((13))) (12)(d), (($105,085,000)) $84,001,000 of the
state route number 520 corridor account--federal appropriation and
(($227,415,000)) $354,411,000 of the state route number 520 corridor
account--state appropriation must be put into unallotted status and are
subject to review by the office of financial management. The director
of the office of financial management shall consult with the joint
transportation committee prior to making a decision to allot these
funds.
(e) When developing the financial plan for the project, 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.
(f) The legislature finds that the most appropriate way to pay for
the cost overruns related to change orders, additional sales tax, and
future risks associated with pontoon design errors is for the state to
issue triple pledge bonds in the 2015-2017 fiscal biennium resulting in
$110,961,000 in proceeds, and use efficiencies, including the use of
least cost planning or practical design, and favorable bids in the
highway construction program to generate an additional $61,066,000
towards paying for the estimated project overruns. Of this additional
$61,066,000, $33,866,000 should come from the transportation
partnership account--state appropriation and $27,200,000 should come
from federal funds. As the department identifies savings in federal
funds during the 2013-2015 fiscal biennium, the department shall
prioritize the use of these funds towards the anticipated $27,200,000
in federal funds needed to address cost overruns before expending state
funds during this fiscal biennium. The legislature assumes that
issuing bonds to complete this project as listed in LEAP Transportation
Document 2014-1 as developed March 10, 2014, does not require a
comprehensive financial plan for a project that completes the state
route number 520 corridor to Interstate 5.
(g) The department's 2014 supplemental budget allotment submittal
must include a project-specific plan detailing how the department will
achieve the mandatory budget savings in (f) of this subsection,
including the use of least cost planning or practical design as a means
to generate savings, as referenced in subsection (23) of this section.
The use of least cost planning or practical design may result in a
reduction of project cost, but not a reduction of functional scope.
The director of financial management shall notify the transportation
committees of the legislature in writing seven days prior to approving
any allotment modifications under this subsection.
(13) Within the amounts provided in this section, the department
must continue to work with the Seattle department of transportation in
their joint planning, design, outreach, and operation of the remaining
west side elements including, but not limited to, the Montlake lid, the
bicycle/pedestrian path, the effective network of transit connections,
and the Portage Bay bridge of the SR 520 Bridge Replacement and HOV
project.
(14) (($1,100,000)) $1,062,000 of the motor vehicle account--federal appropriation is provided solely for the 31st Ave SW Overpass
Widening and Improvement project (L1100048).
(15) (($22,602,000)) $25,243,000 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)) 2014-3
as developed ((April 23, 2013)) March 10, 2014. 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.
(16) 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.
(17) 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.
(18) 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.
(19) For urban corridors that are all or partially within a
metropolitan planning organization boundary, for which the department
has not initiated environmental review, and that require an
environmental impact statement, at least one alternative must be
consistent with the goals set out in RCW 47.01.440.
(20) The department shall itemize all future requests for the
construction of buildings on a project list and submit them through the
transportation executive information system as part of the department's
2014 budget submittal. It is the intent of the legislature that new
facility construction must be transparent and not appropriated within
larger highway construction projects.
(21) (($28,963,000)) $19,513,000 of the motor vehicle account--state appropriation ((is)) and $9,450,000 of the motor vehicle
account--federal appropriation are provided solely for improvement
program support activities (095901X). $18,000,000 of this amount must
be held in unallotted status until the office of financial management
certifies that the department's 2014 supplemental budget request
conforms to the terms of subsection (20) of this section.
(((23))) (22) Any new advisory group that the department convenes
during the 2013-2015 fiscal biennium must be representative of the
interests of the entire state of Washington.
(23) Practical design offers targeted benefits to a state
transportation system within available fiscal resources. This delivers
value not just for individual projects, but for the entire system.
Applying practical design standards will also preserve and enhance
safety and mobility. The department shall implement a practical design
strategy for transportation design standards. By June 30, 2015, the
department shall report to the governor and the house of
representatives and senate transportation committees on where practical
design has been applied or is intended to be applied in the department
and the cost savings resulting from the use of practical design.
(24) The department of transportation shall accept transfer to the
state highway system of Quarry Road (also known as the Granite Falls
Alternate Route) as a partially controlled limited access facility,
consistent with the right-of-way and limited access plan adopted by
Snohomish county and the city of Granite Falls in 2008. The department
of transportation shall defend any and all claims related to access and
challenges to the limited access designation. This subsection takes
effect ninety days after the date the governor signs this act if an
agreement between the department of transportation and Snohomish county
has not been signed by the effective date of this act.
*Sec. 306 was partially vetoed. See message at end of chapter.
Sec. 307 2013 c 306 s 307 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- PRESERVATION -- PROGRAM P
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . (($36,480,000))
$34,966,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . (($10,000,000))
$13,500,000
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . (($58,503,000))
$59,796,000
Motor Vehicle Account--Federal Appropriation . . . . . . . . . . . . (($580,062,000))
$595,604,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . (($11,270,000))
$11,827,000
Transportation 2003 Account (Nickel Account)--State
Appropriation . . . . . . . . . . . . (($2,285,000))
$2,650,000
Tacoma Narrows Toll Bridge Account--State Appropriation . . . . . . . . . . . . $120,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($698,600,000))
$718,463,000
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)) 2014-1 as developed
((April 23, 2013)) March 10, 2014, 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)) 601 of
this act.
(2) Except as provided otherwise in this section, the entire motor
vehicle account--state appropriation and motor vehicle account--federal
appropriation are provided solely for the projects and activities
listed in LEAP Transportation Document ((2013-2)) 2014-2 ALL PROJECTS
as developed ((April 23, 2013)) March 10, 2014, Program - Highway
Preservation Program (P). ((It is the intent of the legislature to
direct)) The department ((to give first priority of)) shall apply any
federal funds gained through efficiencies or the redistribution process
in an amount up to $27,200,000 for cost overruns related to the pontoon
design errors on the SR 520 Bridge Replacement and HOV project
(8BI1003) as described in section 306(12)(f) of this act. Any federal
funds gained through efficiencies or the redistribution process that
are in excess of $27,200,000 must then be applied to the "Contingency
(Unfunded) Highway Preservation Projects" as identified in LEAP
Transportation Document ((2013-2)) 2014-2 ALL PROJECTS as developed
((April 23, 2013)) March 10, 2014, Program - Highway Preservation
Program (P). However, no additional federal funds may be allocated to
the I-5/Columbia River Crossing project (400506A).
(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) (($27,278,000)) $26,610,000 of the motor vehicle account -- federal appropriation, $51,000 ((and $1,141,000)) of the motor vehicle
account -- state appropriation, and $769,000 of the highway safety
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.
(5) 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.
Sec. 308 2013 c 306 s 308 (uncodified) is amended
to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- TRAFFIC OPERATIONS -- PROGRAM Q--CAPITAL
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($3,194,000))
$4,915,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($7,959,000))
$9,152,000
Motor Vehicle Account--Private/Local Appropriation . . . . . . . . . . . . $200,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($11,153,000))
$14,267,000
The appropriations in this section are subject to the following
conditions and limitations: (($694,000)) $195,000 of the motor vehicle
account -- state appropriation is provided solely for project 000005Q as
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. 309 2013 c 306 s 309 (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 . . . . . . . . . . . . (($53,036,000))
$63,825,000
Puget Sound Capital Construction Account -- Federal
Appropriation . . . . . . . . . . . . (($91,692,000))
$118,444,000
Puget Sound Capital Construction Account -- Private/Local
Appropriation . . . . . . . . . . . . (($1,145,000))
$1,312,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($1,534,000))
$2,588,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($143,941,000))
$190,031,000
Transportation Partnership Account--State
Appropriation . . . . . . . . . . . . $2,813,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($291,348,000))
$379,013,000
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)) 2014-2
ALL PROJECTS as developed ((April 23, 2013)) March 10, 2014, 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) (($143,633,000)) $137,425,000 of the transportation 2003
account (nickel account) -- state appropriation ((is)), $2,338,000 of the
transportation partnership account--state appropriation, and $300,000
of the Puget Sound capital construction account--federal appropriation
are 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) (($8,270,000)) $14,728,000 of the Puget Sound capital
construction account--federal appropriation, (($3,935,000)) $4,038,000
of the Puget Sound capital construction account--state appropriation,
and (($1,534,000)) $1,535,000 of the multimodal transportation
account--state appropriation are provided solely for the Mukilteo ferry
terminal (project 952515P). To the greatest extent practicable, the
department shall seek additional federal funding for this project.
Within the multimodal transportation account--state appropriation
amount provided in this subsection, the department shall lease to the
city in which the project is located a portion of the department's
property associated with this project to provide safe, temporary public
access from the easterly terminus of First Street to the vicinity of
Front Street. The department shall provide the lease at no cost in
recognition of the impacts of this project to the city and require
appropriate liability and maintenance coverage in the terms of the
lease. Public access must be installed and removed at no cost to the
state prior to construction of the multimodal terminal project.
(5) (($4,000,000)) $4,935,000 of the Puget Sound capital
construction account -- state appropriation is provided solely for
emergency capital repair costs (project 999910K). Funds may only be
spent after approval by the office of financial management.
(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)) $4,026,000 of the Puget Sound capital
construction account--state appropriation is provided solely for the
reservation and communications system projects (L200041 & L200042).
(8) $4,210,000 of the Puget Sound capital construction account--state appropriation is provided solely for the capital program share of
$7,259,000 in lease payments for the ferry division's headquarters
building. Consistent with the 2012 facilities oversight plan, the
department shall strive to consolidate office space in downtown Seattle
by the end of 2015. The department shall consider renewing the lease
for the ferry division's current headquarters building only if the
lease rate is reduced at least fifty percent and analysis shows that
this is the least cost and risk option for the department.
Consolidation with other divisions or state agencies, or a reduction in
leased space, must also be considered as part of any headquarters lease
renewal analysis.
(9) (($21,950,000)) $23,737,000 of the total appropriation is for
preservation work on the Hyak super class vessel (project 944431D),
including installation of a power management system and more efficient
propulsion systems, that in combination are anticipated to save up to
twenty percent in fuel and reduce maintenance costs. Upon completion
of this project, the department shall provide a report to the
transportation committees of the legislature on the fuel and
maintenance savings achieved for this vessel and the potential to save
additional funds through other vessel conversions.
(10) The transportation 2003 account (nickel account)--state
appropriation includes up to $50,000,000 in proceeds from the sale of
bonds authorized in RCW 47.10.861.
(11) $50,000,000 of the transportation 2003 account (nickel
account)--state appropriation is provided solely for the acquisition of
one 144-car vessel (project L1000063). If chapter . . . (Engrossed
Second Substitute House Bill No. 1129), Laws of 2014 (ferry vessel
replacement) is not enacted by June 30, 2014, the amount provided in
the subsection lapses.
(12) If the department pursues a conversion of the existing diesel
powered Issaquah class fleet to a different fuel source or engine
technology, the department must use a design-build procurement process.
(13) $350,000 of the Puget Sound capital construction account--state appropriation is provided solely for the issuance of a request
for proposals to convert the Issaquah class vessels to use liquefied
natural gas and to provide a one-time stipend to the entity awarded the
conversion contract. Of the amounts provided in this subsection:
(a) $100,000 of the Puget Sound capital construction account--state
appropriation is for the department to issue a request for proposals
for a design-build contract consistent with RCW 47.20.780 to convert
six Issaquah class vessels to be powered by liquefied natural gas.
Consistent with RCW 47.56.030(2)(c), the legislature finds that the
performance needs of the department in converting to liquefied natural
gas are for engines with the lowest life-cycle costs, and the
department must weigh this criteria as a priority when evaluating the
proposals. To encourage cost saving ideas, the department shall limit
prescribing design elements in the proposal to those approved or
required by the United States coast guard in the liquefied natural gas
waterways suitability assessment or those otherwise essential to
provide clear direction to bidders. The request for proposals must
include a process for evaluating proposals that may include alternative
financing arrangements that are in compliance with state private
financing law. When evaluating the financial merits of any liquefied
natural gas conversion request for proposals, the department shall give
consideration to the inability of the state to fund a liquefied natural
gas conversion using currently available public resources. The
department shall issue the request for proposals within forty-five days
of rejecting the liquefied natural gas request for proposals issued
under section 308(11), chapter 86, Laws of 2012 or receiving final
findings from the United States coast guard on the liquefied natural
gas waterways suitability assessment, whichever is later.
(b) $250,000 of the Puget Sound capital construction account--state
appropriation is for the entity awarded the contract pursuant to this
subsection.
*Sec. 310 2013 c 306 s 310 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- RAIL -- PROGRAM Y -- CAPITAL
Essential Rail Assistance Account -- State
Appropriation . . . . . . . . . . . . (($861,000))
$1,020,000
Transportation Infrastructure Account -- State
Appropriation . . . . . . . . . . . . (($8,582,000))
$9,190,000
Multimodal Transportation Account -- State
Appropriation . . . . . . . . . . . . (($33,156,000))
$44,085,000
Multimodal Transportation Account -- Federal
Appropriation . . . . . . . . . . . . (($333,881,000))
$430,193,000
Multimodal Transportation Account--Private/Local
Appropriation . . . . . . . . . . . . $409,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($376,480,000))
$484,897,000
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)) 2014-2 ALL PROJECTS as developed ((April 23, 2013))
March 10, 2014, Program - Rail ((Capital)) Program (Y).
(b) Within the amounts provided in this section, (($7,332,000))
$7,669,000 of the transportation infrastructure account -- state
appropriation is for low-interest loans through the freight rail
investment bank program identified in the LEAP transportation document
referenced 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, (($2,439,000))
$2,440,000 of the multimodal transportation account -- state
appropriation, $1,250,000 of the transportation infrastructure
account--state appropriation, and $311,000 of the essential rail
assistance account -- state appropriation are for statewide emergent
freight rail assistance projects identified in the LEAP transportation
document referenced in (a) of this subsection.
(2) Unsuccessful 2012 freight rail assistance program grant
applicants may be awarded freight rail investment bank program loans,
if eligible. ((If any funds remain in the freight rail investment bank
or freight rail assistance program reserves (projects F01001A and
F01000A), or any approved grants or loans are terminated,)) The
department shall issue a call for projects for the freight rail
investment bank loan program and the freight rail assistance grant
program, and shall evaluate the applications in a manner consistent
with past practices as specified in section 309, chapter 367, Laws of
2011. By November 1, ((2013)) 2014, the department shall submit a
prioritized list of recommended projects to the office of financial
management and the transportation committees of the legislature.
(3) (($314,647,000)) $424,400,000 of the multimodal transportation
account--federal appropriation and (($4,867,000)) $10,658,000 of the
multimodal transportation account--state appropriation are provided
solely for expenditures related to passenger high-speed rail grants.
Except for the Mount Vernon project (P01101A), the multimodal
transportation account--state appropriation funds reflect one and one-half percent of the total project funds, and are provided solely for
expenditures that are not eligible for federal reimbursement. Of the
amounts provided in this subsection, $31,500,000 of the multimodal
transportation account--federal appropriation is provided solely for
the purchase of two new train sets for the state-supported intercity
passenger rail service. The department must apply for any federal
waivers required to purchase the new train sets, as allowable under
existing competitive bidding practices, and seek federal funds in
addition to those available from the high-speed rail grants.
(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) The department shall provide quarterly reports to the office of
financial management and the transportation committees of the
legislature regarding applications that the department submits for
federal funds and the status of such applications.
(6)(a) (($550,000)) $709,000 of the essential rail assistance
account -- state appropriation, $241,000 of the transportation
infrastructure account--state appropriation, and $1,893,000 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 (project F01111B). The department
shall complete an evaluation and assessment of future maintenance needs
on the line to ensure appropriate levels of state investment.
(b) Expenditures from the essential rail assistance account--state
appropriation in this section may not exceed the combined total of:
(i) Revenues deposited into the essential rail assistance account
from leases and sale of property pursuant to RCW 47.76.290; and
(ii) Revenues transferred from the miscellaneous program account to
the essential rail assistance account, pursuant to RCW 47.76.360, for
the purpose of sustaining the grain train program by maintaining the
Palouse river and Coulee City railroad line.
(7) (($31,500,000 of the multimodal transportation account--federal
appropriation is provided solely for the purchase of two new train sets
for the state-supported intercity passenger rail service. The
department must apply for any federal waivers required to purchase the
new train sets, as allowable under existing competitive bidding
practices, and seek federal funds in addition to those available from
the high-speed rail grants)) (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.
*Sec. 310 was partially vetoed. See message at end of chapter.
Sec. 311 2013 c 306 s 311 (uncodified) is amended to read as
follows:
FOR THE DEPARTMENT OF TRANSPORTATION -- LOCAL PROGRAMS -- PROGRAM Z -- CAPITAL
Highway Infrastructure Account -- State Appropriation . . . . . . . . . . . . $207,000
Highway Infrastructure Account -- Federal
Appropriation . . . . . . . . . . . . $1,602,000
((Freight Mobility Investment Account -- State))
Appropriation . . . . . . . . . . . . $11,794,000
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($7,214,000))
$9,236,000
Highway Safety Account -- State Appropriation . . . . . . . . . . . . (($11,255,000))
$8,915,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($6,918,000))
$2,201,000
Motor Vehicle Account -- Federal Appropriation . . . . . . . . . . . . (($28,413,000))
$34,581,000
((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))
$18,740,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($92,372,000))
$75,482,000
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 by project and amount in LEAP Transportation
Document ((2013-2)) 2014-2 ALL PROJECTS as developed ((April 23, 2013))
March 10, 2014, Program - Local Programs (Z).
(2) 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.
(3) The amounts identified in the LEAP transportation document
referenced under subsection (1) of this section for pedestrian
safety/safe routes to school are as follows:
(a) (($12,160,000)) $16,543,000 of the multimodal transportation
account--state appropriation, (($6,824,000)) $8,724,000 of the
transportation partnership account--state appropriation, and $62,000 of
the motor vehicle account--federal appropriation are provided solely
for pedestrian and bicycle safety program projects.
(b) $11,700,000 of the motor vehicle account--federal
appropriation((, $5,200,000 of the motor vehicle account--state
appropriation,)) and $6,750,000 of the highway safety account--state
appropriation are provided solely for newly selected safe routes to
school projects, and (($3,400,000)) $6,503,000 of the motor vehicle
account--federal appropriation and (($2,055,000)) $2,165,000 of the
highway safety account--state appropriation are reappropriated for safe
routes to school projects selected in the previous biennia. The amount
provided for new projects is consistent with federal funding levels
from the 2011-2013 omnibus transportation appropriations act and the
intent of the fee increases in chapter 74, Laws of 2012 and chapter 80,
Laws of 2012. ((The motor vehicle account--state appropriation in this
subsection (3)(b) is the amount made available by the repeal of the
deduction from motor vehicle fuel tax liability for handling losses of
motor vehicle fuel, as identified in chapter . . . (Substitute House
Bill No. 2041), Laws of 2013 (handling losses of motor vehicle fuel).
If chapter . . . (Substitute House Bill No. 2041), Laws of 2013 is not
enacted by June 30, 2013, the motor vehicle account--state
appropriation in this subsection (3)(b) lapses.))
(4) (($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-B as developed April 23, 2013. If chapter
. . . (Substitute House Bill No. 1256), Laws of 2013 is enacted by June
30, 2013, the amounts provided in this subsection lapse.)) The department may enter into contracts and make expenditures
for projects on behalf of and selected by the freight mobility
strategic investment board from the amounts provided in section 301 of
this act.
(5)
(((6))) (5) The department shall submit a report to the
transportation committees of the legislature by December 1, 2013, and
December 1, 2014, on the status of projects funded as part of the
pedestrian safety/safe routes to school grant program (0LP600P). The
report must include, but is not limited to, a list of projects selected
and a brief description of each project's status.
(((7))) (6) $50,000 of the motor vehicle account--state
appropriation is provided solely for the installation of a guard rail
on Deer Harbor Road in San Juan county (L2220054).
Sec. 312 2013 c 306 s 312 (uncodified) is amended to read as
follows:
ANNUAL REPORTING REQUIREMENTS FOR CAPITAL PROGRAM
(1) As part of its budget submittal for the ((2014 supplemental))
2015 biennial budget, the department of transportation shall provide an
update to the report provided to the legislature in 2013 that: (a)
Compares the original project cost estimates approved in the 2003 and
2005 project lists to the completed cost of the project, or the most
recent legislatively approved budget and total project costs for
projects not yet completed; (b) identifies highway projects that may be
reduced in scope and still achieve a functional benefit; (c) identifies
highway projects that have experienced scope increases and that can be
reduced in scope; (d) identifies highway projects that have lost
significant local or regional contributions that were essential to
completing the project; and (e) identifies contingency amounts
allocated to projects.
(2) As part of its budget submittal for the ((2014 supplemental))
2015 biennial budget, the department of transportation shall provide an
annual report on the number of toll credits the department has
accumulated and how the department has used the toll credits.
Sec. 401 2013 c 306 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
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($10,406,000))
$3,099,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($450,000))
$187,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $3,866,000
Highway Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . (($1,074,580,000))
$1,086,801,000
Ferry Bond Retirement Account -- State Appropriation . . . . . . . . . . . . $31,824,000
Transportation Improvement Board Bond Retirement
Account -- State Appropriation . . . . . . . . . . . . (($16,267,000))
$16,268,000
Nondebt-Limit Reimbursable Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $25,825,000
Toll Facility Bond Retirement Account -- State
Appropriation . . . . . . . . . . . . $52,050,000
((Toll Facility Bond Retirement Account--Federal))
Appropriation . . . . . . . . . . . . $64,982,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($1,958,000))
$682,000
((Special Category C Account--State Appropriation . . . . . . . . . . . . $2,000))
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,282,210,000))
$1,220,602,000
Sec. 402 2013 c 306 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
Transportation Partnership Account -- State
Appropriation . . . . . . . . . . . . (($1,156,000))
$588,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . (($50,000))
$32,000
State Route Number 520 Corridor Account -- State
Appropriation . . . . . . . . . . . . $531,000
Transportation 2003 Account (Nickel Account) -- State
Appropriation . . . . . . . . . . . . (($218,000))
$123,000
TOTAL APPROPRIATION . . . . . . . . . . . . (($1,955,000))
$1,274,000
NEW SECTION. Sec. 403 A new section is added to 2013 c 306
(uncodified) to read as follows:
FOR THE STATE TREASURER -- BOND RETIREMENT AND INTEREST, AND ONGOING
BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY
STATUTORILY PRESCRIBED REVENUE
Toll Facility Bond Retirement Account--Federal
Appropriation . . . . . . . . . . . . $69,913,000
Sec. 404 2013 c 306 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 . . . . . . . . . . . . (($474,610,000))
$478,598,000
Sec. 405 2013 c 306 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 . . . . . . . . . . . . (($1,235,491,000))
$1,242,728,000
Sec. 406 2013 c 306 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 . . . . . . . . . . . . (($138,627,000))
$138,494,000
Sec. 407 2013 c 306 s 407 (uncodified) is amended to read as
follows:
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))
$7,571,000
(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 . . . . . . . . . . . . $28,000,000
(8) Motor Vehicle Account--State Appropriation:
For transfer to the Puget Sound Capital Construction
Account--State . . . . . . . . . . . . $28,000,000
(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))
$14,000,000
(11) Motor Vehicle Account--State Appropriation:
For transfer to the State Patrol Highway
Account--State . . . . . . . . . . . . $27,000,000
(12) Highway Safety Account--State Appropriation:
For transfer to the Puget Sound Ferry Operations
Account--State . . . . . . . . . . . . $42,000,000
(13) Advanced Environmental Mitigation Revolving
Account--State Appropriation: For transfer to the Motor
Vehicle Account--State . . . . . . . . . . . . $2,000,000
(14) Advanced Right-of-Way Revolving Fund--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $6,000,000
(15) Tacoma Narrows Toll Bridge Account--State
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $950,000
(16) License Plate Technology Account--State
Appropriation: For transfer to the Highway Safety
Account--State . . . . . . . . . . . . $3,000,000
(17) Motor Vehicle Account--State Appropriation:
For transfer to the Transportation Equipment
Fund--State . . . . . . . . . . . . $3,915,000
(18) ((Multimodal Transportation Account--State))
Appropriation: For transfer to the Motor Vehicle
Account--State . . . . . . . . . . . . $10,000,000
(a) Capital Vessel Replacement Account--State
Appropriation: For transfer to Transportation 2003
Account (Nickel Account)--State . . . . . . . . . . . . $11,128,000
(b) If chapter . . . (Engrossed Second Substitute House Bill No.
1129), Laws of 2014 (ferry vessel replacement) is not enacted by June
30, 2014, the amount transferred in (a) of this subsection lapses.
(19) Motor Vehicle Account--State Appropriation: For
transfer to the Interstate 405 Express Toll Lanes
Operations Account--State . . . . . . . . . . . . $2,019,000
Sec. 501 2013 c 306 s 517 (uncodified) is amended to read as
follows:
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 fiscal year 2014 for state
agencies, including institutions of higher education, are sufficient to
continue the provisions of the 2011-2013 collective bargaining
agreement. An agreement was reached between the governor and the
health care super coalition under chapter 41.80 RCW for fiscal year
2015. The agreement includes employer contributions to premiums at
eighty-five percent of the total weighted average of the projected
health care premiums. Appropriations in this act for fiscal year 2015
are sufficient to fund the provisions of the fiscal year 2015
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)) $703 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 the collective bargaining agreement
and 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.
Sec. 502 2013 c 306 s 518 (uncodified) is amended to read as
follows:
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)) $703 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.
Sec. 503 2013 c 306 s 519 (uncodified) is amended to read as
follows:
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)) $703 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.
Sec. 601 2013 c 306 s 603 (uncodified) is amended to read as
follows:
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)) 2014-1 as developed ((April 23, 2013))
March 10, 2014, which consists of a list of specific projects by fund
source and amount over a ten-year period. Current fiscal biennium
funding for each project is a line-item appropriation, while the outer
year funding allocations represent a ten-year plan. The department is
expected to use the flexibility provided in this section to assist in
the delivery and completion of all transportation partnership account
and transportation 2003 account (nickel account) projects on the LEAP
transportation documents referenced in this act. However, this section
does not apply to the I-5/Columbia River Crossing project (400506A).
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. Until
the legislature reconvenes to consider the 2014 supplemental omnibus
transportation appropriations act, any unexpended 2011-2013
appropriation balance as approved by the office of financial
management, in consultation with the legislative staff of the house of
representatives and senate transportation committees, may be considered
when transferring funds between projects;
(d) Transfers from a project may be made if the funds appropriated
to the project are in excess of the amount needed to complete the
project;
(e) Transfers may not occur for projects not identified on the
applicable project list;
(f) Transfers may not be made while the legislature is in session;
and
(g) Transfers between projects may be made, without the approval of
the director of the office of financial management, 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. 602 A new section is added to 2013 c 306
(uncodified) to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION
Except as otherwise provided in this act, the department may enter
into a new agreement with King county for the purpose of public
transportation mitigation for the SR 99/Alaskan Way Viaduct -Replacement project through the end of the 2013-2015 fiscal biennium.
Before expending any funds, the department must inform the
transportation committees of the legislature of the amount and source
of the funds.
NEW SECTION. Sec. 603 A new section is added to 2013 c 306
(uncodified) to read as follows:
FOR THE DEPARTMENT OF TRANSPORTATION
(1) The department shall submit a report to the transportation
committees of the legislature detailing engineering errors on highway
construction projects resulting in project cost increases in excess of
five hundred thousand dollars. The department must submit a full
report within ninety days of the negotiated change order resulting from
the engineering error.
(2) The department's full report must include an assessment and
review of:
(a) How the engineering error happened;
(b) The department of the employee or employees responsible for the
engineering error, without disclosing the name of the employee or
employees;
(c) What corrective action was taken;
(d) The estimated total cost of the engineering error and how the
department plans to mitigate that cost;
(e) Whether the cost of the engineering error will impact the
overall project financial plan; and
(f) What action the secretary has recommended to avoid similar
engineering errors in the future.
Sec. 701 RCW 47.28.030 and 2011 c 367 s 710 are each amended to
read as follows:
(1)(a) A state highway shall be constructed, altered, repaired, or
improved, and improvements located on property acquired for
right-of-way purposes may be repaired or renovated pending the use of
such right-of-way for highway purposes, by contract or state forces.
The work or portions thereof may be done by state forces when the
estimated costs thereof are less than fifty thousand dollars and
effective July 1, 2005, sixty thousand dollars.
(b) When delay of performance of such work would jeopardize a state
highway or constitute a danger to the traveling public, the work may be
done by state forces when the estimated cost thereof is less than
eighty thousand dollars and effective July 1, 2005, one hundred
thousand dollars.
(c) When the department of transportation determines to do the work
by state forces, it shall enter a statement upon its records to that
effect, stating the reasons therefor.
(d) To enable a larger number of small businesses and veteran,
minority, and women contractors to effectively compete for department
of transportation contracts, the department may adopt rules providing
for bids and award of contracts for the performance of work, or
furnishing equipment, materials, supplies, or operating services
whenever any work is to be performed and the engineer's estimate
indicates the cost of the work would not exceed eighty thousand dollars
and effective July 1, 2005, one hundred thousand dollars.
(2) The rules adopted under this section:
(a) Shall provide for competitive bids to the extent that
competitive sources are available except when delay of performance
would jeopardize life or property or inconvenience the traveling
public; and
(b) Need not require the furnishing of a bid deposit nor a
performance bond, but if a performance bond is not required then
progress payments to the contractor may be required to be made based on
submittal of paid invoices to substantiate proof that disbursements
have been made to laborers, material suppliers, mechanics, and
subcontractors from the previous partial payment; and
(c) May establish prequalification standards and procedures as an
alternative to those set forth in RCW 47.28.070, but the
prequalification standards and procedures under RCW 47.28.070 shall
always be sufficient.
(3) The department of transportation shall comply with such goals
and rules as may be adopted by the office of minority and women's
business enterprises to implement chapter 39.19 RCW with respect to
contracts entered into under this chapter. The department may adopt
such rules as may be necessary to comply with the rules adopted by the
office of minority and women's business enterprises under chapter 39.19
RCW.
(4)(a) For the period of March 15, ((2010)) 2014, through June 30,
((2013)) 2015, work for less than one hundred twenty thousand dollars
may be performed on ferry vessels and terminals by state forces.
(b) The department shall hire a disinterested, third party to
conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement
projects. The analysis must include options that consider
consolidating work while vessels are at shipyards by having state
forces perform services traditionally performed at Eagle Harbor at the
shipyard and decreasing the allowable time at shipyards. The analysis
must also compare the out-of-service vessel times of performing
services by state forces versus contracting out those services which in
turn must be used to form a recommendation as to what the threshold of
work performed on ferry vessels and terminals by state forces should
be. This analysis must be presented to the transportation committees
of the senate and house of representatives by December 1, 2010.
(c) The department shall develop a proposed ferry vessel
maintenance, preservation, and improvement program and present it to
the transportation committees of the senate and house of
representatives by December 1, 2010. The proposed program must:
(i) Improve the basis for budgeting vessel maintenance,
preservation, and improvement costs and for projecting those costs into
a sixteen-year financial plan;
(ii) Limit the amount of planned out-of-service time to the
greatest extent possible, including options associated with department
staff as well as commercial shipyards; and
(iii) Be based on the service plan in the capital plan, recognizing
that vessel preservation and improvement needs may vary by route.
(d) In developing the proposed ferry vessel maintenance,
preservation, and improvement program, the department shall consider
the following, related to reducing vessel out-of-service time:
(i) The costs compared to benefits of Eagle Harbor repair and
maintenance facility operations options to include staffing costs and
benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including
the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing
preservation or maintenance work, or both, while the vessel is
underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation,
and improvement program contracting process and contractual
requirements;
(v) The costs compared to benefits of allowing for increased costs
associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of
proposed projects and other projects planned during the same
construction period;
(vii) Coordination with required United States coast guard dry
dockings;
(viii) A method for comparing how proposed projects relate to the
service requirements of the route on which the vessel normally
operates; and
(ix) A method for evaluating the ongoing maintenance and
preservation costs associated with proposed improvement projects.
Sec. 702 RCW 81.53.281 and 2003 c 190 s 3 are each amended to
read as follows:
There is hereby created in the state treasury a "grade crossing
protective fund" to carry out the provisions of RCW 81.53.261,
81.53.271, 81.53.281, 81.53.291, and 81.53.295; for grants and/or
subsidies to public, private, and nonprofit entities for rail safety
projects authorized or ordered by the commission; and for personnel and
associated costs related to supervising and administering rail safety
grants and/or subsidies. During the 2013-2015 fiscal biennium, funds
in this account may also be used to conduct the study required under
section 102 of this act. The commission shall transfer from the public
service revolving fund's miscellaneous fees and penalties accounts
moneys appropriated for these purposes as needed. At the time the
commission makes each allocation of cost to said grade crossing
protective fund, it shall certify that such cost shall be payable out
of said fund. When federal-aid highway funds are involved, the
department of transportation shall, upon entry of an order by the
commission requiring the installation or upgrading of a grade crossing
protective device, submit to the commission an estimate for the cost of
the proposed installation and related work. Upon receipt of the
estimate the commission shall pay to the department of transportation
the percentage of the estimate specified in RCW 81.53.295, as now or
hereafter amended, to be used as the grade crossing protective fund
portion of the cost of the installation and related work.
The commission may adopt rules for the allocation of money from the
grade crossing protective fund.
NEW SECTION. Sec. 703 A new section is added to 2013 c 306
(uncodified) to read as follows:
The office of the state treasurer shall explore the fiscal
implications with respect to outstanding motor vehicle fuel
transportation bonds and to future transportation bond sales, relating
to any reduction, refunding, crediting, or repeal of the motor vehicle
fuel tax, in whole or in part, that may occur in a transition to a
potential road usage charge by which transportation activities may be
funded in the future. The exploration of fiscal implications must
examine possible effects on the state credit rating, interest rates,
and other factors that affect the cost of financing transportation
projects. The draft report of this work must be shared with the
transportation committees of the legislature, the transportation
commission, and the office of financial management by September 1,
2014. A final report must be provided to the transportation committees
of the legislature, the transportation commission, and the office of
financial management by December 31, 2014.
Sec. 704 RCW 82.70.020 and 2013 c 306 s 718 are each amended to
read as follows:
(1) Employers in this state who are taxable under chapter 82.04 or
82.16 RCW and provide financial incentives to their own or other
employees for ride sharing, for using public transportation, for using
car sharing, or for using nonmotorized commuting before July 1,
((2014)) 2015, are allowed a credit against taxes payable under
chapters 82.04 and 82.16 RCW for amounts paid to or on behalf of
employees for ride sharing in vehicles carrying two or more persons,
for using public transportation, for using car sharing, or for using
nonmotorized commuting, not to exceed sixty dollars per employee per
fiscal year.
(2) Property managers who are taxable under chapter 82.04 or 82.16
RCW and provide financial incentives to persons employed at a worksite
in this state managed by the property manager for ride sharing, for
using public transportation, for using car sharing, or for using
nonmotorized commuting before July 1, ((2014)) 2015, are allowed a
credit against taxes payable under chapters 82.04 and 82.16 RCW for
amounts paid to or on behalf of these persons for ride sharing in
vehicles carrying two or more persons, for using public transportation,
for using car sharing, or for using nonmotorized commuting, not to
exceed sixty dollars per person per fiscal year.
(3) The credit under this section is equal to the amount paid to or
on behalf of each employee multiplied by fifty percent, but may not
exceed sixty dollars per employee per fiscal year. No refunds may be
granted for credits under this section.
(4) A person may not receive credit under this section for amounts
paid to or on behalf of the same employee under both chapters 82.04 and
82.16 RCW.
(5) A person may not take a credit under this section for amounts
claimed for credit by other persons.
Sec. 705 RCW 82.70.040 and
2013 c 306 s 719 are each amended to
read as follows:
(1)(a)(i) The department shall keep a running total of all credits
allowed under RCW 82.70.020 during each fiscal year. The department
shall not allow any credits that would cause the total amount allowed
to exceed two million seven hundred fifty thousand dollars in any
fiscal year. This limitation includes any deferred credits carried
forward under subsection (2)(b)(i) of this section from prior years.
(ii) During the 2013-2015 fiscal biennium, the department shall not
allow any credits that would cause the total amount allowed to exceed
one million five hundred thousand dollars in any fiscal year. This
limitation includes any deferred credits carried forward under
subsection (2)(b)(i) of this section from prior years.
(b) If the total amount of credit applied for by all applicants in
any year exceeds the limit in this subsection, the department shall
ratably reduce the amount of credit allowed for all applicants so that
the limit in this subsection is not exceeded. If a credit is reduced
under this subsection, the amount of the reduction may not be carried
forward and claimed in subsequent fiscal years.
(2)(a) Tax credits under RCW 82.70.020 may not be claimed in excess
of the amount of tax otherwise due under chapter 82.04 or 82.16 RCW.
(b)(i) Through June 30, 2005, a person with taxes equal to or in
excess of the credit under RCW 82.70.020, and therefore not subject to
the limitation in (a) of this subsection, may elect to defer tax
credits for a period of not more than three years after the year in
which the credits accrue. No credits deferred under this subsection
(2)(b)(i) may be used after June 30, 2008. A person deferring tax
credits under this subsection (2)(b)(i) must submit an application as
provided in RCW 82.70.025 in the year in which the deferred tax credits
will be used. This application is subject to the provisions of
subsection (1) of this section for the year in which the tax credits
will be applied. If a deferred credit is reduced under subsection
(1)(b) of this section, the amount of deferred credit disallowed
because of the reduction may be carried forward as long as the period
of deferral does not exceed three years after the year in which the
credit was earned.
(ii) For credits approved by the department after June 30, 2005,
the approved credit may be carried forward to subsequent years until
used. Credits carried forward as authorized by this subsection are
subject to the limitation in subsection (1)(a) of this section for the
fiscal year for which the credits were originally approved.
(3) No person shall be approved for tax credits under RCW 82.70.020
in excess of two hundred thousand dollars in any fiscal year. This
limitation does not apply to credits carried forward from prior years
under subsection (2)(b) of this section.
(4) No person may claim tax credits after June 30, ((2014)) 2015.
(5) Credits may not be carried forward other than as authorized in
subsection (2)(b) of this section.
(6) No person is eligible for tax credits under RCW 82.70.020 if
the additional revenues for the multimodal transportation account
created by Engrossed Substitute House Bill No. 2231 are terminated.
Sec. 706 RCW 82.70.050 and 2003 c 364 s 5 are each amended to
read as follows:
(1) During the 2013-2015 fiscal biennium, the director shall on the
25th of February, May, August, and November of each year advise the
state treasurer of the amount of credit taken under RCW 82.70.020
during the preceding calendar quarter ending on the last day of
December, March, June, and September, respectively.
(2) On the last day of March, June, September, and December of each
year, the state treasurer, based upon information provided by the
department, shall deposit to the general fund a sum equal to the dollar
amount of the credit provided under RCW 82.70.020 from the multimodal
transportation account.
Sec. 707 RCW 82.70.900 and 2013 c 306 s 720 are each amended to
read as follows:
This chapter expires ((July 1, 2014, except for RCW 82.70.050,
which expires January 1, 2015)) June 30, 2015.
Sec. 708 RCW 90.03.525 and 2005 c 319 s 140 are each amended to
read as follows:
(1) The rate charged by a local government utility to the
department of transportation with respect to state highway right-of-way
or any section of state highway right-of-way for the construction,
operation, and maintenance of storm water control facilities under
chapters 35.67, 35.92, 36.89, 36.94, 57.08, and 86.15 RCW, shall be
thirty percent of the rate for comparable real property, except as
otherwise provided in this section. The rate charged to the department
with respect to state highway right-of-way or any section of state
highway right-of-way within a local government utility's jurisdiction
shall not, however, exceed the rate charged for comparable city street
or county road right-of-way within the same jurisdiction. The
legislature finds that the aforesaid rates are presumptively fair and
equitable because of the traditional and continuing expenditures of the
department of transportation for the construction, operation, and
maintenance of storm water control facilities designed to control
surface water or storm water runoff from state highway rights-of-way.
(2) Charges paid under subsection (1) of this section by the
department of transportation must be used solely for storm water
control facilities that directly reduce ((state highway)) runoff
impacts or implementation of best management practices that will reduce
the need for such facilities. ((By January 1st of each year, beginning
with calendar year 1997, the local government utility, in coordination
with the department, shall develop a plan for the expenditure of the
charges for that calendar year. The plan must be consistent with the
objectives identified in RCW 90.78.010. In addition, beginning with
the submittal for 1998, the utility shall provide a progress report on
the use of charges assessed for the prior year. No charges may be paid
until the plan and report have been submitted to the department.))
(3) The utility imposing the charge and the department of
transportation may, however, agree to either higher or lower rates with
respect to the construction, operation, or maintenance of any specific
storm water control facilities ((based upon the annual plan prescribed
in subsection (2) of this section)). If, after mediation, the local
government utility and the department of transportation cannot agree
upon the proper rate, either may commence an action in the superior
court for the county in which the state highway right-of-way is located
to establish the proper rate. The court in establishing the proper
rate shall take into account the extent and adequacy of storm water
control facilities constructed by the department and the actual
benefits to the sections of state highway rights-of-way from storm
water control facilities constructed, operated, and maintained by the
local government utility. Control of surface water runoff and storm
water runoff from state highway rights-of-way shall be deemed an actual
benefit to the state highway rights-of-way. The rate for sections of
state highway right-of-way as determined by the court shall be set
forth in terms of the percentage of the rate for comparable real
property, but shall in no event exceed the rate charged for comparable
city street or county road right-of-way within the same jurisdiction.
(4) The legislature finds that the federal clean water act
(national pollutant discharge elimination system, 40 C.F.R. parts 122-124), the state water pollution control act, chapter 90.48 RCW, and the
highway runoff program under chapter 90.71 RCW, mandate the treatment
and control of storm water runoff from state highway rights-of-way
owned by the department of transportation. Appropriations made by the
legislature to the department of transportation for the construction,
operation, and maintenance of storm water control facilities are
intended to address applicable federal and state mandates related to
storm water control and treatment. This section is not intended to
limit opportunities for sharing the costs of storm water improvements
between cities, counties, and the state.
NEW SECTION. Sec. 801 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 802 Section 701 of this act takes effect if
chapter . . . (Engrossed House Bill No. 2684), Laws of 2014 (ferry
vessel and terminal work) is not enacted by April 15, 2014.
NEW SECTION. Sec. 803 Section 708 of this act expires June 30,
2015.
NEW SECTION. Sec. 804 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.