5161-S.E AMH FEYJ MATM 649

ESSB 5161 - H AMD TO H AMD (H-2091.1/25) 947

By Representative Fey

ADOPTED 04/02/2025

On page 11, line 36 of the striking amendment, increase the motor vehicle account--state appropriation by $125,000

On page 12, line 3 of the striking amendment, correct the total.

On page 12, line 18 of the striking amendment, after "(2)" strike "$325,000" and insert "$250,000"

On page 12, line 19 of the striking amendment, after "to" strike "engage an" and insert "contract with the Freight Policy Transportation Institute of Washington State University to serve as the"

On page 12, line 21 of the striking amendment, after "section" strike "217(10)" and insert "217(8)"

On page 14, after line 8 of the striking amendment, insert the following:

"(6) $200,000 of the motor vehicle account—-state appropriation is for the joint transportation committee to conduct a study and make recommendations on alternative new methods for local governments to fund sidewalk improvements, including but not limited to establishing a sidewalk utility. The study must review revenue options utilized in other states and make evaluations based on fairness, stability, adequacy, regressivity, simplicity, and the effect on economic vitality. The joint transportation committee must submit a preliminary report of findings and recommendations to the transportation committees of the legislature by December 15, 2025. A final report is due to the office of the governor and the transportation committees of the legislature by June 30, 2026."

On page 14, line 14 of the striking amendment, decrease the state route number 520 corridor account--state appropriation by $200,000

On page 14, line 18 of the striking amendment, decrease the Alaskan way viaduct replacement project account--state appropriation by $200,000

On page 14, line 19 of the striking amendment, correct the total.

On page 15, beginning on line 28 of the striking amendment, strike all of subsection (5)

On page 29, line 24 of the striking amendment, increase the state route number 520 corridor account--state appropriation by $200,000

On page 29, line 30 of the striking amendment, increase the Alaskan way viaduct replacement project account--state appropriation by $200,000

On page 29, line 33 of the striking amendment, correct the total.

On page 30, after line 38 of the striking amendment, insert the following:

"(5)(a) $200,000 of the state route number 520 corridor account— state appropriation and $200,000 of the Alaskan Way viaduct replacement project account—state appropriation are provided solely for the department, in coordination with the Washington state transportation commission, to conduct a pilot or pilots of advanced tolling technology provided by the private sector. The purpose of this pilot or pilots will be to assess the viability and accuracy of advanced technologies that may reduce the implementation and long-term costs of the toll system or enable more flexible operations. The department shall retain a separate independent third-party vendor or vendors who can provide expert oversight, guidance, and advisement on the work, including: The pilot design; the evaluation plan; data analysis; and reporting on findings.

(b) A final report of findings is due to the transportation committees of the legislature by July 1, 2026. The report must, at a minimum: Outline the technology tested; provide a comparison of system performance, operations, costs, and revenue collection efficiencies between the test system or test systems and the roadway toll system in use today; assess the requirements for achieving compatibility with the existing back-office system; provide a summary of how lessons learned from the pilot or pilots were incorporated into the planned procurement of new roadside toll systems; and provide recommendations on next steps."

On page 36, line 33 of the striking amendment, after "sale" strike "in accordance with requirements of state law" and insert "or transfer of ownership by mutually agreeable terms in accordance with requirements of state law under RCW 47.12.063"

On page 36, line 37 of the striking amendment, after "7666206950." insert "The department shall first consider terms and enter negotiations with the countywide port district in which the property is located consistent with RCW 47.12.063 before considering other options for disposition of the property."

On page 37, line 19 of the striking amendment, decrease the carbon emissions reduction account--state appropriation by $14,000

On page 37, line 20 of the striking amendment, correct the total.

On page 39, line 11 of the striking amendment, after "(3)" strike "$10,000,000" and insert "$9,986,000"

On page 39, beginning on line 12 of the striking amendment, after "grants," strike all material through "in" on line 17 and insert "or to serve as state match for secured federal funds, to finance hydrogen fueling stations for medium and heavy-duty vehicles and up to two years of hydrogen fueling station operational costs along corridors designated as hydrogen corridors by the state or near or on transit agency, port, or public utility district property, with a focus on benefiting"

On page 39, line 22 of the striking amendment, after "117-58)" insert "and other public or private funding sources as necessary, to bring these stations into commercial operation"

On page 44, line 4 of the striking amendment, increase the motor vehicle account--state appropriation by $10,000,000

On page 44, line 18 of the striking amendment, correct the total.

On page 44, beginning on line 24 of the striking amendment, after "relief." insert "The department must identify low-cost enhancement projects that could substantially fulfill safety improvements before proceeding on full project scope designs and engineering. Low-cost enhancements may include, but are not limited to, new signage, rumble strips, speed bumps, flashing crosswalk lights, lowering speed limits, lane narrowing via traffic calming, and other safety improvements."

On page 47, after line 29 of the striking amendment, insert the following:

"(10) $10,000,000 of the motor vehicle account--state appropriation is provided solely for safety enhancements on the state route number 18 highway corridor."

On page 54, line 6 of the striking amendment, increase the multimodal transportation account--state appropriation by $950,000

On page 54, line 11 of the striking amendment, correct the total.

On page 57, after line 27 of the striking amendment, insert the following:

"(14) $950,000 of the multimodal transportation account—state appropriation is provided solely for RiverCities Transit to operate weekday transit service from Longview to Vancouver."

On page 62, line 24 of the striking amendment, increase the motor vehicle account--state appropriation by $930,000

On page 62, line 29 of the striking amendment, correct the total.

On page 63, after line 34 of the striking amendment, insert the following:

"(8) $930,000 of the motor vehicle account—state appropriation is provided solely for the department, from amounts 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:

(a) Continue contracting with the Washington state department of fish and wildlife to identify, inventory, and prioritize county-owned fish passage barriers;

(b) Partner with the county road administration board to update the road cost factor unit costs used in the calculation of the allocation factor for the county's portion of the motor vehicle fuel tax;

(c) Create specific guidance and training for county public works departments developing community engagement plans to mitigate project and program harms and maximize community benefits by expanding upon the freight mobility strategic investment board's 'Toolkit and Best Practices for Integrating Community Considerations in Infrastructure Investments'; and

(d) Continue partnering with the board of registration for professional engineers and land surveyors and contract with the Washington state transportation center at the University of Washington to identify best practices within public works for the recruitment and retention of employees, including recommendations for improving outreach and recruitment to underrepresented populations, methods to partner with local community colleges and universities, ways to expand apprenticeship and internship programs, strategies to increase training and development opportunities, and recommendations for career advancement programs and better work life balance outcomes.

(9) The city of Seattle must provide a report on any findings and recommendations of the digital conflict area awareness management program, for which state funding was provided in the 2023-25 biennium, and any implementation needs and process mapping for use by other jurisdictions, to the Washington state department of transportation and the transportation committees of the legislature by June 30, 2026."

On page 78, line 2 of the striking amendment, increase the multimodal transportation account—state appropriation by $5,000,000

On page 78, line 4 of the striking amendment, correct the total.

On page 78, beginning on line 12 of the striking amendment, after "(2)" strike all material through "rideshare" on line 14 and insert "$6,673,000 of the multimodal transportation account—state appropriation is provided solely for a public transit ride share grant program. For grant awards not yet under contract, as a condition of public transit ride share grants provided pursuant to this subsection, public transportation agencies may not delay, divert, supplant, or suspend the collection of approved local sales and use taxes for the purpose of public transportation during the 2025-2027 fiscal biennium. Of the amounts provided in this subsection, $1,673,000 of the multimodal transportation account--state appropriation is for the reappropriation of amounts provided for a public transit ride share"

On page 82, line 23 of the striking amendment, increase the carbon emissions reduction account--state appropriation by $2,400,000

On page 82, line 35 of the striking amendment, correct the total.

On page 84, line 29 of the striking amendment, after "(10)" strike "$2,600,000" and insert "$5,000,000"

On page 87, line 2 of the striking amendment, increase the move ahead WA account--state appropriation by $5,000,000

On page 87, line 10 of the striking amendment, correct the total.

On page 87, line 32 of the striking amendment, after "(L4000102);" insert "an additional $5,000,000 of the move ahead WA account--state appropriation is provided solely for the Woodinville SR 202 and Trestle Widening project (L4000028); the scope for the Industrial Rail Additions project (L1000211) must be modified to authorize the expenditure of any funds appropriated for the project, not otherwise needed for preliminary engineering or rights-of-way, for the purposes of construction, including demolition;"

On page 99, after line 38 of the striking amendment, insert the following:

"NEW SECTION. Sec. 408. SPECIAL APPROPRIATION TO THE GOVERNOR

Motor Vehicle Account--State Appropriation . . . . . $350,000,000

(1) It is the intent of the legislature to ensure a fair and equitable process to address extraordinary bid cost increases for highway improvement and ferry vessel replacement projects.

(2) $350,000,000 of the motor vehicle account--state appropriation is provided solely for a project reserve fund for extraordinary bid cost increases for contracts on highway improvement and ferry vessel replacement projects.

(a) Release of funds from the project reserve fund provided in this section may be authorized by the director of the office of financial management for use on projects funded in the 2025-2027 biennial budget that require additional funds to be completed within the legislatively approved scope.

(b) Funds from the project reserve fund for individual project contracts may not exceed 20 percent of a total contract amount, and no more than $100,000,000 may be used for any one project with funding in the 2025-2027 biennial budget.

(c) The director of the office of financial management shall notify the chairs and ranking members of the transportation committees of the legislature two weeks prior to allocating funds from the project reserve fund to any project.

(d) If a project's cost shortfall is greater than amounts available and authorized by this section, the director of the office of financial management shall notify the chairs and ranking members of the transportation committees of the legislature with a recommendation about whether to rebid or rescope the project."

On page 144, line 4 of the striking amendment, increase the motor vehicle account--state appropriation by $325,000

On page 144, line 8 of the striking amendment, correct the total.

On page 149, line 5 of the striking amendment, after "(7)" strike "(($500,000)) $175,000" and insert "$500,000"

On page 186, line 22 of the striking amendment, increase the carbon emissions reduction account--state appropriation by $14,000

On page 186, line 24 of the striking amendment, correct the total.

On page 190, beginning on line 13 of the striking amendment, after "(8)" strike all material through "(9)))" on line 24 and insert "Beginning January 1, 2025, (($10,000,000)) $14,000 of the carbon emissions reduction account—state appropriation is provided solely for grants, and to serve as a state match for secured federal funds, to finance hydrogen refueling infrastructure for medium and heavy-duty vehicles with a focus on locations in disadvantaged and overburdened communities, where possible. The department, in consultation with the interagency electric vehicle coordinating council, should pursue any federal funding available through the charging and fueling infrastructure discretionary grant program and any other sources under the federal infrastructure investment and jobs act (P.L. 29 117-58).

(9)"

Renumber the remaining subsection consecutively and correct any internal references accordingly.

On page 229, beginning on line 6 of the striking amendment, strike all of subsection (d) and insert "(((d) The city of Seattle must provide a report on any findings and recommendations of the program and any implementation needs and process mapping for use by other jurisdictions to the Washington state department of transportation and the transportation committees of the legislature by June 30, 2025.))"

On page 255, line 12 of the striking amendment, decrease the carbon emissions reduction account--state appropriation by $2,400,000

On page 255, line 33 of the striking amendment, correct the total.

On page 257, beginning on line 35 of the striking amendment, beginning with "(((12)" strike all material through "secured." on page 258, line 3 and insert "(12) $5,000,000 of the carbon emissions reduction account—state appropriation is provided solely to fund the replacement of two Tacoma rail diesel-electric switcher locomotives with zero emission battery-electric switcher locomotives and to install on-site charging equipment at a Tacoma rail facility (L1000327). Local funds sufficient to fully fund this project must be contributed to the project, and any agreements required for the project must be secured."

Renumber the remaining subsections consecutively and correct any internal references accordingly.

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