HOUSE BILL REPORT

SB 5416

BYSenators Peterson, Patterson and Hansen; by request of Department of Transportation

Changing requirements for establishment of certain limited access facilities.

House Committe on Transportation

Majority Report:  Do pass.  (29)

      Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Brough, Cantwell, Cooper, Day, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Heavey, Kremen, Meyers, Prince, Schmidt, C. Smith, D. Sommers, Spanel, Sutherland, Todd, Vekich, J. Williams, K. Wilson, S. Wilson and Zellinsky.

House Staff:Louise Bray (786-7322)

AS PASSED HOUSE APRIL 14, 1987

BACKGROUND:

Current law requires the Department of Transportation (DOT) to hold a public hearing prior to the establishment of a limited access facility.  Hearings are required on routes entirely within federal lands such as national forests or parks, or routes where access rights are required by other agencies and transferred to DOT.  In many instances considerable time, effort and funds are expended and little or no new public input is received.  In some instances, desirable revisions to existing access facilities, or the establishment of new access control, could be negotiated with abutting owners but are abandoned because of the time and cost of the hearing process.

The state and federal Environmental Protection Acts and state Department of Transportation procedures require substantial public involvement on all major projects.  These requirements have led DOT to develop an extensive public involvement program which emphasizes public participation early in the planning process.

SUMMARY:

The establishment of access control without a public hearing is permitted after the publication of a notice of opportunity for a limited access hearing and no requests for a hearing are received.  This grant of authority is subject to the following conditions:  (1) The limited access facility lies entirely within state or federal lands and the agencies with jurisdiction agree to the access plan; or (2) the access rights to the affected section of roadway have previously been purchased or established by others; or (3) the limited access facility would not significantly change local road use and all affected agencies and abutting property owners agree in writing that a hearing is not necessary.  The Department of Transportation must submit an access report and hold a hearing if abutting property owners or affected agencies request a hearing on or before the date stated in the notice for a hearing.

Notice of the hearing is given by mail, or publication in a newspaper of general circulation.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Don Lund, Department of Transportation.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The elimination of unnecessary limited access hearings will save all the interested parties time and money.

House Committee - Testimony Against:      None Presented.