H-4322              _______________________________________________

                                                   HOUSE BILL NO. 1843

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Cantwell, Schmidt, Sanders, Walk, Ferguson, Patrick, Heavey, Ebersole, S. Wilson, Day, R. King, J. Williams, Beck, Wineberry, Meyers, Betrozoff, Todd, Winsley, May and P. King

Read first time 1/27/88 and referred to Committee on Transportation.

AN ACT Relating to economic development considerations in state highway construction programs; and amending RCW 47.04.010, 47.05.030, and 47.05.051.

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

        Sec. 1.  Section 47.04.010, chapter 13, Laws of 1961 as last amended by section 50, chapter 62, Laws of 1975 and RCW 47.04.010 are each amended to read as follows:

          The following words and phrases, wherever used in this title, shall have the meaning as in this section ascribed to them, unless where used the context thereof shall clearly indicate to the contrary or unless otherwise defined in the chapter of which they are a part:

          (1) "Alley."  A  highway within the ordinary meaning of alley not designated for general travel and primarily used as a means of access to the rear of residences and business establishments;

          (2) "Arterial highway."  Every  highway, as herein defined, or portion thereof designated as such by proper authority;

          (3) "Business district."  The territory contiguous to and including a highway, as herein defined, when within any six hundred feet  along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway;

          (4) "Center line."  The line, marked or unmarked parallel to and equidistant from the sides of  a two-way traffic roadway of a  highway except where otherwise indicated by painted lines or markers;

          (5) "Center of intersection."  The point of intersection of the center lines of the roadways of intersecting  highways;

          (6) "City street."  Every  highway as herein defined, or part thereof located within the limits of incorporated cities and towns, except alleys;

          (7) "Combination of vehicles."  Every combination of motor vehicle and motor vehicle, motor vehicle and trailer, or motor vehicle and semitrailer;

          (8) "Commercial vehicle."  Any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire;

          (9) "County road."  Every  highway as herein defined, or part thereof, outside the limits of incorporated cities and towns and which has not been designated as a state highway, or branch thereof;

          (10) "Crosswalk."  The portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk;

          (11) "Economic development."  The creation of new or improved public or private capital facilities or creation or expansion of enterprise, or any combination of the foregoing, through the application of new investment that produces new employment or accommodates population expansion;

(12) "Intersection area."  (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral  boundary lines of the roadways of two or more  highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;

          (b) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.  In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection;

          (c) The junction of an alley with a street or highway shall not constitute an intersection;

          (((12))) (13) "Intersection control area."  The intersection area as herein defined, together with such modification of the adjacent roadway area as results from the arc or curb corners and together with any marked or unmarked crosswalks adjacent to the intersection;

          (((13))) (14) "Laned highway."  A highway the roadway of which is divided into clearly marked lanes for vehicular traffic;

          (((14))) (15) "Local authorities."  Every county, municipal, or other local public board or body having authority to adopt local police regulations under the Constitution and laws of this state;

          (((15))) (16) "Marked crosswalk."  Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof;

          (((16))) (17) "Metal tire."  Every tire, the bearing surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material;

          (((17))) (18) "Motor truck."  Any motor vehicle, as herein defined, designed or used for the transportation of commodities, merchandise, produce, freight, or animals;

          (((18))) (19) "Motor vehicle."  Every vehicle, as herein defined, which is in itself a self-propelled unit;

          (((19))) (20) "Multiple lane highway."  Any  highway the roadway of which is of sufficient width to reasonably accommodate  two or more separate lanes of vehicular traffic in  the same direction, each lane  of which shall be not less than the maximum legal vehicle width, and whether or not such lanes are marked;

          (((20))) (21) "Operator."  Every person who drives or is in actual physical control of a  vehicle as herein defined;

          (((21))) (22) "Peace officer."  Any officer authorized by law to execute criminal process or to make arrests for the violation of the statutes generally or of any particular statute or statutes relative to the  highways of this state;

          (((22))) (23) "Pedestrian."  Any person afoot;

          (((23))) (24) "Person."  Every natural person, firm, copartnership, corporation, association, or organization;

          (((24))) (25) "Pneumatic tires."  Every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon;

          (((25))) (26) "Private road or driveway."  Every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons;

          (((26))) (27) "Highway."  Every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;

          (((27))) (28) "Railroad."  A carrier of persons or property upon vehicles, other than street cars, operated upon stationary rails, the route of which is principally outside incorporated cities and towns;

          (((28))) (29) "Railroad sign or signal."  Any sign, signal, or device erected by authority of a public body or official or by a  railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

          (((29))) (30) "Residence district."  The territory contiguous to and including the  highway, as herein defined, not comprising a business district, as herein defined, when the property on such   highway for a continuous distance of three hundred feet or more on either side thereof is in the main improved with residences or residences and buildings in use for business;

          (((30))) (31) "Roadway."  The paved, improved, or proper driving portion of a  highway designed, or ordinarily used for vehicular travel;

          (((31))) (32) "Safety zone."  The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise so as to be plainly discernible;

          (((32))) (33) "Sidewalk."  That property between the curb lines or the lateral lines of a roadway, as herein defined, and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a  highway and dedicated to use by pedestrians;

          (((33))) (34) "Solid tire."  Every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load thereon;

          (((34))) (35) "State highway."  Every  highway as herein defined, or part thereof, which has been designated as a state highway, or branch thereof, by legislative enactment;

          (((35))) (36) "Street car."  A vehicle other than a train, as herein defined, for the transporting of persons or property and operated upon stationary rails principally within incorporated cities and towns;

          (((36))) (37) "Traffic."  Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any highways for purposes of travel;

          (((37))) (38) "Traffic control signal."  Any traffic device, as herein defined, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled;

          (((38))) (39) "Traffic devices."  All signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic;

          (((39))) (40) "Train."  A vehicle propelled by steam, electricity, or other motive power with or without cars coupled thereto, operated upon stationary rails, except street cars;

          (((40))) (41) "Vehicle."  Every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a  highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

          Words and phrases used herein in the past, present, or future tense shall include the past, present, and future tenses; words and phrases used herein in the masculine, feminine, or neuter gender shall include the masculine, feminine, and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary.

        Sec. 2.  Section 3, chapter 173, Laws of 1963 as last amended by section 2, chapter 179, Laws of 1987 and RCW 47.05.030 are each amended to read as follows:

          The transportation commission shall adopt and periodically revise, after consultation with the legislative transportation committee, a comprehensive six-year program and financial plan for highway improvements specifying program objectives for each of the highway categories, "A," "B," "C," and "H," defined in this section, and within the framework of estimated funds for such period.  The program and plan shall be based upon the  improvement needs for state highways as determined by the department from time to time.

          With such reasonable deviations as may be required to effectively utilize the estimated funds and to adjust to unanticipated delays in programmed projects, the commission shall allocate the estimated funds among the following described categories of highway improvements, so as to carry out  the commission's program objectives:

          (1) Category A shall consist of those improvements necessary to sustain the structural, safety, and operational integrity of the existing state highway system (other than improvements to the interstate system to be funded with federal aid at the regular interstate rate under federal law and regulations, and improvements designated in subsections (2) through (4) of this section).

          (2) Category B shall consist of improvements for the continued development of the interstate system to be funded with federal aid at the regular interstate rate under federal law and regulations.

          (3) Category C shall consist of the development of major noninterstate transportation improvements (((other than improvements to the interstate system to be funded with federal aid at the regular interstate rate under federal law and regulations))), including improvements necessitated by economic development and including designated but unconstructed highways which are vital to the state-wide transportation network.

          (4) Category H shall consist of those improvements necessary to sustain the structural and operational integrity of existing bridges on the highway system (other than bridges on the interstate system or bridge work included in another category because of its association with a highway project in such category).

          Projects which are financed one hundred percent by federal funds or other agency funds shall, if the commission determines that such work will improve the state highway system, be managed separately from the above categories.

        Sec. 3.  Section 4, chapter 143, Laws of 1975 1st ex. sess. as last amended by section 5, chapter 179, Laws of 1987 and RCW 47.05.051 are each amended to read as follows:

          (1) The comprehensive six-year program and financial plan for each category of highway improvements shall be based upon a priority selection system within the program objectives established for each category.  The commission using the criteria set forth in RCW 47.05.030, as now or hereafter amended, shall determine the category of each highway improvement.

          (2) Selection of specific category A and H projects for the six-year program shall take into account the criteria set forth in subsection (4) of this section.

          (3) Selection of specific category B projects for the six-year program shall be based on commission established priorities for completion and preservation of the interstate system.

          (4) In selecting each category A and H project as provided in subsection (2) of this section, the following criteria (not necessarily in order of importance) shall be taken into consideration:

          (a) Its structural ability to carry loads imposed upon it;

          (b) Its capacity to move traffic at reasonable speeds without undue congestion;

          (c) Its adequacy of alignment and related geometrics;

          (d) Its accident experience; and

          (e) Its fatal accident experience.

          (5) The transportation commission in carrying out the provisions of this section may delegate to the department of transportation the authority to select category A, B, and H improvements to be included in the six-year program.

          (6) Selection of specific category C projects for the six-year program shall be based on the priority of each highway section proposed to be improved in relation to other highway sections within the state with full regard to the structural, geometric, safety, and operational adequacy of the existing highway section taking into account the following:

          (a) Continuity of development of the highway transportation network;

          (b) Coordination with the development of other modes of transportation;

          (c) The stated long range goals of the local area and its transportation plan;

          (d) Growth due to economic development;

(e) Its potential social, economic, and environmental impacts;

          (((e))) (f) Public views concerning proposed improvements;

          (((f))) (g) The conservation of energy resources and the capacity of the transportation corridor to move people and goods safely and at reasonable speeds; and

          (((g))) (h) Feasibility of financing the full proposed improvement.

          (7) The commission ((in selecting any project for improvement in categories A, B, C, or H)) shall review and  may depart from the previously established priority of projects ((so established)) for categories A, B, C, or H in response to any one or more of the following:  (a) To the extent that otherwise funds cannot be utilized feasibly within the program, (b) as may be required by a court judgment, legally binding agreement, or state and federal laws and regulations, (c) as may be required to coordinate with federal, local, or other state agency construction projects, (d) to take advantage of some substantial financial benefit that may be available, including private sector or local government contributions to a project, (e) for continuity of route development, or (f) because of changed financial or physical conditions of an unforeseen or emergent nature.  The commission shall maintain in its files information sufficient to show the extent to which the commission has departed from the established priority of projects.

          (8) The comprehensive six-year program and financial plan for highway improvements shall be revised biennially pursuant to RCW 47.05.040 ((as now or hereafter amended)).  The adopted program and plan shall be extended for an additional two years, to six years in the future, effective on July 1st of each odd-numbered year.