Senate Chamber, Olympia, Tuesday, April 19, 2011

 

The Senate was called to order at 9:30 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present with the exception of Senators Hewitt, Parlette and Zarelli.

The Sergeant at Arms Color Guard consisting of Pages Clayton McAuliffe and Logan Corbin, presented the Colors. Senator Shin offered the prayer.

 

MOTION

 

On motion of Senator Ericksen, Senators Benton, Parlette and Zarelli were excused.

 

MOTION

 

On motion of Senator Eide, the reading of the Journal of the previous day was dispensed with and it was approved.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the first order of business.

 

 

REPORTS OF STANDING COMMITTEES

 

April 15, 2011

SB 5534             Prime Sponsor, Senator Murray: Concerning the business and occupation taxation of newspapers.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5534 be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Baumgartner; Baxter; Brown; Hatfield; Hewitt; Holmquist Newbry; Honeyford; Kastama; Keiser; Kohl-Welles; Pridemore; Regala; Schoesler and Tom.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senator Rockefeller.

 

Passed to Committee on Rules for second reading.

 

April 15, 2011

SB 5920             Prime Sponsor, Senator Murray: Limiting the annual increase amounts in the public employees' retirement system plan 1 and the teachers' retirement system plan 1.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5920 be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Brown; Hatfield; Hewitt; Honeyford; Kastama; Keiser; Kohl-Welles; Pridemore; Rockefeller; Schoesler and Tom.

 

MINORITY recommendation:  Do not pass.  Signed by Senators Conway and Fraser.

 

MINORITY recommendation:  That it be referred without recommendation.  Signed by Senator Baumgartner.

 

Passed to Committee on Rules for second reading.

 

April 15, 2011

SB 5929             Prime Sponsor, Senator Keiser: Concerning enrollment in state purchased medical programs by children ineligible for federally financed care.  Reported by Committee on Ways & Means

 

MAJORITY recommendation:  That Substitute Senate Bill No. 5929 be substituted therefor, and the substitute bill do pass.  Signed by Senators Murray, Chair; Kilmer, Vice Chair, Capital Budget Chair; Zarelli; Parlette; Baumgartner; Baxter; Brown; Fraser; Hatfield; Hewitt; Holmquist Newbry; Honeyford; Kastama; Keiser; Kohl-Welles; Pflug; Pridemore; Regala; Rockefeller; Schoesler and Tom.

 

Passed to Committee on Rules for second reading.

 

MOTION

 

On motion of Senator Eide, all measures listed on the Standing Committee report were referred to the committees as designated.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the third order of business.

 

MESSAGE FROM THE GOVERNOR

GUBERNATORIAL APPOINTMENTS

 

March 22, 2011

TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

I have the honor to submit the following appointment, subject to your confirmation.

JAMES GLOVER, appointed March 22, 2011, for the term ending October 1, 2014, as Member of the Small Business Export Finance Assistance Center Board of Directors.

Sincerely,

CHRISTINE O. GREGOIRE, Governor

Referred to Committee on Economic Development, Trade & Innovation.

 

MOTION

 

On motion of Senator Eide, the appointee listed on the Gubernatorial Appointment report was referred to the committee as designated.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 18, 2011

 

MR. PRESIDENT:

The House concurred in the Senate amendments to the following bills and passed the bills as amended by the Senate:

HOUSE BILL NO. 1544,

SUBSTITUTE HOUSE BILL NO. 1560,

ENGROSSED HOUSE BILL NO. 1969,

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the fifth order of business.

 

INTRODUCTION AND FIRST READING

 

SJM 8010           by Senators Stevens, Benton, Baxter, Pflug, Ericksen, Swecker, Zarelli, Carrell, Holmquist Newbry, Becker, Honeyford and Schoesler

 

Requesting the transportation security administration reconsider its use of the pat down search procedures adopted on October 28, 2010.

 

Referred to Committee on Transportation.

 

MOTION

 

      On motion of Senator Eide, the measure listed on the Introduction and First Reading report was referred to the committee as designated.

 

MOTION

 

At 9:43 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

The Senate was called to order at 11:18 a.m. by President Owen.

 

MOTION

 

On motion of Senator Eide, the Senate reverted to the fourth order of business.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 5625 and ask the House to recede therefrom.

      Senator Hargrove spoke in favor of passage of the bill.

      The President declared the question before the Senate to be the motion by Senator Hargrove that the Senate refuse to concur in the House amendment(s) to Senate Bill No. 5625 and ask the House to recede therefrom.

The motion by Senator Hargrove carried and the Senate refused to concur in the House amendment(s) to Senate Bill No. 5625 and asked the House to recede therefrom.

 

MESSAGE FROM THE HOUSE

 

April 7, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5749 with the following amendment(s): 5749-S AMH ENGR H2505.E

0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 28B.95.020 and 2007 c 405 s 8 are each amended to read as follows:

      The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.

      (1) "Academic year" means the regular nine-month, three-quarter, or two-semester period annually occurring between August 1st and July 31st.

      (2) "Account" means the Washington advanced college tuition payment program account established for the deposit of all money received by the board from eligible purchasers and interest earnings on investments of funds in the account, as well as for all expenditures on behalf of eligible beneficiaries for the redemption of tuition units and for the development of any authorized college savings program pursuant to RCW 28B.95.150.

      (3) "Board" means the higher education coordinating board as defined in chapter 28B.76 RCW.

      (4) "Committee on advanced tuition payment" or "committee" means a committee of the following members:  The state treasurer, the director of the office of financial management, the executive director of the higher education coordinating board, or their designees, and two members to be appointed by the governor for four-year terms, one representing program participants and one private business representative with marketing, public relations, or financial expertise.

      (5) "Governing body" means the committee empowered by the legislature to administer the Washington advanced college tuition payment program.

      (6) "Contractual obligation" means a legally binding contract of the state with the purchaser and the beneficiary establishing that purchases of tuition units will be worth the same number of tuition units at the time of redemption as they were worth at the time of the purchase.

      (7) "Eligible beneficiary" means the person for whom the tuition unit will be redeemed for attendance at an institution of higher education.  The beneficiary is that person named by the purchaser at the time that a tuition unit contract is accepted by the governing body.  Qualified organizations, as allowed under section 529 of the federal internal revenue code, purchasing tuition unit contracts as future scholarships need not designate a beneficiary at the time of purchase.

      (8) "Eligible purchaser" means an individual or organization that has entered into a tuition unit contract with the governing body for the purchase of tuition units for an eligible beneficiary.  The state of Washington may be an eligible purchaser for purposes of purchasing tuition units to be held for granting Washington college bound scholarships.

      (9) "Full-time tuition charges" means resident tuition charges at a state institution of higher education for enrollments between ten credits and eighteen credit hours per academic term.

      (10) "Institution of higher education" means an institution that offers education beyond the secondary level and is recognized by the internal revenue service under chapter 529 of the internal revenue code.

      (11) "Investment board" means the state investment board as defined in chapter 43.33A RCW.

      (12) "State institution of higher education" means institutions of higher education as defined in RCW 28B.10.016.

      (13) "Tuition and fees" means undergraduate tuition and services and activities fees as defined in RCW 28B.15.020 and 28B.15.041 rounded to the nearest whole dollar.  For purposes of this chapter, services and activities fees do not include fees charged for the payment of bonds heretofore or hereafter issued for, or other indebtedness incurred to pay, all or part of the cost of acquiring, constructing, or installing any lands, buildings, or facilities.

      (14) "Tuition unit contract" means a contract between an eligible purchaser and the governing body, or a successor agency appointed for administration of this chapter, for the purchase of tuition units for a specified beneficiary that may be redeemed at a later date for an equal number of tuition units.

      (15) "Unit purchase price" means the minimum cost to purchase one tuition unit for an eligible beneficiary.  Generally, the minimum purchase price is one percent of the undergraduate tuition and fees for the current year, rounded to the nearest whole dollar, adjusted for the costs of administration and adjusted to ensure the actuarial soundness of the account.  The analysis for price setting shall also include, but not be limited to consideration of past and projected patterns of tuition increases, program liability, past and projected investment returns, and the need for a prudent stabilization reserve.

Sec. 2.  RCW 28B.95.030 and 2005 c 272 s 2 are each amended to read as follows:

      (1) The Washington advanced college tuition payment program shall be administered by the committee on advanced tuition payment which shall be chaired by the executive director of the board.  The committee shall be supported by staff of the board.

      (2)(a) The Washington advanced college tuition payment program shall consist of the sale of tuition units, which may be redeemed by the beneficiary at a future date for an equal number of tuition units regardless of any increase in the price of tuition, that may have occurred in the interval.

      (b) Each purchase shall be worth a specific number of or fraction of tuition units at each state institution of higher education as determined by the governing body.

      (c) The number of tuition units necessary to pay for a full year's, full-time undergraduate tuition and fee charges at a state institution of higher education shall be set by the governing body at the time a purchaser enters into a tuition unit contract.

      (d) The governing body may limit the number of tuition units purchased by any one purchaser or on behalf of any one beneficiary, however, no limit may be imposed that is less than that necessary to achieve four years of full-time, undergraduate tuition charges at a state institution of higher education.  The governing body also may, at its discretion, limit the number of participants, if needed, to ensure the actuarial soundness and integrity of the program.

      (e) While the Washington advanced college tuition payment program is designed to help all citizens of the state of Washington, the governing body may determine residency requirements for eligible purchasers and eligible beneficiaries to ensure the actuarial soundness and integrity of the program.

      (3)(a) No tuition unit may be redeemed until two years after the purchase of the unit.  Units may be redeemed for enrollment at any institution of higher education that is recognized by the internal revenue service under chapter 529 of the internal revenue code.

      (b) Units redeemed at a nonstate institution of higher education or for graduate enrollment shall be redeemed at the rate for state public institutions in effect at the time of redemption.

      (4) The governing body shall determine the conditions under which the tuition benefit may be transferred to another family member.  In permitting such transfers, the governing body may not allow the tuition benefit to be bought, sold, bartered, or otherwise exchanged for goods and services by either the beneficiary or the purchaser.

      (5) The governing body shall administer the Washington advanced college tuition payment program in a manner reasonably designed to be actuarially sound, such that the assets of the trust will be sufficient to defray the obligations of the trust including the costs of administration.  The governing body may, at its discretion, discount the minimum purchase price for certain kinds of purchases such as those from families with young children, as long as the actuarial soundness of the account is not jeopardized.

      (6) The governing body shall annually determine current value of a tuition unit.

      (7) The governing body shall promote, advertise, and publicize the Washington advanced college tuition payment program.

      (8) In addition to any other powers conferred by this chapter, the governing body may:

      (a) Impose reasonable limits on the number of tuition units or units that may be used in any one year;

      (b) Determine and set any time limits, if necessary, for the use of benefits under this chapter;

      (c) Impose and collect administrative fees and charges in connection with any transaction under this chapter;

      (d) Appoint and use advisory committees and the state actuary as needed to provide program direction and guidance;

      (e) Formulate and adopt all other policies and rules necessary for the efficient administration of the program;

      (f) Consider the addition of an advanced payment program for room and board contracts and also consider a college savings program;

      (g) Purchase insurance from insurers licensed to do business in the state, to provide for coverage against any loss in connection with the account's property, assets, or activities or to further insure the value of the tuition units;

      (h) Make, execute, and deliver contracts, conveyances, and other instruments necessary to the exercise and discharge of its powers and duties under this chapter;

      (i) Contract for the provision for all or part of the services necessary for the management and operation of the program with other state or nonstate entities authorized to do business in the state;

      (j) Contract for other services or for goods needed by the governing body in the conduct of its business under this chapter;

      (k) Contract with financial consultants, actuaries, auditors, and other consultants as necessary to carry out its responsibilities under this chapter;

      (l) Solicit and accept cash donations and grants from any person, governmental agency, private business, or organization; and

      (m) Perform all acts necessary and proper to carry out the duties and responsibilities of this program under this chapter.

Sec. 3.  RCW 28B.95.080 and 1997 c 289 s 8 are each amended to read as follows:

      The governing body shall annually evaluate, and cause to be evaluated by ((a nationally recognized)) the state actuary, the soundness of the account and determine the additional assets needed, if any, to defray the obligations of the account.  The governing body shall also adopt an actuarially sound and prudently predictable reserving strategy that provides long-term assets to meet the long-term obligations of the account.

      If funds are ((not sufficient)) determined by the governing body, based on actuarial analysis to be insufficient to ensure the actuarial soundness of the account, the governing body shall adjust the price of subsequent tuition credit purchases to ensure its soundness.

      If there are insufficient numbers of new purchases to ensure the actuarial soundness of the account, the governing body shall request such funds from the legislature as are required to ensure the integrity of the program.  Funds may be appropriated directly to the account or appropriated under the condition that they be repaid at a later date.  The repayment shall be made at such time that the account is again determined to be actuarially sound.

Sec. 4.  RCW 28B.95.150 and 2001 c 184 s 2 are each amended to read as follows:

      (1) The committee may establish a college savings program.  If such a program is established, the college savings program shall be established, in such form as may be determined by the committee, to be a qualified state tuition program as defined by the internal revenue service under section 529 of the internal revenue code, and shall be administered in a manner consistent with the Washington advanced college tuition payment program.  The committee, in planning and devising the program, shall consult with the state investment board, the state treasurer, ((a qualified actuarial consulting firm with appropriate expertise to evaluate such plans)) the state actuary, the legislative fiscal and higher education committees, and the institutions of higher education.

      (2) Up to two hundred thousand dollars of administrative fees collected from guaranteed education tuition program participants may be applied as a loan to fund the development of a college savings program.  This loan must be repaid with interest before the conclusion of the biennium in which the committee draws funds for this purpose from the advanced college tuition payment program account.

      (3) If such a college savings program is established, the college savings program account is created in the custody of the state treasurer for the purpose of administering the college savings program.  If created, the account shall be a discrete nontreasury account in the custody of the state treasurer.  Interest earnings shall be retained in accordance with RCW 43.79A.040.  Disbursements from the account, except for program administration, are exempt from appropriations and the allotment provisions of chapter 43.88 RCW.  Money used for program administration is subject to the allotment provisions, but without appropriation.

      (4) The committee, after consultation with the state investment board, shall determine the investment policies for the college savings program.  Program contributions may be invested by the state investment board or the committee may contract with an investment company licensed to conduct business in this state to do the investing.  The committee shall keep or cause to be kept full and adequate accounts and records of the assets of each individual participant in the college savings program.

      (5) Neither the state nor any eligible educational institution may be considered or held to be an insurer of the funds or assets of the individual participant accounts in the college savings program created under this section nor may any such entity be held liable for any shortage of funds in the event that balances in the individual participant accounts are insufficient to meet the educational expenses of the institution chosen by the student for which the individual participant account was intended.

      (6) The committee shall adopt rules to implement this section.  Such rules shall include but not be limited to administration, investment management, promotion, and marketing; compliance with internal revenue service standards; application procedures and fees; start-up costs; phasing in the savings program and withdrawals therefrom; deterrents to early withdrawals and provisions for hardship withdrawals; and reenrollment in the savings program after withdrawal.

      (7) The committee may, at its discretion, determine to cease operation of the college savings program if it determines the continuation is not in the best interest of the state.  The committee shall adopt rules to implement this section addressing the orderly distribution of assets.

Sec. 5.  RCW 44.44.040 and 2003 c 295 s 4 and 2003 c 92 s 2 are each reenacted and amended to read as follows:

      The office of the state actuary shall have the following powers and duties:

      (1) Perform all actuarial services for the department of retirement systems, including all studies required by law.

      (2) Advise the legislature and the governor regarding pension benefit provisions, and funding policies and investment policies of the state investment board.

      (3) Consult with the legislature and the governor concerning determination of actuarial assumptions used by the department of retirement systems.

      (4) Prepare a report, to be known as the actuarial fiscal note, on each pension bill introduced in the legislature which briefly explains the financial impact of the bill.  The actuarial fiscal note shall include:  (a) The statutorily required contribution for the biennium and the following twenty-five years; (b) the biennial cost of the increased benefits if these exceed the required contribution; and (c) any change in the present value of the unfunded accrued benefits.  An actuarial fiscal note shall also be prepared for all amendments which are offered in committee or on the floor of the house of representatives or the senate to any pension bill.  However, a majority of the members present may suspend the requirement for an actuarial fiscal note for amendments offered on the floor of the house of representatives or the senate.

      (5) Provide such actuarial services to the legislature as may be requested from time to time.

      (6) Provide staff and assistance to the committee established under RCW 41.04.276.

      (7) Provide actuarial assistance to the law enforcement officers' and firefighters' plan 2 retirement board as provided in chapter 2, Laws of 2003.  Reimbursement for services shall be made to the state actuary under RCW 39.34.130 and section 5(5), chapter 2, Laws of 2003.

(8) Provide actuarial assistance to the committee on advanced tuition payments pursuant to chapter 28B.95 RCW.  Reimbursement for services shall be made to the state actuary under RCW 39.34.130."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Tom moved that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5749 and request of the House a conference thereon.

The President declared the question before the Senate to be motion by Senator Tom that the Senate refuse to concur in the House amendment(s) to Substitute Senate Bill No. 5749 and request a conference thereon.

The motion by Senator Tom carried and the Senate refused to concur in the House amendment(s) to Substitute Senate Bill No. 5749 and requested of the House a conference thereon by voice vote.

 

APPOINTMENT OF CONFERENCE COMMITTEE

 

The President appointed as members of the Conference Committee on Substitute Senate Bill No. 5749 and the House amendment(s) thereto: Senators Brown, Hewitt and Tom.

 

MOTION

 

On motion of Senator Eide, the appointments to the conference committee were confirmed.

 

MOTION

 

On motion of Senator King, Senator Hewitt was excused.

 

MESSAGE FROM THE HOUSE

 

April 13, 2011

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1053 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate refuse to recede in the Senate amendment(s) to Substitute House Bill No. 1053 and request of the House a conference thereon.

The President declared the question before the Senate to be motion by Senator Kline that the Senate refuse to recede in the Senate amendment(s) to Substitute House Bill No. 1053 and request a conference thereon.

The motion by Senator Kline carried and the Senate refused to recede in the Senate amendment(s) to Substitute House Bill No. 1053 and requested of the House a conference thereon by voice vote.

 

APPOINTMENT OF CONFERENCE COMMITTEE

 

The President appointed as members of the Conference Committee on Substitute House Bill No. 1053 and the House amendment(s) thereto: Senators Hargrove, Kline and Pflug.

 

MOTION

 

On motion of Senator Eide, the appointments to the conference committee were confirmed.

 

MESSAGE FROM THE HOUSE

 

April 14, 2011

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1516 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Haugen moved that the Senate refuse to recede in the Senate amendment(s) to Substitute House Bill No. 1516 and request of the House a conference thereon.

The President declared the question before the Senate to be motion by Senator Haugen that the Senate refuse to recede in the Senate amendment(s) to Substitute House Bill No. 1516 and request a conference thereon.

The motion by Senator Haugen carried and the Senate refused to recede in the Senate amendment(s) to Substitute House Bill No. 1516 and requested of the House a conference thereon by voice vote.

 

APPOINTMENT OF CONFERENCE COMMITTEE

 

The President appointed as members of the Conference Committee on Substitute House Bill No. 1516 and the House amendment(s) thereto: Senators Haugen, King and White.

 

MOTION

 

On motion of Senator Eide, the appointments to the conference committee were confirmed.

 

MESSAGE FROM THE HOUSE

 

April 15, 2011

 

MR. PRESIDENT:

The House refuses to concur in the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 1793 and asks the Senate to recede therefrom.

and the same is herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hargrove moved that the Senate refuse to recede in the Senate amendment(s) to Substitute House Bill No. 1793 and request of the House a conference thereon.

The President declared the question before the Senate to be motion by Senator Hargrove that the Senate refuse to recede in the Senate amendment(s) to Substitute House Bill No. 1793 and request a conference thereon.

The motion by Senator Hargrove carried and the Senate refused to recede in the Senate amendment(s) to Substitute House Bill No. 1793 and requested of the House a conference thereon by voice vote.

 

APPOINTMENT OF CONFERENCE COMMITTEE

 

The President appointed as members of the Conference Committee on Substitute House Bill No. 1793 and the House amendment(s) thereto: Senators Harper, Carrell and Hargrove.

 

MOTION

 

On motion of Senator Eide, the appointments to the conference committee were confirmed.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5784 with the following amendment(s): 5784-S AMH HARR H2426.2

0)On page 2, beginning on line 19, strike all of section 2 and insert the following:

"Sec. 2.  RCW 43.372.070 and 2010 c 145 s 10 are each amended to read as follows:

      (1) The marine resources stewardship trust account is created in the state treasury.  All receipts from income derived from the investment of amounts credited to the account, any grants, gifts, or donations to the state for the purposes of marine management planning, marine spatial planning, data compilation, research, or monitoring, and any appropriations made to the account must be deposited in the account.  Moneys in the account may be spent only after appropriation.

      (2) Expenditures from the account may only be used for the purposes of marine management planning, marine spatial planning, research, monitoring, implementation of the marine management plan, and for the restoration or enhancement of marine habitat or resources.

(3) When moneys are deposited into the marine resources stewardship trust account, the governor must provide recommendations on expenditures from the account to the appropriate committees of the legislature prior to the next regular legislative session.  The recommended projects and activities must be consistent with:
      (a) The allowable uses of the marine resources stewardship trust account; and
      (b) The priority areas identified in the west coast governor's agreement on ocean health, entered into on September 18, 2006, and recognized in section 1 of this act."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Litzow moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5784.

      Senators Litzow and Ranker spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Litzow that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5784.

The motion by Senator Litzow carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5784 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5784, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5784, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 44; Nays, 2; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White

      Voting nay: Senators Holmquist Newbry and Honeyford

      Excused: Senators Hewitt, Parlette and Zarelli

SUBSTITUTE SENATE BILL NO. 5784, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

SIGNED BY THE PRESIDENT

 

The President signed:

SUBSTITUTE SENATE BILL NO. 5067,

SUBSTITUTE SENATE BILL NO. 5326,

SUBSTITUTE SENATE BILL NO. 5350,

ENGROSSED SUBSTITUTE SENATE BILL NO. 5371,

SUBSTITUTE SENATE BILL NO. 5392,

SUBSTITUTE SENATE BILL NO. 5394,

SECOND SUBSTITUTE SENATE BILL NO. 5427,

SUBSTITUTE SENATE BILL NO. 5436,

SUBSTITUTE SENATE BILL NO. 5445,

SUBSTITUTE SENATE BILL NO. 5451,

SUBSTITUTE SENATE BILL NO. 5452,

SUBSTITUTE SENATE BILL NO. 5504.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5540 with the following amendment(s): 5540-S AMH TR H2409.1

0)Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1.  The legislature recognizes that the safe transportation of children to and from school is a shared responsibility of the school district and the driving public.  In order to increase public awareness of their responsibility, it is the intent of the legislature that the state superintendent of public instruction coordinate with school districts and any other relevant agencies who voluntarily choose to participate in a national stop arm violation day annually between March 1st and May 15th.

NEW SECTION.  Sec. 2.  A new section is added to chapter 46.63 RCW to read as follows:

      (1) School districts may install and operate automated school bus safety cameras on school buses to be used for the detection of violations of RCW 46.61.370(1) if the use of the cameras is approved by a vote of the school district board of directors.  School districts are not required to take school buses out of service if the buses are not equipped with automated school bus safety cameras or functional automated safety cameras.  Further, school districts shall be held harmless from and not liable for any criminal or civil liability arising under the provisions of this section.

      (a) Automated school bus 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) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (2)(a)(i) of this section.  The law enforcement officer issuing the notice of infraction shall include a certificate or facsimile of the notice, based upon inspection of photographs, microphotographs, or electronic images produced by an automated school bus safety camera, stating the facts supporting the notice of infraction.  This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter.  The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction.  A person receiving a notice of infraction based on evidence detected by an automated school bus safety camera may respond to the notice by mail.

      (c) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (2) of this section.  If appropriate under the circumstances, a renter identified under subsection (2)(a)(i) of this section is responsible for an infraction.

      (d) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section.  No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.

      (e) If a school district installs and operates an automated school bus safety camera under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.  Further, any repair, replacement, or administrative work costs related to installing or repairing automated school bus safety cameras must be solely paid for by the manufacturer or vender of the cameras.  Before entering into a contract with the manufacturer or vendor of the equipment used under this subsection (1)(e), the school district must follow the competitive bid process as outlined in RCW 28A.335.190(1).

      (f) Any revenue collected from infractions detected through the use of automated school bus safety cameras, less the administration and operating costs of the cameras, must be remitted to school districts for school zone safety projects as determined by the school district using the automated school bus safety cameras.  The administration and operating costs of the cameras includes infraction enforcement and processing costs that are incurred by local law enforcement or local courts.

      (2)(a) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail:

      (i) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred;

      (ii) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction.  A statement provided under this subsection (2)(a)(ii) must be accompanied by a copy of a filed police report regarding the vehicle theft; or

      (iii) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.

      (b) Timely mailing of a statement under this subsection to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.

      (3) For purposes of this section, "automated school bus safety camera" means a device that is affixed to a school bus that is synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a vehicle at the time the vehicle is detected for an infraction identified in RCW 46.61.370(1).

Sec. 3.  RCW 46.61.370 and 1997 c 80 s 1 are each amended to read as follows:

      (1) The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.

      (2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.

      (3) The driver of a vehicle upon a highway with three or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.

      (4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging school children.

      (5) The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway.  The school bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading school children at such stops.

      (6) Except as provided in subsection (7) of this section, a person found to have committed an infraction of subsection (1) of this section shall be assessed a monetary penalty equal to twice the total penalty assessed under RCW 46.63.110.  This penalty may not be waived, reduced, or suspended.  Fifty percent of the money so collected shall be deposited into the school zone safety account in the custody of the state treasurer and disbursed in accordance with RCW 46.61.440(((3))) (5).

(7) An infraction of subsection (1) of this section detected through the use of an automated school bus safety camera under section 2 of this act is not a part of the registered owner's driving record under RCW 46.52.101 and 46.52.120, and must be processed in the same manner as parking infractions, including 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 for a violation of this section detected through the use of an automated school bus safety camera shall not exceed twice the monetary penalty for a violation of this section as provided under RCW 46.63.110.

Sec. 4.  RCW 46.63.030 and 2007 c 101 s 1 are each amended to read as follows:

      (1) A law enforcement officer has the authority to issue a notice of traffic infraction:

      (a) When the infraction is committed in the officer's presence;

      (b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;

      (c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;

      (d) When the infraction is detected through the use of a photo enforcement system under RCW 46.63.160; ((or))

      (e) When the infraction is detected through the use of an automated school bus safety camera under section 2 of this act; or
      (f) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170.

      (2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

      (3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.

      (4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the person responsible under RCW 46.55.105.  The notice must be entitled "Littering‑-Abandoned Vehicle" and give notice of the monetary penalty.  The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.

Sec. 5.  RCW 46.63.030 and 2010 c 249 s 5 are each amended to read as follows:

      (1) A law enforcement officer has the authority to issue a notice of traffic infraction:

      (a) When the infraction is committed in the officer's presence;

      (b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;

      (c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction; ((or))

      (d) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170; or
      (e) When the infraction is detected through the use of an automated school bus safety camera under section 2 of this act.

      (2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

      (3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.

      (4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the person responsible under RCW 46.55.105.  The notice must be entitled "Littering‑-Abandoned Vehicle" and give notice of the monetary penalty.  The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.

Sec. 6.  RCW 46.63.075 and 2005 c 167 s 3 are each amended to read as follows:

      (1) In a traffic infraction case involving an infraction detected through the use of a photo enforcement system under RCW 46.63.160, ((or)) detected through the use of an automated traffic safety camera under RCW 46.63.170, or detected through the use of an automated school bus safety camera under section 2 of this act, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.160 or 46.63.170, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.

      (2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

Sec. 7.  RCW 46.63.075 and 2010 c 249 s 7 are each amended to read as follows:

      (1) In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under RCW 46.63.170 or detected through the use of an automated school bus safety camera under section 2 of this act, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.170, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.

      (2) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

Sec. 8.  RCW 46.16A.120 and 2010 c 161 s 430 are each amended to read as follows:

      (1) Each court and government agency located in this state having jurisdiction over standing, stopping, and parking violations, the use of a photo enforcement system under RCW 46.63.160, ((and)) the use of automated traffic safety cameras under RCW 46.63.170, and the use of automated school bus safety cameras under section 2 of this act may forward to the department any outstanding:

      (a) Standing, stopping, and parking violations;

      (b) Photo enforcement infractions issued under RCW 46.63.030(1)(d); ((and))

      (c) Automated traffic safety camera infractions issued under RCW 46.63.030(1)(((e))) (f); and
      (d) Automated school bus safety camera infractions issued under RCW 46.63.030(1)(e).

      (2) Violations and infractions described in subsection (1) of this section must be reported to the department in the manner described in RCW 46.20.270(3).

      (3) The department shall:

      (a) Record the violations and infractions on the matching vehicle records; and

      (b) Send notice approximately one hundred twenty days in advance of the current vehicle registration expiration date to the registered owner listing the dates and jurisdictions in which the violations occurred, the amounts of unpaid fines and penalties, and the surcharge to be collected.  Only those violations and infractions received by the department one hundred twenty days or more before the current vehicle registration expiration date will be included in the notice.  Violations and infractions received by the department later than one hundred twenty days before the current vehicle registration expiration date that are not satisfied will be delayed until the next vehicle registration expiration date.

      (4) The department, county auditor or other agent, or subagent appointed by the director shall not renew a vehicle registration if there are any outstanding standing, stopping, and parking violations, and other infractions issued under RCW 46.63.030(1)(d) for the vehicle unless:

      (a) The outstanding((,)) standing, (([stopping,])) stopping, or parking violations were received by the department within one hundred twenty days before the current vehicle registration expiration;

      (b) There is a change in registered ownership; or

      (c) The registered owner presents proof of payment of each violation and infraction provided in this section and the registered owner pays the surcharge required under RCW 46.17.030.

      (5) The department shall:

      (a) Forward a change in registered ownership information to the court or government agency who reported the outstanding violations or infractions; and

      (b) Remove the outstanding violations and infractions from the vehicle record.

Sec. 9.  RCW 46.16A.120 and 2010 c 249 s 10 are each amended to read as follows:

      (((1) To renew a vehicle license, an applicant shall satisfy all listed standing, stopping, and parking violations, and civil penalties issued under RCW 46.63.160 for the vehicle incurred while the vehicle was registered in the applicant's name and forwarded to the department pursuant to RCW 46.20.270(3).  For the purposes of this section, "listed" standing, stopping, and parking violations, and civil penalties issued under RCW 46.63.160 include only those violations for which notice has been received from state or local agencies or courts by the department one hundred twenty days or more before the date the vehicle license expires and that are placed on the records of the department.  Notice of such violations received by the department later than one hundred twenty days before that date that are not satisfied shall be considered by the department in connection with any applications for license renewal in any subsequent license year.  The renewal application may be processed by the department or its agents only if the applicant:
      (a) Presents a preprinted renewal application showing no listed standing, stopping, or parking violations, or civil penalties issued under RCW 46.63.160, or in the absence of such presentation, the agent verifies the information that would be contained on the preprinted renewal application; or
      (b) If listed standing, stopping, or parking violations, or civil penalties issued under RCW 46.63.160 exist, presents proof of payment and pays a fifteen dollar surcharge.
      (2) The surcharge shall be allocated as follows:
      (a) Ten dollars shall be deposited in the motor vehicle fund to be used exclusively for the administrative costs of the department of licensing; and
      (b) Five dollars shall be retained by the agent handling the renewal application to be used by the agent for the administration of this section.
      (3) If there is a change in the registered owner of the vehicle, the department shall forward the information regarding the change to the state or local charging jurisdiction and release any hold on the renewal of the vehicle license resulting from parking violations or civil penalties issued under RCW 46.63.160 incurred while the certificate of license registration was in a previous registered owner's name.
      (4) The department shall send to all registered owners of vehicles who have been reported to have outstanding listed parking violations or civil penalties issued under RCW 46.63.160, at the time of renewal, a statement setting out the dates and jurisdictions in which the violations occurred as well as the amounts of unpaid fines and penalties relating to them and the surcharge to be collected.))

(1) Each court and government agency located in this state having jurisdiction over standing, stopping, and parking violations, the use of a photo toll system under RCW 46.63.160, the use of automated traffic safety cameras under RCW 46.63.170, and the use of automated school bus safety cameras under section 2 of this act may forward to the department any outstanding:
      (a) Standing, stopping, and parking violations;
      (b) Civil penalties for toll nonpayment detected through the use of photo toll systems issued under RCW 46.63.160;
      (c) Automated traffic safety camera infractions issued under RCW 46.63.030(1)(d); and
      (d) Automated school bus safety camera infractions issued under RCW 46.63.160(1)(e).
      (2) Violations, civil penalties, and infractions described in subsection (1) of this section must be reported to the department in the manner described in RCW 46.20.270(3).
      (3) The department shall:
      (a) Record the violations, civil penalties, and infractions on the matching vehicle records; and
      (b) Send notice approximately one hundred twenty days in advance of the current vehicle registration expiration date to the registered owner listing the dates and jurisdictions in which the violations, civil penalties, and infractions occurred, the amounts of unpaid fines and penalties, and the surcharge to be collected.  Only those violations, civil penalties, and infractions received by the department one hundred twenty days or more before the current vehicle registration expiration date will be included in the notice.  Violations, civil penalties, and infractions received by the department later than one hundred twenty days before the current vehicle registration expiration date that are not satisfied will be delayed until the next vehicle registration expiration date.
      (4) The department, county auditor or other agent, or subagent appointed by the director shall not renew a vehicle registration if there are any outstanding standing, stopping, and parking violations, and other civil penalties issued under RCW 46.63.160 for the vehicle unless:
      (a) The outstanding standing, stopping, or parking violations and civil penalties were received by the department within one hundred twenty days before the current vehicle registration expiration;
      (b) There is a change in registered ownership; or
      (c) The registered owner presents proof of payment of each violation, civil penalty, and infraction provided in this section and the registered owner pays the surcharge required under RCW 46.17.030.
      (5) The department shall:
      (a) Forward a change in registered ownership information to the court or government agency who reported the outstanding violations, civil penalties, or infractions; and
      (b) Remove the outstanding violations, civil penalties, and infractions from the vehicle record.

NEW SECTION.  Sec. 10.  Sections 5, 7, and 9 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational.  A notice of certification must be filed with the code reviser for publication in the state register.  If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 5, 7, and 9 of this act are null and void."

Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Hobbs moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5540.

      Senator Hobbs spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Hobbs that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5540.

The motion by Senator Hobbs carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5540 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5540, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5540, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White

      Voting nay: Senator Pflug

      Excused: Senators Hewitt, Parlette and Zarelli

SUBSTITUTE SENATE BILL NO. 5540, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 6, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5579 with the following amendment(s): 5579-S AMH JUDI H2157.1

0)Strike everything after the enacting clause and insert the following:

"Sec. 1.  RCW 10.14.150 and 2005 c 196 s 1 are each amended to read as follows:

      (1) The district courts shall have original jurisdiction and cognizance of any civil actions and proceedings brought under this chapter, except the district court shall transfer such actions and proceedings to the superior court when it is shown that (a) the respondent to the petition is under eighteen years of age; (b) the action involves title or possession of real property; (c) a superior court has exercised or is exercising jurisdiction over a proceeding involving the parties; or (d) the action would have the effect of interfering with a respondent's care, control, or custody of the respondent's minor child.

      (2) Municipal courts may exercise jurisdiction and cognizance of any civil actions and proceedings brought under this chapter by adoption of local court rule, except the municipal court shall transfer such actions and proceedings to the superior court when it is shown that (a) the respondent to the petition is under eighteen years of age; (b) the action involves title or possession of real property; (c) a superior court has exercised or is exercising jurisdiction over a proceeding involving the parties; or (d) the action would have the effect of interfering with a respondent's care, control, or custody of the respondent's minor child.

      (3) Superior courts shall have concurrent jurisdiction to receive transfer of antiharassment petitions in cases where a district or municipal court judge makes findings of fact and conclusions of law showing that meritorious reasons exist for the transfer.  The municipal and district courts shall have jurisdiction and cognizance of any criminal actions brought under RCW 10.14.120 and 10.14.170.

Sec. 2.  RCW 10.14.020 and 2001 c 260 s 2 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Unlawful harassment" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to such person, and which serves no legitimate or lawful purpose.  The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the petitioner, or, when the course of conduct would cause a reasonable parent to fear for the well-being of their child.

      (2) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.  "Course of conduct" includes, in addition to any other form of communication, contact, or conduct, the sending of an electronic communication, but does not include constitutionally protected free speech.  Constitutionally protected activity is not included within the meaning of "course of conduct."

Sec. 3.  RCW 10.14.080 and 2001 c 311 s 1 are each amended to read as follows:

      (1) Upon filing a petition for a civil antiharassment protection order under this chapter, the petitioner may obtain an ex parte temporary antiharassment protection order.  An ex parte temporary antiharassment protection order may be granted with or without notice upon the filing of an affidavit which, to the satisfaction of the court, shows reasonable proof of unlawful harassment of the petitioner by the respondent and that great or irreparable harm will result to the petitioner if the temporary antiharassment protection order is not granted.

      (2) An ex parte temporary antiharassment protection order shall be effective for a fixed period not to exceed fourteen days or twenty-four days if the court has permitted service by publication under RCW 10.14.085.  The ex parte order may be reissued.  A full hearing, as provided in this chapter, shall be set for not later than fourteen days from the issuance of the temporary order or not later than twenty-four days if service by publication is permitted.  Except as provided in RCW 10.14.070 and 10.14.085, the respondent shall be personally served with a copy of the ex parte order along with a copy of the petition and notice of the date set for the hearing.  The ex parte order and notice of hearing shall include at a minimum the date and time of the hearing set by the court to determine if the temporary order should be made effective for one year or more, and notice that if the respondent should fail to appear or otherwise not respond, an order for protection will be issued against the respondent pursuant to the provisions of this chapter, for a minimum of one year from the date of the hearing.  The notice shall also include a brief statement of the provisions of the ex parte order and notify the respondent that a copy of the ex parte order and notice of hearing has been filed with the clerk of the court.

      (3) At the hearing, if the court finds by a preponderance of the evidence that unlawful harassment exists, a civil antiharassment protection order shall issue prohibiting such unlawful harassment.

      (4) An order issued under this chapter shall be effective for not more than one year unless the court finds that the respondent is likely to resume unlawful harassment of the petitioner when the order expires.  If so, the court may enter an order for a fixed time exceeding one year or may enter a permanent antiharassment protection order.  The court shall not enter an order that is effective for more than one year if the order restrains the respondent from contacting the respondent's minor children.  This limitation is not applicable to civil antiharassment protection orders issued under chapter 26.09, 26.10, or 26.26 RCW.  If the petitioner seeks relief for a period longer than one year on behalf of the respondent's minor children, the court shall advise the petitioner that the petitioner may apply for renewal of the order as provided in this chapter or if appropriate may seek relief pursuant to chapter 26.09 or 26.10 RCW.

      (5) At any time within the three months before the expiration of the order, the petitioner may apply for a renewal of the order by filing a petition for renewal.  The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order.  Upon receipt of the petition for renewal, the court shall order a hearing which shall be not later than fourteen days from the date of the order.  Except as provided in RCW 10.14.085, personal service shall be made upon the respondent not less than five days before the hearing.  If timely service cannot be made the court shall set a new hearing date and shall either require additional attempts at obtaining personal service or permit service by publication as provided by RCW 10.14.085.  If the court permits service by publication, the court shall set the new hearing date not later than twenty-four days from the date of the order.  If the order expires because timely service cannot be made the court shall grant an ex parte order of protection as provided in this section.  The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume harassment of the petitioner when the order expires.  The court may renew the protection order for another fixed time period or may enter a permanent order as provided in subsection (4) of this section.

      (6) The court, in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall have broad discretion to grant such relief as the court deems proper, including an order:

      (a) Restraining the respondent from making any attempts to contact the petitioner;

      (b) Restraining the respondent from making any attempts to keep the petitioner under surveillance;

      (c) Requiring the respondent to stay a stated distance from the petitioner's residence and workplace; and

      (d) Considering the provisions of RCW 9.41.800.

      (7) The court in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall not prohibit the respondent from exercising constitutionally protected free speech.  Nothing in this section prohibits the petitioner from utilizing other civil or criminal remedies to restrain conduct or communications not otherwise constitutionally protected.
      (8) The court in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall not prohibit the respondent from the use or enjoyment of real property to which the respondent has a cognizable claim unless that order is issued under chapter 26.09 RCW or under a separate action commenced with a summons and complaint to determine title or possession of real property.
      (9) The court in granting an ex parte temporary antiharassment protection order or a civil antiharassment protection order, shall not limit the respondent's right to care, control, or custody of the respondent's minor child, unless that order is issued under chapter 13.32A, 26.09, 26.10, or 26.26 RCW.
      (10) A petitioner may not obtain an ex parte temporary antiharassment protection order against a respondent if the petitioner has previously obtained two such ex parte orders against the same respondent but has failed to obtain the issuance of a civil antiharassment protection order unless good cause for such failure can be shown.

      (((8))) (11) The court order shall specify the date an order issued pursuant to subsections (4) and (5) of this section expires if any.  The court order shall also state whether the court issued the protection order following personal service or service by publication and whether the court has approved service by publication of an order issued under this section.

Sec. 4.  RCW 9A.46.040 and 1985 c 288 s 4 are each amended to read as follows:

      (1) Because of the likelihood of repeated harassment directed at those who have been victims of harassment in the past, when any defendant charged with a crime involving harassment is released from custody before trial on bail or personal recognizance, the court authorizing the release may require that the defendant:

      (a) Stay away from the home, school, business, or place of employment of the victim or victims of the alleged offense or other location, as shall be specifically named by the court in the order;

      (b) Refrain from contacting, intimidating, threatening, or otherwise interfering with the victim or victims of the alleged offense and such other persons, including but not limited to members of the family or household of the victim, as shall be specifically named by the court in the order.

      (2) An intentional violation of a court order issued under this section or an equivalent local ordinance is a misdemeanor.  The written order releasing the defendant shall contain the court's directives and shall bear the legend:  Violation of this order is a criminal offense under chapter 9A.46 RCW.  A certified copy of the order shall be provided to the victim by the clerk of the court.

Sec. 5.  RCW 9A.46.080 and 1985 c 288 s 8 are each amended to read as follows:

      The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved.  If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court.  Willful violation of a court order issued under this section or an equivalent local ordinance is a misdemeanor.  The written order shall contain the court's directives and shall bear the legend:  Violation of this order is a criminal offense under chapter 9A.46 RCW and will subject a violator to arrest.

NEW SECTION.  Sec. 6.  A new section is added to chapter 10.14 RCW to read as follows:

      Before granting an order under this chapter, the court may consult the judicial information system, if available, to determine criminal history or the pendency of other proceedings involving the parties."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Kline moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5579.

      Senator Kline spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Kline that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5579.

The motion by Senator Kline carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5579 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5579, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5579, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Sheldon, Shin, Stevens, Swecker, Tom and White

      Voting nay: Senator Schoesler

      Excused: Senators Hewitt, Parlette and Zarelli

SUBSTITUTE SENATE BILL NO. 5579, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MESSAGE FROM THE HOUSE

 

April 5, 2011

 

MR. PRESIDENT:

The House passed SUBSTITUTE SENATE BILL NO. 5590 with the following amendment(s): 5590-S AMH JUDI TANG 106

0)Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1.  A new section is added to chapter 61.24 RCW to read as follows:

      (1) Whenever (a) consummation of a written agreement for the purchase and sale of owner-occupied residential real property would result in contractual sale proceeds that are insufficient to pay in full the obligation owed to a senior beneficiary of a deed of trust encumbering the residential real property; and (b) the seller makes a written offer to the senior beneficiary to accept the entire net proceeds of the sale in order to facilitate closing of the purchase and sale; then the senior beneficiary must, within one hundred twenty days after the receipt of the written offer, deliver to the seller, in writing, an acceptance, rejection, or counter-offer of the seller's written offer.  The senior beneficiary may determine, in its sole discretion, whether to accept, reject, or counter-offer the seller's written offer.

      (2) This section applies only when the written offer to the senior beneficiary is received by the senior beneficiary prior to the issuance of a notice of default.  The offer must include a copy of the purchase and sale agreement.  The offer must be sent to the address of the senior beneficiary or the address of a party acting as a servicer of the obligation secured by the deed of trust. 

      (3) A seller has a right of action for actual monetary damages incurred as a result of the senior beneficiary's failure to comply with the requirements of subsection (1) of this section.

      (4) A senior beneficiary is not liable for the actions or inactions of any other lien holder.

      (5)(a) This section does not apply to deeds of trust: (i) securing a commercial loan; (ii) securing obligations of a grantor who is not the borrower or a guarantor; or (iii) securing a purchaser's obligations under a seller-financed sale.

      (b) This section does not apply to beneficiaries that are exempt from section 7, chapter ___ (2SHB 1362), laws of 2011, if enacted, or if not enacted, to beneficiaries that conduct fewer than two hundred fifty trustee sales per year.

      (6) This section does not alter a beneficiary's right to issue a notice of default and does not lengthen or shorten any time period imposed or required under this chapter.

Sec. 2.  RCW 61.24.127 and 2009 c 292 s 6 are each amended to read as follows:

      (1) The failure of the borrower or grantor to bring a civil action to enjoin a foreclosure sale under this chapter may not be deemed a waiver of a claim for damages asserting:

      (a) Common law fraud or misrepresentation;

      (b) A violation of Title 19 RCW; ((or))

      (c) Failure of the trustee to materially comply with the provisions of this chapter; or
      (d) A violation of section 1 of this act.

      (2) The nonwaived claims listed under subsection (1) of this section are subject to the following limitations:

      (a) The claim must be asserted or brought within two years from the date of the foreclosure sale or within the applicable statute of limitations for such claim, whichever expires earlier;

      (b) The claim may not seek any remedy at law or in equity other than monetary damages;

      (c) The claim may not affect in any way the validity or finality of the foreclosure sale or a subsequent transfer of the property;

      (d) A borrower or grantor who files such a claim is prohibited from recording a lis pendens or any other document purporting to create a similar effect, related to the real property foreclosed upon;

      (e) The claim may not operate in any way to encumber or cloud the title to the property that was subject to the foreclosure sale, except to the extent that a judgment on the claim in favor of the borrower or grantor may, consistent with RCW 4.56.190, become a judgment lien on real property then owned by the judgment debtor; and

      (f) The relief that may be granted for judgment upon the claim is limited to actual damages.  However, if the borrower or grantor brings in the same civil action a claim for violation of chapter 19.86 RCW, arising out of the same alleged facts, relief under chapter 19.86 RCW is limited to actual damages, treble damages as provided for in RCW 19.86.090, and the costs of suit, including a reasonable attorney's fee.

      (((4) [(3)])) (3) This section applies only to foreclosures of owner-occupied residential real property.

      (((5) [(4)])) (4) This section does not apply to the foreclosure of a deed of trust used to secure a commercial loan.

Sec. 3.  RCW 61.24.005 and 2009 c 292 s 1 are each amended to read as follows:

      The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

      (1) "Affiliate of beneficiary" means any entity which controls, is controlled by, or is under common control with a beneficiary.

      (2) "Beneficiary" means the holder of the instrument or document evidencing the obligations secured by the deed of trust, excluding persons holding the same as security for a different obligation.

      (3) "Borrower" means a person or a general partner in a partnership, including a joint venture, that is liable for all or part of the obligations secured by the deed of trust under the instrument or other document that is the principal evidence of such obligations, or the person's successors if they are liable for those obligations under a written agreement with the beneficiary.

      (4) "Commercial loan" means a loan that is not made primarily for personal, family, or household purposes.

      (5) "Fair value" means the value of the property encumbered by a deed of trust that is sold pursuant to a trustee's sale.  This value shall be determined by the court or other appropriate adjudicator by reference to the most probable price, as of the date of the trustee's sale, which would be paid in cash or other immediately available funds, after deduction of prior liens and encumbrances with interest to the date of the trustee's sale, for which the property would sell on such date after reasonable exposure in the market under conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under duress.

      (6) "Grantor" means a person, or its successors, who executes a deed of trust to encumber the person's interest in property as security for the performance of all or part of the borrower's obligations.

      (7) "Guarantor" means any person and its successors who is not a borrower and who guarantees any of the obligations secured by a deed of trust in any written agreement other than the deed of trust.

      (8) "Owner-occupied" means property that is the principal residence of the borrower.

      (9) "Person" means any natural person, or legal or governmental entity.

      (10) "Record" and "recorded" includes the appropriate registration proceedings, in the instance of registered land.

      (11) "Residential real property" means property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit.

      (12) "Senior beneficiary" means the beneficiary of a deed of trust that has priority over any other deeds of trust encumbering the same residential real property."

      (13) "Tenant-occupied property" means property consisting solely of residential real property that is the principal residence of a tenant subject to chapter 59.18 RCW or other building with four or fewer residential units that is the principal residence of a tenant subject to chapter 59.18 RCW.

      (((13))) (14) "Trustee" means the person designated as the trustee in the deed of trust or appointed under RCW 61.24.010(2).

      (((14))) (15) "Trustee's sale" means a nonjudicial sale under a deed of trust undertaken pursuant to this chapter."

      Correct the title.

and the same are herewith transmitted.

 

BARBARA BAKER, Chief Clerk

 

MOTION

 

Senator Benton moved that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5590.

      Senator Benton spoke in favor of the motion.

 

The President declared the question before the Senate to be the motion by Senator Benton that the Senate concur in the House amendment(s) to Substitute Senate Bill No. 5590.

The motion by Senator Benton carried and the Senate concurred in the House amendment(s) to Substitute Senate Bill No. 5590 by voice vote.

The President declared the question before the Senate to be the final passage of Substitute Senate Bill No. 5590, as amended by the House.

 

ROLL CALL

 

      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5590, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Baumgartner, Baxter, Becker, Benton, Brown, Carrell, Chase, Conway, Delvin, Eide, Ericksen, Fain, Fraser, Hargrove, Harper, Hatfield, Haugen, Hill, Hobbs, Holmquist Newbry, Honeyford, Kastama, Keiser, Kilmer, King, Kline, Kohl-Welles, Litzow, McAuliffe, Morton, Murray, Nelson, Pflug, Prentice, Pridemore, Ranker, Regala, Roach, Rockefeller, Schoesler, Sheldon, Shin, Stevens, Swecker, Tom and White

      Excused: Senators Hewitt, Parlette and Zarelli

SUBSTITUTE SENATE BILL NO. 5590, as amended by the House, having received the constitutional majority, was declared passed.  There being no objection, the title of the bill was ordered to stand as the title of the act.

 

MOTION

 

At 11:49 a.m., on motion of Senator Eide, the Senate was declared to be at ease subject to the call of the President.

 

AFTERNOON SESSION

 

The Senate was called to order at 12:12 p.m. by President Owen.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the sixth order of business.

 

MOTION TO LIMIT DEBATE

 

Senator Eide: “Mr. President, I move that the members of the Senate be allowed to speak but once on each question before the Senate, that such speech be limited to three minutes and that members be prohibited from yielding their time, however, the maker of a motion shall be allowed to open and close debate. This motion shall be in effect through April 19, 2011.”

The President declared the question before the Senate to be the motion by Senator Eide to limit debate.

The motion by Senator Eide carried and debate was limited through August 9, 2011 by voice vote.

 

SECOND READING

 

ENGROSSED SUBSTITUTE HOUSE BILL NO. 1175, by House Committee on Transportation (originally sponsored by Representatives Clibborn, Armstrong, Liias and Billig)

 

Making 2011-13 transportation appropriations. Revised for 1st Substitute: Making transportation appropriations for the 2009-2011 and 2011-2013 fiscal biennia.

 

The measure was read the second time.

 

MOTION

 

Senator Haugen moved that the following striking amendment by Senator Haugen and others be adopted:

0)Strike everything after the enacting clause and insert the following:

 

"2011-2013 FISCAL BIENNIUM

 

NEW SECTION.  Sec. 1.  (1) The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2013.

      (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.

      (a) "Fiscal year 2012" or "FY 2012" means the fiscal year ending June 30, 2012.

      (b) "Fiscal year 2013" or "FY 2013" means the fiscal year ending June 30, 2013.

      (c) "FTE" means full-time equivalent.

      (d) "Lapse" or "revert" means the amount shall return to an unappropriated status.

      (e) "Provided solely" means the specified amount may be spent only for the specified purpose.  Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.

(f) "Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.

(g) "LEAP" means the legislative evaluation and accountability program committee.

 

2011-2013 FISCAL BIENNIUM
GENERAL GOVERNMENT AGENCIES‑-OPERATING

NEW SECTION.  Sec. 101.  FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION

 

Motor Vehicle Account--State Appropriation          $430,000

      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.

NEW SECTION.  Sec. 102.  FOR THE UTILITIES AND TRANSPORTATION COMMISSION

Grade Crossing Protective Account‑-State

Appropriation.............................................................. $504,000

NEW SECTION.  Sec. 103.  FOR THE OFFICE OF FINANCIAL MANAGEMENT

Motor Vehicle Account‑-State Appropriation.......... $2,216,000

Puget Sound Ferry Operations Account‑-State

Appropriation........................................................... $4,624,000

TOTAL APPROPRIATION.................................... $6,840,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The office of financial management, in consultation with the transportation committees of the legislature, shall conduct a budget evaluation study for the new traffic management center proposed by the department of transportation.  The study must consider data resulting from the plan identified in section 604 of this act.  The budget evaluation study team approach using value engineering techniques must be utilized by the office of financial management in conducting the study.  The office of financial management shall select the budget evaluation study team members, contract for the study, and report the results to the transportation committees of the legislature and the department of transportation in a timely manner following the study.  Options reviewed must include use of existing facilities, including the Wheeler building data center in Olympia.  Funds allocated for the new traffic management center must be used by the office of financial management through an interagency agreement with the department of transportation to cover the cost of the study.

      (2) $4,480,000 of the Puget Sound ferry operations account--state appropriation is provided solely for marine insurance.  The appropriation is intended to fully fund a two-year policy, and the office of financial management shall increase the deductible to $10,000,000 and reduce components of the policy in order to keep the total cost of the two-year policy at or below the appropriation in this subsection.

      (3) The office of financial management shall review the department of transportation's predesign requirements for Washington state ferry vessel and terminal projects and modify the requirements such that the requirements continue to meet legal mandates without placing an undue burden on the department.

      (4) The office of financial management shall provide to the transportation committees of the legislature, on a quarterly basis, a listing of all demands to bargain with respect to ferry labor relations and the issue that gave rise to the demand to bargain.

      (5) $840,000 of the motor vehicle account--state appropriation is provided out of funds set aside out of statewide fuel taxes distributed to counties according to RCW 46.68.120(3) solely for the office of financial management to contract with the Washington state association of counties to identify, evaluate, and implement performance measures associated with county transportation activities.  The performance measures must include, at a minimum, those related to safety, system preservation, mobility, environmental protection, and project completion.  A report on the county transportation performance implementation project must be provided to the transportation committees of the legislature by December 31, 2012.

      (6) $169,000 of the motor vehicle account--state appropriation is provided solely for the office of regulatory assistance integrated permitting project.

      (7) $40,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the state's share of the marine salary survey.

      (8) The office of financial management shall study the available data regarding statewide transit, bicycle, and pedestrian trips and recommend additional performance measures that will effectively measure the state's performance in increasing transit ridership and bicycle and pedestrian trips.  The office of financial management shall report its findings and recommendations to the transportation committees of the legislature by November 15, 2011, and integrate the new performance measures into the report prepared by the office of financial management pursuant to RCW 47.04.280 regarding progress towards achieving Washington state's transportation system policy goals.

NEW SECTION.  Sec. 104.  FOR THE STATE PARKS AND RECREATION COMMISSION

Motor Vehicle Account‑-State Appropriation............. $986,000

      The appropriation in this section is subject to the following conditions and limitations:  The entire appropriation in this section is provided solely for road maintenance purposes.

NEW SECTION.  Sec. 105.  FOR THE DEPARTMENT OF AGRICULTURE

Motor Vehicle Account‑-State Appropriation.......... $1,210,000

      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) $686,000 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.

NEW SECTION.  Sec. 106.  FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE

Motor Vehicle Account‑-State Appropriation............. $513,000

 

TRANSPORTATION AGENCIES—OPERATING

 

NEW SECTION.  Sec. 201.  FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION

Highway Safety Account‑-State Appropriation....... $3,003,000

Highway Safety Account‑-Federal Appropriation. $42,625,000

Highway Safety Account--Local Appropriation........... $50,000

School Zone Safety Account‑-State Appropriation.. $3,340,000

TOTAL APPROPRIATION.................................. $49,018,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $1,673,900 of the highway safety account--federal appropriation is provided solely for the conclusion of the target zero trooper pilot program, which the commission has developed and implemented in collaboration with the Washington state patrol.  The pilot program must continue to demonstrate the effectiveness of intense, high visibility, driving under the influence enforcement in Washington.  The commission shall continue to apply to the national highway traffic safety administration for federal highway safety grants to cover the cost of the pilot program.

      (2) The commission may 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) In order to ensure adequate time in the 2011-2013 fiscal biennium to evaluate the effectiveness of the pilot projects, any projects authorized by the commission must be authorized by December 31, 2011.

      (c) By January 1, 2013, the commission shall provide a report to the legislature regarding the use, public acceptance, outcomes, and other relevant issues regarding automated traffic safety cameras demonstrated by the pilot projects.

      (3) $460,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 (addressing DUI accountability).  If chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (4) The commission shall conduct a review of the literature on potential safety benefits realized from drivers using their headlights and windshield wipers simultaneously and shall report to the transportation committees of the legislature by December 1, 2011.

      (5) $22,000,000 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 2011-2013 fiscal biennium.

NEW SECTION.  Sec. 202.  FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account‑-State Appropriation.... $948,000

Motor Vehicle Account‑-State Appropriation          $2,161,000

County Arterial Preservation Account‑-State

Appropriation........................................................... $1,480,000

TOTAL APPROPRIATION.................................... $4,589,000

      The appropriations in this section are subject to the following conditions and limitations:  The county road administration board shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010.  The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

NEW SECTION.  Sec. 203.  FOR THE TRANSPORTATION IMPROVEMENT BOARD

Transportation Improvement Account‑-State

Appropriation........................................................... $3,707,000

      The appropriation in this section is subject to the following conditions and limitations:  The transportation improvement board shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010.  The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

NEW SECTION.  Sec. 204.  FOR THE JOINT TRANSPORTATION COMMITTEE

Motor Vehicle Account‑-State Appropriation.......... $2,060,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $200,000 of the motor vehicle account--state appropriation is for a study of Washington state ferries fares that recommends the most appropriate fare media for use with the reservation system and the implementation of demand management pricing and interoperability with other payment methods.  The study must include direct collaboration with transportation commission members.

      (2) $150,000 of the motor vehicle account--state appropriation is for a study of the management organization structure at the Washington state ferries.  The study results must make recommendations on changes to the organizational structure that will result in more efficient operations and a more balanced management organization structure scaled to the workforce.

      (3) $200,000 of the motor vehicle account--state appropriation is from the cities statewide fuel tax distributions under RCW 46.68.110(2) for the joint transportation committee to study and make recommendations on RCW 90.03.525.  The study must include:  (a) An inventory of state highways subject to the federal clean water act (40 C.F.R. Parts 122 through 124) (national pollutant discharge elimination system) that are within city boundaries; (b) a survey of cities that impose storm water fees or charges to the department of transportation, or otherwise manage storm water runoff from state highways within their jurisdiction; (c) case studies from a representative cross-section of cities on how the department and cities have used RCW 90.03.525; and (d) recommendations on how to achieve efficiencies in the cost and management of state highway storm water runoff within cities under RCW 90.03.525.

      (4) $425,000 of the motor vehicle account--state appropriation is for the joint transportation committee to conduct a study to evaluate the potential for financing state transportation projects using public- private partnerships.  The study must compare the costs, advantages, and disadvantages of various forms of public-private partnerships with conventional financing.  Projects to be evaluated include Interstate 405, state route number 509, state route number 167, the Columbia River crossing, and the Monroe bypass.  At a minimum, the study must identify the public interest in the financing and construction of transportation projects, the public interest in the operation of transportation projects, and the provisions in public-private partnership agreements that best protect the public interest.  To the extent possible, the study must identify the lowest-cost and best-value model for each project that best protects the public interest.  In addition, the study must evaluate whether public-private partnerships serve the defined public interest including, but not limited to, the advantage and disadvantage of risk allocation, the effects of private versus public financing on the state's bonding capacity, the state's ability to retain public ownership of the asset, the process that would allow for the most transparency during the negotiation of terms of a public- private partnership agreement, and the state's ability to oversee the private entity's management of the asset.  The study must identify any barriers to the implementation of funding models that best protect the public interest, including statutory and constitutional barriers.  The committee shall issue a report of its evaluation to the house of representatives and senate transportation committees by December 16, 2011.

      (5) $100,000 of the motor vehicle account--state appropriation is for an investigation of the use of liquid natural gas on existing Washington state ferry vessels as well as the 144-car class vessels and report to the legislature by December 31, 2011.

NEW SECTION.  Sec. 205.  FOR THE TRANSPORTATION COMMISSION

Motor Vehicle Account‑-State Appropriation.......... $2,142,000

Multimodal Transportation Account‑-State Appropriation $112,000

TOTAL APPROPRIATION.................................... $2,254,000

      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 2011-2013 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 2011-2013 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) The total appropriation provided in this section includes funding to conduct a survey to gather data on users of the statewide transportation system, including the state ferry system, as required under chapter ... (Substitute Senate Bill No. 5128), Laws of 2011 (statewide transportation planning).  However, if chapter ... (Substitute Senate Bill No. 5128), Laws of 2011 is not enacted by June 30, 2011, $169,000 of the motor vehicle account--state appropriation lapses.

      (4) Consistent with its authority in RCW 47.56.840, the transportation commission shall consider the need for a citizen advisory group that provides oversight on new tolled facilities.

NEW SECTION.  Sec. 206.  FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD

Motor Vehicle Account‑-State Appropriation............. $702,000

      The appropriation in this section is subject to the following conditions and limitations:  The freight mobility strategic investment board shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010.  The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

NEW SECTION.  Sec. 207.  FOR THE WASHINGTON STATE PATROL

Vehicle Licensing Fraud Account--State Appropriation $100,000

State Patrol Highway Account‑-State

Appropriation....................................................... $349,812,000

State Patrol Highway Account‑-Federal

Appropriation......................................................... $10,903,000

State Patrol Highway Account‑-Private/Local

Appropriation........................................................... $3,369,000

TOTAL APPROPRIATION................................ $364,184,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) 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.  Cessna pilots funded from the state patrol highway account who are certified to fly the King Airs may pilot those aircraft for general fund purposes with the general fund reimbursing the state patrol highway account an hourly rate to cover the costs incurred during the flights since the aviation section is no longer part of the Washington state patrol cost allocation system as of July 1, 2009.

      (2) The Washington state patrol shall continue to collaborate with the Washington traffic safety commission on the target zero trooper pilot program referenced in section 201(1) of this act.

      (3) $370,000 of the state patrol highway account--state appropriation is provided solely for costs associated with the pilot program described under section 216(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 Washington state department of transportation for contract costs.  The appropriation in this subsection must be funded from the portion of the automated traffic safety camera 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 the roadway construction zones.

      (4) $12,655,000 of the total appropriation is provided solely for automobile fuel in the 2011-2013 fiscal biennium.  The Washington state patrol shall analyze their fuel consumption and submit a report to the legislative transportation committees by December 31, 2011, on fuel conservation methods that could be used to minimize costs and ensure that the Washington state patrol is managing fuel consumption effectively.

      (5) $7,421,000 of the total appropriation is provided solely for the purchase of pursuit vehicles.

      (6) $6,611,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.

      (7) $1,724,000 of the total appropriation is provided solely for the purchase of mission vehicles used for highway purposes in the commercial vehicle and traffic investigation sections of the Washington state patrol.

      (8) $1,200,000 of the total appropriation is provided solely for outfitting officers.  The Washington state patrol shall prepare a cost- benefit analysis of the standard trooper uniform as compared to a battle dress uniform and uniforms used by other states and jurisdictions.  The Washington state patrol shall report the results of the analysis to the transportation committees of the legislature by December 1, 2011.

      (9) The Washington state patrol shall not account for or record locally provided DUI cost reimbursement payments as expenditure credits to the state patrol highway account.  The patrol shall report the amount of expected locally provided DUI cost reimbursements to the office of financial management and transportation committees of the legislature by September 30th of each year.

      (10) During the 2011-2013 fiscal biennium, the Washington state patrol shall continue to perform traffic accident investigations on Thurston county roads, and shall work with Thurston county to transition the traffic accident investigations on Thurston county roads to Thurston county by July 1, 2013.

      (11) $100,000 of the vehicle licensing fraud account--state appropriation is provided solely to support the transportation portion of the vehicle license fraud program during the 2011-2013 fiscal biennium.

NEW SECTION.  Sec. 208.  FOR THE DEPARTMENT OF LICENSING

Marine Fuel Tax Refund Account‑-State Appropriation $32,000

Motorcycle Safety Education Account‑-State

Appropriation........................................................... $4,411,000

Wildlife Account‑-State Appropriation....................... $859,000

Highway Safety Account‑-State Appropriation... $149,904,000

Highway Safety Account‑-Federal Appropriation... $2,884,000

Motor Vehicle Account‑-State Appropriation........ $78,586,000

Motor Vehicle Account‑-Private/Local Appropriation $1,721,000

Motor Vehicle Account‑-Federal Appropriation......... $242,000

Department of Licensing Services Account‑-State

Appropriation........................................................... $5,815,000

Ignition Interlock Device Revolving Account--State

Appropriation........................................................... $1,315,000

TOTAL APPROPRIATION................................ $245,769,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $62,000 of the motor vehicle account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of 2011 (electric vehicle fee).  If chapter ... (Engrossed Substitute Senate Bill No. 5251), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (2) $231,000 of the motor vehicle account--state appropriation is provided solely for the implementation of chapter ... (Substitute Senate Bill No. 5800), Laws of 2011 (off-road motorcycles).  If chapter ... (Substitute Senate Bill No. 5800), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (3) $193,000 of the department of licensing services account--state appropriation is provided solely for a phased implementation of chapter ... (Substitute House Bill No. 1046), Laws of 2011 (vehicle and vessel quick titles).  Funding is contingent upon revenues associated with the vehicle and vessel quick title program paying all direct and indirect expenditures associated with the department's implementation of this subsection.  If chapter ... (Substitute House Bill No. 1046), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (4) The department may seek federal funds to implement a driver's license and identicard biometric matching system pilot program to verify the identity of applicants for, and holders of, drivers' licenses and identicards if applicants are provided the opportunity to opt out of participating in the program, which meets the requirement of RCW 46.20.037 that such a program be voluntary.  If funds are received, the department shall report any benefits or problems identified during the course of the pilot program to the transportation committees of the legislature upon the completion of the program.

      (5) $1,938,000 of the highway safety account--federal appropriation is for federal funds that may be received during the 2011-2013 fiscal biennium.  Upon receipt of the funds, the department shall provide a report on the use of the funds to the transportation committees of the legislature and the office of financial management.

      (6) By December 31, 2011, the department shall submit to the office of financial management and the transportation committees of the legislature draft legislation that rewrites the tow truck statutes (chapter 46.55 RCW) in plain language and is revenue and policy neutral.

      (7) $128,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Substitute House Bill No. 1635), Laws of 2011 (driver's license exams).  If chapter ... (Engrossed Substitute House Bill No. 1635), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (8) $68,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 (driving under the influence).  If chapter ... (Engrossed Second Substitute House Bill No. 1789), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (9) $63,000 of the highway safety account--state appropriation is provided solely for the implementation of chapter ... (Substitute House Bill No. 1237), Laws of 2011 (selective service system).  If chapter ... (Substitute House Bill No. 1237), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (10) $340,000 of the motor vehicle account--private/local appropriation is provided solely for the implementation of chapter ... (Engrossed Substitute Senate Bill No. 5457), Laws of 2011 (congestion reduction charge).  If chapter ... (Engrossed Substitute Senate Bill No. 5457), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (11) $648,000 of the motor vehicle account--federal appropriation is provided solely for the implementation of chapter ... (House Bill No. 1229), Laws of 2011 (commercial drivers' licenses).  If chapter ... (House Bill No. 1229), Laws of 2011 is not enacted by June 30, 2011, the amount provided in this subsection lapses.

      (12) $1,738,000 of the department of licensing services account-- state appropriation is provided solely for purchasing equipment for field licensing service offices and subagent offices.

NEW SECTION.  Sec. 209.  FOR THE DEPARTMENT OF TRANSPORTATION‑- TOLL OPERATIONS AND MAINTENANCE‑-PROGRAM B

High Occupancy Toll Lanes Operations Account‑-State

Appropriation........................................................... $1,295,000

Motor Vehicle Account‑-State Appropriation............. $550,000

Tacoma Narrows Toll Bridge Account‑-State

Appropriation......................................................... $23,429,000

State Route Number 520 Corridor Account--State

Appropriation......................................................... $27,295,000

State Route Number 520 Civil Penalties

Account--State Appropriation.................................. $4,622,000

TOTAL APPROPRIATION.................................. $57,191,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) 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.

      (2) $4,622,000 of the state route number 520 civil penalties account--state appropriation and $1,458,000 of the Tacoma Narrows toll bridge account--state appropriation are provided solely for expenditures related to the toll adjudication process.  The department shall report quarterly on the civil penalty process to the office of financial management and the house of representatives and senate transportation committees beginning September 30, 2011.  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.

      (3) It is the intent of the legislature that transitioning to a statewide tolling operations center and preparing for all-electronic tolling on certain toll facilities will have no adverse revenue or expenditure impact on the Tacoma Narrows toll bridge account.  Any increased costs related to this transition shall not be allocated to the Tacoma Narrows toll bridge account.  All costs associated with the toll adjudication process are anticipated to be covered by revenue collected from the toll adjudication process.

      (4) The department shall ensure that, at no cost to the Tacoma Narrows toll bridge account, new electronic tolling tag readers are installed on the Tacoma Narrows bridge as soon as practicable that are able to read existing and new electronic tolling tags.

      (5) $17,786,000 of the state route number 520 corridor account-- state appropriation is provided solely for nonvendor costs associated with tolling the state route number 520 bridge.  Funds from the state route number 520 corridor account--state appropriation shall not be used to pay for items prohibited by Executive Order No. 1057, including subscriptions to technical publications, employee educational expenses, professional membership dues and fees, employee recognition and safety awards, meeting meals and light refreshments, commute trip reduction incentives, and employee travel.

NEW SECTION.  Sec. 210.  FOR THE DEPARTMENT OF TRANSPORTATION‑- INFORMATION TECHNOLOGY‑-PROGRAM C

Motor Vehicle Account‑-State Appropriation........ $69,107,000

Transportation Partnership Account--State

Appropriation........................................................... $1,460,000

Multimodal Transportation Account‑-State

Appropriation.............................................................. $363,000

Transportation 2003 Account (Nickel Account)--State

Appropriation........................................................... $1,460,000

TOTAL APPROPRIATION.................................. $72,390,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall consult with the office of financial management and the department of information services to:  (a) Ensure that the department's current and future system development is consistent with the overall direction of other key state systems; and (b) when possible, use or develop common statewide information systems to encourage coordination and integration of information used by the department and other state agencies and to avoid duplication.

      (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.

      (3) $210,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

      (4) Beginning December 1, 2011, and on a quarterly basis thereafter, the department shall report to the office of financial management and the transportation committees of the legislature on the status of the development and integration of the time, leave, and labor distribution system identified in section 601 of this act.  The first report must include a detailed work plan for the development and integration of the system, including timelines and budget milestones.  At a minimum, the ensuing reports must indicate the status of the work as it compares to the work plan, any discrepancies, and proposed adjustments necessary to bring the project back on schedule or budget if necessary.  It is the intent of the legislature that the state auditor will provide advice based on the auditor's technical knowledge and expertise in the implementation and acquisition of the time, leave, and labor distribution system.  It is further the intent of the legislature that if any portion of the system is leveraged in the future for the time, leave, and labor distribution of any other agencies, the motor vehicle account will be reimbursed proportionally for the development of the system since the funds from the motor vehicle account must be used exclusively for highway purposes in conformance with Article II, section 40 of the state Constitution.  This must be accomplished through a loan arrangement with the current interest rate under the terms set by the office of the state treasurer at the time the system is deployed to additional agencies.  If the motor vehicle account is not reimbursed for future use of the system, it is the intent of the legislature that reductions will be made to central service agency charges accordingly.

      (5) $502,000 of the motor vehicle account--state appropriation is provided solely to provide support for the transportation executive information system.

      (6) If chapter ... (Substitute House Bill No. 1720), Laws of 2011 (department of enterprise services) is enacted, the department shall work with the department of enterprise services to:

      (a) Make enhancements to the 511 traveler information system to provide a more timely and user friendly format; and

      (b) Develop or purchase software that would allow public transportation users to enter in their start and end locations using a computer or mobile device to determine the public transportation options available to them.

NEW SECTION.  Sec. 211.  FOR THE DEPARTMENT OF TRANSPORTATION‑- FACILITY MAINTENANCE, OPERATIONS AND CONSTRUCTION‑-PROGRAM D‑-OPERATING

Motor Vehicle Account‑-State Appropriation........ $25,851,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) The department shall submit a predesign proposal for a new traffic management center to the office of financial management consistent with the process followed by nontransportation capital construction projects.  The department shall not award a contract for construction of a new traffic management center until the predesign proposal has been submitted and the office of financial management has completed a budget evaluation study that indicates a new building is the recommended option for accommodating additional traffic management operations.

      (2) $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.

NEW SECTION.  Sec. 212.  FOR THE DEPARTMENT OF TRANSPORTATION‑- AVIATION‑-PROGRAM F

Aeronautics Account‑-State Appropriation.............. $6,066,000

Aeronautics Account‑-Federal Appropriation.......... $2,150,000

TOTAL APPROPRIATION.................................... $8,216,000

      The appropriations in this section are subject to the following conditions and limitations:  $200,000 of the aeronautics account--state appropriation is a reappropriation provided solely to complete runway preservation projects.

NEW SECTION.  Sec. 213.  FOR THE DEPARTMENT OF TRANSPORTATION‑- PROGRAM DELIVERY MANAGEMENT AND SUPPORT‑-PROGRAM H

Motor Vehicle Account‑-State Appropriation........ $47,418,000

Motor Vehicle Account‑-Federal Appropriation......... $500,000

Multimodal Transportation Account‑-State

Appropriation.............................................................. $250,000

TOTAL APPROPRIATION.................................. $48,168,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall provide updated information on six project milestones for all active projects, funded in part or in whole with 2005 transportation partnership account funds or 2003 nickel account funds, on a quarterly basis in the transportation executive information system.  The department shall also provide updated information on six project milestones for projects funded with preexisting funds and that are agreed to by the legislature, office of financial management, and the department, on a quarterly basis.

      (2) $3,754,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

      (3) It is the intent of the legislature that the real estate services division of the department will recover the cost of its efforts from future sale proceeds.

      (4) 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 of transportation, 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 of transportation shall work with the department of fish and wildlife, and shall 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 of transportation is not responsible for any costs associated with the cleanup or transfer of this property.  By July 1, 2011, and annually thereafter until the entire Dryden pit property has been transferred, the department shall submit a status report regarding the transaction to the chairs of the legislative transportation committees.

NEW SECTION.  Sec. 214.  FOR THE DEPARTMENT OF TRANSPORTATION‑- ECONOMIC PARTNERSHIPS‑-PROGRAM K

Motor Vehicle Account‑-State Appropriation............. $622,000

Multimodal Transportation Account--State Appropriation $110,000

TOTAL APPROPRIATION....................................... $732,000

      The appropriations in this section are subject to the following conditions and limitations:  The department shall conduct a study on the potential to generate revenue from off-premise outdoor advertising signs that are erected or maintained adjacent and visible to the interstate system highways, primary system highways, or scenic system highways.  The study must provide an evaluation of the market for outdoor advertising signs, including an evaluation of the number of potential advertisers and the amount charged by other jurisdictions for sign permits, and must provide a recommendation for a revised fee structure that recognizes the market value for off-premise signs and considers charging differential fees based on the size, type, and location of the sign.

NEW SECTION.  Sec. 215.  FOR THE DEPARTMENT OF TRANSPORTATION‑- HIGHWAY MAINTENANCE‑-PROGRAM M

Motor Vehicle Account‑-State Appropriation...... $380,327,000

Motor Vehicle Account‑-Federal Appropriation...... $7,000,000

TOTAL APPROPRIATION................................ $387,327,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account--state appropriation into unallotted status.  This exchange shall not affect the amount of funding available for snow and ice removal.

      (2) $7,000,000 of the motor vehicle account--state appropriation is provided solely for third-party damages to the highway system where the responsible party is known and reimbursement is anticipated.  The department shall request additional appropriation authority for any funds received for reimbursements of third-party damages that are in excess of this appropriation.

      (3) $7,000,000 of the motor vehicle account--federal appropriation is for unanticipated federal funds that may be received during the 2011-2013 fiscal biennium.  Upon receipt of the funds, the department shall provide a report on the use of the funds to the transportation committees of the legislature and the office of financial management.

      (4) The department may work with the department of corrections to utilize corrections crews for the purposes of litter pickup on state highways.

      (5) $4,530,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

      (6) The department shall continue to report maintenance accountability process (MAP) targets and achievements on an annual basis.  The department shall use available funding to target and deliver a minimum MAP grade of C for the activity of roadway striping.

      (7) $6,884,000 of the motor vehicle account--state appropriation is provided solely for the high priority maintenance backlog.  Addressing the maintenance backlog must result in increased levels of service.  If chapter . . . (Engrossed Substitute Senate Bill No. 5251), Laws of 2011 (electric vehicle fee) is not enacted by June 30, 2011, $500,000 of the appropriation provided in this subsection lapses.

      (8) $317,000 of the motor vehicle account--state appropriation is provided solely for maintaining a new active traffic management system on Interstate 5, Interstate 90, and state route number 520.  The department shall track the costs associated with these systems on a corridor basis and report to the transportation committees of the legislature on the costs and benefits of the systems by December 1, 2011.

NEW SECTION.  Sec. 216.  FOR THE DEPARTMENT OF TRANSPORTATION‑- TRAFFIC OPERATIONS‑-PROGRAM Q‑-OPERATING

Motor Vehicle Account‑-State Appropriation........ $50,166,000

Motor Vehicle Account‑-Federal Appropriation...... $2,050,000

Motor Vehicle Account‑-Private/Local Appropriation $127,000

TOTAL APPROPRIATION.................................. $52,343,000

      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) $145,000 of the motor vehicle account--state appropriation is provided solely for the department to continue a pilot tow truck incentive program and to expand the program to other areas of the state.  The department may provide incentive payments to towing companies that meet clearance goals on accidents that involve heavy trucks.

      (3) During the 2011-2013 fiscal biennium, the department shall implement 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.  By June 30, 2013, the department shall report to the transportation committees of the legislature on whether private transportation provider use of high occupancy vehicle lanes under the pilot program reduces the speeds of high occupancy vehicle lanes.  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.  If chapter ... (Substitute Senate Bill No. 5836), Laws of 2011 is enacted by June 30, 2011, this subsection is null and void.

      (4) $9,000,000 of the motor vehicle account--state appropriation is provided solely for the department's incident response program.

      (5) The department, in consultation with the Washington state patrol, must continue a pilot program for the patrol to issue infractions based on information from automated traffic safety cameras in roadway construction zones on state highways.  The department must report to the joint transportation committee by January 1, 2012, and January 1, 2013, on the status of this pilot program.  For the purpose of this pilot program, during the 2011-2013 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 2011-2013 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 (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 infraction notice issued, along with instructions for its completion and use.

      (6) The department shall track the costs associated with active traffic management systems on a corridor basis and report to the transportation committees of the legislature on the cost and benefits of the systems by December 1, 2011.

NEW SECTION.  Sec. 217.  FOR THE DEPARTMENT OF TRANSPORTATION‑- TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

Motor Vehicle Account‑-State Appropriation........ $28,430,000

Motor Vehicle Account‑-Federal Appropriation........... $30,000

Multimodal Transportation Account‑-State

Appropriation.............................................................. $973,000

TOTAL APPROPRIATION.................................. $29,433,000

      The appropriations in this section are subject to the following conditions and limitations:  The department shall utilize existing resources and customer service staff to develop and implement new policies and procedures to ensure compliance with new federal passenger vessel Americans with disabilities act requirements.

NEW SECTION.  Sec. 218.  FOR THE DEPARTMENT OF TRANSPORTATION‑- TRANSPORTATION PLANNING, DATA, AND RESEARCH‑-PROGRAM T

Motor Vehicle Account‑-State Appropriation........ $23,394,000

Motor Vehicle Account‑-Federal Appropriation.... $21,885,000

Multimodal Transportation Account‑-State

Appropriation.............................................................. $662,000

Multimodal Transportation Account‑-Federal

Appropriation........................................................... $3,559,000

Multimodal Transportation Account‑-Private/Local

Appropriation.............................................................. $100,000

TOTAL APPROPRIATION.................................. $49,600,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $70,000 of the motor vehicle account--state appropriation is a reappropriation provided solely for a corridor study of state route number 516 from the eastern border of Maple Valley to state route number 167 to determine whether improvements are needed and the costs of any needed improvements.

      (2) $200,000 of the motor vehicle account--state appropriation is provided solely for extending the freight database pilot project that began in 2009.  Global positioning system (GPS) data is intended to help guide freight investment decisions and track highway project effectiveness as it relates to freight traffic.

      (3) 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.

      (4) As part of their ongoing regional transportation planning, the regional transportation planning organizations across the state shall work together to provide a comprehensive framework for sources and uses of next-stage investments in transportation needed to improve structural conditions and ongoing operations and lay the groundwork for the transportation systems to support the long-term economic vitality of the state.  This planning must include all forms of transportation to reflect the state's interests, including:  Highways, streets, and roads; ferries; public transportation; systems for freight; and walking and biking systems.  The department shall support this planning by providing information on potential state transportation uses and an analysis of potential sources of revenue to implement investments.  In carrying out this planning, regional transportation planning organizations must be broadly inclusive of business, civic, labor, governmental, and environmental interests in regional communities across the state.

NEW SECTION.  Sec. 219.  FOR THE DEPARTMENT OF TRANSPORTATION‑- CHARGES FROM OTHER AGENCIES‑-PROGRAM U

Motor Vehicle Account--State Appropriation........ $85,209,000

Motor Vehicle Account--Federal Appropriation......... $400,000

Multimodal Transportation Account--State

Appropriation........................................................... $3,320,000

TOTAL APPROPRIATION.................................. $88,929,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The office of financial management 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.

      (2) Payments in this section represent charges from other state agencies to the department of transportation.

      (a) FOR PAYMENT OF OFFICE OF FINANCIAL MANAGEMENT

DIVISION OF RISK MANAGEMENT FEES........ $1,639,000

      (b) FOR PAYMENT OF COSTS OF THE OFFICE OF THE

STATE AUDITOR...................................................... $937,000

      (c) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF

GENERAL ADMINISTRATION........................... $6,060,000

      (d) FOR PAYMENT OF COSTS OF THE DEPARTMENT OF PERSONNEL            $6,347,000

      (e) FOR PAYMENT OF SELF-INSURANCE LIABILITY

PREMIUMS AND ADMINISTRATION............ $44,418,000

(f) FOR ARCHIVES AND RECORDS MANAGEMENT $623,000

      (g) FOR OFFICE OF MINORITIES AND WOMEN BUSINESS ENTERPRISES                                         $1,008,000

      (h) FOR USE OF FINANCIAL AND REPORTING SYSTEMS

PROVIDED BY THE OFFICE OF FINANCIAL MANAGEMENT $1,143,000

      (i) FOR POLICY AND SYSTEM ASSISTANCE FROM THE

DEPARTMENT OF INFORMATION SERVICES $1,980,000

      (j) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY

GENERAL'S OFFICE............................................... $8,526,000

      (k) FOR LEGAL SERVICE PROVIDED BY THE ATTORNEY

GENERAL'S OFFICE FOR THE SECOND PHASE OF THE BOLDT

LITIGATION.............................................................. $672,000

NEW SECTION.  Sec. 220.  FOR THE DEPARTMENT OF TRANSPORTATION‑- PUBLIC TRANSPORTATION‑-PROGRAM V

State Vehicle Parking Account--State Appropriation.. $452,000

Regional Mobility Grant Program Account‑-State

Appropriation......................................................... $48,942,000

Multimodal Transportation Account‑-State

Appropriation......................................................... $41,706,000

Multimodal Transportation Account‑-Federal

Appropriation........................................................... $2,582,000

Multimodal Transportation Account‑-Private/Local

Appropriation........................................................... $1,027,000

Rural Mobility Grant Program Account--State

Appropriation......................................................... $17,000,000

TOTAL APPROPRIATION................................ $111,709,000

      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.

      (a) $5,500,000 of the amount provided in this subsection 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 amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs.  To receive a grant, the transit agency must 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 2009 as reported in the "Summary of Public Transportation - 2009" published by the department of transportation.  No transit agency may receive more than thirty percent of these distributions.

      (2) Funds are provided for the rural mobility grant program as follows:

      (a) $8,500,000 of the rural mobility grant program account--state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the "Summary of Public Transportation - 2009" published by the department of transportation.  Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.  If the funding provided in this subsection (2)(a) exceeds the amount required for recipient counties to reach eighty percent of the average per capita sales tax, funds in excess of that amount may be used for the competitive grant process established in (b) of this subsection.

      (b) $8,500,000 of the rural mobility grant program account--state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.

      (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 Joint Base Lewis-McChord.

      (4) $8,942,000 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 2007-B, as developed April 20, 2007, or LEAP Transportation Document 2009-B, as developed April 24, 2009.  The department shall continue to review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress.  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:  LEAP Transportation Document 2007-B, as developed April 20, 2007; LEAP Transportation Document 2009-B, as developed April 24, 2009; or LEAP Transportation Document 2011-B, as developed April 19, 2011.  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 and that all funds in the regional mobility grant program be used as soon as practicable to advance eligible projects.

      (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 2011-B, as developed April 19, 2011.  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 LEAP Transportation Document 2011-B, as developed April 19, 2011.  The department shall provide annual status reports on December 15, 2011, and December 15, 2012, 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.

      (b) In order to be eligible to receive a grant under (a) of this subsection during the 2011-2013 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) $2,309,000 of the multimodal transportation account--state appropriation is provided solely for the tri-county connection service for Island, Skagit, and Whatcom transit agencies.

      (7) $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.

      (8) Funds provided for the commute trip reduction program may also be used for the growth and transportation efficiency center program.

      (9) An affected urban growth area that has not previously implemented a commute trip reduction program is exempt from the requirements in RCW 70.94.527 if a solution to address the state highway deficiency that exceeds the person hours of delay threshold has been funded and is in progress during the 2011-2013 fiscal biennium.

NEW SECTION.  Sec. 221.  FOR THE DEPARTMENT OF TRANSPORTATION‑- MARINE‑-PROGRAM X

Puget Sound Ferry Operations Account‑-State

Appropriation....................................................... $467,773,000

      The appropriation in this section is 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 2011-2013 supplemental and 2013-2015 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) When purchasing uniforms that are required by collective bargaining agreements, the department shall contract with the lowest cost provider.

      (3) The legislature finds that measuring the performance of the Washington state ferries requires the measurement of quality, timeliness, and unit cost of services delivered to customers.  Consequently, the department must develop a set of metrics that measure that performance and report to the transportation committees of the legislature and the office of financial management on the development of these measurements along with recommendations to the 2012 legislature on which measurements must become a part of the next omnibus transportation appropriations act.  If chapter ... (Substitute House Bill No. 1516), Laws of 2011 (state ferry system management) is enacted, the report under this subsection is not required.

      (4) The department shall continue to identify and implement process changes that will improve on-time performance on a route-by-route basis.  These changes must include considering the slowing down of vessels for fuel economy purposes and touch-and-go sailings on peak runs.  The department shall report its findings to the transportation committees of the legislature by December 1, 2011.

      (5) Until a reservation system is operational on the San Juan islands inner-island route, the department shall provide the same priority loading benefits on the San Juan islands inner-island route to home health care workers as are currently provided to patients traveling for purposes of receiving medical treatment.

      (6) The department shall request from the United States coast guard variable minimum staffing levels on all of its vessels by December 31, 2011.

      (7) The department shall provide fiscal year reports to the transportation committees of the legislature outlining wages and benefits provided to employees.

      (8) The department shall provide support to the legislative evaluation and accountability program committee's work of upgrading the transportation executive information system to include more detailed information for ferry projects.

      (9) Appropriations used for labor costs may be used only for obligations under applicable collective bargaining agreements, civil service laws, court orders, and judgments.

      (10) The department shall continue to provide service to Sidney, British Columbia and shall explore the option of purchasing a foreign built vehicle and passenger ferry vessel either with safety of life at sea (SOLAS) certification or the ability to be retrofitted for SOLAS certification to operate solely on the Anacortes to Sidney, British Columbia route currently served by vessels of the Washington state ferries fleet.  The vessel should have the capability of carrying at least one hundred standard vehicles and approximately four hundred to five hundred passengers.  Further, the department shall explore the possibilities of contracting a commercial company to operate the vessel exclusively on this route so long as the contractor's employees assigned to the vessel are represented by the same employee organizations as the Washington state ferries.  The department shall report back to the transportation committees of the legislature regarding:  The availability of a vessel; the cost of the vessel, including transport to the Puget Sound region; and the need for any statutory changes for the operation of the Sydney, British Columbia service by a private company.

      (11) For the 2011-2013 fiscal biennium, the department of transportation may enter into a distributor controlled fuel hedging program.

      (12) The department shall target service reductions totaling $4,000,000, such that the shortening of shoulder seasons and eliminations of off-peak runs on all routes are considered.  Prior to implementing the reductions, the department shall consult with ferry employees and ferry advisory committees to determine which reductions would impact the fewest number of riders.  The reductions must be identified and implementation must begin no later than the fall 2011 schedule.

      (13) $135,248,000 of the Puget Sound ferry operations account-- state appropriation is provided solely for auto ferry vessel operating fuel in the 2011-2013 fiscal biennium.

      (14) $150,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the department to increase recreation and tourist ridership by entering into agreements for marketing and outreach strategies with local economic development agencies.  The department shall identify the number of tourist and recreation riders on the applicable ferry routes both before and after implementation of marketing and outreach strategies developed through the agreements.  The department shall report results of the marketing and outreach strategies to the transportation committees of the legislature by October 15, 2012.

      (15) The Washington state ferries shall participate in the facilities plan included in section 604 of this act and shall include an investigation and identification of less costly relocation options for the Seattle headquarters office.  The department shall include relocation options for the Washington state ferries Seattle headquarters office in the facilities plan.  Until September 1, 2012, the department may not enter into a lease renewal for the Seattle headquarters office.

      (16) The department, office of financial management, and transportation committees of the legislature shall make recommendations regarding an appropriate budget structure for the Washington state ferries.  The recommendation may include a potential restructuring of the Washington state ferries budget.  The recommendation must facilitate transparency in reporting and budgeting as well as provide the opportunity to link revenue sources with expenditures.  Findings and recommendations must be reported to the office of financial management and the joint transportation committee by September 1, 2011.

      (17) Two Kwa-di-tabil class ferry vessels must be placed on the Port Townsend/Coupeville (Keystone) route to provide service at the same levels provided when the steel electric vessels were in service.  After the vessels as funded under section 308(7) of this act are in service, the two most appropriate of these vessels for the Port Townsend/Coupeville (Keystone) route must be placed on the route.  $100,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the additional staffing required to maintain a reservation system at this route when the second vessel is in service.

      (18) The department shall link all vessel asset condition reports with its vessel life-cycle cost model in such a way that it will lend itself to integration with a vessel asset management system.  Each quarter the department shall complete the activity of linking the asset condition of one class of vessels to the life-cycle cost model, beginning with the jumbo mark II class, followed by the Issaquah class, the jumbo mark I class, the super class, and finally the Kwa-di-tabil class.  The department shall continue to regularly inspect life-cycle cost model assets and link the resulting asset condition reports with its vessel life-cycle cost model as the assessments are completed.  The department shall provide the transportation committees of the legislature with progress reports of this activity as the work for each class of vessels has been completed.  This activity must be completed with the results reported to the transportation committees of the legislature by June 1, 2012.  The department's 2013-2015 budget request must be developed using the updated life-cycle cost model and must also provide a project scope for implementing a vessel asset management system.

      (19) $706,000 of the Puget Sound ferry operations account--state appropriation is provided solely for terminal operations to implement new federal passenger vessel Americans with disabilities act requirements.

      (20) $152,000 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.

NEW SECTION.  Sec. 222.  FOR THE DEPARTMENT OF TRANSPORTATION‑- RAIL‑-PROGRAM Y--OPERATING

Multimodal Transportation Account‑-State

Appropriation......................................................... $29,688,000

Multimodal Transportation Account--Federal

Appropriation.............................................................. $300,000

TOTAL APPROPRIATION.................................. $29,988,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $24,091,000 of the multimodal transportation account--state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining state-supported passenger rail service.  The department is directed to continue to pursue efforts to reduce costs, increase ridership, and review fares or fare schedules.  Within thirty days of each annual cost/revenue reconciliation under the Amtrak service contract, the department shall report annual credits to the office of financial management and the legislative transportation committees.  Annual credits from Amtrak to the department including, but not limited to, credits for increased revenue due to higher ridership, and fare or fare schedule adjustments, must be used to offset corresponding amounts of the multimodal transportation account--state appropriation, which must be placed in reserve.  Upon completion of the rail platform project in the city of Stanwood, the department shall continue to provide daily Amtrak Cascades service to the city.

      (2) Amtrak Cascade runs may not be eliminated.

      (3) The department shall plan for a third roundtrip Cascades train between Seattle and Vancouver, B.C.

      (4) The department shall conduct 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 July 1, 2011, to June 30, 2012.  The department shall report on the results of the pilot program to the office of financial management and the legislature by September 30, 2012.

NEW SECTION.  Sec. 223.  FOR THE DEPARTMENT OF TRANSPORTATION‑- LOCAL PROGRAMS‑-PROGRAM Z‑-OPERATING

Motor Vehicle Account‑-State Appropriation.......... $8,853,000

Motor Vehicle Account‑-Federal Appropriation...... $2,567,000

TOTAL APPROPRIATION.................................. $11,420,000

      The appropriations in this section are subject to the following conditions and limitations:  The department shall submit a report to the transportation committees of the legislature by December 1, 2011, on the implementation of the recommendations that resulted from the evaluation of efficiencies in the delivery of transportation funding and services to local governments that was required under section 204(8), chapter 247, Laws of 2010.  The report must include a description of how recommendations were implemented, what efficiencies were achieved, and an explanation of any recommendations that were not implemented.

 

TRANSPORTATION AGENCIES—CAPITAL

 

NEW SECTION.  Sec. 301.  FOR THE WASHINGTON STATE PATROL

State Patrol Highway Account--State Appropriation $6,487,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $653,000 of the state patrol highway account--state appropriation is provided solely for the following minor works projects:  $200,000 for emergency infrastructure repairs; $75,000 for water and sewer upgrades; $210,000 for emergency backup system replacement; $85,000 for chiller replacement; and $83,000 for roof replacements.

      (2) $3,226,000 of the state patrol highway account--state appropriation is provided solely for the Shelton academy of the Washington state patrol for the new waste water treatment lines, waste water plants, water lines, and water systems.  However, $2,129,000 of this amount is contingent on the department of corrections receiving funding for its portion of the regional water project in the 2011-2013 omnibus capital appropriations act.  If this funding is not provided by June 30, 2011, $2,129,000 of the appropriation provided in this subsection lapses.

      (3) $421,000 of the state patrol highway account--state appropriation is provided solely for the reappropriation of the Shelton regional water project.

      (4) $2,187,000 of the total appropriation is provided solely for mobile office platforms.

      (5) It is the intent of the legislature that the omnibus operating appropriations act provide funding for the portion of any applicable debt service payments, resulting from financial contracts identified under section 601 of this act, that are attributable to the general fund as identified in the Washington state patrol's cost allocation model.

NEW SECTION.  Sec. 302.  FOR THE COUNTY ROAD ADMINISTRATION BOARD

Motor Vehicle Account‑-State Appropriation............. $874,000

Rural Arterial Trust Account‑-State Appropriation $37,417,000

County Arterial Preservation Account‑-State

Appropriation......................................................... $29,360,000

TOTAL APPROPRIATION.................................. $67,651,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $874,000 of the motor vehicle account--state appropriation may be used for county ferry projects as developed pursuant to RCW 47.56.725(4).

      (2) $37,417,000 of the rural arterial trust account--state appropriation is provided solely for county road preservation grant projects as approved by the county road administration board.  These funds may be used to assist counties recovering from federally declared emergencies by providing capitalization advances and local match for federal emergency funding, and may only be made using existing fund balances.  It is the intent of the legislature that the rural arterial trust account be managed based on cash flow.  The county road administration board shall specifically identify any of the selected projects and shall include information concerning the selected projects in its next annual report to the legislature.

NEW SECTION.  Sec. 303.  FOR THE TRANSPORTATION IMPROVEMENT BOARD

Small City Pavement and Sidewalk Account‑-State

Appropriation........................................................... $3,812,000

Transportation Improvement Account‑-State

Appropriation....................................................... $201,050,000

TOTAL APPROPRIATION................................ $204,862,000

      The appropriations in this section are subject to the following conditions and limitations:  The transportation improvement account--state appropriation includes up to $22,143,000 in proceeds from the sale of bonds authorized in RCW 47.26.500.

NEW SECTION.  Sec. 304.  FOR THE DEPARTMENT OF TRANSPORTATION‑- PROGRAM D‑-(DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)‑-CAPITAL

Motor Vehicle Account--State Appropriation.......... $5,433,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $1,364,000 of the motor vehicle account--state appropriation is provided solely for the Olympic region site acquisition debt service payments and administrative costs associated with capital improvement and preservation project and financial management.

      (2) $3,669,000 of the motor vehicle account--state appropriation is provided solely for high priority safety projects that are directly linked to employee safety, environmental risk, or minor works that prevent facility deterioration.

      (3) $400,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

NEW SECTION.  Sec. 305.  FOR THE DEPARTMENT OF TRANSPORTATION‑- IMPROVEMENTS‑-PROGRAM I

Multimodal Transportation Account--State

Appropriation.................................................................. $1,000

Transportation Partnership Account‑-State

Appropriation.................................................... $1,991,547,000

Motor Vehicle Account‑-State Appropriation........ $86,139,000

Motor Vehicle Account‑-Federal Appropriation.. $450,691,000

Motor Vehicle Account‑-Private/Local

Appropriation......................................................... $50,485,000

Transportation 2003 Account (Nickel Account)‑-State

Appropriation....................................................... $436,005,000

State Route Number 520 Corridor Account--State

Appropriation.................................................... $1,019,460,000

TOTAL APPROPRIATION............................. $4,034,328,000

      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 2011-1 as developed April 19, 2011, 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 of this act.

      (2) The department shall, on a quarterly basis beginning July 1, 2011, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account.  Funding provided at a programmatic level for transportation partnership account and transportation 2003 account (nickel account) projects relating to bridge rail, guard rail, fish passage barrier removal, and roadside safety projects must be reported on a programmatic basis.  Projects within this programmatic level funding must be completed on a priority basis and scoped to be completed within the current programmatic budget.  Report formatting and elements must be consistent with the October 2009 quarterly project report.  The department shall also provide the information required under this subsection on a quarterly basis.

      (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 department shall apply for surface transportation program enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in programs I and P including, but not limited to, the state route number 518, state route number 520, Columbia river crossing, and Alaskan Way viaduct projects.

      (5) The department shall apply for the competitive portion of federal transit administration funds for eligible transit-related costs of the state route number 520 bridge replacement and HOV project and the Columbia river crossing project.  The federal funds described in this subsection must not include those federal transit administration funds distributed by formula.  The department shall provide a report regarding this effort to the legislature by October 1, 2011.

      (6) Any redistributed federal funds received by the department must, to the greatest extent possible, be applied first to offset planned expenditures of state funds, and second, to offset planned expenditures of federal funds, on projects as identified in the LEAP transportation documents described in this act.  If the redistributed federal funds cannot be used in this manner, the department must consult with the joint transportation committee prior to obligating any redistributed federal funds.

      (7) The department shall work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on all mega-highway projects and large ferry terminal projects.  These projects must be conducted with active archaeological management.  Additionally, the department shall establish a scientific peer review of independent archaeologists that are knowledgeable about the region and its cultural resources.

      (8) For highway construction projects where the department considers agricultural lands of long-term commercial significance, as defined in RCW 36.70A.030, in reviewing and selecting sites to meet environmental mitigation requirements under the national environmental policy act (42 U.S.C. Sec. 4321 et seq.) and the state environmental policy act (chapter 43.21C RCW), the department shall, to the greatest extent possible, consider using public land first.  If public lands are not available that meet the required environmental mitigation needs, the department may use other sites while making every effort to avoid any net loss of agricultural lands that have a designation of long-term commercial significance.

      (9) $361,000 of the transportation partnership account--state appropriation and $1,245,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for project 0BI4ENV, Environmental Mitigation Reserve - Nickel/TPA project, as indicated in the LEAP transportation document referenced in subsection (1) of this section.  Funds may be used only for environmental mitigation work that is required by permits that were issued for projects funded by the transportation partnership account or transportation 2003 account (nickel account).  As part of the 2012 budget submittal, the department shall provide a list of all projects and associated amounts that are being charged to project OBI4ENV during the 2011-2013 fiscal biennium.

      (10) The transportation 2003 account (nickel account)--state appropriation includes up to $361,005,000 in proceeds from the sale of bonds authorized by RCW 47.10.861.

      (11) The transportation partnership account--state appropriation includes up to $1,427,696,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.

      (12) The motor vehicle account--state appropriation includes up to $66,373,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.

      (13) The state route number 520 corridor account--state appropriation includes up to $987,717,000 in proceeds from the sale of bonds authorized in RCW 47.10.879.

      (14) $391,000 of the motor vehicle account--state appropriation and $4,027,000 of the motor vehicle account--federal appropriation are provided solely for the US 2 High Priority Safety project (100224I).  Expenditure of these funds is for safety projects on state route number 2 between Monroe and Gold Bar, which may include median rumble strips, traffic cameras, and electronic message signs.

      (15) $687,000 of the motor vehicle account--federal appropriation, $16,308,000 of the motor vehicle account--private/local appropriation, and $22,000 of the motor vehicle account--state appropriation are provided solely for the US 2/Bickford Avenue - Intersection Safety Improvements project (100210E).

      (16) $435,000 of the motor vehicle account--state appropriation is provided solely for environmental work on the Belfair Bypass project (300344C).

      (17) $108,000 of the motor vehicle account--federal appropriation and $3,000 of the motor vehicle account--state appropriation are provided solely for the I-5/Vicinity of Joint Base Lewis-McChord - Install Ramp Meters project (300596M).

      (18) $253,444,000 of the transportation partnership account--state appropriation and $66,034,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for the I- 5/Tacoma HOV Improvements (Nickel/TPA) project (300504A).  Funds may not be used to renovate any buildings until a real estate procurement and management plan as outlined in section 604 of this act is complete.

      (19)(a) $8,321,000 of the transportation partnership account--state appropriation and $31,380,000 of the motor vehicle account--federal appropriation are provided solely for the I-5/Columbia River Crossing project (400506A).  Of this amount, $200,000 of the transportation partnership account--state appropriation is provided solely for the department to work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on the Columbia river crossing project.  This project must be conducted with active archaeological management and result in one report that spans the single cultural area in Oregon and Washington.  Additionally, the department shall establish a scientific peer review of independent archaeologists that are knowledgeable about the region and its cultural resources.  No funding from any account may be expended until written confirmation has been received by the department that the state of Oregon is providing an equal amount of additional funding to the project.

      (b) Consistent with the draft environmental impact statement and the Columbia river crossing project's independent review panel report, the Columbia river crossing project's financial plan must include recognition of state transportation funding contributions from both Washington and Oregon, federal transportation funding, and a funding contribution from toll bond proceeds.  Following the refinement of the finance plan as recommended by the independent review panel, the department may seek authorization from the legislature to collect tolls on the existing Columbia river crossing or on a replacement crossing over Interstate 5.

      (20) $107,000 of the motor vehicle account--federal appropriation and $27,000 of the motor vehicle account--state appropriation are provided solely for the SR 9/SR 204 Intersection Improvement project (L2000040).

      (21) $2,134,000 of the motor vehicle account--federal appropriation and $47,000 of the motor vehicle account--state appropriation are provided solely for the US 12/Nine Mile Hill to Woodward Canyon Vic - Build New Highway project (501210T).

      (22) $294,000 of the motor vehicle account--federal appropriation and $13,000 of the motor vehicle account--state appropriation are provided solely for the SR 16/Rosedale Street NW Vicinity - Frontage Road project (301639C).  The frontage road must be built for driving speeds of no more than thirty-five miles per hour.

      (23) $1,000,000 of the motor vehicle account--federal appropriation is provided solely for the SR 20/Race Road to Jacob's Road safety project (L2200042).

      (24) $24,002,000 of the transportation partnership account--state appropriation is provided solely for the SR 28/ US 2 and US 97 Eastmont Avenue Extension project (202800D).

      (25) $569,000 of the motor vehicle account--federal appropriation and $9,000 of the motor vehicle account--state appropriation are provided solely for design and right-of-way work on the I-82/Red Mountain Vicinity project (508208M).  The department shall continue to work with the local partners in developing transportation solutions necessary for the economic growth in the Red Mountain American viticulture area of Benton county.

      (26) $1,500,000 of the motor vehicle account--federal appropriation is provided solely for the I-90 Comprehensive Tolling Study project (100067T).

      (27) $9,422,000 of the motor vehicle account--federal appropriation and $193,000 of the motor vehicle account--state appropriation are provided solely for the I-90/Sullivan Road to Barker Road - Additional Lanes project (609049N).

      (28) Up to $8,000,000 in savings realized on the I-90/Snoqualmie Pass East - Hyak to Keechelus Dam - Corridor project (509009B) may be used for design work on the next two-mile segment of the corridor.  Any additional savings on this project must remain on the corridor.  $590,000 of the funds appropriated for this project may be used to purchase land currently owned by the state parks department.  Project funds may not be used to build or improve buildings until the plan described in section 604 of this act is complete.

      (29) $932,000 of the motor vehicle account--federal appropriation is provided solely for the US 97A/North of Wenatchee - Wildlife Fence project (209790B).

      (30) 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 by October 2011, and annually thereafter until the project is operationally complete.

      (31) It is important that the public and policymakers have accurate and timely access to information related to the Alaskan Way viaduct replacement project as it proceeds to, and during, the construction of all aspects of the project including, but not limited to, information regarding costs, schedules, contracts, project status, and neighborhood impacts.  Therefore, it is the intent of the legislature that the state, city, and county departments of transportation establish a single source of accountability for integration, coordination, tracking, and information of all requisite components of the replacement project, which must include, at a minimum:

      (a) A master schedule of all subprojects included in the full replacement project or program; and

      (b) A single point of contact for the public, media, stakeholders, and other interested parties.

      (32) Within the amounts provided in this section, $20,000 of the motor vehicle account--state appropriation and $980,000 of the motor vehicle account--federal appropriation are provided solely for the department to continue work on a comprehensive tolling study of the state route number 167 corridor (project 316718S).  As funding allows, the department shall also continue work on a comprehensive tolling study of the state route number 509 corridor.

      (33)(a) $131,303,000 of the transportation partnership account--state appropriation, $51,410,000 of the transportation 2003 account (nickel account)--state appropriation, and $10,000,000 of the motor vehicle account--federal 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 and must be constructed with a footprint that would accommodate potential future express toll lanes.

      (b) As part of the project, the department shall conduct a traffic and revenue analysis and complete a financial plan to provide additional information on the revenues, expenditures, and financing options available for active traffic management and congestion relief in the Interstate 405 and state route number 167 corridors.  A report must be provided to the transportation committees of the legislature and the office of financial management by January 2012.  However, this subsection (33)(b) is null and void if chapter . . . (Engrossed House Bill No. 1382), Laws of 2011 (I-405 express toll lanes) is enacted by June 30, 2011.

      (34) Funding for a signal at state route number 507 and Yew Street is included in the appropriation for intersection and spot improvements (0BI2002).

      (35) $226,809,000 of the transportation partnership account--state appropriation and $1,019,460,000 of the state route number 520 corridor account--state appropriation are provided solely for the state route number 520 bridge replacement and HOV program (8BI1003).  When developing the financial plan for the program, 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.

      (36) $650,000 of the motor vehicle account--federal appropriation is provided solely for the SR 522 Improvements/61st Avenue NE and NE 181st Street project (L1000055).

      (37) $300,000 of the motor vehicle account--federal appropriation is provided solely for the SR 523 Corridor study (L1000059).

      (38) The department shall consider using the city of Mukilteo's off-site mitigation program in the event any projects on state route number 525 or 526 require environmental mitigation.

      (39) Any savings on projects on the state route number 532 corridor must be used within the corridor to begin work on flood prevention and raising portions of the highway above flood and storm influences.

NEW SECTION.  Sec. 306.  FOR THE DEPARTMENT OF TRANSPORTATION‑- PRESERVATION‑-PROGRAM P

Transportation Partnership Account‑-State

Appropriation......................................................... $34,182,000

Motor Vehicle Account‑-State Appropriation........ $67,790,000

Motor Vehicle Account‑-Federal Appropriation.. $632,489,000

Motor Vehicle Account‑-Private/Local Appropriation $19,253,000

TOTAL APPROPRIATION................................ $753,714,000

      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 2011-1 as developed April 19, 2011, 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 of this act.

      (2) The department shall, on a quarterly basis beginning July 1, 2011, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account.  Funding provided at a programmatic level for transportation partnership account projects relating to seismic bridges must be reported on a programmatic basis.  Projects within this programmatic level funding must be completed on a priority basis and scoped to be completed within the current programmatic budget.  The department shall work with the office of financial management and the transportation committees of the legislature to agree on report formatting and elements.  Elements must include, but not be limited to, project scope, schedule, and costs.  The department shall also provide the information required under this subsection on a quarterly basis.

      (3) The department of transportation shall continue to implement the lowest life-cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds.  Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.

      (4) Any redistributed federal funds received by the department must, to the greatest extent possible, be applied first to offset planned expenditures of state funds, and second, to offset planned expenditures of federal funds, on projects as identified in the LEAP transportation documents described in this act.  If the redistributed federal funds cannot be used in this manner, the department must consult with the joint transportation committee prior to obligating any redistributed federal funds.

      (5) 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.

      (6) The department shall apply for surface transportation program enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in programs I and P.

      (7) The motor vehicle account--state appropriation includes up to $17,652,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.

      (8) The department must work with cities and counties to develop a comparison of direct and indirect labor costs, overhead rates, and other costs for high-cost bridge inspections charged by the state, counties, and other entities.  The comparison is due to the transportation committees of the legislature on September 1, 2011.

      (9) $277,000 of the motor vehicle account--federal appropriation and $10,000 of the motor vehicle account--state appropriation are provided solely for the environmental impact statement and preliminary planning for the replacement of the state route number 9 Snohomish river bridge (project L2000018).

      (10) $9,641,000 of the motor vehicle account--federal appropriation, $2,000,000 of the motor vehicle account--private/local appropriation, and $361,000 of the motor vehicle account--state appropriation are provided solely for the SR 21/Keller Ferry - Replace Boat project (602110J).

      (11) $3,093,000 of the motor vehicle account--federal appropriation is provided solely for the I-90/Ritzville to Tokio - Paving of Outside Lanes project (609041G).

      (12) $2,733,000 of the motor vehicle account--federal appropriation and $114,000 of the motor vehicle 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.

      (13) $295,000 of the motor vehicle account--federal appropriation and $5,000 of the motor vehicle account--state appropriation are provided solely for the SR 906/Travelers Rest - Building Renovation project (090600A).

NEW SECTION.  Sec. 307.  FOR THE DEPARTMENT OF TRANSPORTATION‑- TRAFFIC OPERATIONS‑-PROGRAM Q‑-CAPITAL

Motor Vehicle Account‑-State Appropriation.......... $6,439,000

Motor Vehicle Account‑-Federal Appropriation...... $5,600,000

TOTAL APPROPRIATION.................................. $12,039,000

      The appropriations in this section are subject to the following conditions and limitations:  $1,000,000 of the motor vehicle account-- state appropriation for project 000005Q is provided solely for 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.

NEW SECTION.  Sec. 308.  FOR THE DEPARTMENT OF TRANSPORTATION-- WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W

Puget Sound Capital Construction Account--State

Appropriation......................................................... $68,013,000

Puget Sound Capital Construction Account--Federal

Appropriation......................................................... $41,500,000

Transportation 2003 Account (Nickel Account)--State

Appropriation....................................................... $118,027,000

Transportation Partnership Account--State

Appropriation......................................................... $12,536,000

Multimodal Transportation Account--State

Appropriation......................................................... $43,265,000

TOTAL APPROPRIATION................................ $283,341,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $68,013,000 of the Puget Sound capital construction account--state appropriation, $41,500,000 of the Puget Sound capital construction account--federal appropriation, $12,536,000 of the transportation partnership account--state appropriation, $118,027,000 of the transportation 2003 account (nickel account)--state appropriation, and $43,265,000 of the multimodal transportation account--state appropriation are provided solely for ferry projects, as listed in LEAP Transportation Document 2011-2 ALL PROJECTS as developed April 19, 2011, Program - Washington State Ferries Capital Program (W).

      (2) The department shall work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on all large ferry terminal projects.  These projects must be conducted with active archaeological management.

      (3) The multimodal transportation account--state appropriation includes up to $43,265,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.

      (4) The transportation 2003 account (nickel account)--state appropriation includes up to $82,143,000 in proceeds from the sale of bonds authorized in RCW 47.10.861.

      (5) The Puget Sound capital construction account--state appropriation includes up to $52,516,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.

      (6) Appropriations used for labor costs may be used only for obligations under applicable collective bargaining agreements, civil service laws, court orders, and judgments.

      (7) $20,906,000 of the transportation 2003 account (nickel account)--state appropriation, $9,711,000 of the multimodal transportation account--state appropriation, and $1,537,000 of the Puget Sound capital construction account--state appropriation are provided solely for the acquisition of new Kwa-di-tabil class ferry vessels subject to the conditions of RCW 47.56.780.

      (8) $33,404,000 of the multimodal transportation account--state appropriation, $2,000,000 of the Puget Sound capital construction account--state appropriation, $11,500,000 of the transportation partnership account--state appropriation, and $81,085,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for the acquisition of two 144-car vessels contingent upon new and sufficient resources.  Of these amounts, $123,828,000 is provided solely for the first 144-car vessel.  The department shall use as much already procured equipment as practicable on the 144-car vessel.  The construction contract must require the vendor to present to the joint transportation committee and the office of financial management, within sixty days of signing the contract, a list of design options that will result in significant cost savings changes in terms of construction or the long-term maintenance and operations of the vessel.  The contract must allow for exercising the options without a penalty.  If neither chapter ... (Engrossed Substitute Senate Bill No. 5742), Laws of 2011 nor chapter ... (House Bill No. 2083), Laws of 2011 is enacted by June 30, 2011, $75,000,000 of the transportation 2003 account (nickel account)--state appropriation in this subsection lapses.

      (9) The department shall provide to the office of financial management and the legislature quarterly reports providing the status on each project listed in this section and in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2011-2013 fiscal biennium.  Elements must include, but not be limited to, project scope, schedule, and costs.  The department shall also provide the information required under this subsection via the transportation executive information system.  The quarterly report regarding the status of projects identified on the list referenced in subsection (1) of this section must be developed according to an earned value method of project monitoring.

      (10) The department shall review and adjust its capital program staffing levels to ensure staffing is at the most efficient level necessary to implement the capital program in the omnibus transportation appropriations act.  The review must include a comparison to the findings of the 2009 capital staffing levels report.  The Washington state ferries shall report this review and adjustment to the office of financial management and the house and senate transportation committees of the legislature by July 2012.

      (11) $3,932,000 of the total appropriation is provided solely for continued permitting work on the Mukilteo ferry terminal (project 952515P).  The department shall seek additional federal funding for this project.  Prior to beginning terminal improvements, the department shall report to the legislature on the final environmental impact statement by December 31, 2012.  The report must include an overview of the costs and benefits of each of the alternatives considered, as well as an identification of costs and a funding plan for the preferred alternative.

      (12) The department shall conduct an analysis of the Eagle Harbor slips to determine the cost benefit of replacing or repairing existing structures with new structures including, but not limited to, dolphins and wingwalls.  A report on this analysis is due to the legislature by December 31, 2011.

      (13) The department shall review all terminal project cost estimates to identify projects where similar design requirements could result in reduced preliminary engineering or miscellaneous items costs.  The department shall report to the legislature by September 1, 2011.  The report must use programmatic design and include estimated cost savings by reducing repetitive design costs or miscellaneous costs, or both, applied to projects.

      (14) $2,000,000 of the Puget Sound capital construction account-- state appropriation is provided solely for emergency capital repair costs.  Funds may be spent only after approval from the office of financial management.

      (15) $7,167,000 of the Puget Sound capital construction account-- state appropriation is provided solely for the reservation and communications system project.

NEW SECTION.  Sec. 309.  FOR THE DEPARTMENT OF TRANSPORTATION‑- RAIL‑-PROGRAM Y‑-CAPITAL

Essential Rail Assistance Account--State

Appropriation........................................................... $1,000,000

Transportation Infrastructure Account‑-State

Appropriation........................................................... $5,838,000

Multimodal Transportation Account--State

Appropriation......................................................... $52,000,000

Multimodal Transportation Account‑-Federal

Appropriation....................................................... $366,314,000

Multimodal Transportation Account--Private/Local

Appropriation........................................................... $1,292,000

TOTAL APPROPRIATION................................ $426,444,000

      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 2011-2 ALL PROJECTS as developed April 19, 2011, Program - Rail Capital Program (Y).

      (b) Within the amounts provided in this section, $2,903,000 of the transportation infrastructure account--state appropriation is for low- interest loans through the freight rail investment bank program for specific projects listed as recipients of these loans in the LEAP transportation document identified 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, $1,754,000 of the multimodal transportation account--state appropriation and $1,000,000 of the essential rail assistance account--state appropriation are for statewide emergent freight rail assistance projects identified in the LEAP transportation document identified in (a) of this subsection.

      (2)(a) If any funds remain in the program reserves (F01001A & F01000A) for the program and projects listed in subsection (1)(b) and (c) of this section, the department shall issue a call for projects for the freight rail investment bank (FRIB) loan program and the emergent freight rail assistance program (FRAP) grants, and shall evaluate the applications according to the cost-benefit methodology developed during the 2008 interim using the legislative priorities specified in (c) of this subsection.  Unsuccessful FRAP grant applicants should be encouraged to apply to the FRIB loan program, if eligible.  By November 1, 2011, the department shall submit a prioritized list of recommended projects to the office of financial management and the transportation committees of the legislature.

      (b) 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 (c) 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.

      (c) 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.

      (3) The department is directed to expend unallocated federal rail crossing funds in lieu of or in addition to state funds for eligible costs of projects in program Y.

      (4) 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.

      (5) The department shall, on a quarterly basis, provide to the office of financial management and the legislature reports providing the status on active projects identified in the LEAP transportation document described in subsection (1)(a) of this section.  Report formatting and elements must be consistent with the October 2009 quarterly project report.

      (6) The multimodal transportation account--state appropriation includes up to $19,684,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.

      (7) When the balance of that portion of the miscellaneous program account apportioned to the department for the grain train program reaches $1,180,000, the department shall acquire additional grain train railcars.

      (8) $1,087,000 of the multimodal transportation account--state appropriation is provided solely as state matching funds for successful grant applications to either the federal rail line relocation and improvement program (project 798999D) or new federal high-speed rail grants.

      (9) The Burlington Northern Santa Fe Skagit river bridge is an integral part of the rail system.  Constructed in 1916, the bridge does not meet current design standards and is at risk during flood events that occur on the Skagit river.  The department shall work with Burlington Northern Santa Fe and local jurisdictions to secure federal funding for the Skagit river bridge and to develop an appropriate replacement plan and schedule.

      (10) $339,139,000 of the multimodal transportation account--federal appropriation and $5,099,000 of the multimodal transportation account-- state appropriation are provided solely for expenditures related to passenger high-speed rail grants.  At one and one-half percent of the total project funds, the multimodal transportation account--state funds are provided solely for expenditures that are not federally reimbursable.  Funding in this subsection is the initial portion of multiyear high-speed rail program grants awarded to Washington state for high-speed intercity passenger rail investments.  Funding will allow for two additional round trips between Seattle and Portland and other rail improvements.

      (11) $750,000 of the multimodal transportation account--state appropriation is provided solely for the Port of Royal Slope rehabilitation project (L1000053).  Funding is contingent upon the project completing the rail cost-benefit methodology process developed during the 2008 interim using the legislative priorities outlined in subsection (2)(c) of this section.

NEW SECTION.  Sec. 310.  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

Motor Vehicle Account‑-State Appropriation.......... $3,754,000

Motor Vehicle Account‑-Federal Appropriation.... $31,856,000

Freight Mobility Investment Account‑-State

Appropriation......................................................... $11,278,000

Transportation Partnership Account‑-State

Appropriation........................................................... $6,035,000

 Freight Mobility Multimodal Account‑-State

Appropriation......................................................... $12,117,000

Freight Mobility Multimodal Account‑-Local

      Appropriation                                                     $4,752,000

Multimodal Transportation Account‑-State

Appropriation......................................................... $18,453,000

Passenger Ferry Account--State Appropriation....... $1,115,000

TOTAL APPROPRIATION.................................. $91,169,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall, on a quarterly basis beginning July 1, 2011, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account.  Report formatting and elements must be consistent with the October 2009 quarterly project report.  The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information system.

      (2) $1,115,000 of the passenger ferry account--state appropriation is provided solely for near and long-term costs of capital improvements and operating expenses that are consistent with the business plan approved by the governor for passenger ferry service.

      (3) The department shall apply for surface transportation program enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in local programs, program Z--capital.

      (4) Federal funds may be transferred from program Z to programs I and P and state funds must be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match.  Fund transfers authorized under this subsection shall not affect project prioritization status.  Appropriations must initially be allotted as appropriated in this act.  The department may not transfer funds as authorized under this subsection without approval of the office of financial management.  The department shall submit a report on those projects receiving fund transfers to the office of financial management and the transportation committees of the legislature by December 1, 2011, and December 1, 2012.

      (5) The city of Winthrop may utilize a design-build process for the Winthrop bike path project.

      (6) $11,557,000 of the multimodal transportation account--state appropriation, $12,136,000 of the motor vehicle account--federal appropriation, and $5,195,000 of the transportation partnership account--state appropriation are provided solely for the pedestrian and bicycle safety program projects and safe routes to schools program projects identified in:  LEAP Transportation Document 2011-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed April 19, 2011; LEAP Transportation Document 2009-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 30, 2009; LEAP Transportation Document 2007-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed April 20, 2007; and LEAP Transportation Document 2006-B, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 8, 2006.  Projects must be allocated funding based on order of priority.  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 identify where unused grant funds remain because actual project costs were lower than estimated in the grant award.

      (7) 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 2011-2 ALL PROJECTS as developed April 19, 2011, Program - Local Program (Z).

      (8) For the 2011-2013 project appropriations, unless otherwise provided in this act, the director of the office of financial management may authorize a transfer of appropriation authority between projects managed by the freight mobility strategic investment board in order for the board to manage project spending and efficiently deliver all projects in the respective program.

      (9) 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.

      (10) The department shall prepare a list of main street projects, consistent with chapter ... (Engrossed Substitute House Bill No. 1071), Laws of 2011, for approval in the 2013-2015 fiscal biennium.  In order to ensure that any proposed list of projects is consistent with legislative intent, the department shall provide a report to the joint transportation committee by December 1, 2011.  The report must identify the eligible segments of main streets highways, the department's proposed project selection and ranking method, criteria to be considered, and a plan for soliciting project proposals.

      (11) $267,000 of the motor vehicle account--state appropriation and $2,859,000 of the motor vehicle account--federal appropriation are provided solely for completion of the US 101 northeast peninsula safety rest area and associated roadway improvements east of Port Angeles at the Deer Park scenic view point (3LP187A).  The department must surplus any right-of-way previously purchased for this project near Sequim.  Approval to proceed with construction is contingent on surplus of previously purchased right-of-way.

      (12) Up to $3,650,000 of the motor vehicle account--federal appropriation and $23,000 of the motor vehicle account--state appropriation are provided solely to reimburse the cities of Kirkland and Redmond for pavement and bridge deck rehabilitation on state route number 908 (1LP611A).  These funds may not be expended unless the cities sign an agreement stating that the cities agree to take ownership of state route number 908 in its entirety and agree that the payment of these funds represents the entire state commitment to the cities for state route number 908 expenditures.

      (13) $225,000 of the multimodal transportation account--state appropriation is provided solely for the Shell Valley emergency road and bicycle/pedestrian path (L1000036).

      (14) $150,000 of the motor vehicle account--state appropriation is provided solely for flood reduction solutions on state route number 522 caused by the lower McAleer and Lyon creek basins (L1000041).

      (15) $896,000 of the multimodal transportation account--state appropriation is provided solely for realignment of Parker Road and construction of secondary access off of state route number 20 (L2200040).

      (16) An additional $2,500,000 of the motor vehicle account--federal appropriation is provided solely for the Strander Blvd/SW 27th St Connection project (1LP902F), which amount is reflected in the LEAP transportation document identified in subsection (7) of this section.  These funds may only be committed if needed, may not be used to supplant any other committed project partnership funding, and must be the last funds expended.

      (17) $500,000 of the motor vehicle account--federal appropriation is provided solely for safety improvements at the intersection of South Wapato and McDonald Road (L1000052).

      (18) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for the state route number 432 rail realignment and highway improvements project (L1000056).

      (19) $500,000 of the multimodal transportation account--state appropriation is provided solely for a multimodal corridor plan on state route number 520 between Interstate 405 and Avondale Road in Redmond (L1000054).

      (20) $100,000 of the motor vehicle account--federal appropriation is provided solely for state route number 164 and Auburn Way South pedestrian improvements (L1000057).

      (21) $115,000 of the motor vehicle account--federal appropriation is provided solely for median street lighting on state route number 410 (L1000058).

      (22) $60,000 of the multimodal transportation account--state appropriation is provided solely for a cross docking study for the port of Douglas county (L1000060).

      (23) $100,000 of the motor vehicle account--federal appropriation is provided solely for city of Auburn - 8th and R Street NE intersection improvements (L2200043).

      (24) $65,000 of the multimodal transportation account--state appropriation is provided solely for the Puget Sound regional council to further the implementation of multimodal concurrency practice through a transit service overlay zone implemented at the local level (L1000061).  This approach will improve the linkage of land use and transportation investment decisions, improve the efficiency of transit service by encouraging transit-supportive development, provide incentives for developers, and support integrated regional growth, economic development, and transportation plans.  In carrying out this work, the council shall involve representatives from cities and counties, developers, transit agencies, and other interested stakeholders, and shall consult with other regional transportation planning organizations across the state.  The council shall report the results of their work and recommendations to the joint transportation committee by December 2011, with a final report to the transportation committees of the legislature by January 31, 2012.

NEW SECTION.  Sec. 311.  FEDERAL FUNDS RECEIVED FOR CAPITAL PROJECT EXPENDITURES

      To the greatest extent practicable, the department of transportation shall expend federal funds received for capital project expenditures before state funds.

 

TRANSFERS AND DISTRIBUTIONS

 

NEW SECTION.  Sec. 401.  FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE

Highway Bond Retirement Account--State Appropriation $920,560,000

Ferry Bond Retirement Account--State Appropriation $31,801,000

State Route Number 520 Corridor Account--State

Appropriation........................................................... $1,075,000

Transportation Improvement Board Bond Retirement

Account--State Appropriation................................ $16,544,000

Nondebt-Limit Reimbursable Account Appropriation             $25,200,000

Transportation Partnership Account--State

Appropriation........................................................... $3,142,000

Motor Vehicle Account--State Appropriation............. $333,000

Transportation 2003 Account (Nickel Account)--State

Appropriation........................................................... $1,140,000

Transportation Improvement Account--State Appropriation $29,000

 Multimodal Transportation Account--State

Appropriation.............................................................. $138,000

Toll Facility Bond Retirement Account--State

Appropriation......................................................... $33,792,000

Toll Facility Bond Retirement Account--Federal

Appropriation......................................................... $14,649,000

TOTAL APPROPRIATION............................. $1,048,403,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $4,610,000 of the highway bond retirement account--state appropriation is provided solely for debt service on bonds issued to construct a ferry boat vessel with a carrying capacity of one hundred forty-four cars.  If neither chapter ... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the amount provided in this subsection lapses.

      (2) $165,000 of the transportation 2003 account (nickel account)-- state appropriation is provided solely for discounts on bonds sold to construct a ferry boat vessel with a carrying capacity of one hundred forty-four cars.  If neither chapter ... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the amount provided in this subsection lapses.

NEW SECTION.  Sec. 402.  FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES

State Route Number 520 Corridor Account--State

Appropriation................................................................ $68,000

Transportation Partnership Account--State

Appropriation.............................................................. $608,000

Motor Vehicle Account--State Appropriation............... $60,000

Transportation 2003 Account (Nickel Account)--State

Appropriation.............................................................. $219,000

Transportation Improvement Account--State Appropriation $5,000

Multimodal Transportation Account--State

Appropriation................................................................ $26,000

TOTAL APPROPRIATION....................................... $986,000

      The appropriations in this section are subject to the following conditions and limitations:  $30,000 of the transportation 2003 account (nickel account)--state appropriation is provided solely for expenses associated with bonds sold to construct a ferry boat vessel with a carrying capacity of one hundred forty-four cars.  If neither chapter ... (House Bill No. 2083), Laws of 2011 nor chapter ... (Engrossed Substitute Senate Bill No. 5742) is enacted by June 30, 2011, the amount provided in this subsection lapses.

NEW SECTION.  Sec. 403.  FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR MVFT BONDS AND TRANSFERS

Motor Vehicle Account‑-State Appropriation:  For

      transfer to the Puget Sound Capital Construction

Account................................................................... $52,516,000

      The department of transportation is authorized to sell up to $52,516,000 in bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead-time materials acquisition for the Washington state ferries.  Of the authorized amounts, $14,500,000 is provided solely for expenditures made during the fiscal biennium ending June 30, 2011.

NEW SECTION.  Sec. 404.  FOR THE STATE TREASURER‑-STATE REVENUES FOR DISTRIBUTION

Motor Vehicle Account--State Appropriation for motor

      vehicle fuel tax distributions to cities and

counties.................................................................. $478,155,000

NEW SECTION.  Sec. 405.  FOR THE STATE TREASURER‑-TRANSFERS

Motor Vehicle Account‑-State Appropriation:  For

      motor vehicle fuel tax refunds and statutory

transfers.............................................................. $1,246,357,000

NEW SECTION.  Sec. 406.  FOR THE DEPARTMENT OF LICENSING‑- TRANSFERS

Motor Vehicle Account‑-State Appropriation:  For

................................ motor vehicle fuel tax refunds and transfers          $127,984,000

NEW SECTION.  Sec. 407.  FOR THE STATE TREASURER‑-ADMINISTRATIVE TRANSFERS

      (1) Tacoma Narrows Toll Bridge Account--State

Appropriation:  For transfer to the Motor Vehicle

Account--State.............................................................. $543,000

      (2) Motor Vehicle Account--State Appropriation:

For transfer to the Puget Sound Ferry Operations

Account--State......................................................... $46,500,000

      (3) Recreational Vehicle Account--State

Appropriation:  For transfer to the Motor Vehicle

Account--State........................................................... $1,450,000

      (4) License Plate Technology Account--State

Appropriation:  For transfer to the Highway Safety

Account--State........................................................... $3,200,000

      (5) Multimodal Transportation Account--State

Appropriation:  For transfer to the Puget Sound

Ferry Operations Account--State............................ $43,000,000

      (6) Highway Safety Account--State Appropriation:

For transfer to the Motor Vehicle Account--State.. $23,000,000

      (7) Department of Licensing Services Account--State

Appropriation:  For transfer to the Motor Vehicle

Account--State.............................................................. $400,000

      (8) Advanced Right-of-Way Revolving Fund:  For transfer

to the Motor Vehicle Account--State........................ $5,000,000

      (9) State Route Number 520 Civil Penalties

Account--State Appropriation:  For transfer to the

State Route Number 520 Corridor Account--State...... $754,000

      (10) Rural Mobility Grant Program Account--State

Appropriation:  For transfer to the Multimodal

Transportation Account--State................................. $3,000,000

      (11) Motor Vehicle Account--State Appropriation:

For transfer to the State Patrol Highway Account--

State......................................................................... $14,000,000

      (12) State Route Number 520 Corridor Account--State Appropriation:  For transfer to the Motor Vehicle Account--State, in an amount equal to funds dispersed during the 2009-2011 fiscal biennium authorized under section 805(7) of this act.

      (13) Motor Vehicle Account--State Appropriation:

 For transfer to the Special Category C Account--State $1,500,000

      (14) Regional Mobility Grant Program Account--State

Appropriation:  For transfer to the Multimodal

Transportation Account--State................................. $1,000,000

      (15) State Patrol Highway Account--State

Appropriation:  For transfer to the Vehicle

Licensing Fraud Account.............................................. $100,000

      (16) State Route Number 520 Corridor Account--State

Appropriation:  For transfer to the Motor Vehicle

Account..................................................................... $2,435,000

      (17) The transfers identified in this section are subject to the following conditions and limitations:

      (a) The amount transferred in subsection (1) of this section represents repayment of operating loans and reserve payments provided to the Tacoma Narrows toll bridge account from the motor vehicle account in the 2005-2007 fiscal biennium.

      (b) The transfer in subsection (9) of this section represents toll revenue collected from toll violations.

NEW SECTION.  Sec. 408.  STATUTORY APPROPRIATIONS

      In addition to the amounts appropriated in this act for revenue for distribution, state contributions to the law enforcement officers' and firefighters' retirement system, and bond retirement and interest including ongoing bond registration and transfer charges, transfers, interest on registered warrants, and certificates of indebtedness, there is also appropriated such further amounts as may be required or available for these purposes under any statutory formula or under any proper bond covenant made under law.

NEW SECTION.  Sec. 409.  The department of transportation is authorized to undertake federal advance construction projects under the provisions of 23 U.S.C. Sec. 115 in order to maintain progress in meeting approved highway construction and preservation objectives.  The legislature recognizes that the use of state funds may be required to temporarily fund expenditures of the federal appropriations for the highway construction and preservation programs for federal advance construction projects prior to conversion to federal funding.

 

COMPENSATION

 

NEW SECTION.  Sec. 501.  COLLECTIVE BARGAINING AGREEMENTS

      Provisions or terms and conditions of collective bargaining agreements contained in this act are described in general terms.  The collective bargaining agreements or terms and conditions contained in this section and sections 502 through 505 of this act may also be funded by expenditures from nonappropriated accounts.  If positions are funded with lidded grants or dedicated fund sources with insufficient revenue, additional funding from other sources is not provided.

NEW SECTION.  Sec. 502.  COLLECTIVE BARGAINING AGREEMENTS--WSP TROOPERS ASSOCIATION

      No agreement has been reached between the governor and the Washington state patrol trooper's association under chapter 41.56 RCW for the 2011-2013 fiscal biennium.  Appropriations for the Washington state patrol in this act are sufficient to fund the provisions of the 2009-2011 agreement.

NEW SECTION.  Sec. 503.  COLLECTIVE BARGAINING AGREEMENTS--WSP LIEUTENANTS ASSOCIATION

      No agreement has been reached between the governor and the Washington state patrol lieutenant's association under chapter 41.56 RCW for the 2011-2013 fiscal biennium.  Appropriations for the Washington state patrol in this act are sufficient to fund the provisions of the 2009-2011 agreement.

NEW SECTION.  Sec. 504.  DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTS--IBU, METAL TRADES, OPEIU, MEBA-UL, MEBA-L, MM&P, FASSPA, SEIU LOCAL NO. 6

      (1) Agreements have been reached between the governor and the following unions effective July 1, 2011:  Inlandboatmen's union of the pacific; Puget Sound metal trades council; office and professional employees international union local No. 8; marine engineers' beneficial association (unlicensed engine room employees); marine engineers' beneficial association (licensed engineer officers); masters, mates, and pilots; ferry agents, supervisors, and project administrators association and service employees international union local No. 6 under chapter 47.64 RCW for the 2011-2013 fiscal biennium.

      (2) Funding is reduced to reflect a reduction to overtime calculation, travel pay for relief employees, and reduced vacation leave accruals.

      (3) Except for office and professional employees international union local No. 8, funding is reduced to reflect a three percent temporary salary reduction for all employees for fiscal years 2012 and 2013 through June 29, 2013.  Entry level rates for employees under the inlandboatmen's union of the pacific and service employees international union local No. 6 are not subject to the three percent temporary salary reduction.

      (4) For employees covered under the office and professional employees international union local No. 8 agreement, funding is reduced to reflect a three percent temporary salary reduction for all employees whose monthly full-time equivalent salary is two thousand five hundred dollars or more per month for fiscal years 2012 and 2013 through June 29, 2013.  Temporary salary reduction leave is granted for employees covered under the office and professional employees international union local No. 8 agreement for the term of the 2011-2013 agreement.

      (5) Effective June 30, 2013, the salary schedules effective July 1, 2009, through June 29, 2011, will be reinstated for all of the agreements.

      (6) Appropriations in this act reflect funding to staff vessels according to United States coast guard certificates of inspection per the agreement noted in subsection (1) of this section.

      (7) Appropriations in this act do not reflect funding to fund state employee health benefits for employees represented by the super coalition on health benefits or employees outside of the super coalition on health benefits.  Acceptance of the super coalition on health benefits agreement will be contingent upon sufficient funding in the 2011-2013 omnibus operating appropriations act.  Funding for health benefits for employees outside of the super coalition on health benefits will be in accordance with appropriations in the 2011-2013 omnibus operating appropriations act.

NEW SECTION.  Sec. 505.  DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTS--TERMS AND CONDITIONS

No agreement has been reached between the governor and the masters, mates, and pilots marine operations watch supervisors under chapter 47.64 RCW for the 2011-2013 fiscal biennium.  Appropriations in this act reflect funding to maintain the provisions or terms and conditions of the 2009-2011 agreements for fiscal year 2012.  Fiscal year 2013 appropriations are reduced to reflect management priorities in collective bargaining.

 

IMPLEMENTING PROVISIONS

 

NEW SECTION.  Sec. 601.  ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS

      (1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW.  When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements, or financial contracts using certificates of participation.  Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.

      (2) State agencies may enter into agreements with the department of general administration and the state treasurer's office to develop requests to the legislature for the acquisition of properties and facilities through financial contracts.  The agreements may include charges for services rendered.

      (a) Department of transportation:  Enter into a financing contract for up to $10,824,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the acquisition and implementation of a time, leave, and labor distribution system that is integrated with the state's accounting and human resource management systems.

      (b) Department of licensing:  Enter into a financing contract for up to $7,414,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the purchase of a prorate and fuel tax system.

      (c) Washington state patrol:  (i) Enter into a financing contract for up to $8,241,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase and install mobile office platforms in state patrol and pursuit vehicles.

      (ii) Enter into a financing contract for up to $40,100,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase equipment and engineering services to convert to a narrowband digital system.

NEW SECTION.  Sec. 602.  MEGA-PROJECT REPORTING

      Mega-projects are defined as individual or groups of related projects that cost $1,000,000,000 or more.  These projects include, but are not limited to:  Alaskan Way viaduct, SR 520, SR 167, I-405, North Spokane corridor, I-5 Tacoma HOV, I-90 Snoqualmie Pass, and the Columbia river crossing.  The department of transportation shall track mega-projects and report the financial status and schedule of these projects at least once a year to the transportation committees of the legislature and the office of financial management.  The design of mega-projects must be evaluated considering cost, capacity, safety, mobility needs, and how well the design of the facility fits within its urban environment.

NEW SECTION.  Sec. 603.  FUND TRANSFERS

      (1) The transportation 2003 projects or improvements and the 2005 transportation partnership projects or improvements are listed in LEAP Transportation Document 2011-1 as developed April 19, 2011, which consists of a list of specific projects by fund source and amount over a sixteen-year period.  Current fiscal biennium funding for each project is a line-item appropriation, while the outer year funding allocations represent a sixteen-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.  For the 2009-2011 and 2011-2013 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 2012 supplemental transportation budget, any unexpended 2009-2011 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 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. 604.  (1) The department of transportation shall prepare a plan to improve the oversight of real estate procurement and management practices across all departmental programs and regions, including the Washington state ferries.  The plan must be submitted to the governor and the joint transportation committee by September 1, 2012.  The plan must include:

      (a) An inventory of all currently owned and leased office space, tunnel and bridge operations and maintenance facilities, and traffic management centers;

      (b) A list of all facilities that will be needed for tunnel and bridge operations or maintenance in the next ten years and the funding source that is assumed for these facilities;

      (c) A prioritized list of all buildings that are planned to be constructed, renovated, or remodeled in the next ten years and the funding source that is assumed for these facility improvements;

      (d) A list of options for consolidating staff, equipment, and operations activities to reduce costs.  This list must include an evaluation of the costs and benefits of owning properties as compared to leasing them using a life-cycle cost analysis; and

      (e) A process and plan for regularly evaluating needs for office space, tunnel and bridge operations and maintenance facilities, and traffic management.

      (2) Except as provided otherwise in the act, until September 1, 2012, the department of transportation may not enter into new leases, equal value exchanges, or property acquisitions for office needs without first consulting with the office of financial management and the joint transportation committee.

NEW SECTION.  Sec. 605.  Executive Order number 05-05, archaeological and cultural resources, was issued effective November 10, 2005.  Agencies and higher education institutions that issue grants or loans for capital projects shall comply with the requirements set forth in this executive order.

NEW SECTION.  Sec. 606.  FOR THE DEPARTMENT OF TRANSPORTATION

      As part of its annual budget submittal, the department shall provide an annual update to the legislature and the office of financial management that:

      (1) Compares the original project cost estimates approved in the transportation 2003 and 2005 transportation partnership 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;

      (2) Identifies highway projects that may be reduced in scope and still achieve a functional benefit;

      (3) Identifies highway projects that have experienced scope increases and that can be reduced in scope;

      (4) Identifies highway projects that have lost significant local or regional contributions that were essential to completing the project; and

      (5) Identifies contingency amounts allocated to projects.

NEW SECTION.  Sec. 607.  FOR THE DEPARTMENT OF TRANSPORTATION

      As part of its 2012 supplemental budget submittal, the department shall provide a report to the legislature and the office of financial management that:

      (1) Identifies, by capital project, the amount of state funding that has been reappropriated from the 2009-2011 fiscal biennium into the 2011-2013 fiscal biennium; and

      (2) Identifies, for each project, the amount of cost savings or increases in funding that have been identified as compared to the 2011 enacted transportation budget.

NEW SECTION.  Sec. 608.  STAFFING LEVELS

      (1) As the department of transportation completes delivery of the projects funded by the 2003 and 2005 transportation revenue packages, it is clear that the current staffing levels necessary to deliver these projects are not sustainable into the future.  Therefore, the department is directed to quickly move forward to develop and implement new business practices so that a smaller, more nimble state workforce can effectively and efficiently deliver transportation improvement programs as they are approved in the future, in strong partnership with the private sector, while protecting the public's interests and assets.

      (2) To this end, the department of transportation is directed to reduce the size of its engineering and technical workforce to a level sustained by current law revenue levels currently estimated at two thousand FTEs by the end of the 2013-2015 fiscal biennium.  The department's current two thousand eight hundred FTE engineering and technical workforce levels for highway construction will be reduced in the 2011-2013 fiscal biennium, with a target of two thousand four hundred FTEs by June 30, 2013, and to a level of two thousand FTEs by June 30, 2015.

      (3) In order to successfully deliver the highway construction program as funded, the department of transportation may continue to contract out engineering and technical services.  In addition, the department may continue the incentive program for retirements and employee separations.  The department shall report quarterly to the office of financial management and the transportation committees of the legislature on its progress and plans to reduce highway construction workforce levels to two thousand FTEs by June 2015.  This report must also be posted on the department's web site.

NEW SECTION.  Sec. 609.  VOLUNTARY RETIREMENT, SEPARATION, AND DOWNSHIFTING INCENTIVES

      As a management tool to reduce costs and make more effective use of resources, while improving employee productivity and morale, agencies may implement a voluntary retirement, separation, and/or downshifting incentive program that is cost neutral or results in cost savings over a two-year period following the commencement of the program, provided that such a program is approved by the director of financial management.

      Agencies participating in this authorization may offer voluntary retirement, separation, and/or downshifting incentives and options according to procedures and guidelines established by the office of financial management, in consultation with the department of personnel and the department of retirement systems.  The options may include, but are not limited to, financial incentives for:  Voluntary separation or retirement, voluntary leave-without-pay, voluntary workweek or work hour reduction, voluntary downward movement, or temporary separation for development purposes.  An employee does not have a contractual right to a financial incentive offered pursuant to this section.

      Offers must be reviewed and monitored jointly by the department of personnel and the department of retirement systems.  Agencies are required to submit a report by June 30, 2013, to the legislature and the office of financial management on the outcome of their approved incentive program.  The report must include information on the details of the program, including resulting service delivery changes, agency efficiencies, the cost of the incentive per participant, the total cost to the state, and the projected or actual net dollar savings over the 2011-2013 fiscal biennium.

NEW SECTION.  Sec. 610.  (1) The department of transportation shall provide a report to the joint transportation committee by August 1, 2011, providing recommendations on the department's future business model, staffing scenarios, and methods of program and project delivery.  The report must:

      (a) Detail the sustainable staffing level by program to deliver core functions of the department in the context of forecasted resources as of March 2011;

      (b) Analyze the effect new funding scenarios would have on the sustainable staffing levels for core functions and recommend appropriate staffing levels;

      (c) Describe how the department's sustainable staffing levels would be affected by new funding scenarios and any other actions the department would need to deliver the program associated with the new funding; and

      (d) Evaluate alternative program and project delivery methods to improve efficiency and effectiveness and provide recommendations on legislative changes, if necessary, for their implementation.

      (2) The department shall provide stakeholder involvement opportunities in the development of the report.  There must be a minimum of two such meetings:  One for the purpose of providing contextual and background information; and a second for review and comment of conclusions and recommendations.  Stakeholders must include labor, private engineering contractors, general business interests, representatives of various transportation modes, and others groups as appropriate.

NEW SECTION.  Sec. 611.  FOR THE DEPARTMENT OF TRANSPORTATION

      The department is given the authority to provide up to $3,000,000 in toll credits to Kitsap transit for its role in new passenger-only ferry service and ferry corridor-related projects.  The number of toll credits provided to Kitsap transit must be equal to, but no more than, the number sufficient to meet federal match requirements for grant funding for passenger-only ferry service, but shall not exceed the amount authorized in this section.

 

MISCELLANEOUS 2011-2013 FISCAL BIENNIUM

 

Sec. 701.  RCW 47.29.170 and 2009 c 470 s 702 are each amended to read as follows:

      Before accepting any unsolicited project proposals, the commission must adopt rules to facilitate the acceptance, review, evaluation, and selection of unsolicited project proposals.  These rules must include the following:

      (1) Provisions that specify unsolicited proposals must meet predetermined criteria;

      (2) Provisions governing procedures for the cessation of negotiations and consideration;

      (3) Provisions outlining that unsolicited proposals are subject to a two-step process that begins with concept proposals and would only advance to the second step, which are fully detailed proposals, if the commission so directed;

      (4) Provisions that require concept proposals to include at least the following information:  Proposers' qualifications and experience; description of the proposed project and impact; proposed project financing; and known public benefits and opposition; and

      (5) Provisions that specify the process to be followed if the commission is interested in the concept proposal, which must include provisions:

      (a) Requiring that information regarding the potential project would be published for a period of not less than thirty days, during which time entities could express interest in submitting a proposal;

      (b) Specifying that if letters of interest were received during the thirty days, then an additional sixty days for submission of the fully detailed proposal would be allowed; and

      (c) Procedures for what will happen if there are insufficient proposals submitted or if there are no letters of interest submitted in the appropriate time frame.

      The commission may adopt other rules as necessary to avoid conflicts with existing laws, statutes, or contractual obligations of the state.

      The commission may not accept or consider any unsolicited proposals before July 1, ((2011)) 2013.

NEW SECTION.  Sec. 702.  To the extent that any appropriation authorizes expenditures of state funds from the motor vehicle account, special category C account, Tacoma Narrows toll bridge account, transportation 2003 account (nickel account), transportation partnership account, transportation improvement account, Puget Sound capital construction account, multimodal transportation account, state route number 520 corridor account, or other transportation capital project account in the state treasury for a state transportation program that is specified to be funded with proceeds from the sale of bonds authorized in chapter 47.10 RCW, the legislature declares that any such expenditures made prior to the issue date of the applicable transportation bonds for that state transportation program are intended to be reimbursed from proceeds of those transportation bonds in a maximum amount equal to the amount of such appropriation.

Sec. 703.  RCW 46.18.060 and 2010 1st sp.s. c 7 s 94 and 2010 c 161 s 604 are each reenacted and amended to read as follows:

      (1) The department must review and either approve or reject special license plate applications submitted by sponsoring organizations.

      (2) Duties of the department include, but are not limited to, the following:

      (a) Review and approve the annual financial reports submitted by sponsoring organizations with active special license plate series and present those annual financial reports to the ((senate and house transportation committees)) joint transportation committee;

      (b) Report annually to the ((senate and house of representatives transportation committees)) joint transportation committee on the special license plate applications that were considered by the department;

      (c) Issue approval and rejection notification letters to sponsoring organizations, the department, the ((chairs of the senate and house of representatives transportation committees)) executive committee of the joint transportation committee, and the legislative sponsors identified in each application.  The letters must be issued within seven days of making a determination on the status of an application; and

      (d) Review annually the number of plates sold for each special license plate series created after January 1, 2003.  The department may submit a recommendation to discontinue a special plate series to the ((chairs of the senate and house of representatives transportation committees)) executive committee of the joint transportation committee.

      (3) Except as provided in RCW 46.18.245, in order to assess the effects and impact of the proliferation of special license plates, the legislature declares a temporary moratorium on the issuance of any additional plates until July 1, ((2011)) 2013.  During this period of time, the department is prohibited from accepting, reviewing, processing, or approving any applications.  Additionally, a special license plate may not be enacted by the legislature during the moratorium, unless the proposed license plate has been approved by the former special license plate review board before February 15, 2005.

Sec. 704.  RCW 46.63.170 and 2010 c 161 s 1127 are each amended to read as follows:

      (1) The use of automated traffic safety cameras for issuance of notices of infraction is subject to the following requirements:

      (a) The appropriate local legislative authority must first enact an ordinance allowing for their use to detect one or more of the following:  Stoplight, railroad crossing, or school speed zone violations.  At a minimum, the local ordinance must contain the restrictions described in this section and provisions for public notice and signage.  Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to enact an authorizing ordinance.

      (b) Use of automated traffic safety cameras is restricted to two- arterial intersections, railroad crossings, and school speed zones only.

      (c) During the ((2009-2011)) 2011-2013 fiscal biennium, automated traffic safety cameras may be used to detect speed violations for the purposes of ((section 201(2), chapter 470, Laws of 2009)) section 201(2) of this act if the local legislative authority first enacts an ordinance authorizing the use of cameras to detect speed violations.

      (d) 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.

      (e) A notice of infraction must be mailed to the registered owner of the vehicle within fourteen days of the violation, or to the renter of a vehicle within fourteen days of establishing the renter's name and address under subsection (3)(a) of this section.  The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction.  This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter.  The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction.  A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.

      (f) The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(e) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (3) of this section.  If appropriate under the circumstances, a renter identified under subsection (3)(a) of this section is responsible for an infraction.

      (g) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images prepared under this section are for the exclusive use of law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section.  No photograph, microphotograph, or electronic image may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section.

      (h) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.

      (i) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

      (2) 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 under this section shall be processed in the same manner as parking infractions, including 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 for an infraction generated through the use of an automated traffic safety camera shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction.

      (3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of receiving the written notice, provide to the issuing agency by return mail:

      (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or

      (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction.  A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or

      (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty.

      Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.

      (4) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).

      (5) For the purposes of this section, "automated traffic safety camera" means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system, a railroad grade crossing control system, or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or an activated railroad grade crossing control signal, or exceeds a speed limit in a school speed zone as detected by a speed measuring device.  During the ((2009-2011)) 2011-2013 fiscal biennium, an automated traffic safety camera includes a camera used to detect speed violations for the purposes of ((section 201(2), chapter 470, Laws of 2009)) section 201(2) of this act.

      (6) During the ((2009-2011)) 2011-2013 fiscal biennium, this section does not apply to automated traffic safety cameras for the purposes of ((section 218(2), chapter 470, Laws of 2009)) section 216(5) of this act.

Sec. 705.  RCW 46.63.160 and 2010 c 249 s 6 are each amended to read as follows:

      (1) This section applies only to civil penalties for nonpayment of tolls detected through use of photo toll systems.

      (2) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).

      (3) A notice of civil penalty may be issued by the department of transportation when a toll is assessed through use of a photo toll system and the toll is not paid by the toll payment due date, which is eighty days from the date the vehicle uses the toll facility and incurs the toll charge.

      (4) Any registered owner or renter of a vehicle traveling upon a toll facility operated under chapter 47.56 or 47.46 RCW is subject to a civil penalty governed by the administrative procedures set forth in this section when the vehicle incurs a toll charge and the toll is not paid by the toll payment due date, which is eighty days from the date the vehicle uses the toll facility and incurs the toll charge.

      (5) Consistent with chapter 34.05 RCW, the department of transportation shall develop an administrative adjudication process to review appeals of civil penalties issued by the department of transportation for toll nonpayment detected through the use of a photo toll system under this section.

      (6) The use of a photo toll system is subject to the following requirements:

      (a) Photo toll systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only.

      (b) A notice of civil penalty must include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo toll system, stating the facts supporting the notice of civil penalty.  This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding established under subsection (5) of this section.  The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the toll nonpayment civil penalty must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the civil penalty.

      (c) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, other recorded images, or other records identifying a specific instance of travel prepared under this chapter are for the exclusive use of the tolling agency for toll collection and enforcement purposes and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a civil penalty under this chapter.  No photograph, digital photograph, microphotograph, videotape, other recorded image, or other record identifying a specific instance of travel may be used for any purpose other than toll collection or enforcement of civil penalties under this  section.  Records identifying a specific instance of travel by a specific person or vehicle must be retained only as required to ensure payment and enforcement of tolls and to comply with state records retention policies.

      (d) All locations where a photo toll system is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where tolls are assessed and enforced by a photo toll system.

      (e) Within existing resources, the department of transportation shall conduct education and outreach efforts at least six months prior to activating an all-electronic photo toll system.  Methods of outreach shall include a department presence at community meetings in the vicinity of a toll facility, signage, and information published in local media.  Information provided shall include notice of when all electronic photo tolling shall begin and methods of payment.  Additionally, the department shall provide quarterly reporting on education and outreach efforts and other data related to the issuance of civil penalties.

      (7) Civil penalties for toll nonpayment detected through the use of photo toll systems must be issued to the registered owner of the vehicle identified by the photo toll system, but are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120.

      (8) The civil penalty for toll nonpayment detected through the use of a photo toll system is forty dollars plus the photo toll and associated fees.

      (9) Except as provided otherwise in this subsection, all civil penalties, including the photo toll and associated fees, collected under this section must be deposited into the toll facility account of the facility on which the toll was assessed.  However, ((beginning on July 1, 2011)) through June 30, 2013, civil penalties deposited into the Tacoma Narrows toll bridge account created under RCW 47.56.165 that are in excess of amounts necessary to support the toll adjudication process applicable to toll collection on the Tacoma Narrows bridge must first be allocated toward repayment of operating loans and reserve payments provided to the account from the motor vehicle account under section 1005(15), chapter 518, Laws of 2007.  Additionally, all civil penalties, resulting from nonpayment of tolls on the state route number 520 corridor, shall be deposited into the state route number 520 civil penalties account created under section 4, chapter 248, Laws of 2010 but only if chapter 248, Laws of 2010 is enacted by June 30, 2010.

      (10) If the registered owner of the vehicle is a rental car business, the department of transportation shall, before a toll bill is issued, provide a written notice to the rental car business that a toll bill may be issued to the rental car business if the rental car business does not, within thirty days of the mailing of the written notice, provide to the issuing agency by return mail:

      (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the toll was assessed; or

      (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the toll was assessed because the vehicle was stolen at the time the toll was assessed.  A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or

      (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable toll and fee.

      Timely mailing of this statement to the issuing agency relieves a rental car business of any liability under this section for the payment of the toll.

      (11) Consistent with chapter 34.05 RCW, the department of transportation shall develop rules to implement this section.

      (12) For the purposes of this section, "photo toll system" means the system defined in RCW 47.56.010 and 47.46.020.

Sec. 706.  RCW 43.19.642 and 2010 c 247 s 701 are each amended to read as follows:

      (1) Effective June 1, 2006, for agencies complying with the ultra- low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives.  The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent.

      (2) Effective June 1, 2009, state agencies are required to use a minimum of twenty percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies' diesel‑powered vessels, vehicles, and construction equipment.

      (3) All state agencies using biodiesel fuel shall, beginning on July 1, 2006, file biannual reports with the department of general administration documenting the use of the fuel and a description of how any problems encountered were resolved.

      (4) For the 2009-2011 fiscal biennium, all fuel purchased by the Washington state ferries at Harbor Island for the operation of the Washington state ferries diesel powered vessels must be a minimum of five percent biodiesel blend so long as the per gallon price of diesel containing a five percent biodiesel blend level does not exceed the per gallon price of diesel by more than five percent.  If the per gallon price of diesel containing a five percent biodiesel blend level exceeds the per gallon price of diesel by more than five percent, the requirements of this section do not apply to vessel fuel purchases by the Washington state ferries.

      (5) By December 1, 2009, the department of general administration shall:

      (a) Report to the legislature on the average true price differential for biodiesel by blend and location; and

      (b) Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodiesel producers and report these findings to the legislature.

(6) During the 2011-2013 fiscal biennium, this section does not apply to fuel purchased by the Washington state ferries.

Sec. 707.  RCW 43.19.534 and 2009 c 470 s 717 are each amended to read as follows:

      (1) State agencies, the legislature, and departments shall purchase for their use all goods and services required by the legislature, agencies, or departments that are produced or provided in whole or in part from class II inmate work programs operated by the department of corrections through state contract.  These goods and services shall not be purchased from any other source unless, upon application by the department or agency:  (a) The department of general administration finds that the articles or products do not meet the reasonable requirements of the agency or department, (b) are not of equal or better quality, or (c) the price of the product or service is higher than that produced by the private sector.  However, the criteria contained in (a), (b), and (c) of this section for purchasing goods and services from sources other than correctional industries do not apply to goods and services produced by correctional industries that primarily replace goods manufactured or services obtained from outside the state.  The department of corrections and department of general administration shall adopt administrative rules that implement this section.

      (2) During the 2009-2011 and 2011-2013 fiscal ((biennium)) biennia, and in conformance with section 223(11), chapter 470, Laws of 2009 and section 221(2) of this act, this section does not apply to the purchase of uniforms by the Washington state ferries.

Sec. 708.  RCW 47.01.380 and 2009 c 470 s 705 are each amended to read as follows:

      The department shall not commence construction on any part of the state route number 520 bridge replacement and HOV project until a record of decision has been reached providing reasonable assurance that project impacts will be avoided, minimized, or mitigated as much as practicable to protect against further adverse impacts on neighborhood environmental quality as a result of repairs and improvements made to the state route number 520 bridge and its connecting roadways, and that any such impacts will be addressed through engineering design choices, mitigation measures, or a combination of both.  The requirements of this section shall not apply to off‑site pontoon construction supporting the state route number 520 bridge replacement and HOV project.  The requirements of this section shall not apply during the 2009-2011 and 2011-2013 fiscal ((biennium)) biennia.

Sec. 709.  RCW 47.56.403 and 2005 c 312 s 3 are each amended to read as follows:

      (1) The department may provide for the establishment, construction, and operation of a pilot project of high occupancy toll lanes on state route 167 high occupancy vehicle lanes within King county.  The department may issue, buy, and redeem bonds, and deposit and expend them; secure and remit financial and other assistance in the construction of high occupancy toll lanes, carry insurance, and handle any other matters pertaining to the high occupancy toll lane pilot project.

      (2) Tolls for high occupancy toll lanes will be established as follows:

      (a) The schedule of toll charges for high occupancy toll lanes must be established by the transportation commission and collected in a manner determined by the commission.

      (b) Toll charges shall not be assessed on transit buses and vanpool vehicles owned or operated by any public agency.

      (c) The department shall establish performance standards for the state route 167 high occupancy toll lane pilot project.  The department must automatically adjust the toll charge, using dynamic tolling, to ensure that toll-paying single-occupant vehicle users are only permitted to enter the lane to the extent that average vehicle speeds in the lane remain above forty-five miles per hour at least ninety percent of the time during peak hours.  The toll charge may vary in amount by time of day, level of traffic congestion within the highway facility, vehicle occupancy, or other criteria, as the commission may deem appropriate.  The commission may also vary toll charges for single-occupant inherently low-emission vehicles such as those powered by electric batteries, natural gas, propane, or other clean burning fuels.

      (d) The commission shall periodically review the toll charges to determine if the toll charges are effectively maintaining travel time, speed, and reliability on the highway facilities.

      (3) The department shall monitor the state route 167 high occupancy toll lane pilot project and shall annually report to the transportation commission and the legislature on operations and findings.  At a minimum, the department shall provide facility use data and review the impacts on:

      (a) Freeway efficiency and safety;

      (b) Effectiveness for transit;

      (c) Person and vehicle movements by mode;

      (d) Ability to finance improvements and transportation services through tolls; and

      (e) The impacts on all highway users.  The department shall analyze aggregate use data and conduct, as needed, separate surveys to assess usage of the facility in relation to geographic, socioeconomic, and demographic information within the corridor in order to ascertain actual and perceived questions of equitable use of the facility.

      (4) The department shall modify the pilot project to address identified safety issues and mitigate negative impacts to high occupancy vehicle lane users.

      (5) Authorization to impose high occupancy vehicle tolls for the state route 167 high occupancy toll pilot project expires if either of the following two conditions apply:

      (a) If no contracts have been let by the department to begin construction of the toll facilities associated with this pilot project within four years of July 24, 2005; or

      (b) ((Four years after toll collection begins under this section)) If high occupancy vehicle tolls are being collected on June 30, 2013.

      (6) The department of transportation shall adopt rules that allow automatic vehicle identification transponders used for electronic toll collection to be compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to the extent that technology permits.

      (7) The conversion of a single existing high occupancy vehicle lane to a high occupancy toll lane as proposed for SR-167 must be taken as the exception for this pilot project.

      (8) A violation of the lane restrictions applicable to the high occupancy toll lanes established under this section is a traffic infraction.

      (9) Procurement activity associated with this pilot project shall be open and competitive in accordance with chapter 39.29 RCW.

Sec. 710.  RCW 47.28.030 and 2010 c 283 s 9 and 2010 c 5 s 11 are each reenacted and 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, through June 30, 2011, work for less than one hundred twenty thousand dollars may be performed on ferry vessels and terminals by state forces.  During the 2011-2013 fiscal biennium, work for less than one hundred 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. 711.  RCW 43.105.330 and 2006 c 76 s 2 are each amended to read as follows:

      (1) The board shall appoint a state interoperability executive committee, the membership of which must include, but not be limited to, representatives of the military department, the Washington state patrol, the department of transportation, the department of information services, the department of natural resources, city and county governments, state and local fire chiefs, police chiefs, and sheriffs, and state and local emergency management directors.  The chair and legislative members of the board will serve as nonvoting ex officio members of the committee.  Voting membership may not exceed fifteen members.

      (2) The chair of the board shall appoint the chair of the committee from among the voting members of the committee.

      (3) The state interoperability executive committee has the following responsibilities:

      (a) Develop policies and make recommendations to the board for technical standards for state wireless radio communications systems, including emergency communications systems.  The standards must address, among other things, the interoperability of systems, taking into account both existing and future systems and technologies;

      (b) Coordinate and manage on behalf of the board the licensing and use of state-designated and state-licensed radio frequencies, including the spectrum used for public safety and emergency communications, and serve as the point of contact with the federal communications commission on matters relating to allocation, use, and licensing of radio spectrum;

      (c) ((Coordinate the purchasing of all state wireless radio communications system equipment to ensure that:
      (i) After the transition from a radio over internet protocol network, any new trunked system shall be, at a minimum, project‑25;
      (ii) Any new system that requires advanced digital features shall be, at a minimum, project-25; and
      (iii) Any new system or equipment purchases shall be, at a minimum, upgradeable to project-25;
      (d))) Seek support, including possible federal or other funding, for state-sponsored wireless communications systems;

      (((e))) (d) Develop recommendations for legislation that may be required to promote interoperability of state wireless communications systems;

      (((f))) (e) Foster cooperation and coordination among public safety and emergency response organizations;

      (((g))) (f) Work with wireless communications groups and associations to ensure interoperability among all public safety and emergency response wireless communications systems; and

      (((h))) (g) Perform such other duties as may be assigned by the board to promote interoperability of wireless communications systems.

(4) During the 2011-2013 fiscal biennium, the requirement that any state or local entity must purchase radios or communication systems that are the P25 communication standard is suspended.

Sec. 712.  RCW 47.64.170 and 2010 c 283 s 11 are each amended to read as follows:

      (1) Any ferry employee organization certified as the bargaining representative shall be the exclusive representative of all ferry employees in the bargaining unit and shall represent all such employees fairly.

      (2) A ferry employee organization or organizations and the governor may each designate any individual as its representative to engage in collective bargaining negotiations.

      (3) Negotiating sessions, including strategy meetings of the employer or employee organizations, mediation, and the deliberative process of arbitrators are exempt from the provisions of chapter 42.30 RCW.  Hearings conducted by arbitrators may be open to the public by mutual consent of the parties.

      (4) Terms of any collective bargaining agreement may be enforced by civil action in Thurston county superior court upon the initiative of either party.

      (5) Ferry system employees or any employee organization shall not negotiate or attempt to negotiate directly with anyone other than the person who has been appointed or authorized a bargaining representative for the purpose of bargaining with the ferry employees or their representative.

      (6)(a) Within ten working days after the first Monday in September of every odd-numbered year, the parties shall attempt to agree on an interest arbitrator to be used if the parties are not successful in negotiating a comprehensive collective bargaining agreement.  If the parties cannot agree on an arbitrator within the ten-day period, either party may request a list of seven arbitrators from the federal mediation and conciliation service.  The parties shall select an interest arbitrator using the coin toss/alternate strike method within thirty calendar days of receipt of the list.  Immediately upon selecting an interest arbitrator, the parties shall cooperate to reserve dates with the arbitrator for potential arbitration between August 1st and September 15th of the following even‑numbered year.  The parties shall also prepare a schedule of at least five negotiation dates for the following year, absent an agreement to the contrary.  The parties shall execute a written agreement before November 1st of each odd-numbered year setting forth the name of the arbitrator and the dates reserved for bargaining and arbitration.  This subsection (6)(a) imposes minimum obligations only and is not intended to define or limit a party's full, good faith bargaining obligation under other sections of this chapter.

      (b) The negotiation of a proposed collective bargaining agreement by representatives of the employer and a ferry employee organization shall commence on or about February 1st of every even-numbered year.

      (c) For negotiations covering the 2009-2011 biennium and subsequent biennia, the time periods specified in this section, and in RCW 47.64.210 and 47.64.300 through 47.64.320, must ensure conclusion of all agreements on or before October 1st of the even-numbered year next preceding the biennial budget period during which the agreement should take effect.  These time periods may only be altered by mutual agreement of the parties in writing.  Any such agreement and any impasse procedures agreed to by the parties under RCW 47.64.200 must include an agreement regarding the new time periods that will allow final resolution by negotiations or arbitration by October 1st of each even-numbered year.

      (7) It is the intent of this section that the collective bargaining agreement or arbitrator's award shall commence on July 1st of each odd- numbered year and shall terminate on June 30th of the next odd-numbered year to coincide with the ensuing biennial budget year, as defined by RCW 43.88.020(7), to the extent practical.  It is further the intent of this section that all collective bargaining agreements be concluded by October 1st of the even-numbered year before the commencement of the biennial budget year during which the agreements are to be in effect.  After the expiration date of a collective bargaining agreement negotiated under this chapter, except to the extent provided in subsection (11) of this section and RCW 47.64.270(4), all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequently negotiated agreement, not to exceed one year from the expiration date stated in the agreement.  Thereafter, the employer may unilaterally implement according to law.

      (8) The office of financial management shall conduct a salary survey, for use in collective bargaining and arbitration, which must be conducted through a contract with a firm nationally recognized in the field of human resources management consulting.

      (9) Except as provided in subsection (11) of this section:

      (a) The governor shall submit a request either for funds necessary to implement the collective bargaining agreements including, but not limited to, the compensation and fringe benefit provisions or for legislation necessary to implement the agreement, or both.  Requests for funds necessary to implement the collective bargaining agreements shall not be submitted to the legislature by the governor unless such requests:

      (i) Have been submitted to the director of the office of financial management by October 1st before the legislative session at which the requests are to be considered; and

      (ii) Have been certified by the director of the office of financial management as being feasible financially for the state.

      (b) The governor shall submit a request either for funds necessary to implement the arbitration awards or for legislation necessary to implement the arbitration awards, or both.  Requests for funds necessary to implement the arbitration awards shall not be submitted to the legislature by the governor unless such requests:

      (i) Have been submitted to the director of the office of financial management by October 1st before the legislative session at which the requests are to be considered; and

      (ii) Have been certified by the director of the office of financial management as being feasible financially for the state.

      (c) The legislature shall approve or reject the submission of the request for funds necessary to implement the collective bargaining agreements or arbitration awards as a whole for each agreement or award.  The legislature shall not consider a request for funds to implement a collective bargaining agreement or arbitration award unless the request is transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060.  If the legislature rejects or fails to act on the submission, either party may reopen all or part of the agreement and award or the exclusive bargaining representative may seek to implement the procedures provided for in RCW 47.64.210 and 47.64.300.

      (10) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.

(11)(a) For the collective bargaining agreements negotiated for the 2011-2013 fiscal biennium, the legislature may consider a request for funds to implement a collective bargaining agreement even if the request for funds was not received by the office of financial management by October 1st and was not transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060.
      (b) For the 2011-2013 fiscal biennium, a collective bargaining agreement related to employee health care benefits negotiated between the employer and coalition pursuant to RCW 41.80.020(3) regarding the dollar amount expended on behalf of each employee must be a separate agreement for which the governor may request funds necessary to implement the agreement.  If such an agreement is negotiated and funded by the legislature, this agreement will supersede any terms and conditions of an expired 2009-2011 biennial master collective bargaining agreement under this chapter regarding health care benefits.

Sec. 713.  RCW 47.64.270 and 2010 c 283 s 13 are each amended to read as follows:

      (1) The employer and one coalition of all the exclusive bargaining representatives subject to this chapter and chapter 41.80 RCW shall conduct negotiations regarding the dollar amount expended on behalf of each employee for health care benefits.

      (2) Absent a collective bargaining agreement to the contrary, the department of transportation shall provide contributions to insurance and health care plans for ferry system employees and dependents, as determined by the state health care authority, under chapter 41.05 RCW.

      (3) The employer and employee organizations may collectively bargain for insurance plans other than health care benefits, and employer contributions may exceed that of other state agencies as provided in RCW 41.05.050.

(4) For the 2011-2013 fiscal biennium, a collective bargaining agreement related to employee health care benefits negotiated between the employer and coalition pursuant to RCW 41.80.020(3) regarding the dollar amount expended on behalf of each employee must be a separate agreement for which the governor may request funds necessary to implement the agreement.  If such an agreement is negotiated and funded by the legislature, this agreement will supersede any terms and conditions of an expired 2009-2011 biennial collective bargaining agreement under this chapter regarding health care benefits.

Sec. 714.  RCW 47.64.280 and 2010 c 283 s 14 are each amended to read as follows:

      (1) There is created the marine employees' commission.  The governor shall appoint the commission with the consent of the senate.  The commission shall consist of three members:  One member to be appointed from labor, one member from industry, and one member from the public who has significant knowledge of maritime affairs.  The public member shall be chair of the commission.  One of the original members shall be appointed for a term of three years, one for a term of four years, and one for a term of five years.  Their successors shall be appointed for terms of five years each, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she succeeds.  Commission members are eligible for reappointment.  Any member of the commission may be removed by the governor, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.  Commission members are not eligible for state retirement under chapter 41.40 RCW by virtue of their service on the commission.  Members of the commission shall be compensated in accordance with RCW 43.03.250 and shall receive reimbursement for official travel and other expenses at the same rate and on the same terms as provided for the transportation commission by RCW 47.01.061.  The payments shall be made from the Puget Sound ferry operations account.

      (2) The commission shall:  (a) Adjust all complaints, grievances, and disputes between labor and management arising out of the operation of the ferry system as provided in RCW 47.64.150; (b) provide for impasse mediation as required in RCW 47.64.210; and (c) perform those duties required in RCW 47.64.300.  However, through June 30, 2013, the commission's duties identified in this subsection are subject to the availability of amounts appropriated for these specific purposes.

      (3)(a) In adjudicating all complaints, grievances, and disputes, the party claiming labor disputes shall, in writing, notify the commission, which shall make careful inquiry into the cause thereof and issue an order advising the ferry employee, or the ferry employee organization representing him or her, and the department of transportation, as to the decision of the commission.

      (b) The parties are entitled to offer evidence relating to disputes at all hearings conducted by the commission.  The orders and awards of the commission are final and binding upon any ferry employee or employees or their representative affected thereby and upon the department.

      (c) The commission shall adopt rules of procedure under chapter 34.05 RCW.

      (d) The commission has the authority to subpoena any ferry employee or employees, or their representatives, and any member or representative of the department, and any witnesses.  The commission may require attendance of witnesses and the production of all pertinent records at any hearings held by the commission.  The subpoenas of the commission are enforceable by order of any superior court in the state of Washington for the county within which the proceeding may be pending.  The commission may hire staff as necessary, appoint consultants, enter into contracts, and conduct studies as reasonably necessary to carry out this chapter.

Sec. 715.  RCW 46.68.170 and 2009 c 470 s 701 are each amended to read as follows:

      There is hereby created in the motor vehicle fund the RV account.  All moneys hereafter deposited in said account shall be used by the department of transportation for the construction, maintenance, and operation of recreational vehicle sanitary disposal systems at safety rest areas in accordance with the department's highway system plan as prescribed in chapter 47.06 RCW.  During the ((2007-2009 and)) 2009‑2011 and 2011-2013 fiscal biennia, the legislature may transfer from the RV account to the motor vehicle fund such amounts as reflect the excess fund balance of the RV account to accomplish the purposes identified in this section.

Sec. 716.  RCW 46.68.370 and 2010 c 161 s 818 are each amended to read as follows:

      The license plate technology account is created in the state treasury.  All receipts collected under RCW 46.17.015 must be deposited into this account.  Expenditures from this account must support current and future license plate technology and systems integration upgrades for both the department and correctional industries.  Moneys in the account may be spent only after appropriation.  Additionally, the moneys in this account may be used to reimburse the motor vehicle account for any appropriation made to implement the digital license plate system.  During the ((2009‑2011)) 2011-2013 fiscal biennium, the legislature may transfer from the license plate technology account to the highway safety account such amounts as reflect the excess fund balance of the license plate technology account.

Sec. 717.  RCW 47.12.244 and 2009 c 470 s 709 are each amended to read as follows:

      There is created the "advance right-of-way revolving fund" in the custody of the treasurer, into which the department is authorized to deposit directly and expend without appropriation:

      (1) An initial deposit of ten million dollars from the motor vehicle fund included in the department of transportation's 1991‑93 budget;

      (2) All moneys received by the department as rental income from real properties that are not subject to federal aid reimbursement, except moneys received from rental of capital facilities properties as defined in chapter 47.13 RCW; and

      (3) Any federal moneys available for acquisition of right-of-way for future construction under the provisions of section 108 of Title 23, United States Code.

      During the ((2007-2009 and)) 2009‑2011 and 2011-2013 fiscal biennia, the legislature may transfer from the advance right‑of‑way revolving fund to the motor vehicle account amounts as reflect the excess fund balance of the advance right‑of‑way revolving fund.

Sec. 718.  RCW 46.68.060 and 2009 c 470 s 711 are each amended to read as follows:

      There is hereby created in the state treasury a fund to be known as the highway safety fund to the credit of which shall be deposited all moneys directed by law to be deposited therein.  This fund shall be used for carrying out the provisions of law relating to driver licensing, driver improvement, financial responsibility, cost of furnishing abstracts of driving records and maintaining such case records, and to carry out the purposes set forth in RCW 43.59.010.  During the ((2007-2009 and)) 2009‑2011 and 2011-2013 fiscal biennia, the legislature may transfer from the highway safety fund to the motor vehicle fund and the multimodal transportation account such amounts as reflect the excess fund balance of the highway safety fund.

Sec. 719.  RCW 46.68.220 and 2010 c 161 s 807 are each amended to read as follows:

      The department of licensing services account is created in the motor vehicle fund.  All receipts from service fees received under RCW 46.17.025 must be deposited into the account.  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used only for:

      (1) Information and service delivery systems for the department;

      (2) Reimbursement of county licensing activities; and

      (3) County auditor or other agent and subagent support including, but not limited to, the replacement of department-owned equipment in the possession of county auditors or other agents and subagents appointed by the director.  During the ((2007-2009 and 2009-2011)) 2011-2013 fiscal ((biennia)) biennium, the legislature may transfer from the department of licensing services account such amounts as reflect the excess fund balance of the account.

Sec. 720.  RCW 47.56.876 and 2010 c 248 s 5 are each amended to read as follows:

      (1) A special account to be known as the state route number 520 civil penalties account is created in the state treasury.  All state route number 520 bridge replacement and HOV program civil penalties generated from the nonpayment of tolls on the state route number 520 corridor must be deposited into the account, as provided under RCW 47.56.870(4)(b)(vii).  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used to fund any project within the state route number 520 bridge replacement and HOV program, including mitigation.  During the 2011-2013 fiscal biennium, the legislature may transfer from the state route number 520 civil penalties account to the state route number 520 corridor account such amounts as reflect the excess fund balance of the state route number 520 civil penalties account.  Funds transferred must be used solely for capital expenditures for the state route number 520 bridge replacement and HOV project (8BI1003).

      (2) This section is contingent on the enactment by June 30, 2010, of either chapter 249, Laws of 2010 or chapter . . . (Substitute House Bill No. 2897), Laws of 2010, but if the enacted bill does not designate the department as the toll penalty adjudicating agency, this section is null and void.

Sec. 721.  RCW 46.68.--- and 2011 c ... (SHB 1897) s 1 are each amended to read as follows:

      (1) The rural mobility grant program account is created in the state treasury.  Moneys in the account may be spent only after appropriation.  Expenditures from the account may be used only for the grants provided under section 2 ((of this act)), chapter ... (SHB 1897), Laws of 2011.

      (2) Beginning September 2011, by the last day of September, December, March, and June of each year, the state treasurer shall transfer from the multimodal transportation account to the rural mobility grant program account two million five hundred thousand dollars.

(3) During the 2011-2013 fiscal biennium, the legislature may transfer from the rural mobility grant program account to the multimodal transportation account such amounts as reflect the excess fund balance of the rural mobility grant program account.

NEW SECTION.  Sec. 722.  2010 c 161 s 1126 is repealed.

 

2009-2011 FISCAL BIENNIUM
TRANSPORTATION AGENCIES—OPERATING

 

Sec. 801.  2010 c 247 s 205 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION COMMISSION

Motor Vehicle Account‑-State Appropriation          (($2,328,000))

................................................................................... $2,157,000

Multimodal Transportation Account‑-State Appropriation (($112,000))

...................................................................................... $111,000

TOTAL APPROPRIATION.............................. (($2,440,000))

................................................................................... $2,268,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium, the transportation commission shall periodically review and, if necessary, modify the schedule of fares for the Washington state ferry system.  The transportation commission may increase ferry fares,  except no fare schedule modifications may be made prior to September 1, 2009.  For purposes of this subsection, "modify" includes increases or decreases to the schedule.

      (2) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium, the transportation commission shall periodically review and, if necessary, modify a schedule of toll charges applicable to the state route number 167 high occupancy toll lane pilot project, as required under RCW 47.56.403.  For purposes of this subsection, "modify" includes increases or decreases to the schedule.

      (3) Pursuant to RCW 43.135.055, during the 2009-11 fiscal biennium, the transportation commission shall periodically review and, if necessary, modify the schedule of toll charges applicable to the Tacoma Narrows bridge, taking into consideration the recommendations of the citizen advisory committee created under RCW 47.46.091.  For purposes of this subsection, "modify" includes increases or decreases to the schedule.

      (4) The commission may name state ferry vessels consistent with its authority to name state transportation facilities under RCW 47.01.420.  When naming or renaming state ferry vessels, the commission shall investigate selling the naming rights and shall make recommendations to the legislature regarding this option.

      (5) $350,000 of the motor vehicle account--state appropriation is provided solely for consultant support services to assist the commission in updating the statewide transportation plan.  The updated plan must be submitted to the legislature by December 1, 2010.

      (6) If the commission considers implementing a ferry fuel surcharge, it must first submit an analysis and business plan to the office of financial management and either the joint transportation committee or the transportation committees of the legislature.  The commission may impose a ferry fuel surcharge effective July 1, 2011.  When implementing a ferry fuel surcharge, the commission must regard ferry fuel surcharges as fare policy changes and thus, ferry fuel surcharges should be included in all public procedures and processes currently used for fare pricing per RCW 47.60.290.

      (7) The commission shall work with the department of transportation's economic partnerships (Program K) in conducting a best practices review of nontoll, public-private partnerships.  The purpose of this review is to identify the policies and procedures that would be appropriate for application in Washington state.  The commission must report its findings and recommendations, including draft legislation if warranted, to the house of representatives and senate transportation committees by January 2011.

      (8) As part of its development of the statewide transportation plan, the commission shall review prioritized projects, including preservation and maintenance projects, from regional transportation and metropolitan planning organizations to identify statewide transportation needs.   The review should include a brief description and status of each project along with the funding required and associated timeline from start to completion.  The commission shall submit the review, along with recommendations, to the house of representatives and senate transportation committees by January 2011.

Sec. 802.  2010 c 247 s 207 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-FIELD OPERATIONS BUREAU

State Patrol Highway Account‑-State

Appropriation.................................................. (($227,958,000))

............................................................................... $224,558,000

State Patrol Highway Account‑-Federal

Appropriation......................................................... $10,903,000

State Patrol Highway Account‑-Private/Local

Appropriation......................................................... (($867,000))

...................................................................................... $939,000

TOTAL APPROPRIATION.......................... (($239,728,000))

............................................................................... $236,400,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) 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 shall 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, and Cessna pilots funded from the state patrol highway account who are certified to fly the King Airs may pilot those aircraft for general fund purposes with the general fund reimbursing the state patrol highway account an hourly rate to cover the costs incurred during the flights since the aviation section will no longer be part of the Washington state patrol cost allocation system as of July 1, 2009.

      (2) The patrol shall not account for or record locally provided DUI cost reimbursement payments as expenditure credits to the state patrol highway account.  The patrol shall report the amount of expected locally provided DUI cost reimbursements to the office of financial management and transportation committees of the legislature by September 30th of each year.

      (3) During the 2009-11 fiscal biennium, the Washington state patrol shall continue to perform traffic accident investigations on Thurston county roads, and shall work with the county to transition the traffic accident investigations on Thurston county roads to the county by July 1, 2011.

      (4) Within existing resources, the Washington state patrol shall make every reasonable effort to increase the enrollment in each academy class that commences during the 2009-11 fiscal biennium to fifty-five cadets.

      (5) The Washington state patrol shall collaborate with the Washington traffic safety commission to develop and implement the target zero trooper pilot program referenced in section 201 of this act.

      (6) $370,000 of the state patrol highway account--state appropriation is provided solely for costs associated with the pilot program described under section 218(2) 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 Washington state department of transportation for contract costs.  The appropriation in this subsection must be funded from the portion of the automated traffic safety camera 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 the roadway construction zones.

      (7) If, as a result of lower than average rate of attrition among troopers, the Washington state patrol postpones the year 2011 training for trooper cadets beyond June 30, 2011, funding provided in section 207, chapter 470, Laws of 2009 for the class must be used to fund the salaries and benefits associated with the existing commissioned Washington state patrol troopers that are funded within the field operations bureau.

      (8) $2,832,000 of the state patrol highway account--state appropriation is provided solely for the aerial traffic enforcement program.  The Washington state patrol shall evaluate the costs associated with aerial traffic highway enforcement to determine if the costs are accurately apportioned between the state patrol highway account and the general fund.  It is the intent of the legislature that the state patrol highway account incurs costs that result only from highway enforcement activities and that the general fund incurs costs associated with the King Airs.  The Washington state patrol shall report the results of the evaluation to the legislature by June 30, 2010.

      (9) For the remainder of the 2009-11 fiscal biennium, the Washington state patrol shall continue to work with Island county on traffic accident investigations.

      (10) $3,601,000 of the state patrol highway account--state appropriation is provided solely for the costs associated with a basic trooper class.

(11) After May 1, 2011, unless specifically prohibited, the Washington state patrol may transfer state patrol highway account-- state appropriations for the 2009-2011 fiscal biennium between operating programs after approval by the director of the office of financial management.  However, the state patrol shall not transfer state moneys that are provided solely for a specified purpose.

Sec. 803.  2010 c 247 s 208 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-INVESTIGATIVE SERVICES BUREAU

State Patrol Highway Account‑-State Appropriation (($1,648,000))

................................................................................... $1,196,000
The appropriation in this section is subject to the following conditions and limitations:  After May 1, 2011, unless specifically prohibited, the Washington state patrol may transfer state patrol highway account--state appropriations for the 2009-2011 fiscal biennium between operating programs after approval by the director of the office of financial management.  However, the state patrol shall not transfer state moneys that are provided solely for a specified purpose.

Sec. 804.  2010 c 247 s 209 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL‑-TECHNICAL SERVICES BUREAU

State Patrol Highway Account‑-State Appropriation (($108,560,000))

............................................................................... $105,488,000

State Patrol Highway Account‑-Private/Local

Appropriation........................................................... $2,510,000

TOTAL APPROPRIATION.......................... (($111,070,000))

............................................................................... $107,998,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The Washington state patrol shall work with the risk management division in the office of financial management in compiling the Washington state patrol's data for establishing the agency's risk management insurance premiums to the tort claims account.  The office of financial management and the Washington state patrol shall submit a report to the legislative transportation committees by December 31st of each year on the number of claims, estimated claims to be paid, method of calculation, and the adjustment in the premium.

      (2) (($10,425,000)) $10,676,000 of the total appropriation is provided solely for automobile fuel in the 2009-11 fiscal biennium.

      (3) $7,421,000 of the total appropriation is provided solely for the purchase of pursuit vehicles.

      (4) $6,611,000 of the total appropriation is provided solely for vehicle repair and maintenance costs of vehicles used for highway purposes.

      (5) $1,724,000 of the total appropriation is provided solely for the purchase of mission vehicles used for highway purposes in the commercial vehicle and traffic investigation sections of the Washington state patrol.

      (6) The Washington state patrol may submit information technology- related requests for funding only if the patrol has coordinated with the department of information services as required under section 601 of this act.

      (7) (($345,000 of the state patrol highway account--state appropriation is provided solely for the implementation of Engrossed Substitute House Bill No. 1445 (domestic partners/Washington state patrol retirement system).  If Engrossed Substitute House Bill No. 1445 is not enacted by June 30, 2009, the amount provided in this subsection shall lapse)) After May 1, 2011, unless specifically prohibited, the Washington state patrol may transfer state patrol highway account-- state appropriations for the 2009-2011 fiscal biennium between operating programs after approval by the director of the office of financial management.  However, the state patrol shall not transfer state moneys that are provided solely for a specified purpose.

Sec. 805.  2010 c 247 s 211 (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...................................................... (($2,852,000))

................................................................................... $2,732,000

Motor Vehicle Account‑-State Appropriation....... (($575,000))

................................................................................... $2,945,000

Tacoma Narrows Toll Bridge Account‑-State

Appropriation......................................................... $26,543,000

State Route Number 520 Corridor Account--State

Appropriation.................................................... (($28,000,000))

...................................................................................... $736,000

State Route Number 520 Civil Penalties

Account--State Appropriation............................. (($2,130,000))

...................................................................................... $130,000

TOTAL APPROPRIATION............................ (($60,100,000))

................................................................................. $33,086,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) 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 revenue generated by tolls on the Tacoma Narrows bridge and an itemized depiction of the use of that revenue.

      (2) The department shall work with the office of financial management to review insurance coverage, deductibles, and limitations on tolled facilities to assure that the assets are well protected at a reasonable cost.  Results from this review must be used to negotiate any future new or extended insurance agreements.

      (3) (($28,000,000)) $736,000 of the state route number 520 corridor account--state appropriation is provided solely for the costs directly related to tolling the state route number 520 floating bridge.  ((Of this amount, $8,000,000 must be retained in unallotted status, and may only be released by the office of financial management after consultation with the joint transportation committee.))

      (4) The department shall consider transitioning to all electronic tolling on the Tacoma Narrows bridge toll facility and discontinuing a cash toll option.

      (5) (($2,130,000)) $130,000 of the state route number 520 civil penalties account--state appropriation and $140,000 of the Tacoma Narrows toll bridge account--state appropriation are provided solely for expenditures related to the toll adjudication process.  The amount provided in this subsection is contingent on the enactment by June 30, 2010, of either Engrossed Substitute Senate Bill No. 6499 or Substitute House Bill No. 2897; however, if the enacted bill does not specify the department as the toll penalty adjudicating agency, the amounts provided in this subsection lapse.

      (6) The department shall review, and revise where appropriate, current signage and ingress/egress locations on the state route number 167 high occupancy toll lanes pilot project.  The department shall continue to work with the Washington state patrol on educating the public on the rules of the road related to crossing a double white line.  The department shall continue to monitor the performance of the high occupancy toll lanes to ensure that driving conditions for high occupancy vehicles that share these lanes are not significantly changed.

(7) Up to $2,435,000 of the motor vehicle account--state appropriation is provided solely as an expenditure reserve in the event that toll revenue collection on the state route number 520 floating bridge is delayed beyond April 2, 2011.  This appropriation must remain in unallotted status and may be released by the office of financial management only to cover shortfalls in the state route number 520 corridor account due to delayed toll revenue collection in order to support the activities funded in subsection (3) of this section.  Repayment from the state route number 520 corridor account to the motor vehicle account regarding this appropriation is assumed in the 2011-2013 biennial transportation budget.

Sec. 806.  2010 c 247 s 212 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-INFORMATION TECHNOLOGY‑-PROGRAM C

Transportation Partnership Account--State

Appropriation...................................................... (($2,675,000))

................................................................................... $2,425,000

Motor Vehicle Account‑-State Appropriation          (($68,650,000))

................................................................................. $67,546,000

Motor Vehicle Account‑-Federal Appropriation......... $240,000

Multimodal Transportation Account‑-State

Appropriation.............................................................. $363,000

Transportation 2003 Account (Nickel Account)--State

Appropriation...................................................... (($2,676,000))

................................................................................... $2,426,000

TOTAL APPROPRIATION............................ (($74,604,000))

................................................................................. $73,000,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall consult with the office of financial management and the department of information services to:  (a) Ensure that the department's current and future system development is consistent with the overall direction of other key state systems; and (b) when possible, use or develop common statewide information systems to encourage coordination and integration of information used by the department and other state agencies and to avoid duplication.

      (2) (($1,216,000)) $966,000 of the transportation partnership account--state appropriation and (($1,216,000)) $966,000 of the transportation 2003 account (nickel account)--state appropriation are provided solely for the department to develop a project management and reporting system which is a collection of integrated tools for capital construction project managers to use to perform all the necessary tasks associated with project management.  The department shall integrate commercial off-the-shelf software with existing department systems and enhanced approaches to data management to provide web-based access for multi-level reporting and improved business work flows and reporting.  On a quarterly basis, the department shall report to the office of financial management and the transportation committees of the legislature on the status of the development and integration of the system.  At a minimum, the reports shall indicate the status of the work as it compares to the work plan, any discrepancies, and proposed adjustments necessary to bring the project back on schedule or budget if necessary.

      (3) The department may submit information technology-related requests for funding only if the department has coordinated with the department of information services as required under section 601 of this act.

      (4) $573,000 of the motor vehicle account--state appropriation is provided solely for the department to maintain the investment in the electronic fare system at Washington's ferry terminals.  Investment in the electronic fare system must include the following:  Replacement of critical hardware components that are at risk of failure; implementation of software to allow ORCA cards to be used for vehicles; repair of the turnstiles to ensure that the turnstiles properly record ORCA credit and debit card charges; and dedication of a communication line for transmission of ORCA data to the clearinghouse.

Sec. 807.  2010 c 247 s 213 (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.. (($25,292,000))

................................................................................. $24,639,000

Sec. 808.  2010 c 247 s 214 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-AVIATION‑-PROGRAM F

Aeronautics Account‑-State Appropriation........ (($5,960,000))

................................................................................... $5,761,000

Aeronautics Account‑-Federal Appropriation.......... $2,150,000

TOTAL APPROPRIATION.............................. (($8,110,000))

................................................................................... $7,911,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $50,000 of the aeronautics account--state appropriation is a reappropriation provided solely to pay any outstanding obligations of the aviation planning council, which expires July 1, 2009.

      (2) $150,000 of the aeronautics account--state appropriation is a reappropriation provided solely to complete runway preservation projects.

      (3) Within the amounts provided in this section, the department shall develop guidelines setting forth consultation procedures and a process to assist counties and cities to identify land uses that may be incompatible with airports and aircraft operations, and to encourage and facilitate the adoption and implementation of comprehensive plan policies and development regulations consistent with RCW 36.70.547 and 36.70A.510.

Sec. 809.  2010 c 247 s 215 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PROGRAM DELIVERY MANAGEMENT AND SUPPORT‑-PROGRAM H

Motor Vehicle Account‑-State Appropriation.. (($49,331,000))

................................................................................. $45,219,000

Motor Vehicle Account‑-Federal Appropriation......... $500,000

Multimodal Transportation Account‑-State

Appropriation.............................................................. $250,000

TOTAL APPROPRIATION............................ (($50,081,000))

................................................................................. $45,969,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall develop a plan for all current and future surplus property parcels based on the recommendations from the surplus property legislative work group that were presented to the senate transportation committee on February 26, 2009.  The plan must include, at a minimum, strategies for maximizing the number of parcels sold, a schedule that optimizes proceeds, a recommended cash discount, a plan to report to the joint transportation committee, a recommendation for regional incentives, and a recommendation for equivalent value exchanges.  This plan must accompany the department's 2010 supplemental budget request.  If the department determines that all or a portion of real property or an interest in real property that was acquired through condemnation within the previous ten years is no longer necessary for a transportation purpose, the former owner has a right of repurchase as described in this subsection.  For the purposes of this subsection, "former owner" means the person or entity from whom the department acquired title.  At least ninety days prior to the date on which the property is intended to be sold by the department, the department must mail notice of the planned sale to the former owner of the property at the former owner's last known address or to a forwarding address if that owner has provided the department with a forwarding address.  If the former owner of the property's last known address, or forwarding address if a forwarding address has been provided, is no longer the former owner of the property's address, the right of repurchase is extinguished.  If the former owner notifies the department within thirty days of the date of the notice that the former owner intends to repurchase the property, the department shall proceed with the sale of the property to the former owner for fair market value and shall not list the property for sale to other owners.  If the former owner does not provide timely written notice to the department of the intent to exercise a repurchase right, or if the sale to the former owner is not completed within seven months of the date of notice that the former owner intends to repurchase the property, the right of repurchase is extinguished.  By December 1, 2010, the department shall report to the legislative transportation committees on the individuals and entities eligible to receive surplus property provided in RCW 47.12.063 to determine the frequency with which the department transfers property to those individuals and entities and the implications to the department.  It is the intent of the legislature that the list of individuals and entities eligible to receive surplus property be periodically evaluated to determine whether the list is appropriate and provides utility to the department.

      (2) 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 of transportation, 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 of transportation shall work with the department of fish and wildlife, and shall 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 of transportation is not responsible for any costs associated with the cleanup or transfer of this property.  By July 1, 2010, and annually thereafter until the entire Dryden pit property has been transferred, the department shall submit a status report regarding the transaction to the chairs of the legislative transportation committees.

      (3) $3,175,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

      (4) The department shall provide updated information on six project milestones for all active projects, funded in part or in whole with 2005 transportation partnership account funds or 2003 nickel account funds, on a quarterly basis in the transportation executive information system (TEIS).  The department shall also provide updated information on six project milestones for projects, funded with preexisting funds and that are agreed to by the legislature, office of financial management, and the department, on a quarterly basis in TEIS.

Sec. 810.  2010 c 247 s 216 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-ECONOMIC PARTNERSHIPS‑-PROGRAM K

Motor Vehicle Account‑-State Appropriation....... (($673,000))

...................................................................................... $643,000

Multimodal Transportation Account--State

Appropriation......................................................... (($200,000))

........................................................................................ $90,000

TOTAL APPROPRIATION................................. (($873,000))

...................................................................................... $733,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $200,000 of the multimodal transportation account--state appropriation is provided solely for the department to develop and implement public private partnerships at high priority terminals as identified in the January 12, 2009, final report on joint development opportunities at Washington state ferries terminals.  The department shall first consider a mutually beneficial agreement at the Edmonds terminal.

      (2) $50,000 of the motor vehicle account--state appropriation is provided solely for the department to investigate the potential to generate revenue from web site sponsorships and similar ventures and, if feasible, pursue partnership opportunities.

      (3) (($75,000)) $45,000 of the motor vehicle account--state appropriation is provided solely for the implementation of a pilot project allowing advertisements and sponsorships on select web pages.  The pilot project must be organized under the partnership model described in the department's web site monetizing feasibility study, which was prepared under subsection (2) of this section.  Once operational, the pilot project must operate for at least twelve consecutive months.  After twelve months of continuous operation, the department shall provide a report with recommendations on whether to continue project operations to the office of financial management and the chairs of the transportation committees.  The department may end the pilot project after less than twelve consecutive months of operation if insufficient bids or proposals are received from potential sponsors or advertisers.  For the purpose of this subsection, if a consultant contract is warranted, the consultant contract is deemed a revenue generation activity as that term is construed in section 602(2), chapter 3, Laws of 2010.

Sec. 811.  2010 c 247 s 217 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-HIGHWAY MAINTENANCE‑-PROGRAM M

Motor Vehicle Account‑-State Appropriation (($347,645,000))

............................................................................... $349,778,000

Motor Vehicle Account‑-Federal Appropriation...... $7,000,000

Motor Vehicle Account‑-Private/Local Appropriation (($5,797,000))

................................................................................... $7,997,000

TOTAL APPROPRIATION.......................... (($360,442,000))

............................................................................... $364,775,000

 

      The appropriations in this section are subject to the following conditions and limitations:

      (1) If portions of the appropriations in this section are required to fund maintenance work resulting from major disasters not covered by federal emergency funds such as fire, flooding, snow, and major slides, supplemental appropriations must be requested to restore state funding for ongoing maintenance activities.

      (2) The department shall request an unanticipated receipt for any federal moneys received for emergency snow and ice removal and shall place an equal amount of the motor vehicle account‑-state into unallotted status.  This exchange shall not affect the amount of funding available for snow and ice removal.

      (3) The department shall request an unanticipated receipt for any private or local funds received for reimbursements of third party damages that are in excess of the motor vehicle account‑-private/local appropriation.

      (4) $7,000,000 of the motor vehicle account--federal appropriation is for unanticipated federal funds that may be received during the 2009-11 fiscal biennium.  Upon receipt of the funds, the department shall provide a report on the use of the funds to the transportation committees of the legislature and the office of financial management.

      (5) The department may incur costs related to the maintenance of the decorative lights on the Tacoma Narrows bridge only if:

      (a) The nonprofit corporation, narrows bridge lights organization, maintains an account balance sufficient to reimburse the department for all costs; and

      (b) The department is reimbursed from the narrows bridge lights organization within three months from the date any maintenance work is performed.  If the narrows bridge lights organization is unable to reimburse the department for any future costs incurred, the lights must be removed at the expense of the narrows bridge lights organization subject to the terms of the contract.

      (6) The department may work with the department of corrections to utilize corrections crews for the purposes of litter pickup on state highways.

      (7) $650,000 of the motor vehicle account--state appropriation is provided solely for increased asphalt costs.

      (8) $16,800,000 of the motor vehicle account--state appropriation is provided solely for the high priority maintenance backlog.  Addressing the maintenance backlog must result in increased levels of service.

      (9) $750,000 of the motor vehicle account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

      (10) $317,000 of the motor vehicle account--state appropriation is provided solely for maintaining a new active traffic management system on Interstate 5, Interstate 90, and SR 520.  The department shall track the costs associated with these systems on a corridor basis and report to the legislative transportation committees on the cost and benefits of the system.

      (11) $286,000 of the motor vehicle account--state appropriation is provided solely for storm water assessment fees charged by local governments.

(12) $835,000 of the motor vehicle account--state appropriation is provided solely for disaster-related maintenance expenditures that the department has incurred since the 2010 supplemental transportation budget on state route number 97A and state route number 401.

Sec. 812.  2010 c 247 s 218 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRAFFIC OPERATIONS‑-PROGRAM Q‑- OPERATING

Motor Vehicle Account‑-State Appropriation.. (($51,128,000))

................................................................................. $49,764,000

Motor Vehicle Account‑-Federal Appropriation...... $2,050,000

Motor Vehicle Account‑-Private/Local Appropriation $127,000

TOTAL APPROPRIATION............................ (($53,305,000))

................................................................................. $51,941,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $2,400,000 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) The department, in consultation with the Washington state patrol, may continue a pilot program for the 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 2009-11 fiscal biennium, a roadway construction zone includes areas where public employees or private contractors are not present but 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 2009-11 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, 46.16.216, and 46.20.270(3).  However, the amount of the fine issued under this subsection (2) 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 infraction notice issued, along with instructions for its completion and use.

      (3) The department shall implement a pilot project to evaluate the benefits of using electronic traffic flagging devices.  Electronic traffic flagging devices must be tested by the department at multiple sites and reviewed for efficiency and safety.  The department shall report to the transportation committees of the legislature on the best use and practices involving electronic traffic flagging devices, including recommendations for future use, by June 30, 2010.

      (4) $173,000 of the motor vehicle account--state appropriation is provided solely for the department to continue a pilot tow truck incentive program and to expand the program to other areas of the state.  The department may provide incentive payments to towing companies that meet clearance goals on accidents that involve heavy trucks.  The department shall report to the office of financial management and the transportation committees of the legislature on the effectiveness of the clearance goals and submit recommendations to improve the pilot program with the department's 2010 supplemental omnibus transportation appropriations act submittal.  The tow truck incentive program may continue to provide incentives for quick clearance of traffic incidents involving large vehicles.  The department shall make recommendations as part of its biennial budget proposal for expanding the use of the incentive program.

      (5) $92,000 of the motor vehicle account--state appropriation is provided solely for operating a new active traffic management system on Interstate 5, Interstate 90, and SR 520.  The department shall track the costs associated with these systems on a corridor basis and report to the legislative transportation committees on the cost and benefits of the system.

      (6) To the extent practicable, the department shall synchronize traffic lights on state route number 161 in the vicinity of Puyallup.

      (7) During the 2009-11 biennium, the department shall implement 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 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.  By June 30, 2011, the department shall report to the transportation committees of the legislature on whether private transportation provider use of high occupancy vehicle lanes under the pilot program reduces the speeds of high occupancy vehicle lanes.  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.

Sec. 813.  2010 c 247 s 219 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S

Motor Vehicle Account‑-State Appropriation.. (($28,468,000))

................................................................................. $27,968,000

Motor Vehicle Account‑-Federal Appropriation........... $30,000

Multimodal Transportation Account‑-State

Appropriation.............................................................. $971,000

State Route Number 520 Corridor Account--State

Appropriation.............................................................. $264,000

TOTAL APPROPRIATION............................ (($29,733,000))

................................................................................. $29,233,000

      The appropriations in this section are subject to the following conditions and limitations:  $264,000 of the state route number 520 corridor account--state appropriation is provided solely for the costs directly related to tolling the state route number 520 floating bridge.  This amount must be retained in unallotted status, and may only be released by the office of financial management after consultation with the joint transportation committee.

Sec. 814.  2010 c 247 s 220 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRANSPORTATION PLANNING, DATA, AND RESEARCH‑-PROGRAM T

Motor Vehicle Account‑-State Appropriation.. (($25,955,000))

................................................................................. $25,384,000

Motor Vehicle Account‑-Federal Appropriation.... $22,002,000

Multimodal Transportation Account‑-State

Appropriation........................................................... $1,090,000

Multimodal Transportation Account‑-Federal

Appropriation........................................................... $3,287,000

Multimodal Transportation Account‑-Private/Local

Appropriation................................................................ $99,000

TOTAL APPROPRIATION............................ (($52,433,000))

................................................................................. $51,862,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $150,000 of the motor vehicle account--federal appropriation is provided solely for the costs to develop an electronic map-based computer application that will enable law enforcement officers and others to more easily locate collisions and other incidents in the field.

      (2) $400,000 of the multimodal transportation account--state appropriation is provided solely for a diesel multiple unit feasibility and initial planning study.  The study must evaluate potential service on the Stampede Pass line from Maple Valley to Auburn via Covington.  The study must evaluate the potential demand for service, the business model and capital needs for launching and running the line, and the need for improvements in switching, signaling, and tracking.  The study must also consider the interconnectivity benefits of, and potential for, future Amtrak Cascades stops in south King county and north Pierce county.  As part of its consideration, the department shall conduct a thorough market analysis of the potential for adding or changing stops on the Amtrak Cascades route.  The department shall amend the scope, schedule, and budget of the current study process to accommodate the market analysis.  A report on the study must be submitted to the legislature by September 30, 2010.

      (3) $365,000 of the motor vehicle account--state appropriation and $81,000 of the motor vehicle account--federal appropriation are provided solely for the development of a freight database to help guide freight investment decisions and track project effectiveness.  The database must be based on truck movement tracked through geographic information system technology.  For the remainder of the biennium, the department may expand data collection to any highways that have high truck volumes.  TransNow shall contribute additional federal funds that are not appropriated in this act.  The department shall work with the freight mobility strategic investment board to implement this database.

      (4) $2,000,000 of the motor vehicle account--state appropriation is provided solely for scoping unfunded state highway projects to ensure that a well-vetted project list is available for future program funding discussions.

      (a) It is the intent of the legislature that the funding provided in this subsection support the development of transportation solutions that benefit all state residents, including addressing the impacts of traffic diversion from tolled facilities.  It is further the intent of the legislature that the buying power of future revenue packages is maximized.

      (b) Scoping work must be consistent with achieving transportation system policy goals as stated in RCW 47.04.280.

      (c) The department shall provide cost-effective design solutions that achieve the desired functional outcomes.  This may be achieved by providing one or more design alternatives for legislative consideration, based on a reasonable range of assumptions about traffic volume and speeds.

      (d) Prior to the commencement of the 2011 legislative session, the department shall provide a report to the legislative transportation committees and the office of financial management that includes estimated costs and construction time frames.

      (5) (($150,000)) $80,000 of the motor vehicle account--state appropriation is provided solely for a corridor study of state route number 516 from the eastern border of Maple Valley to state route number 167 to determine whether improvements are needed and the costs of any needed improvements.

      (6) $500,000 of the multimodal transportation account--federal appropriation is provided solely for continued support of the International Mobility and Trade Corridor project and for the department to work with the Whatcom council of governments to examine potential improvements to international border freight and passenger rail movement and the use of diesel multiple units.

      (7) $80,000 of the motor vehicle account--state appropriation is provided solely to continue existing work regarding feasibility of a new interchange between Rochester and Harrison Avenue on Interstate 5.

Sec. 815.  2010 c 247 s 221 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PUBLIC TRANSPORTATION‑-PROGRAM V

Regional Mobility Grant Program Account‑-State

Appropriation.................................................... (($65,274,000))

................................................................................. $56,332,000

Multimodal Transportation Account‑-State

Appropriation.................................................... (($65,667,000))

................................................................................. $65,547,000

Multimodal Transportation Account‑-Federal

Appropriation........................................................... $2,573,000

Multimodal Transportation Account‑-Private/Local

Appropriation........................................................... $1,025,000

TOTAL APPROPRIATION.......................... (($134,539,000))

............................................................................... $125,477,000

      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.

      (a) $5,500,000 of the amount provided in this subsection is provided solely for grants to nonprofit providers of special needs transportation.  Grants for nonprofit providers shall 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 amount provided in this subsection is provided solely for grants to transit agencies to transport persons with special transportation needs.  To receive a grant, the transit agency must 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 shall be prorated based on the amount expended for demand response service and route deviated service in calendar year 2007 as reported in the "Summary of Public Transportation - 2007" published by the department of transportation.  No transit agency may receive more than thirty percent of these distributions.

      (2) Funds are provided for the rural mobility grant program as follows:

      (a) $8,500,000 of the multimodal transportation account‑-state appropriation is provided solely for grants for those transit systems serving small cities and rural areas as identified in the "Summary of Public Transportation - 2007" published by the department of transportation.  Noncompetitive grants must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.

      (b) $8,500,000 of the multimodal transportation account‑-state appropriation is provided solely to providers of rural mobility service in areas not served or underserved by transit agencies through a competitive grant process.

      (3) $7,000,000 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.  At least $1,600,000 of this amount must be used for vanpool grants in congested corridors.

      (4) (($400,000)) $280,000 of the multimodal transportation account--state appropriation is provided solely for a grant for a flexible carpooling pilot project program to be administered and monitored by the department.  Funds are appropriated for one time only.  The pilot project program must:  Test and implement at least one flexible carpooling system in a high-volume commuter area that enables carpooling without prearrangement; utilize technologies that, among other things, allow for transfer of ride credits between participants; and be a membership system that involves prescreening to ensure safety of the participants.  The program must include a pilot project that targets commuter traffic on the state route number 520 bridge.   The department shall submit to the legislature by December 2010 a report on the program results and any recommendations for additional flexible carpooling programs.

      (5) $3,318,000 of the multimodal transportation account--state appropriation and (($21,248,000)) $17,778,000 of the regional mobility grant program account--state appropriation are reappropriated and provided solely for the regional mobility grant projects identified on the LEAP Transportation Document 2007-B, as developed April 20, 2007, or the LEAP Transportation Document 2006-D, as developed March 8, 2006.  The department shall continue to review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress.  The department shall promptly close out grants when projects have been completed, and any remaining funds available to the office of transit mobility must be used only to fund projects on the LEAP Transportation Document 2006-D, as developed March 8, 2006; the LEAP Transportation Document 2007-B, as developed April 20, 2007; or the LEAP Transportation Document 2009-B, as developed April 24, 2009.  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.  However, the Chuckanut park and ride project (101100G) is recognized as a crucial investment in the transportation system.  For this reason, the department shall not close out the grant for the Chuckanut park and ride project until Skagit transit has exhausted all other pending opportunities for federal and local funds.  If additional funds cannot be secured, the department shall consider this project a priority in the 2011-13 grant process.  The department shall make every effort to advance the Chuckanut park and ride project within existing resources.

      (6) (($33,429,000)) $32,882,000 of the regional mobility grant program account--state appropriation is provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2009-B, as developed April 24, 2009.  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 available to the office of transit mobility must be used only to fund projects identified in LEAP Transportation Document 2009-B, as developed April 24, 2009.  The department shall provide annual status reports on December 15, 2009, and December 15, 2010, 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.

      (7) (($10,596,768)) $5,671,768 of the regional mobility grant program account--state appropriation must be obligated no later than December 31, 2010, and is provided solely for the following recommended contingency regional mobility grant projects identified in the 2009-11 omnibus transportation appropriations act, LEAP Transportation Document 2009-B, as developed April 24, 2009, as follows:

      (a) (($4,000,000)) $975,000 is provided solely for the Rainier/Jackson transit priority corridor improvements;

      (b) (($2,100,000)) $200,000 is provided solely for the state route number 522 west city limits to Northeast 180th stage 2A (91st Ave NE to west of 96th Ave NE) project; and

      (c) $4,496,768 is provided solely for the sound transit express bus expansion - Snohomish to King county project.

      (8) $300,000 of the multimodal transportation account--state appropriation is provided solely for a transportation demand management program, developed by the Whatcom council of governments, to further reduce drive-alone trips and maximize the use of sustainable transportation choices.  The community-based program must focus on all trips, not only commute trips, by providing education, assistance, and incentives to four target audiences:  (a) Large work sites; (b) employees of businesses in downtown areas; (c) school children; and (d) residents of Bellingham.

      (9) $130,000 of the multimodal transportation account-- state appropriation is provided solely to the department to distribute to support Engrossed Substitute House Bill No. 2072 (special needs transportation).

      (a) $80,000 of the amount provided in this subsection is provided solely for implementation of the work group related to federal requirements in section 1, chapter . . . (Engrossed Substitute House Bill No. 2072), Laws of 2009.

      (b) $50,000 of the amount provided in this subsection is provided solely to support the pilot project to be developed or implemented by the local coordinating coalition comprised of a single county, described in sections 9, 10, and 11, chapter . . . (Engrossed Substitute House Bill No. 2072), Laws of 2009.  The department shall assist the local coordinating coalition to seek funding sufficient to fully fund the pilot project from a variety of sources including, but not limited to, the regional transit authority serving the county, the regional transportation planning organization serving the county, and other appropriate state and federal agencies and grants.  Development or implementation of the pilot project is contingent on securing funding sufficient to fully fund the pilot project.

      (c) If Engrossed Substitute House Bill No. 2072 is not enacted by June 30, 2009, the amount provided in this subsection (9) lapses.  If Engrossed Substitute House Bill No. 2072 is enacted by June 30, 2009, but a commitment from other sources to fully fund the pilot project described in (b) of this subsection has not been obtained by September 30, 2009, the amount provided in (b) of this subsection lapses.

      (10) Funds provided for the commute trip reduction program may also be used for the growth and transportation efficiency center program.

      (11) An affected urban growth area that has not previously implemented a commute trip reduction program is exempt from the requirements in RCW 70.94.527 if a solution to address the state highway deficiency that exceeds the person hours of delay threshold has been funded and is in progress during the 2009-11 fiscal biennium.

      (12) $2,309,000 of the multimodal transportation account--state appropriation is provided solely for the tri-county connection service for Island, Skagit, and Whatcom transit agencies.

Sec. 816.  2010 c 247 s 222 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-MARINE‑-PROGRAM X

Puget Sound Ferry Operations Account‑-State

Appropriation.................................................. (($425,922,000))

............................................................................... $446,961,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) (($78,754,952)) $97,053,000 of the Puget Sound ferry operations account--state appropriation is provided solely for auto ferry vessel operating fuel in the 2009-11 fiscal biennium.  This appropriation is contingent upon the enactment of sections 716 and 701 of this act.  All fuel purchased by the Washington state ferries at Harbor Island truck terminal for the operation of the Washington state ferries diesel powered vessels must be a minimum of five percent biodiesel blend so long as the per gallon price of diesel containing a five percent biodiesel blend level does not exceed the per gallon price of diesel by more than five percent.

      (2) To protect the waters of Puget Sound, the department shall investigate nontoxic alternatives to fuel additives and other commercial products that are used to operate, maintain, and preserve vessels.

      (3) If, after the department's review of fares and pricing policies, the department proposes a fuel surcharge, the department must evaluate other cost savings and fuel price stabilization strategies that would be implemented before the imposition of a fuel surcharge.  The department shall report to the legislature and transportation commission on its progress of implementing new fuel forecasting and budgeting practices, price hedging contracts for fuel purchases, and fuel conservation strategies by November 30, 2010.

      (4) The department shall strive to significantly reduce the number of injuries suffered by Washington state ferries employees.  By December 15, 2009, the department shall submit to the office of financial management and the transportation committees of the legislature its implementation plan to reduce such injuries.

      (5) The department shall continue to provide service to Sidney, British Columbia.  The department may place a Sidney terminal departure surcharge on fares for out of state residents riding the Washington state ferry route that runs between Anacortes, Washington and Sidney, British Columbia, if the cost for landing/license fee, taxes, and additional amounts charged for docking are in excess of $280,000 CDN.  The surcharge must be limited to recovering amounts above $280,000 CDN.

      (6) The department shall analyze operational solutions to enhance service on the Bremerton to Seattle ferry run.  The Washington state ferries shall report its analysis to the transportation committees of the legislature by December 1, 2009.

      (7) 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 2011-13 omnibus transportation appropriations act request, as determined jointly by the office of financial management, the Washington state ferries, and the legislative transportation committees.

      (8) (($4,794,000)) $6,116,000 of the Puget Sound ferry operations account--state appropriation is provided solely for commercial insurance for ferry assets.  The office of financial management, after consultation with the transportation committees of the legislature, must present a business plan for the Washington state ferry system's insurance coverage to the 2010 legislature.  The business plan must include a cost-benefit analysis of Washington state ferries' current commercial insurance purchased for ferry assets and a review of self- insurance for noncatastrophic events.

      (9) $1,100,000 of the Puget Sound ferry operations account--state appropriation is provided solely for a marketing program.  The department shall present a marketing program proposal to the transportation committees of the legislature during the 2010 legislative session before implementing this program.  Of this amount, $10,000 is for the city of Port Townsend and $10,000 is for the town of Coupeville for mitigation expenses related to only one vessel operating on the Port Townsend/Keystone ferry route.   The moneys provided to the city of Port Townsend and town of Coupeville are not contingent upon the required marketing proposal.

      (10) $350,000 of the Puget Sound ferry operations account--state appropriation is provided solely for two extra trips per day during the summer of 2009 season, beyond the current schedule, on the Port Townsend/Keystone route.

      (11) When purchasing uniforms that are required by collective bargaining agreements, the department shall contract with the lowest cost provider.

      (12) The legislature finds that measuring the performance of Washington state ferries requires the measurement of quality, timeliness, and unit cost of services delivered to customers.  Consequently, the department must develop a set of metrics that measure that performance and report to the transportation committees of the legislature and to the office of financial management on the development of these measurements along with recommendations to the 2010 legislature on which measurements must become a part of the next omnibus transportation appropriations act.

      (13) As a priority task, the department is directed to propose a comprehensive incident and accident investigation policy and appropriate procedures, and to provide the proposal to the legislature by November 1, 2009, using existing resources and staff expertise.  In addition to consulting with ferry system unions and the United States coast guard, the Washington state ferries is encouraged to solicit independent outside expertise on incident and accident investigation best practices as they may be found in other organizations with a similar concern for marine safety.  It is the intent of the legislature to enact the policies into law and to publish that law and procedures as a manual for Washington state ferries' accident/incident investigations.  Until that time, the Washington state ferry system must exercise particular diligence to assure that any incident or accident investigations are conducted within the spirit of the guidelines of this act.  The proposed policy must contain, at a minimum:

      (a) The definition of an incident and an accident and the type of investigation that is required by both types of events;

      (b) The process for appointing an investigating officer or officers and a description of the authorities and responsibilities of the investigating officer or officers.  The investigating officer or officers must:

      (i) Have the appropriate training and experience as determined by the policy;

      (ii) Not have been involved in the incident or accident so as to avoid any conflict of interest;

      (iii) Have full access to all persons, records, and relevant organizations that may have information about or may have contributed to, directly or indirectly, the incident or accident under investigation, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW;

      (iv) Be provided with, if requested by the investigating officer or officers, appropriate outside technical expertise; and

      (v) Be provided with staff and legal support by the Washington state ferries as may be appropriate to the type of investigation;

      (c) The process of working with the affected employee or employees in accordance with the employee's or employees' respective collective bargaining agreement and the appropriate union officials, within protocols afforded to all public employees;

      (d) The process by which the United States coast guard is kept informed of, interacts with, and reviews the investigation;

      (e) The process for review, approval, and implementation of any approved recommendations within the department; and

      (f) The process for keeping the public informed of the investigation and its outcomes, in compliance with any affected employee's or employees' respective collective bargaining agreement and state laws and rules regarding public disclosure under chapter 42.56 RCW.

      (14) $7,300,000 of the Puget Sound ferry operations account--state appropriation is provided solely for the purposes of travel time associated with Washington state ferries employees.  However, if Engrossed Substitute House Bill No. 3209 (managing costs of ferry system) is enacted by June 30, 2010, containing an appropriation for purposes of travel time associated with Washington state ferries employees, the amount provided in this subsection lapses.

      (15) $50,000 of the Puget Sound ferry operations account--state appropriation is provided solely to implement a mechanism to report on- time performance statistics.

      (a) The department shall conduct a study to identify process changes that would improve on-time performance on a route-by-route basis.  The study must include looking into the slowing down of vessels for fuel economy purposes and touch-and-go sailings on peak runs.  The department shall report its findings to the transportation committees of the senate and house of representatives by December 1, 2010.

      (b) The department shall, by November 1, 2010, report to the transportation committees of the legislature statistics regarding its on-time arrival and departure status on a route-by-route and month-by- month basis, as well as an annual route-by-route and systemwide basis, weighted by the number of customers on each sailing and distinguishing peak period on-time performance.  The statistics must include reasons for any delays over ten minutes from the scheduled time.  The statistics must be prominently displayed on the Washington state ferries' web site.  Each Washington state ferries vessel and terminal must prominently display the statistics as they relate to their specific route.

      (16) The department shall investigate outsourcing the call center functions planned for the ferry reservation system and report its findings to the transportation committees of the senate and house of representatives by December 15, 2010.

      (17) By July 1, 2010, the department shall provide to the governor and the transportation committees of the senate and house of representatives a listing of all benefits that Washington state ferries union employees receive that other state employees do not traditionally receive.  The listing must include any costs associated with these benefits.

Sec. 817.  2010 c 247 s 223 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-RAIL‑-PROGRAM Y--OPERATING

Multimodal Transportation Account‑-State

Appropriation.................................................... (($37,371,000))

................................................................................. $29,871,000
Multimodal Transportation Account--Federal
Appropriation.............................................................. $100,000
TOTAL APPROPRIATION.................................. $29,971,000

      The appropriations in this section ((is)) are subject to the following conditions and limitations:

      (1) (($31,591,000)) $24,091,000 of the multimodal transportation account--state appropriation is provided solely for the Amtrak service contract and Talgo maintenance contract associated with providing and maintaining the state-supported passenger rail service.  Upon completion of the rail platform project in the city of Stanwood, the department shall provide daily Amtrak Cascades service to the city.

      (2) Amtrak Cascade runs may not be eliminated.

      (3) The department shall begin planning for a third roundtrip Cascades train between Seattle and Vancouver, B.C. by 2010.

Sec. 818.  2010 c 247 s 224 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-LOCAL PROGRAMS‑-PROGRAM Z-- OPERATING

Motor Vehicle Account‑-State

Appropriation...................................................... (($8,621,000))

................................................................................... $8,618,000

Motor Vehicle Account‑-Federal Appropriation...... $2,545,000

TOTAL APPROPRIATION............................ (($11,166,000))

................................................................................. $11,163,000

NEW SECTION.  Sec. 819.  A new section is added to 2010 c 247 (uncodified) to read as follows:

      The appropriations to the department of transportation in chapter 247, Laws of 2010 and this act must be expended for the programs and in the amounts specified in this act.  However, after May 1, 2011, unless specifically prohibited, the department may transfer state appropriations for the 2009-2011 fiscal biennium among operating programs after approval by the director of the office of financial management.  However, the department shall not transfer state moneys that are provided solely for a specific purpose.  The department shall not transfer funds, and the director of the office of financial management shall not approve the transfer unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds and not federal funds.  The director of the office of financial management shall notify the appropriate transportation committees of the legislature prior to approving any allotment modifications or transfers under this section.  The written notification must include a narrative explanation and justification of the changes, along with expenditures and allotments by program and appropriation, both before and after any allotment modifications or transfers.

TRANSPORTATION AGENCIES‑-CAPITAL

Sec. 901.  2009 c 470 s 301 (uncodified) is amended to read as follows:

FOR THE WASHINGTON STATE PATROL

State Patrol Highway Account‑-State Appropriation (($3,126,000))

................................................................................... $2,481,000

      The appropriation in this section is subject to the following conditions and limitations:

      (1) $1,626,000 of the state patrol highway account--state appropriation is provided solely for the following minor works projects:  $450,000 for Shelton training academy roofs; (($150,000 for HVAC control replacements;)) $168,000 for upgrades to scales; $50,000 for Bellevue electrical equipment upgrades; (($90,000)) $16,000 for South King detachment window replacement; $200,000 for the replacement of the Naselle radio tower, generator shelter, and fence; $200,000 for unforeseen emergency repairs; and $318,000 for the Shelton training academy drive course/skid pan repair.

      (2) (($1,500,000)) $1,079,000 of the state patrol highway account-- state appropriation is provided solely for the Shelton academy of the Washington state patrol and is contingent upon a signed agreement between the city of Shelton, the department of corrections, and the Washington state patrol that provides for an on-going payment to these three entities, based on their percentage of the total investment in the project, from all hookup fees, late comer fees, LIDS, and all other initial fees collected for the new waste water treatment lines, waste water plants, water lines, and water systems.

Sec. 902.  2010 c 247 s 301 (uncodified) is amended to read as follows:

FOR THE COUNTY ROAD ADMINISTRATION BOARD

Rural Arterial Trust Account‑-State Appropriation (($73,000,000))

................................................................................. $71,500,000

Motor Vehicle Account‑-State Appropriation.......... $1,048,000

County Arterial Preservation Account‑-State

Appropriation.................................................... (($31,400,000))

................................................................................. $30,400,000

TOTAL APPROPRIATION.......................... (($105,448,000))

............................................................................... $102,948,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) $1,048,000 of the motor vehicle account--state appropriation may be used for county ferry projects as developed pursuant to RCW 47.56.725(4).

      (2) The appropriations in this section include funding to counties to assist them in efforts to recover from federally declared emergencies, by providing capitalization advances and local match for federal emergency funding as determined by the county road administration board.  The county road administration board shall specifically identify any such selected projects and shall include information concerning such selected projects in its next annual report to the legislature.

      (3) $22,000,000 of the rural arterial trust account--state appropriation is provided solely for additional grants for county road projects as approved by the county road administration board.

Sec. 903.  2010 c 247 s 302 (uncodified) is amended to read as follows:

FOR THE TRANSPORTATION IMPROVEMENT BOARD

Small City Pavement and Sidewalk Account‑-State

Appropriation...................................................... (($3,927,000))

................................................................................... $3,737,000

Urban Arterial Trust Account‑-State Appropriation (($123,900,000))

............................................................................... $121,900,000

Transportation Improvement Account‑-State

Appropriation.................................................... (($81,643,000))

................................................................................. $80,643,000

TOTAL APPROPRIATION.......................... (($209,470,000))

............................................................................... $206,280,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The transportation improvement account--state appropriation includes up to $7,143,000 in proceeds from the sale of bonds authorized in RCW 47.26.500.

      (2) The urban arterial trust account--state appropriation includes up to (($7,143,000)) $15,000,000 in proceeds from the sale of bonds authorized in RCW 47.26.420.

Sec. 904.  2009 c 470 s 305 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)‑-CAPITAL

Motor Vehicle Account‑-State Appropriation.... (($4,810,000))

................................................................................... $4,623,000

The appropriation in this section is subject to the following conditions and limitations:

      (1) $1,198,000 of the motor vehicle account--state appropriation is provided solely for the Olympic region site acquisition debt service payments and administrative costs associated with capital improvement and preservation project and financial management.

      (2) (($3,612,000)) $3,425,000 of the motor vehicle account--state appropriation is provided solely for high priority safety projects that are directly linked to employee safety, environmental risk, or minor works that prevent facility deterioration.  This includes the administrative costs associated with those projects and the reconstruction of the Wandermere facility that was destroyed in the 2008-09 winter storms.

Sec. 905.  2010 c 247 s 303 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-IMPROVEMENTS‑-PROGRAM I

Multimodal Transportation Account--State

Appropriation........................................................... (($98,000))

.......................................................................................... $2,000

Transportation Partnership Account‑-State

Appropriation............................................... (($1,665,644,000))

............................................................................ $1,325,624,000

Motor Vehicle Account‑-State Appropriation.. (($85,534,000))

................................................................................. $66,880,000

Motor Vehicle Account‑-Federal Appropriation (($570,107,000))

............................................................................... $532,458,000

Motor Vehicle Account‑-Private/Local

Appropriation.................................................... (($70,714,000))

................................................................................. $83,270,000

Special Category C Account‑-State Appropriation $25,221,000

Transportation 2003 Account (Nickel Account)‑-State

Appropriation.................................................. (($713,205,000))

............................................................................... $590,797,000

Freight Mobility Multimodal Account--State

Appropriation...................................................... (($4,574,000))

................................................................................... $4,575,000

Tacoma Narrows Toll Bridge Account--State

Appropriation......................................................... (($789,000))

...................................................................................... $797,000

State Route Number 520 Corridor Account--State

Appropriation.................................................. (($231,763,000))

............................................................................... $229,838,000

((State Route Number 520 Civil Penalties Account--State
 Appropriation....................................................... $1,190,000))

TOTAL APPROPRIATION....................... (($3,368,839,000))

............................................................................ $2,859,462,000

      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 ((2010-1)) 2011-1 as developed ((March 8, 2010)) April 19, 2011, 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 ((of this act)), chapter . . . (Engrossed Substitute House Bill No. 1175), Laws of 2011.

      (2) (($163,385,000)) $158,094,000 of the transportation partnership account--state appropriation and (($231,763,000)) $229,838,000 of the state route number 520 corridor account--state appropriation are provided solely for the state route number 520 bridge replacement and HOV project.  The department shall submit an application for the eastside transit and HOV project to the supplemental discretionary grant program for regionally significant projects as provided in the American Recovery and Reinvestment Act of 2009.

      (3) As required under section 305(6), chapter 518, Laws of 2007, the department shall report by January 2010 to the transportation committees of the legislature on the findings of the King county noise reduction solutions pilot project.

      (4) Funding allocated for mitigation costs is provided solely for the purpose of project impact mitigation, and shall not be used to develop or otherwise participate in the environmental assessment process.

      (5) The department shall apply for surface transportation program (STP) enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in Programs I and P including, but not limited to, the SR 518, SR 520, Columbia river crossing, and Alaskan Way viaduct projects.

      (6) The department shall, on a quarterly basis beginning July 1, 2009, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account.  Funding provided at a programmatic level for transportation partnership account and transportation 2003 account (nickel account) projects relating to bridge rail, guard rail, fish passage barrier removal, and roadside safety projects should be reported on a programmatic basis.  Projects within this programmatic level funding should be completed on a priority basis and scoped to be completed within the current programmatic budget.  Report formatting and elements must be consistent with the October 2009 quarterly project report.  On a representative sample of new construction contracts valued at fifteen million dollars or more, the department must also use an earned value method of project monitoring.

      (7) The transportation 2003 account (nickel account)--state appropriation includes up to (($653,630,000)) $567,964,000 in proceeds from the sale of bonds authorized by RCW 47.10.861.

      (8) The transportation partnership account--state appropriation includes up to (($1,347,939,000)) $1,261,092,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.

      (9) The special category C account--state appropriation includes up to (($25,221,000)) $25,056,000 in proceeds from the sale of bonds authorized in RCW 47.10.812.

      (10) The motor vehicle account--state appropriation includes up to (($43,000,000)) $42,960,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.

      (11) The state route number 520 corridor account--state appropriation includes up to (($231,763,000)) $229,838,000 in proceeds from the sale of bonds authorized in RCW 47.10.879.

      (12) The department must prepare a tolling study for the Columbia river crossing project.  While conducting the study, the department must coordinate with the Oregon department of transportation to perform the following activities:

      (a) Evaluate the potential diversion of traffic from Interstate 5 to other parts of the transportation system when tolls are implemented on Interstate 5 in the vicinity of the Columbia river;

      (b) Evaluate the most advanced tolling technology to maintain travel time speed and reliability for users of the Interstate 5 bridge;

      (c) Evaluate available active traffic management technology to determine the most effective options for technology that could maintain travel time speed and reliability on the Interstate 5 bridge;

      (d) Confer with the project sponsor's council, as well as local and regional governing bodies adjacent to the Interstate 5 Columbia river crossing corridor and the Interstate 205 corridor regarding the implementation of tolls, the impacts that the implementation of tolls might have on the operation of the corridors, the diversion of traffic to local streets, and potential mitigation measures;

      (e) Regularly report to the Washington transportation commission regarding the progress of the study for the purpose of guiding the commission's potential toll setting on the facility;

      (f) Research and evaluate options for a potential toll-setting framework between the Oregon and Washington transportation commissions;

      (g) Conduct public work sessions and open houses to provide information to citizens, including users of the bridge and business and freight interests, regarding implementation of tolls on the Interstate 5 and to solicit citizen views on the following items:

      (i) Funding a portion of the Columbia river crossing project with tolls;

      (ii) Implementing variable tolling as a way to reduce congestion on the facility; and

      (iii) Tolling Interstate 205 separately as a management tool for the broader state and regional transportation system; and

      (h) Provide a report to the governor and the legislature by January 2010.

      (13)(a) By January 2010, the department must prepare a traffic and revenue study for Interstate 405 in King county and Snohomish county that includes funding for improvements and high occupancy toll lanes, as defined in RCW 47.56.401, for traffic management.  The department must develop a plan to operate up to two high occupancy toll lanes in each direction on Interstate 405.

      (b) For the facility listed in (a) of this subsection, the department must:

      (i) Confer with the mayors and city councils of jurisdictions in the vicinity of the project regarding the implementation of high occupancy toll lanes and the impacts that the implementation of these high occupancy toll lanes might have on the operation of the corridor and adjacent local streets;

      (ii) Conduct public work sessions and open houses to provide information to citizens regarding implementation of high occupancy toll lanes and to solicit citizen views;

      (iii) Regularly report to the Washington transportation commission regarding the progress of the study for the purpose of guiding the commission's toll setting on the facility; and

      (iv) Provide a report to the governor and the legislature by January 2010.

      (14) (($6,488,000)) $1,323,000 of the motor vehicle account--state appropriation and (($5,000)) $3,628,000 of the motor vehicle account-- federal appropriation are provided solely for project 100224I, US 2 high priority safety project.  Expenditure of these funds is for safety projects on state route number 2 between Monroe and Gold Bar, which may include median rumble strips, traffic cameras, and electronic message signs.

      (15) Expenditures for the state route number 99 Alaskan Way viaduct replacement project must be made in conformance with Engrossed Substitute Senate Bill No. 5768.

      (16) The department shall conduct a public outreach process to identify and respond to community concerns regarding the Belfair bypass.  The process must include representatives from Mason county, the legislature, area businesses, and community members.  The department shall use this process to consider and develop design alternatives that alter the project's scope so that the community's needs are met within the project budget.  The department shall provide a report on the process and outcomes to the legislature by June 30, 2010.

      (17) The legislature is committed to the timely completion of R8A which supports the construction of sound transit's east link.  Following the completion of the independent analysis of the methodologies to value the reversible lanes on Interstate 90 which may be used for high capacity transit as directed in section 204 of this act, the department shall complete the process of negotiations with sound transit.  Such agreement shall be completed no later than December 1, 2009.

      (18) $250,000 of the motor vehicle account--state appropriation is provided solely for the design and construction of a right turn lane to improve visibility and traffic flow on state route number 195 and Cheney-Spokane Road (project L1000001).

      (19) (($730,000)) $724,000 of the motor vehicle account--federal appropriation and (($16,000)) $17,000 of the motor vehicle account-- state appropriation are provided solely for the Westview school noise wall (project WESTV).

      (20) (($2,000)) $3,000 of the motor vehicle account--state appropriation and $131,000 of the motor vehicle account--federal appropriation are provided solely for interchange design and planning work on US 12 at A Street and Tank Farm Road (project PASCO).

      (21) (($21,566,000)) $13,246,000 of the transportation partnership account--state appropriation, (($26,000)) $27,000 of the motor vehicle account--state appropriation, (($30,000,000)) $40,000,000 of the motor vehicle account--private/local appropriation, and (($4,334,000)) $9,422,000 of the motor vehicle account--federal appropriation are provided solely for project 400506A, the I-5/Columbia river crossing/Vancouver project.  The funding described in this subsection includes a (($30,000,000)) $40,000,000 contribution from the state of Oregon.

      (22) It is important that the public and policymakers have accurate and timely access to information related to the Alaskan Way viaduct replacement project as it proceeds to, and during, the construction of all aspects of the project including, but not limited to, information regarding costs, schedules, contracts, project status, and neighborhood impacts.  Therefore, it is the intent of the legislature that the state, city, and county departments of transportation establish a single source of accountability for integration, coordination, tracking, and information of all requisite components of the replacement project, which must include, at a minimum:

      (a) A master schedule of all subprojects included in the full replacement project or program; and

      (b) A single point of contact for the public, media, stakeholders, and other interested parties.

      (23) The department shall evaluate a potential deep bore culvert for the state route number 305/Bjorgen creek fish barrier project identified as project 330514A in LEAP Transportation Document ALL PROJECTS 2009-2, as developed April 24, 2009.  The department shall evaluate whether a deep bore culvert will be a less costly alternative than a traditional culvert since a traditional culvert would require extensive road detours during construction.

      (24) Project number 330215A in the LEAP transportation document described in subsection (1) of this section is expanded to include safety and congestion improvements from the Key Peninsula Highway to the vicinity of Purdy.  The department shall consult with the Washington traffic safety commission to ensure that this project includes improvements at intersections and along the roadway to reduce the frequency and severity of collisions related to roadway conditions and traffic congestion.

      (25) (($8,890,000)) $5,831,000 of the transportation partnership account--state appropriation is provided solely for project 109040Q, the Interstate 90 Two Way Transit and HOV Improvements--Stage 2 and 3 project, as indicated in the LEAP transportation document referenced in subsection (1) of this section.

      (26) The department shall continue to work with the local partners in developing transportation solutions necessary for the economic growth in the Red Mountain American Viticulture Area of Benton county.

      (27) For highway construction projects where the department considers agricultural lands of long-term commercial significance, as defined in RCW 36.70A.030, in reviewing and selecting sites to meet environmental mitigation requirements under the national environmental policy act (42 U.S.C. Sec. 4321 et seq.) and the state environmental policy act (chapter 43.21C RCW), the department shall, to the greatest extent possible, consider using public land first.  If public lands are not available that meet the required environmental mitigation needs, the department may use other sites while making every effort to avoid any net loss of agricultural lands that have a designation of long-term commercial significance.

      (28) 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.

      (29) Within the amounts provided in this section, $200,000 of the transportation partnership account--state appropriation is provided solely for the department to prepare a comprehensive tolling study of the state route number 167 corridor to determine the feasibility of administering tolls within the corridor, identified as project number 316718A in the LEAP transportation document described in subsection (1) of this section.  The department shall report to the joint transportation committee by September 30, 2010.  The department shall regularly report to the Washington transportation commission regarding the progress of the study for the purpose of guiding the commission's potential toll setting on the facility.  The elements of the study must include, at a minimum:

      (a) The potential for value pricing to generate revenues for needed transportation facilities within the corridor;

      (b) Maximizing the efficient operation of the corridor; and

      (c) Economic considerations for future system investments.

      (30) Within the amounts provided in this section, $200,000 of the transportation partnership account--state appropriation is provided solely for the department to prepare a comprehensive tolling study of the state route number 509 corridor to determine the feasibility of administering tolls within the corridor, identified as project number 850901F in the LEAP transportation document described in subsection (1) of this section.  The department shall report to the joint transportation committee by September 30, 2010.  The department shall regularly report to the Washington transportation commission regarding the progress of the study for the purpose of guiding the commission's potential toll setting on the facility.  The elements of the study must include, at a minimum:

      (a) The potential for value pricing to generate revenues for needed transportation facilities within the corridor;

      (b) Maximizing the efficient operation of the corridor; and

      (c) Economic considerations for future system investments.

      (31) Within the amounts provided in this section, $28,000,000 of the transportation partnership account--state appropriation is for project 600010A, as identified in the LEAP transportation document in subsection (1) of this section:  NSC-North Spokane corridor ((design and right-of-way - new alignment)).  Expenditure of these funds is for preliminary engineering and right-of-way purchasing to prepare for four lanes to be built from where existing construction ends at Francis Avenue for three miles to the Spokane river.  Additionally, any savings realized on project 600001A, as identified in the LEAP transportation document in subsection (1) of this section:  US 395/NSC-Francis Avenue to Farwell Road - New Alignment, must be applied to project 600010A.

      (32) $400,000 of the motor vehicle account--state appropriation is provided solely for the department to conduct a state route number 2 route development plan (project L2000016) that will identify essential improvements needed between the port of Everett/Naval station and approaching the state route number 9 interchange near the city of Snohomish.

      (33) If the SR 26 - Intersection and Illumination Improvements are not completed by June 30, 2009, the department shall ensure that the improvements are completed as soon as practicable after June 30, 2009, and shall submit monthly progress reports on the improvements beginning July 1, 2009.

      (34) $200,000 of the transportation partnership account--state appropriation, identified on project number 400506A in the LEAP transportation document described in subsection (1) of this section, is provided solely for the department to work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on the Columbia river crossing project.  This project must be conducted with active archaeological management and result in one report that spans the single cultural area in Oregon and Washington.  Additionally, the department shall establish a scientific peer review of independent archaeologists that are knowledgeable about the region and its cultural resources.

      (35) The department shall work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on all mega-highway projects and large ferry terminal projects.  These projects must be conducted with active archaeological management.  Additionally, the department shall establish a scientific peer review of independent archaeologists that are knowledgeable about the region and its cultural resources.

      (36) Within the amounts provided in this section, $1,500,000 of the motor vehicle account--state appropriation is provided solely for necessary work along the south side of SR 532, identified as project number 053255C in the LEAP transportation document described in subsection (1) of this section.

      (37) $10,000,000 of the transportation partnership account--state appropriation is provided solely for the Spokane street viaduct portion of project 809936Z, SR 99/Alaskan Way Viaduct – Replacement project as indicated in the LEAP transportation document referenced in subsection (1) of this section.

      (38) The department shall conduct a public outreach process to identify and respond to community concerns regarding the portion of John's Creek Road that connects state route number 3 and state route number 101.  The process must include representatives from Mason county, the legislature, area businesses, and community members.  The department shall use this process to consider, develop, and design a project scope so that the community's needs are met for the lowest cost.  The department shall provide a report on the process and outcomes to the legislature by June 30, 2010.

      (39) The department shall apply for the competitive portion of federal transit administration funds for eligible transit-related costs of the state route number 520 bridge replacement and HOV project and the Columbia river crossing project.  The federal funds described in this subsection must not include those federal transit administration funds distributed by formula.  The department shall provide a report regarding this effort to the legislature by January 1, 2010.

      (40) (($5,500,000)) $3,388,000 of the motor vehicle account-- federal appropriation ((is)) and $1,405,000 of the motor vehicle account--state appropriation are provided solely for the Alaskan Way Viaduct - Automatic Shutdown project, identified as project L1000034.

      (41) (($2,244,000)) $2,937,000 of the motor vehicle account-- federal appropriation and (($122,000)) $163,000 of the motor vehicle account--state appropriation are provided solely for the US 12/Nine Mile Hill to Woodward Canyon Vic -Build New Highway project, identified as project 501210T.

      (42) (($790,000)) $1,116,000 of the motor vehicle account--federal appropriation is provided solely for the Express Lanes System Concept Study project, identified as project 800020A.  As part of this project, the department shall prepare a comprehensive tolling study of the Interstate 5 express lanes to determine the feasibility of administering tolls within the corridor.  The department shall regularly report to the Washington transportation commission regarding the progress of the study.  The elements of the study must include, at a minimum:

      (i) The potential for value pricing to generate revenues for needed transportation facilities;

      (ii) Maximizing the efficient operation of the corridor;

      (iii) Economic considerations for future system investments; and

      (iv) An analysis of the impacts to the regional transportation system.

      (b) The department shall submit a final report on the study to the joint transportation committee by June 30, 2011.

      (((44) $226,000)) (43) $110,000 of the motor vehicle account-- federal appropriation and (($9,000)) $5,000 of the motor vehicle account--state appropriation are provided solely for the SR 16/Rosedale Street NW Vicinity - Frontage Road project (301639C).  These funds must not be expended before an agreement stating that the city of Gig Harbor will take ownership of the road has been signed.  The frontage road must be built for driving speeds of no more than thirty-five miles per hour.

      (((45))) (44) The department shall work with the Washington state transportation commission, the Oregon state department of transportation, and the Oregon state transportation commission to analyze and review potential options for a bistate, toll setting framework.  As part of the analysis, the department shall undertake the following actions:  Review statutory provisions and the governance structures of toll facilities in the United States that are located within two or more states; review relevant federal law regarding transportation facilities that are located within two or more states; consult with the state treasurers in Washington and Oregon regarding the appropriate structure for the issuance of debt for toll facilities that are located within two states; report findings and recommendations to the Columbia river project sponsor's council by October 1, 2010; and provide a final report to the governor and the legislature by June 30, 2011.

      (((46))) (45) $750,000 of the motor vehicle account--state appropriation is provided solely for improvements from Allan Road to state route number 12 (501207Z).

      (((47) $500,000)) (46) $455,000 of the motor vehicle account--state appropriation is provided solely for a traffic signal at the intersection of state route number 7 and state route number 702 (300738A).

      (((48) $750,000)) (47) $316,000 of the motor vehicle account--state appropriation is provided solely for environmental work on the Belfair Bypass (project 300344C).

      (((49))) (48) The legislature finds that state route number 522 corridor provides an important link between Interstates 5 and 405 and will be impacted by diversion from tolling elsewhere in the region.  State route number 522 must be reviewed as part of the scoping work conducted under section 220(4) of this act.  As such, the legislature intends to provide additional funding for the corridor as a priority in the next revenue package.  The state will work with the affected cities and the federal government to secure the necessary resources to address the needs of this critical corridor.

      (((50) $500,000)) (49) $558,000 of the motor vehicle account--state appropriation is provided solely for the US 12/SR 122/Mossyrock - Intersection project (401212R) for safety improvements.

      (((51))) (50) $200,000 of the motor vehicle account--federal appropriation is provided solely for project US 97A/North of Wenatchee - Wildlife Fence (209790B), and an offsetting reduction is anticipated in the 2011-13 biennium.

      (((52))) (51) 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.

      (((53))) (52) The department shall conduct a collision analysis corridor study on state route number 167 from milepost 0 to milepost 5 and report to the transportation committees of the legislature on the analysis results by December 1, 2010.

      (((54) $2,600,000)) (53) $357,000 of the motor vehicle account-- federal appropriation is provided solely for the ITS Advanced Traveler Information System project in Whatcom county (100589B).

      (((55) $900,000)) (54) $94,000 of the motor vehicle account-- federal appropriation is provided solely for the US 97/Cameron Lake Road intersection improvements project in Okanogan county (209700W).

      (((56) $400,000)) (55) $294,000 of the motor vehicle account-- federal appropriation and (($100,000)) $74,000 of the motor vehicle account--state appropriation are provided solely for the SR 9/SR 204 Intersection Improvement project (L2000040).

      (((57))) (56) The legislature finds that the state route number 12 widening from state route number 124 to Walla Walla is an important east-west corridor in the southeast region of the state.  Widening the highway to four lanes will increase safety and improve freight mobility.  Therefore, the legislature intends for the department to use up to two million dollars in future redistributed federal obligation authority that may be received by the department for right-of-way purchase for the US 12/Nine Mile Hill to Woodward Canyon Vicinity - Phase 7-A project (501210T).

Sec. 906.  2010 c 247 s 304 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-PRESERVATION‑-PROGRAM P

Transportation Partnership Account‑-State

Appropriation.................................................... (($75,305,000))

................................................................................. $67,381,000

Motor Vehicle Account‑-State Appropriation.. (($96,884,000))

................................................................................. $92,733,000

Motor Vehicle Account‑-Federal Appropriation (($556,705,000))

............................................................................... $528,158,000

Motor Vehicle Account‑-Private/Local Appropriation (($18,768,000))

................................................................................. $19,675,000

Transportation 2003 Account (Nickel Account)‑-State

Appropriation...................................................... (($6,328,000))

................................................................................... $6,148,000

Puyallup Tribal Settlement Account--State

Appropriation...................................................... (($6,636,000))

................................................................................... $6,647,000

TOTAL APPROPRIATION.......................... (($760,626,000))

............................................................................... $720,742,000

      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 ((2010-1)) 2011-1 as developed ((March 8, 2010)) April 19, 2011, 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 ((of this act)), chapter . . . (Engrossed Substitute House Bill No. 1175), Laws of 2011.

      (2) (($542,000)) $546,000 of the motor vehicle account--federal appropriation and (($453,000)) $188,000 of the motor vehicle account-- state appropriation are provided solely for project 602110F, SR 21/Keller ferry boat - Preservation.  Funds are provided solely for preservation work on the existing vessel, the Martha S.

      (3) The department shall apply for surface transportation program (STP) enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in Programs I and P.

      (4) (($6,636,000)) $6,647,000 of the Puyallup tribal settlement account--state appropriation is provided solely for costs associated with the Murray Morgan/11th Street bridge project.  The city of Tacoma may use the Puyallup tribal settlement account appropriation and other appropriated funds for bridge rehabilitation, bridge replacement, bridge demolition, and related mitigation.  The department's participation, including prior expenditures, may not exceed (($40,270,000)) $40,281,000.  The city of Tacoma has taken ownership of the bridge in its entirety, and the payment of these funds extinguishes any real or implied agreements regarding future bridge expenditures.

      (5) The department and the city of Tacoma must present to the legislature an agreement on the timing of the transfer of ownership of the Murray Morgan/11th Street bridge and any additional necessary state funding required to achieve the transfer and rehabilitation of the bridge by January 1, 2010.

      (6) The department shall, on a quarterly basis beginning July 1, 2009, provide to the office of financial management and the legislature reports providing the status on each active project funded in part or whole by the transportation 2003 account (nickel account) or the transportation partnership account.  Funding provided at a programmatic level for transportation partnership account projects relating to seismic bridges should be reported on a programmatic basis.  Projects within this programmatic level funding should be completed on a priority basis and scoped to be completed within the current programmatic budget.  The department shall work with the office of financial management and the transportation committees of the legislature to agree on report formatting and elements.  Elements must include, but not be limited to, project scope, schedule, and costs.  For new construction contracts valued at fifteen million dollars or more, the department must also use an earned value method of project monitoring.  The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information systems (TEIS).

      (7) The department of transportation shall continue to implement the lowest life cycle cost planning approach to pavement management throughout the state to encourage the most effective and efficient use of pavement preservation funds.  Emphasis should be placed on increasing the number of roads addressed on time and reducing the number of roads past due.

      (8)(a) The department shall conduct an analysis of state highway pavement replacement needs for the next ten years.  The report must  include:

      (i) The current backlog of asphalt and concrete pavement preservation projects;

      (ii) The level of investment needed to reduce or eliminate the backlog and resume the lowest life-cycle cost;

      (iii) Strategies for addressing the recent rapid escalation of asphalt prices, including alternatives to using hot mix asphalt;

      (iv) Criteria for determining which type of pavement will be used for specific projects, including annualized cost per mile, traffic volume per lane mile, and heavy truck traffic volume per lane mile; and

      (v) The use of recycled asphalt and concrete in state highway construction and the effect on highway pavement replacement needs.

      (b) Additionally, the department shall work with the department of ecology, the county road administration board, and the transportation improvement board to explore and explain the potential use of permeable asphalt and concrete pavement in state highway construction as an alternative method of storm water mitigation and the potential effects on highway pavement replacement needs.

      (c) The department shall submit the report to the office of financial management and the transportation committees of the legislature by September 1, 2010, in order to inform the development of the 2011-13 omnibus transportation appropriations act.

      (9) (($299,000)) $581,000 of the motor vehicle account--state appropriation, (($23,425,000)) $25,207,000 of the motor vehicle account--federal appropriation, and (($373,000)) $273,000 of the transportation partnership account--state appropriation are provided solely for the SR 104/Hood Canal bridge - replace east half project, identified as project 310407B in the LEAP transportation document described in subsection (1) of this section.

      (10) 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.

      (11) Within the amounts provided in this section, $1,510,000 of the motor vehicle account--state appropriation is provided solely to complete the rehabilitation of the SR 532/84th Avenue NW bridge deck.

      (12) (($1,440,000)) $1,160,000 of the motor vehicle account-- federal appropriation and (($60,000)) $54,000 of the motor vehicle account--state appropriation are provided solely for the environmental impact statement and preliminary planning for the replacement of the state route number 9 Snohomish river bridge (project L2000018).

      (13) (($12,503,000)) $13,833,000 of the motor vehicle account-- federal appropriation and (($497,000)) $479,000 of the motor vehicle account--state appropriation are provided solely for the SR 410/Nile Valley Landslide - Establish Interim Detour project (541002R).

      (14) (($4,239,000)) $3,933,000 of the motor vehicle account-- federal appropriation and (($662,000)) $615,000 of the motor vehicle account--state appropriation are provided solely for the SR 410/Nile Valley Landslide - Reconstruct Route project (541002T).

      (((16))) (15) The legislature anticipates a report in September 2010 that will outline the department's recommendation for developing a Keller Ferry replacement at the lowest cost.  The legislature supports the request to the federal government for federal aid for a replacement vessel and intends to provide reasonable matching amounts as necessary.

      (((17) $2,100,000)) (16) $194,000 of the motor vehicle account-- federal appropriation is provided solely for the SR 21/Kettle River to Malo paving project in Ferry county (602117A).

Sec. 907.  2010 c 247 s 305 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-TRAFFIC OPERATIONS‑-PROGRAM Q‑- CAPITAL

Motor Vehicle Account‑-State Appropriation.... (($8,158,000))

................................................................................... $6,847,000

Motor Vehicle Account‑-Federal Appropriation (($18,037,000))

................................................................................. $11,412,000

Motor Vehicle Account--Private/Local Appropriation (($173,000))

...................................................................................... $174,000

TOTAL APPROPRIATION............................ (($26,368,000))

................................................................................. $18,433,000

Sec. 908.  2010 c 283 s 19 (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.................................................. (($126,824,000))

............................................................................... $102,289,000

Puget Sound Capital Construction Account‑-Federal

Appropriation.................................................... (($60,364,000))

................................................................................. $51,194,000

Puget Sound Capital Construction Account--Local

Appropriation.............................................................. $200,000

Transportation 2003 Account (Nickel Account)‑-State

Appropriation.................................................... (($51,734,000))

................................................................................. $51,735,000

Transportation Partnership Account--State

Appropriation.................................................... (($66,879,000))

............................................................................... $102,660,000

Multimodal Transportation Account--State

Appropriation.............................................................. $149,000

TOTAL APPROPRIATION.......................... (($306,150,000))

............................................................................... $308,227,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) (($126,824,000)) $102,289,000 of the Puget Sound capital construction account--state appropriation, (($60,364,000)) $51,194,000 of the Puget Sound capital construction account--federal appropriation, $200,000 of the Puget Sound capital construction account--local appropriation, (($66,879,000)) $102,660,000 of the transportation partnership account--state appropriation, (($51,734,000)) $51,735,000 of the transportation 2003 account (nickel account)--state appropriation, and $149,000 of the multimodal transportation account-- state appropriation are provided solely for ferry capital projects, project support, and administration as listed in LEAP Transportation Document 2011-2 ALL PROJECTS ((2010-2)) as developed ((March 8, 2010)) April 19, 2011, Program -Washington State Ferries ((Construction)) Capital Program (W).  Of the total appropriation, a maximum of $10,627,000 may be used for administrative support, a maximum of (($8,184,000)) $7,635,000 may be used for terminal project support, and a maximum of $4,497,000 may be used for vessel project support.  Of the total appropriation, (($5,851,000)) $2,016,000 is provided solely for a reservation system and associated communications projects.

      (2) (($51,734,000)) $51,735,000 of the transportation 2003 account (nickel account)--state appropriation, (($63,100,000)) $99,891,000 of the transportation partnership account--state appropriation, and (($10,164,000)) $10,165,000 of the Puget Sound capital construction account--state appropriation are provided solely for the acquisition of three new Island Home class ferry vessels subject to the conditions of RCW 47.56.780.  The department shall pursue a contract for the second and third Island Home class ferry vessels with an option to purchase a fourth Island Home class ferry vessel.  However, if sufficient resources are available to build one 144-auto vessel prior to exercising the option to build the fourth Island Home class ferry vessel, procurement of the fourth Island Home class ferry vessel will be postponed and the department shall pursue procurement of a 144-auto vessel.

      (a) The first two Island Home class ferry vessels must be placed on the Port Townsend-Keystone route.

      (b) The department may add additional passenger capacity to one of the Island Home class ferry vessels to make it more flexible within the system in the future, if doing so does not require additional staffing on the vessel.

      (c) Cost savings from the following initiatives will be included in the funding of these vessels:  The department's review and update of the vessel life-cycle cost model as required under this section; and the implementation of technology efficiencies as required under section 602 of this act.

      (3)(a) $8,450,000 of the Puget Sound capital construction account-- state appropriation ((and $2,450,000)), $2,000 of the Puget Sound capital construction account--federal appropriation, and $1,450,000 of the transportation partnership account--state appropriation are provided solely for the following projects related to the design of a 144-vehicle vessel class:  (i) (($1,380,000)) $700,000 is provided solely for completion of the contract for owner-furnished equipment; (ii) $8,320,000 is provided solely for completion of the technical design, detail design, and production drawings((, all of which must plan for an aluminum superstructure)); (iii) (($480,000)) $300,000 is provided solely for the storage of owner-furnished equipment; and (iv) a maximum of (($720,000)) $582,000 is for construction engineering.  In completing the contract for owner-furnished equipment, the department shall use as much of the already procured equipment as is practicable on the Island Home class ferry vessels if it is likely to be obsolete before it is used in procured 144-vehicle vessels.

      (b) The department shall conduct a cost-benefit study on alternative furnishings and fittings for the 144-vehicle vessel class.  The study must review the proposed interior furnishings and fittings for the long-term maintenance and out-of-service vessel costs and, if appropriate, propose alternative interior furnishings and fittings that will decrease long-term maintenance and out-of-service vessel costs.  The study must include a projection of out-of-service time and a life- cycle cost analysis of planned out-of-service time, including the impact on fleet size.  The department must submit the study to the joint transportation committee by August 1, 2010.

      (((c) The department shall identify costs for any additional detail design and production drawings costs related to incorporating the aluminum superstructure and any changes in the proposed furnishings and fittings.))

      (4) (($6,300,000)) $2,000,000 of the Puget Sound capital construction account--state appropriation is provided solely for emergency capital costs.

      (5) (($3,000,000)) $1,235,000 of the ((Puget Sound capital construction account--federal)) total appropriation is provided solely for completing the Anacortes terminal design up to the maximum allowable construction cost phase.  Beyond preparing environmental work, these funds may be spent only after the following conditions have been met:  (a) A value engineering process is conducted on the existing design and the concept of a terminal building smaller than preferred alternative; (b) the office of financial management participates in the value engineering process; (c) the office of financial management concurs with the recommendations of the value engineering process; and (d) the office of financial management gives its approval to proceed with the design work.

      (6) (($3,965,000 of the Puget Sound capital construction account-- state appropriation is provided solely for the following vessel projects:  Waste heat recovery pilot project for the Issaquah; jumbo Mark 1 class steering gear ventilation pilot project; and improvements to the Yakima and Kaleetan propulsion controls to allow for two engine operation.  Before beginning these projects, the Washington state ferries must ensure the vessels' out-of-service time does not negatively impact service to the system.
      (7))) The department shall pursue purchasing a foreign-flagged vessel for service on the Anacortes, Washington to Sidney, British Columbia ferry route.

      (((8))) (7) The department shall provide to the office of financial management and the legislature quarterly reports providing the status on each project listed in this section and in the project lists submitted pursuant to this act and on any additional projects for which the department has expended funds during the 2009-11 fiscal biennium.  Elements must include, but not be limited to, project scope, schedule, and costs.  The department shall also provide the information required under this subsection via the transportation executive information systems (TEIS).  The quarterly report regarding the status of projects identified on the list referenced in subsection (1) of this section must be developed according to an earned value method of project monitoring.

      (((9))) (8) The department shall review and adjust its capital program staffing levels to ensure staffing is at the most efficient level necessary to implement the capital program in the omnibus transportation appropriations act.  The Washington state ferries shall report this review and adjustment to the office of financial management and the house and senate transportation committees of the legislature by July 2009.

      (((10))) (9) $1,200,000 of the total appropriation is provided solely for improving the toll booth configuration at the Port Townsend and Keystone ferry terminals.

      (((11))) (10) $2,636,000 of the total appropriation is provided solely for continued permitting work on the Mukilteo ferry terminal.  The department shall seek additional federal funding for this project.

      (((12))) (11) The department shall develop a proposed ferry vessel maintenance, preservation, and improvement program and present it to the transportation committees of the legislature by July 1, 2010.  The proposal must:

      (a) Improve the basis for budgeting vessel maintenance, preservation, and improvement costs and for projecting those costs into a sixteen-year financial plan;

      (b) 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.  At a minimum, the department shall consider the following:

      (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; and

      (c) Be based on the service plan in the capital plan, recognizing that vessel preservation and improvement needs may vary by route.

      (((13))) (12) $247,000 of the Puget Sound capital construction account-- state appropriation is provided solely for the Washington state ferries to review and update its vessel life-cycle cost model and report the results to the house of representatives and senate transportation committees of the legislature by December 1, 2010.  This review will evaluate the impact of the planned out-of-service periods scheduled for each vessel on the ability of the overall system to deliver uninterrupted service and will assess the risk of service disruption from unscheduled maintenance or longer than planned maintenance periods.

      (((14))) (13) The department shall work with the department of archaeology and historic preservation to ensure that the cultural resources investigation is properly conducted on all large ferry terminal projects.  These projects must be conducted with active archaeological management.  Additionally, the department shall establish a scientific peer review of independent archaeologists that are knowledgeable about the region and its cultural resources.

      (((15))) (14) The Puget Sound capital construction account--state appropriation includes up to (($114,000,000)) $91,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.843.

      (((16))) (15) The Puget Sound capital construction account--state appropriation reflects the reduction of three terminal positions due to decreased terminal activity and funding.

      (((17))) (16) The department shall provide data to the transportation committees of the senate and house of representatives for a transparent analysis of travel pay policies.

Sec. 909.  2010 c 247 s 307 (uncodified) is amended to read as follows:

FOR THE DEPARTMENT OF TRANSPORTATION‑-RAIL‑-PROGRAM Y‑-CAPITAL

Essential Rail Assistance Account--State

Appropriation......................................................... (($333,000))

...................................................................................... $334,000

Transportation Infrastructure Account‑-State

Appropriation.................................................... (($13,184,000))

................................................................................. $12,348,000

Multimodal Transportation Account--State

Appropriation.................................................. (($102,202,000))

................................................................................. $82,091,000

Multimodal Transportation Account‑-Federal

Appropriation.................................................. (($619,527,000))

................................................................................. $48,445,000

((Multimodal Transportation Account--Private/Local
Appropriation.............................................................. $81,000))

TOTAL APPROPRIATION.......................... (($735,327,000))

............................................................................... $143,218,000

      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 2011-2 ALL PROJECTS ((2010-2)) as developed ((March 8, 2010)) April 19, 2011, Program - Rail Capital Program (Y).

      (b)(i) Within the amounts provided in this section, $116,000 of the transportation infrastructure account--state appropriation is for a low-interest loan through the freight rail investment bank program to the Port of Ephrata (BIN 722710A) for rehabilitation of a rail spur.

      (ii) Within the amounts provided in this section, (($1,200,000)) $400,000 of the transportation infrastructure account--state appropriation is for a low-interest loan through the freight rail investment bank program to the Port of Everett (BIN 722810A) for a new rail track to connect a cement loading facility to the mainline.

      (iii) The department shall issue the loans referenced in this subsection (1)(b) 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)(i) Within the amounts provided in this section, $1,713,000 of the multimodal transportation account--state appropriation and $333,000 of the essential rail assistance account--state appropriation are for statewide - emergent freight rail assistance projects as follows:  Port of Ephrata/Ephrata - additional spur rehabilitation (BIN 722710A) $363,000; Tacoma Rail/Tacoma - new refinery spur tracks (BIN 711010A) $420,000; CW Line/Lincoln County - grade crossing rehabilitation (BIN 700610A) $371,000; Chelatchie Prairie owned railroad/Vancouver - track rehabilitation (BIN 710110A) $367,000; Tacoma Rail/Tacoma - improved locomotive facility (BIN 711010B) $525,000.

      (ii) Within the amounts provided in this section, (($338,000)) $346,000 of the multimodal transportation account--state appropriation is for a statewide - emergent freight rail assistance project grant for the Lincoln County PDA/Creston - new rail spur (BIN ((710510A)) F01001E) project, provided that the grantee first documents to the satisfaction of the department sufficient commitments from the new shipper or shippers to locate in the publicly owned industrial park west of Creston to ensure that the net present value of the public benefits of the project is greater than the grant amount.

      (d) Within the amounts provided in this section, (($8,115,000)) $8,079,000 of the transportation infrastructure account--state appropriation is for grants to any intergovernmental entity or local rail district to which the department of transportation assigns the management and oversight responsibility for the business and economic development elements of existing operating leases on the Palouse River and Coulee City (PCC) rail lines.  $300,000 of the transportation infrastructure account--state appropriation is provided solely for the fence line replacement project on the CW line.  The PCC rail line system is made up of the CW, P&L, and PV Hooper rail lines.  Business and economic development elements include such items as levels of service and business operating plans, but must not include the state's oversight of railroad regulatory compliance, rail infrastructure condition, or real property management issues.  The PCC rail system must be managed in a self-sustaining manner and best efforts must be used to ensure that it does not require state capital or operating subsidy beyond the level of state funding expended on it to date.  The assignment of the stated responsibilities to an intergovernmental entity or rail district must be on terms and conditions as the department of transportation and the intergovernmental entity or rail district mutually agree.  The grant funds may be used only to refurbish the rail lines.  It is the intent of the legislature to make the funds appropriated in this section available as grants to an intergovernmental entity or local rail district for the purposes stated in this section at least until June 30, 2012, and to reappropriate as necessary any portion of the appropriation in this section that is not used by June 30, 2011.

      (2)(a) The department shall issue a call for projects for the freight rail investment bank program and the emergent freight rail assistance program, and shall evaluate the applications according to the cost benefit methodology developed during the 2008 interim using the legislative priorities specified in (c) of this subsection.  By November 1, 2010, the department shall submit a prioritized list of recommended projects to the office of financial management and the transportation committees of the legislature.

      (b) 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 (c) 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.

      (c) 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.

      (3) The department is directed to seek the use of unprogrammed federal rail crossing funds to be expended in lieu of or in addition to state funds for eligible costs of projects in program Y.

      (4) At the earliest possible date, the department shall apply, and assist ports and local jurisdictions in applying, for any federal funding that may be available for any projects that may qualify for such federal funding.  State projects must be (a) currently identified on the project list referenced in subsection (1)(a) of this section or (b) projects for which no state match is required to complete the project.  Local or port projects must not require additional state funding in order to complete the project, with the exception of (c) state funds currently appropriated for such project if currently identified on the project list referenced in subsection (1)(a) of this section or (d) potential grants awarded in the competitive grant process for the essential rail assistance program.  If the department receives any federal funding, the department is authorized to obligate and spend the federal funds in accordance with federal law.  To the extent permissible by federal law, federal funds may be used (e) in addition to state funds appropriated for projects currently identified on the project list referenced in subsection (1)(a) of this section in order to advance funding from future biennia for such project(s) or (f) in lieu of state funds; however, the state funds must be redirected within the rail capital program to advance funding for other projects currently identified on the project list referenced in subsection (1)(a) of this section.  State funds may be redirected only upon consultation with the transportation committees of the legislature and the office of financial management, and approval by the director of the office of financial management.  The department shall spend the federal funds before the state funds, and shall consult the office of financial management and the transportation committees of the legislature regarding project scope changes.

      (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) The department shall, on a quarterly basis, provide to the office of financial management and the legislature reports providing the status on active projects identified in the LEAP transportation document described in subsection (1)(a) of this section.  Report formatting and elements must be consistent with the October 2009 quarterly project report.

      (7) The multimodal transportation account--state appropriation includes up to $48,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.867.

      (8) When the balance of that portion of the miscellaneous program account apportioned to the department for the grain train program reaches $1,180,000, the department shall acquire twenty-nine additional grain train railcars.

      (9) (($590,000,000)) $22,354,000 of the multimodal transportation account--federal appropriation is provided solely for high-speed rail projects awarded to Washington state from the high-speed intercity passenger rail program under the American recovery and reinvestment act.  Funding will allow for two additional round trips between Seattle and Portland, and other rail improvements.

      (10) $2,200,000 of the multimodal transportation account--state appropriation is provided solely for expenditures related to the capital high-speed passenger rail grant that are not federally reimbursable.

      (11) The Burlington Northern Santa Fe Skagit river bridge is an integral part of the rail system.  Constructed in 1916, the bridge does not meet current design standards and is at risk during flood events that occur on the Skagit river.  The department shall work with Burlington Northern Santa Fe and local jurisdictions to secure federal funding for the Skagit river bridge and to develop an appropriate replacement plan and schedule.

      (12) $1,000,000 of the multimodal transportation account--state appropriation is provided solely for additional expenditures along the Chelatchie Prairie railroad (((LN2000025))) (710110A).

Sec. 910.  2010 c 247 s 308 (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.................................................... (($13,848,000))

................................................................................... $9,170,000

Transportation Partnership Account‑-State

Appropriation...................................................... (($8,863,000))

................................................................................... $6,828,000

Motor Vehicle Account‑-State Appropriation.. (($14,068,000))

................................................................................... $9,668,000

Motor Vehicle Account‑-Federal Appropriation (($43,835,000))

................................................................................. $25,727,000

Freight Mobility Multimodal Account‑-State

Appropriation.................................................... (($15,620,000))

................................................................................... $7,472,000

Freight Mobility Multimodal Account‑-Local

Appropriation...................................................... (($3,258,000))

................................................................................... $2,980,000

Multimodal Transportation Account--Federal

Appropriation........................................................... $2,118,000

Multimodal Transportation Account‑-State

Appropriation.................................................... (($28,855,000))

................................................................................. $20,923,000

Transportation 2003 Account (Nickel Account)‑-State

Appropriation........................................................... $2,709,000

Passenger Ferry Account--State Appropriation        (($2,879,000))

................................................................................... $1,764,000

Puyallup Tribal Settlement Account--State

Appropriation...................................................... (($5,895,000))

................................................................................... $5,905,000

TOTAL APPROPRIATION.......................... (($143,757,000))

................................................................................. $95,264,000

      The appropriations in this section are subject to the following conditions and limitations:

      (1) The department shall, on a quarterly basis, provide status reports to the legislature on the delivery of projects as outlined in the project lists incorporated in this section.  For projects funded by new revenue in the 2003 and 2005 transportation packages, reporting elements shall include, but not be limited to, project scope, schedule, and costs.  Other projects may be reported on a programmatic basis.  The department shall also provide the information required under this subsection on a quarterly basis via the transportation executive information system (TEIS).

      (2) (($2,729,000)) $1,614,000 of the passenger ferry account--state appropriation is provided solely for near and long-term costs of capital improvements ((in a)) and operating expenses that are consistent with the business plan approved by the governor for passenger ferry service.

      (3) $150,000 of the passenger ferry account--state appropriation is provided solely for the Port of Kingston for a one-time operating subsidy needed to retain a federal grant.

      (4) $3,000,000 of the motor vehicle account--federal appropriation is provided solely for the Coal Creek parkway project (L1000025).

      (5) The department shall seek the use of unprogrammed federal rail crossing funds to be expended in lieu of or in addition to state funds for eligible costs of projects in local programs, program Z capital.

      (6) The department shall apply for surface transportation program (STP) enhancement funds to be expended in lieu of or in addition to state funds for eligible costs of projects in local programs, program Z capital.

      (7) Federal funds may be transferred from program Z to programs I and P and state funds shall be transferred from programs I and P to program Z to replace those federal funds in a dollar-for-dollar match.  Fund transfers authorized under this subsection shall not affect project prioritization status.  Appropriations shall initially be allotted as appropriated in this act.  The department may not transfer funds as authorized under this subsection without approval of the office of financial management.  The department shall submit a report on those projects receiving fund transfers to the office of financial management and the transportation committees of the legislature by December 1, 2009, and December 1, 2010.

      (8) The city of Winthrop may utilize a design-build process for the Winthrop bike path project.  Of the amount appropriated in this section for this project, $500,000 of the multimodal transportation account-- state appropriation is contingent upon the state receiving from the city of Winthrop $500,000 in federal funds awarded to the city of Winthrop by its local planning organization.

      (9) (($18,289,000)) $13,732,000 of the multimodal transportation account--state appropriation, (($8,810,000)) $7,104,000 of the motor vehicle account--federal appropriation, and (($4,000,000)) $2,805,000 of the transportation partnership account--state appropriation are provided solely for the pedestrian and bicycle safety program projects and safe routes to schools program projects identified in LEAP Transportation Document 2009-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 30, 2009, LEAP Transportation Document 2007-A, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed April 20, 2007, and LEAP Transportation Document 2006-B, pedestrian and bicycle safety program projects and safe routes to schools program projects, as developed March 8, 2006.  Projects must be allocated funding based on order of priority.  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 identify where unused grant funds remain because actual project costs were lower than estimated in the grant award.

      (10) 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 2011-2 ALL PROJECTS ((2010-2)) as developed ((March 8, 2010)) April 19, 2011, Program - Local Program (Z).

      (11) For the 2009-11 project appropriations, unless otherwise provided in this act, the director of financial management may authorize a transfer of appropriation authority between projects managed by the freight mobility strategic investment board in order for the board to manage project spending and efficiently deliver all projects in the respective program.

      (12) (($913,386 of the motor vehicle account--state appropriation and $2,858,000 of the motor vehicle account--federal appropriation are provided solely for completion of the US 101 northeast peninsula safety rest area and associated roadway improvements east of Port Angeles at the Deer Park scenic view point.  The department must surplus any right-of-way previously purchased for this project near Sequim.  Approval to proceed with construction is contingent on surplus of previously purchased right-of-way.  $865,000 of the motor vehicle account--state appropriation is to be placed into unallotted status until such time as the right-of-way sale is completed.
      (13) $5,894,000)) $5,905,000 of the Puyallup tribal settlement account--state appropriation is provided solely for costs associated with the Murray Morgan/11th Street bridge project.  The city of Tacoma may use the Puyallup tribal settlement account appropriation and other appropriated funds for bridge rehabilitation, bridge replacement, bridge demolition, and bridge mitigation.  The department's participation, including prior expenditures, may not exceed (($40,270,000)) $40,281,000.  The city of Tacoma has taken ownership of the bridge in its entirety, and the payment of these funds extinguishes any real or implied agreements regarding future bridge expenditures.

      (((14))) (13) Up to (($3,702,000)) $52,000 of the motor vehicle account--federal appropriation and (($75,000)) $52,000 of the motor vehicle account--state appropriation are provided solely to reimburse the cities of Kirkland and Redmond for pavement and bridge deck rehabilitation on state route number 908 (project 1LP611A).  These funds may not be expended unless the cities sign an agreement stating that the cities agree to take ownership of state route number 908 in its entirety and agree that the payment of these funds represents the entire state commitment to the cities for state route number 908 expenditures.  The amount provided in this subsection is contingent on the enactment by June 30, 2010, of Senate Bill No. 6555.

      (((15))) (14) The department shall consider the condition of the Broadway bridge in the city of Everett when prioritizing bridge projects.

      (((16))) (15) In order to make the Hood Canal bridge safe for cyclists, the department must work with stakeholders to review bicycle safety needs on the bridge, including consideration of accident data and improvements already made to this project.

      (((17) $250,000)) (16) $25,000 of the multimodal transportation account--state appropriation is provided solely for the Shell Valley emergency access road and bicycle/pedestrian path.

      (((18) $500,000)) (17) $50,000 of the motor vehicle account--state appropriation is provided solely for improvements to the 150th and Murray Road intersection in the city of Lakewood.

      (((19) $250,000)) (18) $100,000 of the motor vehicle account--state appropriation is provided solely for flood reduction solutions on state route number 522 caused by the lower McAleer and Lyon creek basins.

      (((20))) (19) $200,000 of the motor vehicle account--state appropriation is provided solely for improvements to the intersection of 39th Ave SE and state route number 96 in Snohomish county.

 

TRANSFERS AND DISTRIBUTIONS

 

Sec. 1001.  2010 c 247 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

Highway Bond Retirement Account Appropriation (($733,667,000))

............................................................................... $720,842,000

Ferry Bond Retirement Account Appropriation.... $33,771,000

State Route Number 520 Corridor Account--State

Appropriation......................................................... (($600,000))

................................................................................... $1,308,000

Transportation Improvement Board Bond Retirement

Account--State Appropriation........................... (($22,962,000))

................................................................................. $21,084,000

 Nondebt-Limit Reimbursable Account--State

Appropriation.................................................... (($18,451,000))

................................................................................. $16,850,000

Transportation Partnership Account--State

Appropriation...................................................... (($4,722,000))

................................................................................... $6,818,000

Motor Vehicle Account--State Appropriation....... (($901,000))

...................................................................................... $672,000

Transportation 2003 Account (Nickel Account)--State

Appropriation...................................................... (($4,116,000))

................................................................................... $3,116,000

Special Category C Account--State Appropriation   (($148,000))

...................................................................................... $136,000

Urban Arterial Trust Account--State Appropriation..... $85,000

Transportation Improvement Account--State Appropriation $41,000

Multimodal Transportation Account--State

Appropriation......................................................... (($283,000))

...................................................................................... $164,000

TOTAL APPROPRIATION.......................... (($831,004,000))

............................................................................... $804,887,000

Sec. 1002.  2010 c 247 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

State Route Number 520 Corridor Account--State

Appropriation........................................................... (($40,000))

........................................................................................ $83,000

Transportation Partnership Account--State

Appropriation......................................................... (($787,000))

...................................................................................... $537,000

Motor Vehicle Account--State Appropriation....... (($122,000))

........................................................................................ $62,000

Transportation 2003 Account (Nickel Account)--State

Appropriation......................................................... (($364,000))

...................................................................................... $264,000

Special Category C Account--State Appropriation.. (($15,000))

........................................................................................ $12,000

Urban Arterial Trust Account--State Appropriation....... $5,000

Transportation Improvement Account--State Appropriation $3,000

Multimodal Transportation Account--State

Appropriation........................................................... (($34,000))

........................................................................................ $40,000

TOTAL APPROPRIATION.............................. (($1,370,000))

................................................................................... $1,006,000

Sec. 1003.  2010 c 247 s 403 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES:  FOR MVFT BONDS AND TRANSFERS

Motor Vehicle Account‑-State Appropriation:  For transfer to the Puget Sound Capital Construction

Account............................................................ (($114,000,000))

................................................................................. $91,000,000

      The department of transportation is authorized to sell up to (($114,000,000)) $91,000,000 in bonds authorized by RCW 47.10.843 for vessel and terminal acquisition, major and minor improvements, and long lead-time materials acquisition for the Washington state ferries.

Sec. 1004.  2010 1st sp.s. c 37 s 804 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-ADMINISTRATIVE TRANSFERS

(1) ((Tacoma Narrows Toll Bridge Account--State

Appropriation:  For transfer to the Motor Vehicle
Account--State........................................................... $5,288,000
(2))) Motor Vehicle Account--State Appropriation:

For transfer to the Puget Sound Ferry Operations

Account--State................................................... (($54,100,000))

................................................................................. $78,000,000

      (((3))) (2) Recreational Vehicle Account--State

Appropriation:  For transfer to the Motor Vehicle

Account--State..................................................... (($2,000,000))

................................................................................... $1,800,000

      (((4))) (3) License Plate Technology Account--State

Appropriation:  For transfer to the Highway Safety

 Account--State......................................................... $2,750,000

      (((5))) (4) Multimodal Transportation Account--State

Appropriation:  For transfer to the Puget Sound

Ferry Operations Account--State........................ (($9,000,000))

................................................................................. $13,000,000

(((6) Highway Safety Account--State Appropriation:
For transfer to the Multimodal Transportation
Account--State......................................................... $18,750,000
(7))) (5) Department of Licensing Services Account--State

Appropriation:  For transfer to the Motor Vehicle

Account--State........................................................... $1,300,000

      (((8))) (6) Advanced Right-of-Way Account:  For transfer

to the Motor Vehicle Account--State...................... $14,000,000

(((9) State Route Number 520 Civil Penalties
Account--State Appropriation:  For transfer to the
State Route Number 520 Corridor Account--State...... $190,000
(10))) (7) Advanced Environmental Mitigation

Revolving Account--State Appropriation:  For transfer

to the Motor Vehicle Account--State........................ $5,000,000

      (((11))) (8) Regional Mobility Grant Program Account--State

Appropriation:  For transfer to the Multimodal

Transportation Account--State................................. $4,000,000

      (((12))) (9) Motor Vehicle Account--State Appropriation:

For transfer to the State Patrol Highway Account--

State     (($5,600,000))

................................................................................... $4,600,000

      (((13) The transfers identified in this section are subject to the following conditions and limitations:
      (a) The amount transferred in subsection (1) of this section represents repayment of operating loans and reserve payments provided to the Tacoma Narrows toll bridge account from the motor vehicle account in the 2005-07 fiscal biennium.  However, if Engrossed Substitute Senate Bill No. 6499 is enacted by June 30, 2010, the transfer in subsection (1) of this section shall not occur.
      (b) Any cash balance in the waste tire removal account in excess of one million dollars must be transferred to the motor vehicle account for the purpose of road wear-related maintenance on state and local public highways.
      (c) The transfer in subsection (9) of this section represents toll revenue collected from toll violations.))

(10) Highway Safety Account--State Appropriation:
For transfer to the Motor Vehicle Account—State…….$19,000,000

 

MISCELLANEOUS

 

NEW SECTION.  Sec. 1101.  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. 1102.  Except for sections 703, 704, 705, 716, 719, and 722 of this act, 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.

NEW SECTION.  Sec. 1103.  Sections 703, 704, 716, and 719 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2011.

NEW SECTION.  Sec. 1104.  Sections 705 and 722 of this act take effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational.  A notice of certification must be filed with the code reviser for publication in the state register.  If a certificate is not issued by the secretary of transportation by December 1, 2012, sections 705 and 722 of this act are null and void.

INDEX                                                                       PAGE #

 

ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS                66

COLLECTIVE BARGAINING AGREEMENTS ................ 64

WSP LIEUTENANTS ASSOCIATION ............................... 64

WSP TROOPERS ASSOCIATION ...................................... 64

COUNTY ROAD ADMINISTRATION BOARD . 6, 36, 132

DEPARTMENT OF AGRICULTURE ................................. 4

DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION                 2

DEPARTMENT OF LICENSING ....................................... 12

TRANSFERS ......................................................................... 61

DEPARTMENT OF TRANSPORTATION ................. 70, 73

DEPARTMENT OF TRANSPORTATION MARINE DIVISION COLLECTIVE BARGAINING AGREEMENTS

IBU, METAL TRADES, OPEIU, MEBA-UL, MEBA-L, MM&P, FASSPA, SEIU LOCAL NO. 6               64

TERMS AND CONDITIONS .............................................. 65

DEPARTMENT OF TRANSPORTATION

AVIATION‑-PROGRAM F ......................................... 18, 108

CHARGES FROM OTHER AGENCIES‑-PROGRAM U . 26

ECONOMIC PARTNERSHIPS‑-PROGRAM K ........ 19, 111

FACILITIES‑-PROGRAM D‑-OPERATING ............. 17, 108

HIGHWAY MAINTENANCE‑-PROGRAM M ........ 20, 112

IMPROVEMENTS‑-PROGRAM I ............................. 38, 134

INFORMATION TECHNOLOGY‑-PROGRAM C .. 16, 106

LOCAL PROGRAMS‑-PROGRAM Z--OPERATING ... 130

LOCAL PROGRAMS‑-PROGRAM Z‑-CAPITAL ... 54, 161

LOCAL PROGRAMS‑-PROGRAM Z‑-OPERATING ..... 35

MARINE‑-PROGRAM X ............................................ 30, 125

PRESERVATION‑-PROGRAM P  ............................. 45, 146

PROGRAM D (DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)‑-CAPITAL      133

PROGRAM D ‑-(DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)‑-CAPITAL   37

PROGRAM DELIVERY MANAGEMENT AND SUPPORT‑-PROGRAM H               18, 109

PUBLIC TRANSPORTATION‑-PROGRAM V ........ 27, 120

RAIL‑-PROGRAM Y--OPERATING ......................... 34, 130

RAIL‑-PROGRAM Y‑-CAPITAL ............................... 51, 156

TOLL OPERATIONS AND MAINTENANCE‑-PROGRAM B      14, 105

TRAFFIC OPERATIONS‑-PROGRAM Q‑-CAPITAL 48, 150

TRAFFIC OPERATIONS‑-PROGRAM Q‑-OPERATING 21, 114

TRANSPORTATION MANAGEMENT AND SUPPORT‑-PROGRAM S    24, 118

TRANSPORTATION PLANNING, DATA, AND RESEARCH‑-PROGRAM T           24, 118

WSF CONSTRUCTION--PROGRAM W ........................... 48

DEPARTMENT OF TRANSPORTATION--WSF CONSTRUCTION‑-PROGRAM W                150

FEDERAL FUNDS RECEIVED FOR CAPITAL PROJECT EXPENDITURES              59

FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD       9

FUND TRANSFERS ............................................................ 67

JOINT TRANSPORTATION COMMITTEE ...................... 7

LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE            4

MEGA-PROJECT REPORTING ........................................ 67

OFFICE OF FINANCIAL MANAGEMENT ....................... 2

STAFFING LEVELS ............................................................. 70

STATE PARKS AND RECREATION COMMISSION ....... 4

STATE TREASURER

ADMINISTRATIVE TRANSFERS ............................. 62, 167

BOND RETIREMENT AND INTEREST 59, 60, 61, 165, 166, 167

STATE REVENUES FOR DISTRIBUTION ....................... 61

TRANSFERS ......................................................................... 61

STATUTORY APPROPRIATIONS ................................... 63

TRANSPORTATION COMMISSION ........................... 8, 99

TRANSPORTATION IMPROVEMENT BOARD 6, 37, 133

UTILITIES AND TRANSPORTATION COMMISSION ... 2

VOLUNTARY RETIREMENT, SEPARATION, AND DOWNSHIFTING INCENTIVES            71

WASHINGTON STATE PATROL ....................... 10, 36, 131

FIELD OPERATIONS BUREAU ...................................... 100

INVESTIGATIVE SERVICES BUREAU .......................... 103

TECHNICAL SERVICES BUREAU .................................. 103

WASHINGTON TRAFFIC SAFETY COMMISSION ....... 5"

      On page 1, line 1 of the title, after "appropriations;" strike the remainder of the title and insert "amending RCW 47.29.170, 46.63.170, 46.63.160, 43.19.642, 43.19.534, 47.01.380, 47.56.403, 43.105.330, 47.64.170, 47.64.270, 47.64.280, 46.68.170, 46.68.370, 47.12.244, 46.68.060, 46.68.220, 47.56.876, and 46.68.---; reenacting and amending RCW 46.18.060 and 47.28.030; amending 2010 c 247 ss 205, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 301, 302, 303, 304, 305, 307, 308, 401, 402, and 403 (uncodified); amending 2009 c 470 ss 301 and 305 (uncodified); amending 2010 c 283 s 19 (uncodified); amending 2010 1st sp.s. c 37 s 804 (uncodified); adding a new section to 2010 c 247 (uncodified); creating new sections; repealing 2010 c 161 s 1126; making appropriations and authorizing expenditures for capital improvements; providing an effective date; providing a contingent effective date; and declaring an emergency."

      Senator Haugen spoke in favor of adoption of the striking amendment.

 

MOTION

 

Senator Benton moved that the following amendment by Senator Benton to the striking amendment be adopted:

On page 14, after line 25, insert the following:

“(13) Appropriations provided in this section are sufficient for the department to process applications for drivers’ licenses, driver’s instruction permits, juvenile agricultural driving permits, and identicards. Consistent with RCW 46.20.035 and 46.20.091 regarding an applicant’s proof of identity and Washington state residency, when an applicant for a driver’s license, driver’s instruction permit, juvenile agricultural driving permit, or identicard does not provide a valid social security number as part of their application process, the department shall verify the lawful presence of the applicant through the alien verification for entitlements program administered by the United States citizenship and immigrations services. If the lawful presence of the applicant cannot be verified, the application must be denied.”

Senator Benton spoke in favor of adoption of the amendment to the striking amendment.

 

POINT OF ORDER

 

Senator Brown:  “Thank you Mr. President. Mr. President, I would submit that the amendment is in violation of Senate Rule 66 and Rule 25 by introducing a second subject beyond the scope and object of the underlying striking amendment. The striking amendment is the 2011-13 biennial transportation budget. It simply appropriates funds for transportation projects and operations. The amendment adds new substance law to the budget bill by requiring the Department of Licensing to verify lawful presence of license permit and identicard applicants. The President has consistently ruled that adding substantive f law into a budget bill violates Senate Rule 25 prohibiting more than one subject in a bill. Both the fact that a subject matter of the amendment was dealt with in a separate substance bill, as the Senator alluded to, and that the duration of the amendment would extend beyond the two-year time period of the budget point to the fact that this is a substantive amendment to a budget bill. I therefore request that the President rule that the amendment be ruled out of order.”

 

Senator Benton spoke against the point of order.

 

MOTION

 

On motion of Senator Eide, further consideration of Engrossed Substitute House Bill No. 1175 was deferred and the bill held its place on the second reading calendar.

 

MOTION

 

On motion of Senator Eide, the Senate advanced to the eighth order of business.

 

MOTION

 

Senator Honeyford moved adoption of the following resolution:

SENATE RESOLUTION
8659

By Senators Honeyford, Holmquist Newbry, and Fraser

      WHEREAS, It has been the tradition of the Washington State Senate to honor significant and important contributions made by employees; and

      WHEREAS, Janet Haag began her illustrious and lengthy career with the Washington State Legislature in 1986; and

      WHEREAS, Janet began working for the House of Representatives in 1986 for Representative Haley, moving to full-time positions with Representative Jean Silver (1989), and Representative Jim Honeyford (1996); and

      WHEREAS, Janet moved to the Senate with newly elected Senator Honeyford in January 1, 1999, where she has served with grace, a wonderful sense of humor, and the skills to perform the multitude of tasks that Legislative Assistants are required to perform (see the small print); and

      WHEREAS, Janet has shared her love of travel:  Regaling us with stories from Africa, where the women of a Samburu village honored her with the name Kwaheri Mama that was acknowledging her openness and acceptance of the people of the village; trips to the Scandinavian homeland of her parents, where she met extended family members and stayed in their homes; and trips to England, especially the Cornish moors and heath that were reminiscent of the wonderful Victorian novels she enjoys reading.  On all of these adventures she was accompanied by either her husband Roger, her family, or her friends; and

      WHEREAS, Janet's love of a good book, movie, or TV show has also brought her new adventures, just ask her about "Lost," the entertainment world, and people she met while working in Los Angeles; and

      WHEREAS, Janet found herself with a lot of love in her heart that she needed to share by adopting Milt Doumit as her son, so that she could share her wisdom with him, and his rugged good looks could be a comfort to her; and

      WHEREAS, Janet assumed the role as peacemaker within the Newhouse Building, selflessly giving of herself and working tirelessly to mediate disputes as to dishes left in the common sink, machines left jammed in the copy room, and crimes against humanity found in the community refrigerator; and

      WHEREAS, Janet was always willing to faithfully serve the public and constituents, but she made it very clear to everyone else that she could only please one person a day, and today was not their day, nor was tomorrow looking good, either; and

      WHEREAS, Janet was an eternal pragmatist who often remarked that, if everything seems to be going well, something has obviously been overlooked; and

      WHEREAS, Janet would often watch Floor action, shake her head, and advise those around her to never argue with a fool, as people might not know the difference; and

      WHEREAS, Janet attributed her sunny disposition and longevity in public service to clean living, looking upon the bright side of every situation, and never, ever setting foot in caucus unless it was absolutely necessary (in which case, she sent the intern); and

      WHEREAS, The many, many friends she has gathered around her during these years in public service will miss her mightily and more than words can ever express, but wish her all the best on her well-deserved retirement;

      NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate give Janet heartfelt thanks for her years of service and wish her and Roger days of travel, family, and friends; and

      BE IT FURTHER RESOLVED, That a copy of this resolution be immediately transmitted by the Secretary of the Senate to Janet Haag.

      Senators Honeyford, Shin, Fraser and Stevens  spoke in favor of adoption of the resolution.

      The President declared the question before the Senate to be the adoption of Senate Resolution No. 8659.

The motion by Senator Honeyford carried and the resolution was adopted by voice vote.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced members of Janet’s family, Roger Haag, husband;  Kandi and Ron Wesselius, daughter and son-in-law; Nic, Brad and Emily, Grandchildren; Kathy and Dick Fankhauser, sister and brother-in-law and Carolyn Robinson, sister who were seated in the gallery.

INTRODUCTION OF SPECIAL GUESTS

 

The President welcomed and introduced Janet Haag who was seated at the rostrum.

 

MOTION

 

At 12:34 p.m., on motion of Senator Eide, the Senate adjourned until 9:30 a.m. Wednesday, April 20, 2011.

 

BRAD OWEN, President of the Senate

 

THOMAS HOEMANN, Secretary of the Senate

 

 

 

 

 

 

 

 

 

 

 

 

1053-S

Messages................................................................................ 6

1175-S

Other Action........................................................................ 66

Second Reading.............................................................. 14, 65

1516-S

Messages................................................................................ 6

1544

Messages................................................................................ 2

1560-S

Messages................................................................................ 2

1793-S

Messages................................................................................ 6

1969

Messages................................................................................ 2

5067-S

President Signed..................................................................... 7

5326-S

President Signed..................................................................... 7

5350-S

President Signed..................................................................... 7

5371-S

President Signed..................................................................... 7

5392-S

President Signed..................................................................... 7

5394-S

President Signed..................................................................... 7

5427-S2

President Signed..................................................................... 7

5436-S

President Signed..................................................................... 7

5445-S

President Signed..................................................................... 7

5451-S

President Signed..................................................................... 7

5452-S

President Signed..................................................................... 7

5504-S

President Signed..................................................................... 7

5534

Committee Report................................................................. 1

5540-S

Final Passage as amended by House.................................... 11

Messages................................................................................ 7

Other Action........................................................................ 10

5579-S

Final Passage as amended by House.................................... 13

Messages.............................................................................. 11

Other Action........................................................................ 12

5590-S

Final Passage as amended by House.................................... 14

Messages.............................................................................. 13

Other Action........................................................................ 14

5625

Messages................................................................................ 2

5749-S

Messages................................................................................ 3

5784-S

Final Passage as amended by House...................................... 7

Messages................................................................................ 6

Other Action.......................................................................... 7

5920

Committee Report................................................................. 1

5929

Committee Report................................................................. 1

8010

Introduction & 1^st Reading..................................................... 2

8659

Adopted............................................................................... 66

Introduced............................................................................ 66

9164 James Glover

Introduced.............................................................................. 1

MESSAGE FROM GOVERNOR

Gubernatorial Appointments................................................. 1

PRESIDENT OF THE SENATE

Intro. Special Guests, Janet Haag........................................ 66

Intro. Special Guests, Janet Haags family........................... 66

WASHINGTON STATE SENATE

Point of Order, Senator Brown............................................ 65