ESHB 1175
TRANSPORTATION BUDGET
PASSED/AWB SUPPORTED
Sponsored by Rep. Judy Clibborn, D-Mercer Island, and Rep. Mike Armstrong, R-Wenatchee, the transportation budget passed the House 87-9 and the Senate 39-9 after conference committee negotiations. AWB supported the two-year transportation budget, which will invest more than $330 million in projects. The 2011-13 transportation budget directs the Department of Transportation to develop a new, more efficient model for the delivery of transportation projects. This is to be accomplished through the continued use of contracting out services to the private sector and by reducing the size of the engineering and technical workforce at DOT from 2,800 to 2,000 by the end of the 2013-15 biennium. The previous 2003 and 2005 revenue packages have funded hundreds of transportation projects across the state — the vast majority of which will be under contract or completed by the 2011–13 biennium’s end. To date, more than 90 percent of these projects have been completed on time and 92 percent on or under budget. But after the 2013–15 biennium, more than 90 percent of the two transportation packages’ proceeds will cover debt service. The transportation system continues to have additional needs. The governor has called for an emphasis on transportation by establishing the Connecting Washington Task Force that will make funding recommendations to the Legislature for the 2012 session.
HB 1382
EXPRESS TOLL LANES (I-405)
PASSED/AWB NEUTRAL
House Bill 1382 sponsored by Rep. Judy Clibborn, D-Mercer Island, and its companion measure in the Senate, Senate Bill 5490 (sponsored by Sen. Margarita Prentice, D-Renton), authorizes tolls for express lanes on Interstate 405. The bill designates I-405 as an eligible toll facility and requires the Washington State Transportation Commission to set toll rates for vehicles, which can vary by time of day, level of congestion and other criteria. It also requires WSDOT to develop a traffic and revenue analysis, a corridor-wide project management plan and a finance plan for a 40-mile continuous express toll lane system that includes State Route 167 and Interstate 405. Toll charges may not be assessed on transit buses, vanpools, but toll revenue may be used for debt services, planning, administration, construction, maintenance, repairing, rebuilding, operation, enforcement and the expansion of express toll lanes on I-405. The commission must periodically review the toll rates against the traffic performance of all lanes to determine if the toll rates are effectively maintaining travel time, speed and reliability. The traffic and revenue analysis and the finance plan are due to the governor and Legislature in January 2012.
HB 1929
STREET UTILITY TAX FOR CITIES
FAILED/AWB OPPOSED
AWB is pleased with the defeat of House Bill 1929, legislation sponsored by Rep. Marko Liias, D-Edmonds, authorizing a street utility tax authority for cities. This bill died in the House Rules Committee after passing out of the House Transportation Committee. A street tax based on trips will adversely affect Washington businesses and further burden economic recovery. The bill failed to address the 1995 Washington Supreme Court decision in Covell v. City of Seattle where the court concluded that the street utility charge was not a valid fee, but rather a tax on property that violated the state constitution's uniformity clause. Other local option taxes remain in effect and available for cities to use that should be reviewed before adding to them, and the proposal ignores the bigger effort underway to look at funding our next transportation package. Before passing the House Transportation Committee, the bill was amended to allow nine cities this new authority as a local option that is voted on by the people. Many lawmakers who voted in favor of the bill noted it as a work in progress, as a favor to the sponsor, and looking forward to a comprehensive, transportation funding. AWB opposes this bill and will actively work against its passage if brought up again in 2012. The City of Spokane street tax calculator at www.spokanecity.org/services/streetutilitycalc/ offers a glimpse of how much this proposal might cost.
HB 2053
TRANSPORTATION FUNDING
FAILED/AWB NEUTRAL
House Bill 2053, sponsored by Rep. Judy Clibborn, D-Mercer Island, and its companion bill, Senate Bill 5925 (sponsored by Sen. Mary Margaret Haugen, D-Camano Island), were introduced late in the regular session to address shortfalls in core transportation accounts. The bills addressed funding for the State Patrol and Ferry Operating Accounts, as well as state preservation and maintenance and ferry capital programs, provide funding to local transportation entities for urgent system preservation needs and bring fee rates in-line with costs for transportation services. AWB testified in the House that several of the fees considered in the original bill would significantly hurt business and that this smaller proposal would make it harder to get support for a larger package. HB 2053 was modified to neutralize AWB concern and passed the House 53-43 but was not acted on by the Senate.
SB 5131
TRANSIT IMPACT FEES
FAILED/AWB SUPPORTED
Senate Bill 5131, sponsored by Sen. Mary Margaret Haugen, D-Camano Island, would have given a credit against impact fees when builders made transit-related investments in residential construction projects. The bill died in the House and will likely come back again next year.
ESSB 5457
CONGESTION REDUCTION CHARGE
PASSED/AWB OPPOSED
Engrossed Substitute Senate Bill 5457 will allow King County to impose a temporary congestion reduction charge on certain vehicles of up to $20 to help fund METRO. This charge can only be passed with a two-thirds majority approval of the King County Council or by a simple majority vote of the people. AWB opposed the use of vehicle licenses to pay for transit. The bill narrowly passed the Senate by a vote of 25-21 and the House by 50-47. The governor signed the bill into law; the King County Council is also considering the implementation of a temporary charge.
SSB 5700
TOLLING COMMISSION
PASSED/AWB NEUTRAL
Sens. Mary Margaret Haugen, D-Camano Island, and Curtis King, R-Yakima, introduced the bipartisan Substitute Senate Bill 5700 to reestablish tolling authority for mega-projects in the Washington transportation system that are at risk after the passage of I-1053. The bill clarifies that the Legislature intends to review, and explicitly approve, the Transportation Commission's SR 520 schedule of toll charges and that the Transportation Commission may adjust toll rates for the 520 project for maintenance and operating costs on the corridor. The commission must provide documentation and justification to the Legislature on any future changes to the 520 toll rates. During the 2009 session, the Legislature authorized tolling on the State Route 520 to pay the bonds. The Washington State Department of Transportation has said tolls may be imposed as early as spring of 2011. The Transportation Commission adopted a schedule of toll rates for the 520 and Tacoma Narrows Bridge. Initiative 1053 provides that "[a] fee may only be imposed or increased in any fiscal year if approved with majority legislative approval in both the House of Representatives and the senate ..." I-1053 took effect Dec. 2, 2010 and tolls are considered fees. The bill ultimately passed the House and Senate after lively debate. Efforts to put restrictions on the use of toll revenue in the constitution, Senate Joint Resolution 8210, died in the Senate Transportation Committee.
2ESSB 5742
STATE FERRY SYSTEM
PASSED/AWB SUPPORTED
Second Engrossed Substitute Senate Bill 5742 sponsored by Sen. Mary Margaret Haugen, D-Camano Island, responds to the King 5 News expose, “Waste on the Water,” and improves the ferry system's operating structure by increasing revenues, reducing costs and holding managers accountable for on-time performance. The bill exempts state and county ferry fuel purchases from sales and use taxes, starting July 1, 2013. It also defines management rights as they relate to collective bargaining, severs WSF captains from their current union starting July 1, 2013, allows Washington State Ferry captains to be in their own union and defines captains’ duties.
SSB 5836
PRIVATE TRANSPORTATION/PUBLIC TRANSPORTATION FACILITIES
PASSED/AWB SUPORTED
Private transportation providers, such as motor coaches and shuttle buses, are used by employers to meet commute trip reduction goals, help reduce greenhouse gas emissions and reduce the number of single occupancy vehicles on the road. Public transit lanes and park and ride lots don’t allow access to buses that are privately operated — even during off-peak hours. Nor can they use the left lane of a three-lane highway like public buses or the HOV lane when “deadheading” (empty trips on the way to or from picking up/dropping off passengers). Substitute Senate Bill 5836 authorizes the Washington State Department of Transportation and local jurisdictions to allow certain private transportation provider vehicles to use high occupancy vehicle lanes and lanes reserved for public transportation on highways, except for transit-only lanes that allow other vehicles to access abutting businesses. The bill requires transit agencies that receive state funding for park-and-ride lots to make reasonable accommodations for certain private transportation providers unless the facility is at or exceeds 90 percent capacity during two consecutive months. It encourages local authorities to establish a process for private transportation providers to apply for the use of park-and-ride lots and requires WSDOT to convene a stakeholder process to develop standard forms, permit rates, and indemnification provisions for use by local authorities. The bill also requires WSDOT and local authorities, when designing portions of roadways intended for the exclusive or preferential use of public transportation, to consider whether the design will safely accommodate certain private transportation provider vehicles. This legislation gives employers greater choices when developing commute trip reduction solutions, encourages greater tourism opportunities and recognizes the need of private providers to meet schedule demands while serving as part of the solution to Washington’s transportation needs.
SB 5251
ELECTRIC VEHICLE FEE
FAILED/AWB NEUTRAL
Sponsored by Sen. Mary Margaret Haugen, D-Camano Island, Senate Bill 5251 sought the first-ever electric car fee in the nation. The bill passed twice in the Senate but died in the House during special session. The measure would impose a $100 annual fee to help lawmakers address declining gas tax revenues and to have higher fuel efficient vehicles provide greater contribution. This effort is likely to come back in the 2012 session as the Legislature is looking to put together a transportation package for voters to consider.
