title: RCW 47.64.175

text:
(1) For the purpose of negotiating collective bargaining agreements under this chapter, the employer shall be represented by the governor or governor's designee.
(2) Two or more ferry employee organizations may, upon agreement of the parties, negotiate, as a coalition with the employer representative as designated in subsection (1) of this section, a multiunion collective bargaining agreement on behalf of all the employees in ferry employee organization bargaining units that the exclusive bargaining representatives represent. The coalition shall bargain for a multiunion collective bargaining agreement covering all of the employees represented by the coalition. The governor's designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of bargaining unit-specific issues for inclusion in or as an addendum to the multiunion collective bargaining agreement, subject to the parties' agreement regarding the issues and procedures for supplemental bargaining. Nothing in this section impairs the right of each ferry employee organization to negotiate a collective bargaining agreement exclusive to the bargaining unit it represents.
[ 2006 c 164 s 2.]
Notes:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

catchline: Collective bargaining agreement negotiation.


doc_type: statute

jurisdiction: wa

title: RCW 47.64.200

text:
As the first step in the performance of their duty to bargain, the employer and the employee organization shall endeavor to agree upon impasse procedures. Unless otherwise agreed to by the employee organization and the employer in their impasse procedures, the arbitrator or panel shall issue a decision it deems just and appropriate with respect to each impasse item. If the parties fail to agree upon impasse procedures under this section, the impasse procedures provided in RCW 47.64.210 and 47.64.230 and 47.64.300 through 47.64.320 apply. It is unlawful for either party to refuse to participate in the impasse procedures provided in RCW 47.64.210 and 47.64.230 and 47.64.300 through 47.64.320.
[ 2010 c 283 s 12; 2006 c 164 s 7; 1983 c 15 s 11.]
Notes:
Findings—Intent—Effective date—2010 c 283: See notes following RCW 47.60.355.
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Impasse procedures.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 47.64.210

text:
In the absence of an impasse agreement between the parties or the failure of either party to utilize its procedures by August 1st in the even-numbered year preceding the biennium, either party may request the commission to appoint an impartial and disinterested person to act as mediator. It is the function of the mediator to bring the parties together to effectuate a settlement of the dispute, but the mediator shall not compel the parties to agree.
[ 2007 c 160 s 2; 2006 c 164 s 8; 1983 c 15 s 12.]
Notes:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

catchline: Mediation.


title: RCW 47.64.230

text:
By mutual agreement, the parties may waive mediation and proceed with binding arbitration as provided for in the impasse procedures agreed to under RCW 47.64.200 or in 47.64.300 through 47.64.320, as applicable. The waiver shall be in writing and be signed by the representatives of the parties. Regardless of the status of mediation, the parties must comply with the interest arbitration agreement under RCW 47.64.170(6)(a), absent any subsequent agreement to the contrary.
[ 2007 c 160 s 3; 2006 c 164 s 11; 1983 c 15 s 14.]
Notes:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

catchline: Waiver of mediation.


title: RCW 47.64.250

text:
(1) Any ferry employee organization and the department of transportation may sue or be sued as an entity under this chapter. Service upon any party shall be in accordance with law or the rules of civil procedure. Nothing in this chapter may be construed to make any individual or his or her assets liable for any judgment against the department of transportation or a ferry employee organization if the individual was acting in his or her official capacity.
(2) Any legal action by any ferry employee organization or the department of transportation under this chapter shall be filed in Thurston county superior court within ten days of when the cause of action arose. The court shall consider those actions on a priority basis and determine the merits of the actions within thirty days of filing.
[ 2010 c 8 s 10022; 1983 c 15 s 16.]

catchline: Legal actions.


title: RCW 47.64.260

text:
Any notice required under this chapter shall be in writing, but service thereof is sufficient if mailed by certified mail, return receipt requested, addressed to the last known address of the parties, or sent by electronic facsimile transmission with transaction report verification and same-day United States postal service mailing of copies or service as specified in Title 316 WAC, unless otherwise provided in this chapter. Refusal of certified mail by any party shall be considered service. Prescribed time periods commence from the date of the receipt of the notice. Any party may at any time execute and deliver an acceptance of service in lieu of mailed notice.
[ 2001 c 19 s 1; 1983 c 15 s 17.]

catchline: Notice and service.


title: RCW 47.64.270

text:
(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 2013-2015 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.
[ 2013 c 306 s 522; 2011 c 367 s 713; 2010 c 283 s 13; 2006 c 164 s 17; 1995 1st sp.s. c 6 s 6; 1993 c 492 s 224; 1988 c 107 s 21; 1987 c 78 s 2; 1983 c 15 s 18.]
Notes:
Effective date—2013 c 306: See note following RCW 47.64.170.
Effective date—2011 c 367: See note following RCW 46.68.060.
Findings—Intent—Effective date—2010 c 283: See notes following RCW 47.60.355.
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.
Effective date—1995 1st sp.s. c 6: See note following RCW 28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Intent—1987 c 78: "The legislature finds that the provisions of RCW 47.64.270 have been subject to misinterpretation. The objective of this act is to clarify the intent of RCW 47.64.270 as originally enacted." [ 1987 c 78 s 1.]
Effective date—1987 c 78: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 78 s 3.]

catchline: Insurance and health care.


title: RCW 47.64.290

text:
Notwithstanding any other provisions of this chapter, toll bridge employees of the marine transportation division are subject to chapter 41.06 RCW.
[ 1984 c 48 s 2.]

catchline: Toll bridge employees subject to civil service.


title: RCW 47.64.300

text:
(1) If an agreement has not been reached following a reasonable period of negotiations and, when applicable, mediation, upon the recommendation of the assigned mediator that the parties remain at impasse or, with respect to biennial bargaining, in compliance with the interest arbitration agreement under RCW 47.64.170(6)(a), all impasse items shall be submitted to arbitration under this section. The issues for arbitration shall be limited to the issues certified by the executive director.
(2) The parties may agree to submit the dispute to a single arbitrator, whose authority and duties shall be the same as those of an arbitration panel. If the parties cannot agree on the arbitrator within five working days, the selection shall be made under subsection (3) of this section, except with respect to biennial bargaining described under RCW 47.64.170(6). The full costs of arbitration under this section shall be shared equally by the parties to the dispute.
(3) Within seven days following the issuance of the determination of the executive director, each party shall, absent an agreement to the contrary, name one person to serve as its arbitrator on the arbitration panel. Except with respect to biennial bargaining described under RCW 47.64.170(6), the two members so appointed shall meet within seven days following the appointment of the later appointed member to attempt to choose a third member to act as the neutral chair of the arbitration panel. Upon the failure of the arbitrators to select a neutral chair within seven days, either party may apply to the federal mediation and conciliation service, or, with the consent of the parties, the American arbitration association to provide a list of five qualified arbitrators from which the neutral chair shall be chosen. Each party shall pay the fees and expenses of its arbitrator, and the fees and expenses of the neutral chair shall be shared equally between the parties.
(4) In consultation with the parties, the arbitrator or arbitration panel shall promptly establish a date, time, and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute. The parties shall exchange final positions in writing, with copies to the arbitrator or arbitration panel, with respect to every issue to be arbitrated, on a date mutually agreed upon, but in no event later than ten working days before the date set for hearing. A hearing, which shall be informal, shall be held, and each party shall have the opportunity to present evidence and make argument. No member of the arbitration panel may present the case for a party to the proceedings. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chair of the arbitration panel may be received in evidence. A recording of the proceedings shall be taken. The arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the panel to be material to a just determination of the issues in dispute. If any person refuses to obey a subpoena issued by the arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitration panel may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof.
(5) The neutral chair shall consult with the other members of the arbitration panel, if a panel has been created. Within thirty days following the conclusion of the hearing, or sooner as the October 1st deadline set forth in RCW 47.64.170 (6)(c) and (7) necessitates, the neutral chair shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented. A copy thereof shall be served on each of the other members of the arbitration panel, and on each of the parties to the dispute. That determination is final and binding upon both parties, subject to review by the superior court upon the application of either party solely upon the question of whether the decision of the panel was arbitrary or capricious.
[ 2011 1st sp.s. c 16 s 21; 2007 c 160 s 4; 2006 c 164 s 12.]
Notes:
Effective date—2011 1st sp.s. c 16 ss 16-25: See note following RCW 41.58.060.
Transfer of powers, duties, and functions—2011 1st sp.s. c 16: See note following RCW 41.58.060.
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

catchline: Interest arbitration—Procedures.


title: RCW 47.64.310

text:
An interest arbitration proceeding under RCW 47.64.300 exercises a state function and is, for the purposes of this chapter, functioning as a state agency. Chapter 34.05 RCW does not apply to an interest arbitration proceeding under this chapter.
[ 2006 c 164 s 13.]
Notes:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

catchline: Interest arbitration—Function.


title: RCW 47.64.320

text:
(1) The mediator, arbitrator, or arbitration panel may consider only matters that are subject to bargaining under this chapter, except that health care benefits are not subject to interest arbitration.
(2) The decision of an arbitrator or arbitration panel is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to compensation and fringe benefit provisions of an arbitrated collective bargaining agreement, is not binding on the state, the department of transportation, or the ferry employee organization.
(3) In making its determination, the arbitrator or arbitration panel shall be mindful of the legislative purpose under RCW 47.64.005 and 47.64.006 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:
(a) The financial ability of the department to pay for the compensation and fringe benefit provisions of a collective bargaining agreement;
(b) Past collective bargaining contracts between the parties including the bargaining that led up to the contracts;
(c) The constitutional and statutory authority of the employer;
(d) Stipulations of the parties;
(e) The results of the salary survey as required in RCW 47.64.170(8);
(f) Comparison of wages, hours, employee benefits, and conditions of employment of the involved ferry employees with the appropriate public and private sector employees in the described geographical areas, as specified under RCW 47.64.170(8)(b) (i) through (v);
(g) Changes in any of the foregoing circumstances during the pendency of the proceedings;
(h) The limitations on ferry toll increases and operating subsidies as may be imposed by the legislature;
(i) The ability of the state to retain ferry employees;
(j) The overall compensation presently received by the ferry employees, including direct wage compensation, vacations, holidays and other paid excused time, pensions, insurance benefits, and all other direct or indirect monetary benefits received; and
(k) Other factors that are normally or traditionally taken into consideration in the determination of matters that are subject to bargaining under this chapter.
(4) This section applies to any matter before the respective mediator, arbitrator, or arbitration panel.
[ 2025 c 296 s 3; 2010 c 283 s 15; 2006 c 164 s 14.]
Notes:
Findings—Intent—Effective date—2010 c 283: See notes following RCW 47.60.355.
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

catchline: Parties not bound by arbitration—Arbitration factors.


title: RCW 47.64.330

text:
Collective bargaining under chapter 164, Laws of 2006 may not be for the purposes of making a collective bargaining agreement take effect before July 1, 2007. No party may engage in collective bargaining under chapter 164, Laws of 2006 to amend a collective bargaining agreement in effect on March 21, 2006. A collective bargaining agreement or amendment thereto entered into under chapter 164, Laws of 2006 shall not be effective before July 1, 2007, and may not have any retroactive effect.
[ 2006 c 164 s 15.]
Notes:
Prospective application—Savings—Effective dates—2006 c 164: See notes following RCW 47.64.011.

catchline: Collective bargaining limitations.


title: RCW 47.64.340

text:
(1) The captain of a Washington state ferry vessel, also known as the master of a vessel or the commanding officer, is the ultimate authority on, and has responsibility for, the entire vessel and its Washington state ferries personnel while it is under their command. The captain's responsibilities include, but are not limited to:
(a) Ensuring the safe navigation of the vessel and its crew and passengers;
(b) Following all applicable international, federal, and state laws and regulations, and agency policies;
(c) Directing crew in performance, operations, training, security, and environmental protection;
(d) Overseeing all aspects of vessel operations;
(e) Ensuring that the vessel operations and its Washington state ferries personnel satisfy performance expectations set forth by the department; and
(f) Coordinating vessel arrivals and departures, as well as all other vessel operations while the vessel is in their command.
(2) By August 31, 2025, if a majority of the captains in the masters and pilots bargaining unit indicate by vote that they desire to be included in the combined masters, mates, and pilots bargaining unit, the public employees relations commission shall certify a combined masters, mates, and pilots bargaining unit, to be effective July 1, 2026.
(3) Beginning with negotiations covering the 2027-2029 biennium, if the condition described in subsection (2) of this section is satisfied, then the employer and the exclusive bargaining representative of the masters, mates, and pilots bargaining unit must negotiate collective bargaining agreements that are consistent with this section. Otherwise, the employer and the exclusive bargaining representative of the captains-only bargaining unit must negotiate collective bargaining agreements that are consistent with this section.
[ 2025 c 24 s 1; 2011 1st sp.s. c 16 s 8.]
Notes:
Effective date—2011 1st sp.s. c 16 ss 1-15: See note following RCW 47.60.530.

catchline: Ferry vessel captains—Authority, responsibilities—Collective bargaining.


title: RCW 47.64.350

text:
For the purposes of this section and *sections 10 through 15 of this act:
(1) "Management" means an employee at the Washington state ferries who is part of Washington management services or is exempt.
(2) "Performance measure" means measurable standards to be used by the department to evaluate the sufficiency of the services being provided to ferry riders.
(3) "Performance report" means a report that summarizes ferry system performance using the performance measures identified in RCW 47.64.355 and *section 11 of this act.
(4) "Performance target" means the desired outcome of a performance measure.
[ 2011 1st sp.s. c 16 s 9.]
Notes:
*Reviser's note: Sections 10 and 12 of this act were codified as RCW 47.64.355 and 47.64.360, respectively. Sections 11, 13, 14, and 15 of this act were vetoed by the governor.
Effective date—2011 1st sp.s. c 16 ss 1-15: See note following RCW 47.60.530.

catchline: Ferry system performance measures and targets—Definitions.


title: RCW 47.64.355

text:
Performance targets must be established by an ad hoc committee with members from and designated by the office of the governor, which must include at least one member from labor. The committee may not consist of more than eleven members. By December 31, 2011, the committee shall present performance targets to the representatives of the legislative transportation committees and the joint transportation committee for review of the performance measures listed under this section. The committee may also develop performance measures in addition to the following:
(1) Safety performance as measured by passenger injuries per one million passenger miles and by injuries per ten thousand revenue service hours that are recordable by standards of the federal occupational safety and health administration and related to standard operating procedures;
(2) Service effectiveness measures including, but not limited to, passenger satisfaction of interactions with ferry employees, cleanliness and comfort of vessels and terminals, and satisfactory response to requests for assistance. Passenger satisfaction must be measured by an evaluation that is created by a contracted market research company and conducted by the Washington state transportation commission as part of the ferry riders' opinion group survey. The Washington state transportation commission shall, to the extent possible, integrate the passenger satisfaction evaluation into the ferry user data survey described in RCW 47.60.286;
(3) Cost-containment measures including, but not limited to, operating cost per passenger mile, operating cost per revenue service mile, discretionary overtime as a percentage of straight time, and gallons of fuel consumed per revenue service mile; and
(4) Maintenance and capital program effectiveness measures including, but not limited to: Project delivery rate as measured by the number of projects completed on time and within the omnibus transportation appropriations act; vessel and terminal design and engineering costs as measured by a percentage of the total capital program, including measurement of the ongoing operating and maintenance costs; and total vessel out-of-service time.
The ad hoc committee described in subsection (1) of this section expires December 31, 2011.
[ 2011 1st sp.s. c 16 s 10.]
Notes:
Effective date—2011 1st sp.s. c 16 ss 1-15: See note following RCW 47.60.530.

catchline: Ferry system performance measures and targets—Ad hoc committee.


title: RCW 47.64.360

text:
(1) The department of transportation shall complete a government management and accountability performance report that provides a baseline assessment of current performance on the performance measures identified in RCW 47.64.355 using final 2009-2011 data. This report must be presented to the legislature by November 1, 2011, through the attainment report required in RCW 47.04.285 and 47.04.280.
(2) By December 31, 2012, and each year thereafter, the department of transportation shall complete a performance report for the prior fiscal year. This report must be reviewed by the office of financial management, which must provide comment on the report, and the joint transportation committee, prior to submitting the report to the legislature and governor.
(3) Management shall lead implementation of the performance measures in RCW 47.64.355.
[ 2016 c 35 s 4; 2015 3rd sp.s. c 1 s 306; 2011 1st sp.s. c 16 s 12.]
Notes:
Effective date—2011 1st sp.s. c 16 ss 1-15: See note following RCW 47.60.530.

catchline: Ferry system performance measures and targets—Reports.


title: RCW 47.64.370

text:
The privilege established by RCW 5.60.060(11) shall apply to all collective bargaining representatives covered by this chapter and in all proceedings authorized by this chapter.
[ 2023 c 202 s 8.]
Notes:
Findings—2023 c 202: See note following RCW 5.60.060.

catchline: Certain communications—Privilege from examination and disclosure.


title: RCW 47.64.900

text:
Section captions used in this act constitute no part of the law.
[ 1983 c 15 s 29.]

catchline: Section captions not part of law—1983 c 15.


title: RCW 47.66.010

text:
There is significant state interest in assuring that viable multimodal transportation programs are available throughout the state. The legislature recognizes the need to create a mechanism to fund multimodal transportation programs and projects. The legislature further recognizes the complexities associated with current funding mechanisms and seeks to create a process that would allow for all transportation programs and projects to compete for limited resources.
[ 1993 c 393 s 3.]

catchline: Legislative declaration.


title: RCW 47.66.030

text:
(1)(a) The department shall establish a regional mobility grant program. The purpose of the grant program is to aid local governments in funding projects such as intercounty connectivity service, park and ride lots, rush hour transit service, and capital projects that improve the connectivity and efficiency of our transportation system. The department shall identify cost-effective projects that reduce delay for people and goods and improve connectivity between counties and regional population centers. The department shall submit a prioritized list of all projects requesting funding to the legislature by December 1st of each year.
(b) Once the department has a prioritized list, pursuant to (a) of this subsection and RCW 47.66.040, of all projects requesting funding, the department shall reprioritize the projects in counties with a population of seven hundred thousand or more that border Puget Sound based on the same criteria used for the prioritized list as well as the additional criteria of coordination and integration. After this reprioritization, the department shall integrate these reprioritized projects with the prioritized projects from all other counties while ensuring that the prioritized projects from all other counties do not move to a lower relative position on this integrated list or, if a prioritized project from all other counties is in the funded portion of the prioritized list, out of the funded portion of this integrated list.
(2) The department may establish an advisory committee to carry out the mandates of this chapter.
(3) The department must report annually to the transportation committees of the legislature on the status of any grants projects funded by the program created under this section.
[ 2015 3rd sp.s. c 11 s 3; 2005 c 318 s 4; 1996 c 49 s 3; 1995 c 269 s 2604; 1993 c 393 s 5.]
Notes:
Effective date—Intent—2015 3rd sp.s. c 11: See notes following RCW 35.58.2796.
Findings—Intent—2005 c 318: See note following RCW 47.01.330.
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Regional mobility grants.


title: RCW 47.66.040

text:
(1) The department shall select projects based on a competitive process. The competition shall be consistent with the following criteria:
(a) Local, regional, and state transportation plans;
(b) Local transit development plans; and
(c) Local comprehensive land use plans.
(2) The following criteria shall be considered by the department in selecting programs and projects:
(a) Objectives of the growth management act, the high capacity transportation act, the commute trip reduction act, transportation demand management programs, federal and state air quality requirements, and federal Americans with Disabilities Act and related state accessibility requirements; and
(b) Enhancing the efficiency of regional corridors in moving people among jurisdictions and modes of transportation, energy efficiency issues, reducing delay for people and goods, freight and goods movement as related to economic development, regional significance, rural isolation, the leveraging of other funds, and safety and security issues.
(3) The department shall determine the appropriate level of local match required for each project based on the source of funds.
[ 2005 c 318 s 5; 1995 c 269 s 2606; 1993 c 393 s 6.]
Notes:
Findings—Intent—2005 c 318: See note following RCW 47.01.330.
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Selection process—Local matching funds.


title: RCW 47.66.070

text:
The multimodal transportation 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 transportation purposes. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the multimodal transportation account to the general fund.
[ 2025 c 416 s 721; 2000 2nd sp.s. c 4 s 2.]
Notes:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2000 2nd sp.s. c 4 ss 1-3, 20: See note following RCW 82.08.020.

catchline: Multimodal transportation account.


title: RCW 47.66.080

text:
Beginning in 2005, and every other year thereafter, the department shall examine the division's existing grant programs, and the methods used to allocate grant funds, to determine the program's effectiveness, and whether the methods used to allocate funds result in an equitable distribution of the grants. The department shall submit a report of the findings to the transportation committees of the legislature.
[ 2005 c 318 s 6.]
Notes:
Findings—Intent—2005 c 318: See note following RCW 47.01.330.

catchline: Grant programs examination.


title: RCW 47.66.100

text:
(1) The department shall establish a rural mobility grant program. The purpose of the grant program is to aid small cities and rural areas, as identified in the "Summary of Public Transportation - 2008" published by the department or subsequent versions published by the department.
(a) Fifty percent of the money appropriated for the rural mobility grant program must go to noncompetitive grants that must be distributed to the transit systems serving small cities and rural areas in a manner similar to past disparity equalization programs.
(b) Fifty percent of the money appropriated for the rural mobility grant program must go to competitive grants to providers of rural mobility service in areas not served or underserved by transit agencies.
(2) The department may establish an advisory committee to carry out the mandates of this section.
(3) The department must report annually to the transportation committees of the legislature on the status of any grants projects funded by the program created under this section.
(4) During the 2011-2013 fiscal biennium, the department shall, with money appropriated for the competitive grants program under subsection (1)(b) of this section, implement a pilot project to provide agricultural workers with enhanced transit opportunities through the establishment of one or more vanpool programs. The pilot project must, at a minimum, provide appropriate vehicles, insurance, and maintenance, and may charge an appropriate fee, as determined by the department, to the riders in a vanpool.
[ 2011 c 272 s 2.]

catchline: Rural mobility grant program.


title: RCW 47.66.120

text:
(1)(a) The department's public transportation division shall establish a green transportation capital grant program. The purpose of the grant program is to aid any transit authority in funding cost-effective capital projects to reduce the carbon intensity of the Washington transportation system, examples of which include: Electrification of vehicle fleets, including battery and fuel cell electric vehicles; modification or replacement of capital facilities in order to facilitate fleet electrification and/or hydrogen refueling; necessary upgrades to electrical transmission and distribution systems; and construction of charging and fueling stations. The department's public transportation division shall identify projects and shall submit a prioritized list of all projects requesting funding to the legislature by December 1st of each even-numbered year.
(b) The department's public transportation division shall select projects based on a competitive process that considers the following criteria:
(i) The cost-effectiveness of the reductions in carbon emissions provided by the project; and
(ii) The benefit provided to transitioning the entire state to a transportation system with lower carbon intensity.
(c) During the 2023-2025 and 2025-2027 fiscal biennia, the department must incorporate principles into the grant selection process with the goal of increasing the distribution of funding to communities based on addressing environmental harms and providing environmental benefits for overburdened communities, as defined in RCW 70A.02.010, and vulnerable populations.
(2) The department's public transportation division must establish an advisory committee to assist in identifying projects under subsection (1) of this section. The advisory committee must include representatives from the department of ecology, the department of commerce, the utilities and transportation commission, and at least one transit authority.
(3) In order to receive green transportation capital grant program funding for a project, a transit authority must provide matching funding at the level deemed appropriate by the department.
(4) The department's public transportation division must report annually to the transportation committees of the legislature on the status of any grant projects funded by the program created under this section.
(5) For purposes of this section, "transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county public transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, a regional transit authority under chapter 81.112 RCW, or any special purpose district formed to operate a public transportation system.
(6) During the 2021-2023 fiscal biennium, the department may provide up to 20 percent of the total green transportation capital grant program funding for zero emissions capital transition planning projects. During the 2023-2025 fiscal biennium, the department may provide up to 10 percent of the total green transportation capital grant program funding for zero emissions capital transition planning projects. During the 2025-2027 fiscal biennium, the department may provide up to five percent of the total green transportation capital grant program funding for zero emissions capital transition planning projects.
[ 2025 c 416 s 717; 2024 c 104 s 1; 2023 c 472 s 717; 2022 c 182 s 439; 2021 c 333 s 721; 2019 c 287 s 18.]
Notes:
Effective date—2025 c 416: See note following RCW 36.79.020.
Effective date—2023 c 472: See note following RCW 43.19.642.
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2021 c 333: See note following RCW 43.19.642.
Effective date—2019 c 287 ss 1-7, 12, and 14-23: See note following RCW 28B.30.903.
Findings—Intent—2019 c 287: See note following RCW 28B.30.903.

catchline: Green transportation capital grant program.


title: RCW 47.66.130

text:
(1) The department shall establish a bus and bus facilities grant program. The purpose of this competitive grant program is to provide grants to any transit authority for the replacement, expansion, rehabilitation, and purchase of transit rolling stock; construction, modification, or rehabilitation of transit facilities; safety or security enhancements for transit rolling stock or transit facilities; and funding to adapt to technological change or innovation through the retrofitting of transit rolling stock and facilities.
(2)(a) The department must incorporate environmental justice principles into the grant selection process, with the goal of increasing the distribution of funding to communities based on addressing environmental harms and provide environmental benefits for overburdened communities, as defined in RCW 70A.02.010, and vulnerable populations.
(b) The department must incorporate geographic diversity into the grant selection process.
(c) No grantee may receive more than 35 percent of the amount appropriated for the grant program in a particular biennium.
(d) Fuel type may not be a factor in the grant selection process.
(e) Grant funds may not be used for any expenses relating to armed security.
(3) The department must establish an advisory committee to carry out the mandates of this section, including assisting with the establishment of grant criteria.
(4) The department must report annually to the transportation committees of the legislature on the status of any grant projects funded by the program created under this section.
(5) For the purposes of this section:
(a) "Transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county public transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, or any special purpose district formed to operate a public transportation system.
(b) "Transit rolling stock" means transit vehicles including, but not limited to, buses, ferries, and vans.
[ 2026 c 255 s 801; 2022 c 182 s 416.]
Notes:
Intent—2026 c 255: See note following RCW 82.08.020.
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.

catchline: Bus and bus facilities grant program.


title: RCW 47.66.140

text:
(1) The department shall establish a transit support grant program for the purpose of providing financial support to transit agencies for operating and capital expenses only. Public transit agencies must maintain or increase their local sales tax authority on or after January 1, 2022, and may not delay or suspend the collection of voter-approved sales taxes that were approved on or before January 1, 2022, in order to qualify for the grants.
(a) Grants for transit agencies must be prorated based on the amount expended for operations in the most recently published report of "Summary of Public Transportation" published by the department.
(b) No transit agency may receive more than 35 percent of these distributions.
(c) Fuel type may not be a factor in the grant selection process.
(2) To be eligible to receive a grant, the transit agency must have adopted, at a minimum, a zero-fare policy that allows passengers 18 years of age and younger to ride free of charge on all modes provided by the agency. Transit agencies must submit documentation of a zero-fare policy for 18 years of age and under by October 1, 2022, to be eligible for the 2023-2025 biennium. Transit agencies that submit such fare policy documentation following the October 1, 2022, deadline shall become eligible for the next biennial distribution. To the extent practicable, transit agencies shall align implementation of youth zero-fare policies with equity and environmental justice principles consistent with recommendations from the environmental justice council, and ensure low-barrier accessibility of the program to all youth.
(3) The department shall, for the purposes of the "Summary of Public Transportation" report, require grantees to report the number of trips that were taken under this program.
(4) For the purposes of this section, "transit agency" or "agency" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county public transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, or any special purpose district formed to operate a public transportation system.
[ 2023 c 431 s 12; 2022 c 182 s 422.]
Notes:
Intent—2023 c 431: See note following RCW 46.17.015.
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.

catchline: Transit support grant program.


title: RCW 47.66.150

text:
(1) The department shall establish a paratransit and special needs grant program to sustain and expand transit service to people with disabilities.
(2) Of the amounts appropriated to the program, 23 percent shall be 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.
(3) The remaining 77 percent of amounts appropriated to the program shall be provided solely for grants to transit agencies to support persons with special transportation needs. To receive a grant, the transit agency must, to the greatest extent practicable, have a maintenance of effort for special needs transportation, in the latest calendar year for which the department publishes data in the most recent "Summary of Public Transportation" report, that is no less than the previous year's maintenance of effort for special needs transportation as shown in the report. Grants for transit agencies must be prorated based on the amount expended for demand response service and route deviated service for the latest calendar year as published in the most recent "Summary of Public Transportation" report. No transit agency shall receive more than 30 percent of the distribution.
[ 2023 c 447 s 1.]

catchline: Paratransit and special needs grant program.


title: RCW 47.66.160

text:
(1) The department shall establish a public transit ride share program. The grant program shall provide resources for:
(a) Public transit agencies to add or replace ride share vehicles; and
(b) Incentives and outreach to increase ride share use.
(2) The grant program for public transit agencies may cover capital costs only and costs for operating vanpools at public transit agencies are not eligible for funding. Awards from the grant shall not be used to supplant transit funds currently funding ride share programs, nor be used to hire additional employees.
[ 2023 c 447 s 2.]

catchline: Public transit ride share program.


title: RCW 47.66.170

text:
Any public transportation benefit area established under chapter 36.57A RCW that is not fully in compliance with the requirements of RCW 36.57A.050 by October 1, 2025, may not receive awards for any state grant program available under this chapter.
[ 2025 c 417 s 1002.]
Notes:
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

catchline: Public transportation benefit area grant program eligibility.


title: RCW 47.66.900

text:
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 shall take effect immediately [May 15, 1993].
[ 1993 c 393 s 10.]

catchline: Effective date—1993 c 393.


title: RCW 47.68.010

text:
It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection and promotion of safety in aeronautics; by cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations; by granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within such jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of this state and others engaged in aeronautics, and encourage and develop aeronautics; by establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.
[ 1947 c 165 s 2; Rem. Supp. 1947 s 10964-82. Formerly RCW 14.04.010.]

catchline: Statement of policy.


title: RCW 47.68.015

text:
Unless the language specifically indicates otherwise, or unless the context plainly requires a different interpretation:
Wherever in any provision in the Revised Code of Washington the term "Washington state aeronautics commission", "the state aeronautics commission", "the aeronautics commission of the state", "the aeronautics commission", or "the commission" (when referring to the Washington state aeronautics commission) is used, it shall mean the department of transportation created in RCW 47.01.031.
Wherever in any provision in the Revised Code of Washington the term "state director of aeronautics", "director of aeronautics", or "director" (when referring to the state director of aeronautics) is used, it shall mean the secretary of transportation whose office is created in RCW 47.01.041.
[ 1977 ex.s. c 151 s 22.]

catchline: Change of meaning, certain terms.


title: RCW 47.68.020

text:
As used in this chapter, unless the context clearly indicates otherwise:
(1) "Aeronautics" means the science and art of flight and including, but not limited to, transportation by aircraft; the operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or air navigation facilities; and instruction in flying or ground subjects pertaining thereto.
(2) "Aeronautics instructor" means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics, but excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, while in the performance of his or her duties at such school, university, or institution.
(3) "Air navigation facility" means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
(4) "Air school" means any person who advertises, represents, or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward; but excludes any public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work.
(5) "Aircraft" means a piloted or unmanned contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.
(6) "Airman or airwoman" means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, airframes, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher or air-traffic control tower operator; but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, airframes, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by the person.
(7) "Airport" means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or right-of-way, together with all airport buildings and facilities located thereon.
(8) "Airport hazard" means any structure, object of natural growth, or use of land, which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.
(9) "Airport sponsor" means any public agency or private entity owning or leasing a public use airport.
(10) "Aviation division" means the aeronautics division of the department.
(11) "Commercial" means an aircraft, piloted or unpiloted, not used exclusively for hobby or recreation.
(12) "Department" means the state department of transportation.
(13) "Municipal" means pertaining to a municipality, and "municipality" means any county, city, town, authority, district, or other political subdivision or public corporation of this state.
(14) "Operation of aircraft" or "operate aircraft" means the use, navigation, or piloting of aircraft in the airspace over this state or upon any airport within this state.
(15) "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.
(16) "Public agency" means any state, political subdivision of a state, tax-supported organization, or Indian tribe.
(17) "Public use airport" means any airport that is used for public, governmental, county, or municipal purposes for matters of public necessity.
(18) "Secretary" means the state secretary of transportation.
(19) "State" or "this state" means the state of Washington.
(20) "State airway" means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation.
(21) "Unpiloted aircraft system" means an aircraft operated without the possibility of direct human intervention from within or on the aircraft and is synonymous with the term "unmanned aircraft system". An unpiloted aircraft system must meet the same criteria and standards established by the federal aviation administration for an unmanned aircraft system.
[ 2021 c 175 s 11; 2021 c 131 s 4; 1993 c 208 s 4; 1984 c 7 s 342; 1947 c 165 s 1; Rem. Supp. 1947 s 10964-81. Formerly RCW 14.04.020.]
Notes:
Reviser's note: (1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
(2) This section was amended by 2021 c 131 s 4 and by 2021 c 175 s 11, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.
Effective date—2021 c 131: See note following RCW 47.68.420.

catchline: Definitions.


title: RCW 47.68.060

text:
Suitable offices and office equipment shall be provided by the state for the aeronautics division of the department of transportation in a city in the state that it may designate, and the department may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter.
[ 1984 c 7 s 343; 1947 c 165 s 6; Rem. Supp. 1947 s 10964-86. Formerly RCW 14.04.060.]

catchline: Offices.


title: RCW 47.68.070

text:
The department has general supervision over aeronautics within this state. It is empowered and directed to encourage, foster, and assist in the development of aeronautics in this state and to encourage the establishment of airports and air navigation facilities. It shall cooperate with and assist the federal government, the municipalities of this state, and other persons in the development of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies and persons. Municipalities are authorized to cooperate with the department in the development of aeronautics and aeronautical facilities in this state.
[ 1984 c 7 s 344; 1947 c 165 s 7; Rem. Supp. 1947 s 10964-87. Formerly RCW 14.04.070.]

catchline: General powers.


title: RCW 47.68.080

text:
The department may draft and recommend necessary legislation to advance the interests of the state in aeronautics, represent the state in aeronautical matters before federal agencies and other state agencies, and participate as party plaintiff or defendant or as intervener on behalf of the state or any municipality or citizen thereof in any controversy which involves the interest of the state in aeronautics.
[ 1984 c 7 s 345; 1947 c 165 s 8; 1945 c 252 s 5; Rem. Supp. 1947 s 10964-88. Formerly RCW 14.04.080.]

catchline: Drafts of legislation, other duties.


title: RCW 47.68.090

text:
(1) The department of transportation may make available its engineering and other technical services, with or without charge, to any municipality or person desiring them in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or air navigation facilities.
(2)(a) The department may render financial assistance by grant or loan, or both, to the following entities out of appropriations made by the legislature for the following purposes:
(i) Any municipality or municipalities acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities;
(ii) Any Indian tribe recognized as such by the federal government or such tribes acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such tribe or tribes, and to be held available for the general use of the public; or
(iii) Any person or persons acting jointly in the planning, acquisition, construction, improvement, maintenance, or operation of an airport, owned or controlled, or to be owned or controlled by such person or persons, and to be held available for the general use of the public.
(b) Such financial assistance may be furnished in connection with federal or other financial aid for the same purposes: PROVIDED, That no grant or loan, or both, shall be in excess of $750,000 for any one project: PROVIDED FURTHER, That no grant or loan, or both, shall be granted unless the municipality or municipalities acting jointly, the tribe or tribes acting jointly, or the person or persons acting jointly shall from their own funds match any funds made available by the department upon such ratio as the department may prescribe.
(c) The requirements of (b) of this subsection do not apply for projects when directed to do so by the legislature during the 2023-2025 fiscal biennium in an omnibus transportation appropriations act.
(d) The department must establish, by rule, criteria for administering financial assistance to any entity.
(3) The department is authorized to act as agent of any municipality or municipalities acting jointly, any tribe or tribes acting jointly, or any person or persons acting jointly upon the request of such municipality or municipalities, tribe or tribes, or person or persons in accepting, receiving, receipting for, and disbursing federal moneys, and other moneys public or private, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, or operation of an airport or air navigation facility; and if requested by such municipality or municipalities, tribe or tribes, or person or persons, may act as its or their agent in contracting for and supervising such planning, acquisition, construction, improvement, maintenance, or operation; and all municipalities, tribes, and persons are authorized to designate the department as their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality on its own behalf, may enter into any contracts, with each other or with the United States or with any person, which may be required in connection with a grant or loan of federal moneys for airport or air navigation facility purposes. All federal moneys accepted under this section shall be accepted and transferred or expended by the department upon such terms and conditions as are prescribed by the United States. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the same were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available: PROVIDED, That any landing fee or charge imposed by any Indian tribe or tribes for the privilege of use of an airport facility planned, acquired, constructed, improved, maintained, or operated with financial assistance from the department pursuant to this section must apply equally to tribal and nontribal members: PROVIDED FURTHER, That in the event any municipality or municipalities, Indian tribe or tribes, or person or persons, or any distributor of aircraft fuel as defined by RCW 82.42.010 which operates in any airport facility which has received financial assistance pursuant to this section, fails to collect the aircraft fuel excise tax as specified in chapter 82.42 RCW, all funds or value of technical assistance given or paid to such municipality or municipalities, Indian tribe or tribes, or person or persons under the provisions of this section shall revert to the department, and shall be due and payable to the department immediately.
[ 2024 c 310 s 607; 2017 c 48 s 2; 2011 c 51 s 1; 2009 c 470 s 718; 1980 c 67 s 1; 1975 1st ex.s. c 161 s 1; 1947 c 165 s 9; Rem. Supp. 1947 s 10964-89. Formerly RCW 14.04.090.]
Notes:
Effective date—2024 c 310: See note following RCW 14.40.020.
Finding—2017 c 48: "The legislature finds that the Washington state department of transportation airport investment study identified total statewide airport preservation and capital needs and included a list of recommended changes. One of the recommendations is to increase the maximum amount authorized by the airport aid program per grant to airports. This change can help smaller airports use the state grant to match federal funding." [ 2017 c 48 s 1.]
Effective date—2009 c 470: See note following RCW 46.68.170.
Distributor of aircraft fuel defined: RCW 82.42.010.

catchline: Aid to municipalities, Indian tribes, persons—Federal aid.


title: RCW 47.68.100

text:
The department is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for such purposes, to plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports, air navigation facilities, and air markers and/or air marking systems, either within or without the state, including the construction, installation, equipment, maintenance, and operation at the airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. For such purposes the department may by purchase, gift, devise, lease, condemnation, or otherwise, acquire property, real or personal, or any interest therein, including easements or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or to permit the removal, elimination, marking, or lighting of obstructions or airport hazards, or to prevent the establishment of airport hazards. In like manner the department may acquire existing airports and air navigation facilities. However, it shall not acquire or take over any airport or air navigation facility owned or controlled by a municipality of this or any other state without the consent of the municipality. The department may by sale, lease, or otherwise, dispose of any property, airport, air navigation facility, or portion thereof or interest therein. The disposal by sale, lease, or otherwise shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected in such manner and upon such terms as the department deems in the best interest of the state. The department may exercise any powers granted by this section jointly with any municipalities, agencies, or departments of the state government, with other states or their municipalities, or with the United States.
[ 1984 c 7 s 346; 1947 c 165 s 10; Rem. Supp. 1947 s 10964-90. Formerly RCW 14.04.100.]

catchline: Acquisition and disposal of airports, facilities, etc.


title: RCW 47.68.110

text:
Nothing contained in this chapter shall be construed to limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning.
[ 1947 c 165 s 11; Rem. Supp. 1947 s 10964-91. Formerly RCW 14.04.110.]
Notes:
Planning commissions: Chapter 35.63 RCW.

catchline: Zoning powers not interfered with.


title: RCW 47.68.120

text:
In the condemnation of property authorized by this chapter, the department shall proceed in the name of the state in the manner that property is acquired by the department for public uses.
[ 1984 c 7 s 347; 1947 c 165 s 12; Rem. Supp. 1947 s 10964-92. Formerly RCW 14.04.120.]
Notes:
Acquisition of highway property: Chapter 47.12 RCW.
Eminent domain by state: Chapter 8.04 RCW.

catchline: Condemnation, how exercised.


title: RCW 47.68.130

text:
In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and other arrangements for a term not exceeding twenty-five years with any persons. The department may grant the privilege of using or improving the airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes, confer the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility, or make available services to be furnished by the department or its agents at the airport or air navigation facility. In each case the department may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the cost of operation to the state. In no case shall the public be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or portion or facility thereof.
[ 1984 c 7 s 348; 1947 c 165 s 13; Rem. Supp. 1947 s 10964-93. Formerly RCW 14.04.130.]

catchline: Contracts or leases of facilities in operating airports.


title: RCW 47.68.140

text:
The department may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed twenty-five years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state: PROVIDED, That no such person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the department might not have undertaken under RCW 47.68.130.
[ 1983 c 3 s 141; 1947 c 165 s 14; Rem. Supp. 1947 s 10964-94. Formerly RCW 14.04.140.]

catchline: Lease of airports.


title: RCW 47.68.150

text:
To enforce the payment of any charges for repairs to, improvements, storage, or care of any personal property made or furnished by the department or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on such property, which shall be enforceable by the department as provided by law.
[ 1984 c 7 s 349; 1947 c 165 s 15; Rem. Supp. 1947 s 10964-95. Formerly RCW 14.04.150.]

catchline: Lien for state's charges.


title: RCW 47.68.160

text:
The department is authorized to accept, receive, receipt for, disburse, and expend federal moneys, and other moneys public or private, made available to accomplish, in whole or in part, any of the purposes of this section. All federal moneys accepted under this section shall be accepted and expended by the department upon such terms and conditions as are prescribed by the United States. In accepting federal moneys under this section, the department shall have the same authority to enter into contracts on behalf of the state as is granted to the department under RCW 47.68.090 with respect to federal moneys accepted on behalf of municipalities. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purpose of which the same were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available.
[ 1983 c 3 s 142; 1947 c 165 s 16; 1945 c 252 s 7; Rem. Supp. 1947 s 10964-96. Formerly RCW 14.04.160.]

catchline: Acceptance of federal moneys.


title: RCW 47.68.170

text:
The department may designate, design, and establish, expand, or modify a state airways system that will best serve the interest of the state. It may chart the airways system and arrange for publication and distribution of such maps, charts, notices, and bulletins relating to the airways as may be required in the public interest. The system shall be supplementary to and coordinated in design and operation with the federal airways system. It may include all types of air navigation facilities, whether publicly or privately owned, if the facilities conform to federal safety standards.
[ 1984 c 7 s 350; 1947 c 165 s 17; Rem. Supp. 1947 s 10964-97. Formerly RCW 14.04.170.]

catchline: State airways system.


title: RCW 47.68.180

text:
The department may enter into any contracts necessary to the execution of the powers granted it by this chapter. All contracts made by the department, either as the agent of the state or as the agent of any municipality, shall be made pursuant to the laws of the state governing the making of like contracts. Where the planning, acquisition, construction, improvement, maintenance, or operation of any airport or air navigation facility is financed wholly or partially with federal moneys, the department as agent of the state or of any municipality, may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
[ 1984 c 7 s 351; 1947 c 165 s 18; Rem. Supp. 1947 s 10964-98. Formerly RCW 14.04.180.]

catchline: Execution of necessary contracts.


title: RCW 47.68.185

text:
The department is authorized to establish the necessary accounts or administrative procedures required by conditions attached to transfers of airport facilities from the federal government to the state of Washington.
[ 1984 c 7 s 352; 1963 c 73 s 1. Formerly RCW 14.04.185.]

catchline: Establishment of procedures required by conditions of federal transfers of facilities.


title: RCW 47.68.190

text:
The department shall not grant any exclusive right for the use of any landing area or air navigation facility under its jurisdiction. This section shall not be construed to prevent the making of contracts, leases, and other arrangements pursuant to this chapter.
[ 1984 c 7 s 353; 1947 c 165 s 19; Rem. Supp. 1947 s 10964-99. Formerly RCW 14.04.190.]

catchline: Exclusive grants prohibited.


title: RCW 47.68.200

text:
The acquisition of any lands or interest therein pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any municipality or municipalities, and the exercise of any other powers herein granted to the department are public and governmental functions, exercised for a public purpose, and matters of public necessity. All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
[ 1984 c 7 s 354; 1947 c 165 s 20; Rem. Supp. 1947 s 10964-100. Formerly RCW 14.04.200.]

catchline: Exercise of powers, public and governmental purpose.


title: RCW 47.68.210

text:
The department of transportation may perform such acts, issue and amend such orders, make, promulgate, and amend such reasonable general rules, and procedures, and establish such minimum standards, consistent with the provisions of this chapter, as it shall deem necessary to perform its duties hereunder; all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instruction in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. No rule of the department shall apply to airports or air navigation facilities owned or operated by the United States.
The department shall keep on file with the code reviser, and at the principal office of the department, a copy of all its rules for public inspection.
The department shall provide for the publication and general distribution of all its orders, rules, and procedures having general effect.
[ 1982 c 35 s 198; 1947 c 165 s 21; Rem. Supp. 1947 s 10964-101. Formerly RCW 14.04.210.]
Notes:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
Notice of meetings: Chapter 42.30 RCW.

catchline: Rules—Standards.


title: RCW 47.68.220

text:
It shall be unlawful for any person to operate an aircraft in the air, or on the ground or water, while under the influence of intoxicating liquor, narcotics, or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless manner so as to endanger the life or property of another. In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court in determining whether the operation was careless or reckless may consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
[ 1947 c 165 s 22; Rem. Supp. 1947 s 10964-102. Formerly RCW 14.04.220.]

catchline: Operating aircraft recklessly or under influence of intoxicants or drugs.


title: RCW 47.68.230

text:
It shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective certificate, permit, or license issued by the United States, if such certificate, permit, or license is required by the United States, and a current registration certificate issued by the secretary of transportation, if registration of the aircraft with the department of transportation is required by this chapter. It shall be unlawful for any person to engage in aeronautics as an airman or airwoman in the state unless the person has an appropriate effective airman or airwoman certificate, permit, rating, or license issued by the United States authorizing him or her to engage in the particular class of aeronautics in which he or she is engaged, if such certificate, permit, rating, or license is required by the United States.
Where a certificate, permit, rating, or license is required for an airman or airwoman by the United States, it shall be kept in his or her personal possession when he or she is operating within the state. Where a certificate, permit, or license is required by the United States or by this chapter for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state and shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors. Such certificates shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official, or employee of the department of transportation authorized pursuant to this chapter to enforce the aeronautics laws, or any official, manager, or person in charge of any airport, or upon the reasonable request of any person.
[ 2005 c 341 s 1; 1993 c 208 s 5; 1987 c 220 s 1; 1979 c 158 s 205; 1967 ex.s. c 68 s 2; 1967 ex.s. c 9 s 7; 1949 c 49 s 11; 1947 c 165 s 23; Rem. Supp. 1949 s 10964-103. Formerly RCW 14.04.230.]
Notes:
Effective date—2005 c 341: "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 July 1, 2005." [ 2005 c 341 s 6.]

catchline: Aircraft, airman, and airwoman certificates required.


title: RCW 47.68.235

text:
The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 s 859.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: License or certificate suspension—Noncompliance with support order—Reissuance.


title: RCW 47.68.240

text:
(1) Except as provided in subsection (2) of this section, any person violating any of the provisions of this chapter, or any of the rules, regulations, or orders issued pursuant thereto, is guilty of a misdemeanor.
(2)(a) Any person violating any of the provisions of RCW 47.68.220, 47.68.230, or 47.68.255 is guilty of a gross misdemeanor.
(b) In addition to, or in lieu of, the penalties provided in this section, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, for violations of RCW 47.68.220 and 47.68.230, the court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine but not to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as a contempt of court.
(3) In addition to the provisions of subsections (1) and (2) of this section, failure to register an aircraft, as required by this chapter is subject to a penalty of one hundred dollars if the aircraft registration is sixty days or more past due.
(4) The revenue from the penalty prescribed in subsection (3) of this section must be deposited into the aeronautics account under RCW 82.42.090.
[ 2016 c 20 s 2; 2005 c 341 s 2. Prior: 2003 c 375 s 3; 2003 c 53 s 265; 2000 c 229 s 2; 1999 c 277 s 5; 1993 c 238 s 3; 1987 c 202 s 216; 1983 c 3 s 145; 1947 c 165 s 24; Rem. Supp. 1947 s 10964-104. Formerly RCW 14.04.240.]
Notes:
Application—2016 c 20 s 2: "Section 2 of this act applies to registrations that initially become past due beginning on or after July 1, 2016." [ 2016 c 20 s 5.]
Findings—Intent—2016 c 20: "The legislature finds that the current penalty structure for late aircraft registration is unfair and excessive. The legislature further finds that the timing of providing proof of registration places a burden on aircraft owners attempting to lease or purchase hangar space for their aircraft. The legislature intends to streamline the penalty structure of late registrations and clarify the requirements for providing proof of registration in order to reduce administrative processes and eliminate excessive penalty charges." [ 2016 c 20 s 1.]
Effective date—2005 c 341: See note following RCW 47.68.230.
Effective date—2003 c 375: "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 July 1, 2003." [ 2003 c 375 s 7.]
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2000 c 229: See note following RCW 46.16A.030.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Penalties for violations.