title: RCW 47.76.470

text:
(1) The department shall establish the statewide emergent freight rail assistance program for the purpose of supporting freight rail capital needs by awarding grants based on the state's interests as outlined in RCW 47.76.240.
(2) Grants shall be selected using the cost-benefit methodology as outlined in RCW 47.76.460.
(3) The department shall report annually to the transportation committees of the legislature and the office of financial management on all freight rail assistance program grants issued.
[ 2023 c 447 s 4.]

catchline: Statewide emergent freight rail assistance program.


doc_type: statute

jurisdiction: wa

title: RCW 47.79.010

text:
The legislature recognizes that major intercity transportation corridors in this state are becoming increasingly congested. In these corridors, population is expected to grow by nearly forty percent over the next twenty years, while employment will grow by nearly fifty percent. The estimated seventy-five percent increase in intercity travel demand must be accommodated to ensure state economic vitality and protect the state's quality of life.
The legislature finds that high-speed ground transportation offers a safer, more efficient, and environmentally responsible alternative to increasing highway capacity. High-speed ground transportation can complement and enhance existing air transportation systems. High-speed ground transportation can be compatible with growth management plans in counties and cities served by such a system. Further, high-speed ground transportation offers a reliable, all-weather service capable of significant energy savings over other intercity modes.
[ 1993 c 381 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Legislative declaration.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 47.79.020

text:
The legislature finds that there is substantial public benefit to establishing a high-speed ground transportation program in this state. The program shall implement the recommendations of the high-speed ground transportation steering committee report dated October 15, 1992. The program shall be administered by the department of transportation in close cooperation with the utilities and transportation commission and affected cities and counties.
The high-speed ground transportation program shall have the following goals:
(1) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Everett and Portland, Oregon by 2020. This would be accomplished by meeting the intermediate objectives of a maximum travel time between downtown Portland and downtown Seattle of two hours and thirty minutes by the year 2000 and maximum travel time of two hours by the year 2010;
(2) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Everett and Vancouver, B.C. by 2025;
(3) Implement high-speed ground transportation service offering top speeds over 150 m.p.h. between Seattle and Spokane by 2030.
The department of transportation shall, subject to legislative appropriation, implement such projects as necessary to achieve these goals in accordance with the implementation plans identified in RCW 47.79.030 and 47.79.040.
[ 1993 c 381 s 2.]

catchline: Program established—Goals.


title: RCW 47.79.030

text:
The legislature finds it important to develop public support and awareness of the benefits of high-speed ground transportation by developing high quality intercity passenger rail service as a first step. This high quality intercity passenger rail service shall be developed through incremental upgrading of the existing service. The department of transportation shall, subject to legislative appropriation, develop a prioritized list of projects to improve existing passenger rail service and begin new passenger rail service, to include but not be limited to:
(1) Improvement of depots;
(2) Improved grade crossing protection or grade crossing elimination;
(3) Enhanced train signals to improve rail corridor capacity and increase train speeds;
(4) Revised track geometry or additional trackage to improve ride quality and increase train speeds; and
(5) Contract for new or improved service in accordance with federal requirements to improve service frequency.
Service enhancements and station improvements must be based on the extent to which local comprehensive plans contribute to the viability of intercity passenger rail service, including providing efficient connections with other transportation modes such as transit, intercity bus, and roadway networks. Before spending state moneys on these projects, the department of transportation shall seek federal, local, and private funding participation to the greatest extent possible. Funding priorities for station improvements must also be based on the level of local and private in-kind and cash contributions.
[ 1993 c 381 s 3.]

catchline: Project priority—Funding sources.


title: RCW 47.79.040

text:
The legislature recognizes the need to plan for the high-speed ground transportation service and the high quality intercity rail passenger service set forth in RCW 47.79.020 and 47.79.030. The department of transportation shall, subject to legislative appropriation, develop a rail passenger plan through the conduct of studies addressing, but not limited to, the following areas:
(1) Refined ridership estimates;
(2) Preliminary location and environmental analysis on new corridors;
(3) Detailed station location assessments in concert with affected local jurisdictions;
(4) Coordination with the air transportation commission on statewide air transportation policy and its effects on high-speed ground transportation service; and
(5) Coordination with the governments of Oregon and British Columbia, when appropriate, on alignment, station location, and environmental analysis.
[ 1993 c 381 s 4.]

catchline: Rail passenger plan.


title: RCW 47.79.050

text:
Subject to appropriation, the department is authorized to acquire by purchase, lease, condemnation, gift, devise, bequest, grant, or exchange, title to or any interests or rights in real property adjacent to or used in association with state intercity passenger rail service which may include, but are not limited to, depots, platforms, parking areas, and maintenance facilities. The department is authorized to contract with a public or private entity for the operation, maintenance, and/or management of these facilities.
[ 1999 c 253 s 1.]

catchline: Facility acquisition and management.


title: RCW 47.79.060

text:
Subject to appropriation, the department is authorized to accept and expend or use gifts, grants, and donations for the benefit of any depot, platform, parking area, maintenance facility, or other associated rail facility. However, such an expenditure shall be for the public benefit of the state's intercity passenger rail service.
[ 1999 c 253 s 2.]

catchline: Gifts.


title: RCW 47.79.070

text:
Subject to appropriation, the department is authorized to exercise all the powers and perform all the duties necessary, convenient, or incidental to the planning, designing, constructing, improving, repairing, operating, and maintaining real property adjacent to or used in association with the state intercity passenger rail service which may include, but are not limited to, depots, platforms, parking areas, and maintenance facilities, even if such real property is owned or controlled by another entity. However, any expenditure of public funds for these purposes shall be directly related to public benefit of the state's intercity passenger rail service. The department shall enter into a written contract with the affected real property owners to secure the public's investment.
[ 1999 c 253 s 3.]

catchline: Adjacent real property.


title: RCW 47.79.110

text:
The legislature finds that a balanced, multimodal transportation system is an essential element of the state's infrastructure, and that effective rail passenger service is an integral part of a balanced, multimodal transportation system. The legislature further finds that the King Street railroad station is the key hub for both Puget Sound's intermodal passenger transportation system and the state's rail passenger system. The legislature recognizes that the redevelopment of the King Street railroad station depot, along with necessary and related properties, is critical to its continued functioning as a transportation hub and finds that innovative funding arrangements can materially assist in furthering the redevelopment at reduced public expense.
[ 2001 c 62 s 1.]
Notes:
Effective date—2001 c 62: "Due to the irrevocable expiration of federal and Amtrak funds critical to the redevelopment of the King Street railroad station on or before June 30, 2001, sections 1 through 6 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 immediately [April 18, 2001]." [ 2001 c 62 s 7.]

catchline: King Street station—Findings.


title: RCW 47.79.120

text:
The department may acquire, or contract to acquire, by purchase, lease, option to lease or purchase, condemnation, gift, devise, bequest, grant, or exchange of title, the King Street railroad station depot located in Seattle, or any interests or rights in it, and other real property and improvements adjacent to, or used in association with, the King Street railroad station depot. The property may include, but not be limited to, the depot, platforms, parking areas, pedestrian and vehicle access areas, and maintenance facilities. These properties, in the aggregate, will be known as the King Street railroad station.
[ 2001 c 62 s 2.]
Notes:
Effective date—2001 c 62: See note following RCW 47.79.110.

catchline: King Street station—Acquisition.


title: RCW 47.79.130

text:
During all periods that the department contracts to own or lease some, or all, of the King Street railroad station properties, the department may exercise all the powers and perform all the duties necessary, convenient, or incidental for planning, designing, constructing, improving, repairing, renovating, restoring, operating, and maintaining the King Street railroad station properties. These powers also include authority to lease or sell, assign, sublease, or otherwise transfer all, or portions of, the King Street railroad station properties for transportation or other public or private purposes and to contract with other public or private entities for the operation, administration, maintenance, or improvement of the King Street railroad station properties after the department takes possession of some, or all, of the properties, as the secretary deems appropriate. If the department transfers any of its fee ownership interests in the King Street railroad station properties, proceeds from the transaction must be placed in an account that supports multimodal programs, but not into an account restricted by Article II, section 40 of the state Constitution.
[ 2001 c 62 s 3.]
Notes:
Effective date—2001 c 62: See note following RCW 47.79.110.

catchline: King Street station—Department's powers and duties.


title: RCW 47.79.140

text:
To facilitate tax exempt financing for the acquisition and improvement of the King Street railroad station, the department may lease from or contract with public or private entities for the acquisition, lease, operation, maintenance, financing, renovation, restoration, or management of some, or all, of the King Street railroad station properties as a multimodal terminal that supports the state intercity passenger rail service. The leases or contracts are not subject to either chapter 39.94 or 43.82 RCW. The leases and contracts will expire no later than fifty years from the time they are executed, and at that time the department will either receive title or have the right to receive title to the financed property without additional obligation to compensate the owner of those properties for the acquisition of them. The secretary may take all actions necessary, convenient, or incidental to the financing.
[ 2001 c 62 s 4.]
Notes:
Effective date—2001 c 62: See note following RCW 47.79.110.

catchline: King Street station—Leases and contracts for multimodal terminal.


title: RCW 47.79.150

text:
(1) The department may establish the King Street railroad station facility account as an interest-bearing local account. Receipts from the sources listed in subsection (2) of this section must be deposited into the account. Nothing in this section is a pledge of funds deposited to the account for repayment of tax exempt financing related to the King Street railroad station. The department may invest funds from the account as permitted by law and may enter into contracts with financial advisors as deemed necessary for that purpose. Only the secretary or the secretary's designee may authorize expenditures from the account.
(2) All funds appropriated to the King Street railroad station facility account by the legislature; all contributions, payments, grants, gifts, and donations to the account from other public or private entities; all receipts from departmental transactions involving capital facility sales, transfers, property leases and rents, incomes, and parking fees associated with the King Street railroad station; as well as all investment income associated with the account must be deposited into the King Street railroad station facility account for purposes specified in subsection (3) of this section.
(3) All funds deposited into the King Street railroad station facility account must be expended by the department solely to pay the following expenses:
(a) Costs for management of the account;
(b) Purchase and acquisition costs for King Street railroad station properties;
(c) Payments, including incidental expenses, relating to the King Street railroad station depot as required by a lease or contract under RCW 47.79.140;
(d) Maintenance and operating costs for the King Street railroad station properties; and
(e) Capital improvement projects initiated by the department associated with, and for the benefit of, the King Street railroad station depot occurring after the date of the department's beneficial occupancy of the renovated King Street railroad station depot, and for capital improvement projects initiated at any time by the department for the benefit of King Street railroad station properties other than the depot including, but not limited to, improvements to associated platforms, parking areas, temporary buildings, maintenance facilities, pedestrian access, and other improvements essential to the operation of the station as a multimodal terminal.
(4) Nothing in this section is intended to restrict the right of the department from otherwise funding purchase, acquisition, capital improvement, maintenance, rental, operational, and other incidental costs relating to the King Street railroad station from appropriations and resources that are not designated for deposit in the King Street railroad station facility account.
[ 2001 c 62 s 5.]
Notes:
Effective date—2001 c 62: See note following RCW 47.79.110.


title: RCW 47.79.160

text:
(1) The legislature recognizes that intercity passenger rail is an integral part of the state's transportation system and is critical to the state's ability to meet the climate, public health, equity, and mobility goals of the state as it continues to experience growth. The legislature finds that intercity passenger rail is a highly efficient mode of transportation that connects small towns and major urban centers, and that the improvement of intercity passenger rail service through improvements to trip times, frequency, and reliability can enhance local economies and increase mobility options for Washington residents. Therefore, the legislature intends to reemphasize the need to prioritize the improvement of intercity passenger rail through data-driven analyses as it conducts project development work, including for the federal corridor identification and development program.
(2) The department shall prioritize the target goals in this subsection for the Amtrak Cascades service, with a goal of meeting them by 2035. The legislature recognizes that voluntary investments by the government of Canada, crown corporations, provincial entities, and Oregon state entities, will be required to achieve these target goals outside of Washington state borders.
(a) Service reliability: Increase on-time performance with a minimum trip reliability goal of 88 percent on-time performance.
(b) Service frequencies: A minimum of 14 round trips per day between Seattle and Portland and a minimum of five round trips per day between Seattle and Vancouver, British Columbia.
(c) Improvements to first and last mile connections: Create improved multimodal connectivity to other transportation options at stations.
(d) Emission reductions: Reduce greenhouse gas emissions in alignment with state goals.
(3) The department is required to prioritize the target goals set in subsection (2) of this section as it conducts project development work, including for the federal corridor identification and development program and for work that may be done in the future as part of the federal-state partnership for intercity passenger rail grant program. Project development work carried out by the department must include infrastructure investments and extensive coordination with host railroads, and other service partners, as necessary to achieve these target goals.
(4)(a) The department shall report to the transportation committees of the legislature, as well as to the joint transportation committee, annually on analyses conducted and progress made to achieve the target goals in subsection (2) of this section, including any information required to be disclosed under this subsection (4).
(b)(i) If the department finds that one or more of the target goals set in subsection (2) of this section cannot be achieved due to a constraint unless it is mitigated by the legislature or another party, it must provide a full explanation of the constraint and detail what is necessary to mitigate it as part of the annual reporting requirement under (a) of this subsection.
(ii) If the department finds that one or more of the target goals set in subsection (2) of this section cannot be achieved due to a constraint that cannot be mitigated, even with assistance from the legislature or another party, it must provide a detailed explanation of the reasons it believes a target goal should be modified, either temporarily or for the indefinite future, to accommodate the identified unavoidable constraint as part of the annual reporting requirement under (a) of this subsection.
(5)(a) The joint transportation committee must conduct an independent review of the Amtrak Cascades 2024 preliminary service development plan and any subsequent public draft or final documents related to the system development plan that are released by December 31, 2026. The review must analyze the technical aspects of the plan, the public engagement strategies used in development of the plan, and the effectiveness of the communication within plan documents. The technical aspects of the plan include, but are not limited to, the ridership analysis, capacity analysis, future travel scenarios analysis, and identification of proposed infrastructure improvements. To the extent practicable, the review must include a cost benefit analysis of travel time improvements realized by projects in relation to project costs estimates.
(b) A final report summarizing findings of the review and recommendations for improving technical plan elements, as well as engagement and communication strategies is due by June 1, 2027. The report shall be submitted to the department, the transportation committees of the legislature, and the office of financial management.
[ 2025 c 363 s 1.]

catchline: Amtrak Cascades service—Target goals—Report—Review.


title: RCW 47.79.900

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 July 1, 1993.
[ 1993 c 381 s 5.]

catchline: Effective date—1993 c 381.


title: RCW 47.80.010

text:
The legislature finds that while the transportation system in Washington is owned and operated by numerous public jurisdictions, it should function as one interconnected and coordinated system. Transportation planning, at all jurisdictional levels, should be coordinated with local comprehensive plans. Further, local jurisdictions and the state should cooperate to achieve both statewide and local transportation goals. To facilitate this coordination and cooperation among state and local jurisdictions, the legislature declares it to be in the state's interest to establish a coordinated planning program for regional transportation systems and facilities throughout the state.
[ 1990 1st ex.s. c 17 s 53.]

catchline: Findings—Declaration.


title: RCW 47.80.011

text:
The legislature recognizes that recent legislative enactments have significantly added to the complexity of and to the potential for benefits from integrated transportation and comprehensive planning and that there is currently a unique opportunity for integration of local comprehensive plans and regional goals with state and local transportation programs. Further, approaches to transportation demand management initiatives and local and state transportation funding can be better coordinated to insure an efficient, effective transportation system that insures mobility and accessibility, and addresses community needs.
The legislature further finds that transportation and land use share a critical relationship that policymakers can better utilize to address regional strategies.
Prudent and cost-effective investment by the state and by local governments in highway facilities, local streets and arterials, rail facilities, marine facilities, nonmotorized transportation facilities and systems, public transit systems, transportation system management, transportation demand management, and the development of high capacity transit systems can help to effectively address mobility needs. Such investment can also enhance local and state objectives for effective comprehensive planning, economic development strategies, and clean air policies.
The legislature finds that addressing public initiatives regarding transportation and comprehensive planning necessitates an innovative approach. Improved integration between transportation and comprehensive planning among public institutions, particularly in the state's largest metropolitan areas is considered by the state to be imperative, and to have significant benefit to the citizens of Washington.
[ 1994 c 158 s 1.]

catchline: Legislative intent.


title: RCW 47.80.020

text:
The legislature hereby authorizes creation of regional transportation planning organizations within the state. Each regional transportation planning organization shall be formed through the voluntary association of local governments within a county, or within geographically contiguous counties. Each organization shall:
(1) Encompass at least one complete county;
(2)(a) Have a population of at least one hundred thousand, (b) have a population of at least seventy-five thousand and contain a Washington state ferries terminal, (c) have a population of at least forty thousand and cover a geographic area of at least five thousand square miles, or (d) contain a minimum of three counties; and
(3) Have as members all counties within the region, and at least sixty percent of the cities and towns within the region representing a minimum of seventy-five percent of the cities' and towns' population.
The state department of transportation must verify that each regional transportation planning organization conforms with the requirements of this section.
In urbanized areas, the regional transportation planning organization is the same as the metropolitan planning organization designated for federal transportation planning purposes.
[ 2017 c 68 s 1; 2016 c 27 s 1; 1990 1st ex.s. c 17 s 54.]
Notes:
Effective date—2016 c 27: "This act takes effect July 1, 2016." [ 2016 c 27 s 2.]

catchline: Regional transportation planning organizations authorized.


title: RCW 47.80.023

text:
Each regional transportation planning organization shall have the following duties:
(1) Prepare and periodically update a transportation strategy for the region. The strategy shall address alternative transportation modes and transportation demand management measures in regional corridors and shall recommend preferred transportation policies to implement adopted growth strategies. The strategy shall serve as a guide in preparation of the regional transportation plan.
(2) Prepare a regional transportation plan as set forth in RCW 47.80.030 that is consistent with countywide planning policies if such have been adopted pursuant to chapter 36.70A RCW, with county, city, and town comprehensive plans, and state transportation plans.
(3) Certify by December 31, 1996, that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region reflect the guidelines and principles developed pursuant to RCW 47.80.026, are consistent with the adopted regional transportation plan, and, where appropriate, conform with the requirements of RCW 36.70A.070.
(4) Where appropriate, certify that countywide planning policies adopted under RCW 36.70A.210 and the adopted regional transportation plan are consistent.
(5) Develop, in cooperation with the department of transportation, operators of public transportation services and local governments within the region, a six-year regional transportation improvement program which proposes regionally significant transportation projects and programs and transportation demand management measures. The regional transportation improvement program shall be based on the programs, projects, and transportation demand management measures of regional significance as identified by transit agencies, cities, and counties pursuant to RCW 35.58.2795, 35.77.010, and 36.81.121, respectively, and any recommended programs or projects identified by the agency council on coordinated transportation, as provided in *chapter 47.06B RCW, that advance special needs coordinated transportation as defined in *RCW 47.06B.012. The program shall include a priority list of projects and programs, project segments and programs, transportation demand management measures, and a specific financial plan that demonstrates how the transportation improvement program can be funded. The program shall be updated at least every two years for the ensuing six-year period.
(6) Include specific opportunities and projects to advance special needs coordinated transportation, as defined in *RCW 47.06B.012, in the coordinated transit-human services transportation plan, after providing opportunity for public comment.
(7) Designate a lead planning agency to coordinate preparation of the regional transportation plan and carry out the other responsibilities of the organization. The lead planning agency may be a regional organization, a component county, city, or town agency, or the appropriate Washington state department of transportation district office.
(8) Review level of service methodologies used by cities and counties planning under chapter 36.70A RCW to promote a consistent regional evaluation of transportation facilities and corridors.
(9) Work with cities, counties, transit agencies, the department of transportation, and others to develop level of service standards or alternative transportation performance measures.
(10) Submit to the agency council on coordinated transportation, as provided in *chapter 47.06B RCW, beginning on July 1, 2007, and every four years thereafter, an updated plan that includes the elements identified by the council. Each regional transportation planning organization must submit to the council every two years a prioritized regional human service and transportation project list.
[ 2009 c 515 s 15; 2007 c 421 s 5; 1998 c 171 s 8; 1994 c 158 s 2.]
Notes:
*Reviser's note: Chapter 47.06B RCW was repealed by 2011 c 60 s 51.

catchline: Duties.


title: RCW 47.80.026

text:
Each regional transportation planning organization, with cooperation from component cities, towns, and counties, shall establish guidelines and principles by July 1, 1995, that provide specific direction for the development and evaluation of the transportation elements of comprehensive plans, where such plans exist, and to assure that state, regional, and local goals for the development of transportation systems are met. These guidelines and principles shall address at a minimum the relationship between transportation systems and the following factors: Concentration of economic activity, residential density, development corridors and urban design that, where appropriate, supports high capacity transit, freight transportation and port access, development patterns that promote pedestrian and nonmotorized transportation, circulation systems, access to regional systems, effective and efficient highway systems, the ability of transportation facilities and programs to retain existing and attract new jobs and private investment and to accommodate growth in demand, transportation demand management, joint and mixed-use developments, present and future railroad right-of-way corridor utilization, and intermodal connections.
Examples shall be published by the organization to assist local governments in interpreting and explaining the requirements of this section.
[ 1994 c 158 s 3.]

catchline: Comprehensive plans, transportation guidelines, and principles.


title: RCW 47.80.030

text:
(1) Each regional transportation planning organization shall develop in cooperation with the department of transportation, providers of public transportation and high capacity transportation, ports, and local governments within the region, adopt, and periodically update a regional transportation plan that:
(a) Is based on a least cost planning methodology that identifies the most cost-effective facilities, services, and programs;
(b) Identifies existing or planned transportation facilities, services, and programs, including but not limited to major roadways including state highways and regional arterials, transit and nonmotorized services and facilities, multimodal and intermodal facilities, marine ports and airports, railroads, and noncapital programs including transportation demand management that should function as an integrated regional transportation system, giving emphasis to those facilities, services, and programs that exhibit one or more of the following characteristics:
(i) Crosses member county lines;
(ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;
(iii) Significant impacts are expected to be felt in more than one county;
(iv) Potentially adverse impacts of the facility, service, program, or project can be better avoided or mitigated through adherence to regional policies;
(v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance; and
(vi) Provides for system continuity;
(c) Establishes level of service standards for state highways and state ferry routes, with the exception of transportation facilities of statewide significance as defined in RCW 47.06.140. These regionally established level of service standards for state highways and state ferries shall be developed jointly with the department of transportation, to encourage consistency across jurisdictions. In establishing level of service standards for state highways and state ferries, consideration shall be given for the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local commuters using state facilities;
(d) Includes a financial plan demonstrating how the regional transportation plan can be implemented, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques to finance needed facilities, services, and programs;
(e) Assesses regional development patterns, capital investment and other measures necessary to:
(i) Ensure the preservation of the existing regional transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit, railroad systems and corridors, and nonmotorized facilities; and
(ii) Make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods;
(f) Sets forth a proposed regional transportation approach, including capital investments, service improvements, programs, and transportation demand management measures to guide the development of the integrated, multimodal regional transportation system. For regional growth centers, the approach must address transportation concurrency strategies required under RCW 36.70A.070 and include a measurement of vehicle level of service for off-peak periods and total multimodal capacity for peak periods; and
(g) Where appropriate, sets forth the relationship of high capacity transportation providers and other public transit providers with regard to responsibility for, and the coordination between, services and facilities.
(2) The organization shall review the regional transportation plan biennially for currency and forward the adopted plan along with documentation of the biennial review to the state department of transportation.
(3) All transportation projects, programs, and transportation demand management measures within the region that have an impact upon regional facilities or services must be consistent with the plan and with the adopted regional growth and transportation strategies.
[ 2005 c 328 s 2; 1998 c 171 s 9; 1994 c 158 s 4; 1990 1st ex.s. c 17 s 55.]

catchline: Regional transportation plan—Contents, review, use.


title: RCW 47.80.040

text:
Each regional transportation planning organization shall create a transportation policy board. Transportation policy boards shall provide policy advice to the regional transportation planning organization and shall allow representatives of major employers within the region, the department of transportation, transit districts, port districts, and member cities, towns, and counties within the region to participate in policy making. Any members of the house of representatives or the state senate whose districts are wholly or partly within the boundaries of the regional transportation planning organization are considered ex officio, nonvoting policy board members of the regional transportation planning organization. This does not preclude legislators from becoming full-time, voting board members.
[ 2003 c 351 s 1; 1990 1st ex.s. c 17 s 56.]

catchline: Transportation policy boards.


title: RCW 47.80.050

text:
(1) Biennial appropriations to the department of transportation to carry out the regional transportation planning program shall set forth the amounts to be allocated as follows:
(a) A base amount per county for each county within each regional transportation planning organization, to be distributed to the lead planning agency;
(b) An amount to be distributed to each lead planning agency on a per capita basis; and
(c) An amount to be administered by the department of transportation as a discretionary grant program for special regional planning projects, including grants to allow counties which have significant transportation interests in common with an adjoining region to also participate in that region's planning efforts.
(2) In order for a regional transportation planning organization to be eligible to receive state funds that are appropriated for regional transportation planning organizations, a regional transportation planning organization must provide a reasonable opportunity for voting membership to federally recognized tribes that hold reservation or trust lands within the planning area of the regional transportation planning organization. Any federally recognized tribe that holds reservation or trust land within the planning area of a regional transportation planning organization and does not have voting membership in the regional transportation planning organization must be offered voting membership in the regional transportation planning organization every two years or when the composition of the board of the regional transportation planning organization is modified in an interlocal agreement.
[ 2019 c 118 s 1; 1990 1st ex.s. c 17 s 57.]
Notes:
Effective date—2019 c 118: "This act takes effect August 1, 2019." [ 2019 c 118 s 2.]

catchline: Allocation of regional transportation planning funds—Eligibility—Federally recognized tribes, voting membership.


title: RCW 47.80.060

text:
In order to qualify for state planning funds available to regional transportation planning organizations, the regional transportation planning organizations containing any county with a population in excess of one million shall provide voting membership on its executive board to the state transportation commission, the state department of transportation, the four largest public port districts within the region as determined by gross operating revenues, any incorporated principal city of a metropolitan statistical area within the region, as designated by the United States census bureau, and any incorporated city within the region with a population in excess of eighty thousand. It shall further assure that at least fifty percent of the county and city local elected officials who serve on the executive board also serve on transit agency boards or on a regional transit authority.
[ 2007 c 511 s 1; 2005 c 334 s 1; 1992 c 101 s 31.]
Notes:
Section headings not part of law—Severability—Effective date—1992 c 101: See RCW 81.112.900 through 81.112.902.

catchline: Executive board membership.


title: RCW 47.80.070

text:
In order to ensure statewide consistency in the regional transportation planning process, the state department of transportation, in conformance with chapter 34.05 RCW, shall:
(1) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;
(2) Facilitate coordination between regional transportation planning organizations; and
(3) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and goods on a regional or statewide basis.
[ 1994 c 158 s 5.]

catchline: Statewide consistency.


title: RCW 47.80.080

text:
When voting on matters solely affecting Washington state, a regional transportation planning organization must obtain a majority vote of the Washington residents serving as members of the regional transportation planning organization before a matter may be adopted.
[ 2003 c 351 s 2.]

catchline: Majority vote on state matters.


title: RCW 47.80.090

text:
(1) A regional transportation planning organization containing any county with a population in excess of one million in collaboration with representatives from the department of ecology, the department of commerce, local governments, and the office of regulatory assistance must seek federal or private funding for the planning for, deployment of, or regulations concerning electric vehicle infrastructure. These efforts should include:
(a) Development of short-term and long-term plans outlining how state, regional, and local government construction may include electric vehicle infrastructure in publicly available off-street parking and government fleet vehicle parking, including what ratios of charge spots to parking may be appropriate based on location or type of facility or building;
(b) Consultations with the state building code council and the department of labor and industries to coordinate the plans with state standards for new residential, commercial, and industrial buildings to ensure that the appropriate electric circuitry is installed to support electric vehicle infrastructure;
(c) Consultation with the workforce development council and the student achievement council to ensure the development of appropriate educational and training opportunities for citizens of the state in support of the transition of some portion of vehicular transportation from combustion to electric vehicles;
(d) Development of an implementation plan for counties with a population greater than five hundred thousand with the goal of having public and private parking spaces, in the aggregate, be ten percent electric vehicle ready by December 31, 2018; and
(e) Development of model ordinances and guidance for local governments for siting and installing electric vehicle infrastructure, in particular battery charging stations, and appropriate handling, recycling, and storage of electric vehicle batteries and equipment.
(2) These plans and any recommendations developed as a result of the consultations required by this section must be submitted to the legislature by December 31, 2010, or as soon as reasonably practicable after the securing of any federal or private funding. Priority will be given to the activities in subsection (1)(e) of this section and any ordinances or guidance that is developed will be submitted to the legislature, the department of commerce, and affected local governments prior to December 31, 2010, if completed.
(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
[ 2012 c 229 s 592; 2009 c 459 s 2.]
Notes:
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Finding—Purpose—2009 c 459: "The legislature finds the development of electric vehicle infrastructure to be a critical step in creating jobs, fostering economic growth, reducing greenhouse gas emissions, reducing our reliance on foreign fuels, and reducing the pollution of Puget Sound attributable to the operation of petroleum-based vehicles on streets and highways. Limited driving distance between battery charges is a fundamental disadvantage and obstacle to broad consumer adoption of vehicles powered by electricity. In order to eliminate this fundamental disadvantage and dramatically increase consumer acceptance and usage of electric vehicles, it is essential that an infrastructure of convenient electric vehicle charging opportunities be developed. The purpose of this act is to encourage the transition to electric vehicle use and to expedite the establishment of a convenient, cost-effective, electric vehicle infrastructure that such a transition necessitates. The state's success in encouraging this transition will serve as an economic stimulus to the creation of short-term and long-term jobs as the entire automobile industry and its associated direct and indirect jobs transform over time from combustion to electric vehicles." [ 2009 c 459 s 1.]

catchline: Regional transportation planning organizations—Electric vehicle infrastructure.


title: RCW 47.80.100

text:
The department shall compile, maintain, and publish a summary of the per capita vehicle miles traveled annually in each city in the state, and in the unincorporated portions of each county in the state.
[ 2023 c 228 s 10.]

catchline: Summary of per capita vehicle miles traveled.


title: RCW 47.80.902

text:
Captions used in this act do not constitute any part of the law.
[ 1994 c 158 s 11.]

catchline: Captions not part of law—1994 c 158.


title: RCW 47.80.904

text:
This act shall take effect July 1, 1994.
[ 1994 c 158 s 13.]

catchline: Effective date—1994 c 158.


title: RCW 47.82.010

text:
The department, in conjunction with local jurisdictions, shall coordinate as appropriate with the designated metropolitan planning organizations to develop a program for improving Amtrak passenger rail service. The program may include:
(1) Determination of the appropriate level of Amtrak passenger rail service;
(2) Implementation of higher train speeds for Amtrak passenger rail service, where safety considerations permit;
(3) Recognition, in the state's long-range planning process, of potential higher speed intercity passenger rail service, while monitoring socioeconomic and technological conditions as indicators for higher speed systems; and
(4) Identification of existing intercity rail rights-of-way which may be used for public transportation corridors in the future.
[ 1990 c 43 s 36.]

catchline: Service improvement program.


title: RCW 47.82.020

text:
The department shall, when feasible, assist local jurisdictions in upgrading Amtrak depots. Multimodal use of these facilities shall be encouraged.
[ 1990 c 43 s 37.]

catchline: Depot upgrading.


title: RCW 47.82.030

text:
(1) The department, in conjunction with local jurisdictions, shall coordinate as appropriate with designated metropolitan and provincial transportation organizations to pursue resumption of Amtrak service from Seattle to Vancouver, British Columbia, via Everett, Mount Vernon, and Bellingham.
(2) The department, in conjunction with local jurisdictions, shall study potential Amtrak service on the following routes:
(a) Daytime Spokane-Wenatchee-Everett-Seattle service;
(b) Daytime Spokane-Tri-Cities-Vancouver-Portland service;
(c) Tri-Cities-Yakima-Ellensburg-Seattle service, if the Stampede Pass route is reopened; and
(d) More frequent Portland-Vancouver-Kelso-Centralia-Olympia-Tacoma-Seattle service or increments thereof.
[ 1990 c 43 s 38.]

catchline: Service extension.


title: RCW 47.82.040

text:
The department, with other state and local agencies shall coordinate as appropriate with designated metropolitan planning organizations to provide public information with respect to common carrier passenger transportation. This information may include maps, routes, and schedules of passenger rail service, local transit agencies, air carriers, private ground transportation providers, and international, state, and local ferry services.
The state shall continue its cooperative relationship with Amtrak and Canadian passenger rail systems.
[ 1990 c 43 s 39.]

catchline: Coordination with other rail systems and common carriers.


title: RCW 47.82.900

text: See notes following RCW 81.100.010.


title: RCW 47.85.005

text:
It is the intent of the legislature to achieve transportation regulatory reform that expedites the delivery of transportation projects through a streamlined approach to environmental decision making. The department of transportation should work cooperatively and proactively with state regulatory and natural resource agencies, public and private sector interests, and Indian tribes to avoid project delays. The department and state regulatory and natural resource agencies should continue to implement and improve upon the successful policies, guidance, tools, and procedures that were created as a result of transportation permit efficiency and accountability committee efforts. The department should expedite project delivery and routine maintenance activities through the use of programmatic agreements and permits where possible and seek new opportunities to eliminate duplicative processes.
[ 2015 3rd sp.s. c 17 s 1.]
Notes:
Effective date—2015 3rd sp.s. c 17: "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 [July 6, 2015]." [ 2015 3rd sp.s. c 17 s 12.]

catchline: Intent.


title: RCW 47.85.010

text:
The legislature recognizes the value that tribal governments provide in the review of transportation projects. The legislature expects the department to continue its efforts to provide consistent consultation and communication during the environmental review of proposed transportation projects.
[ 2015 3rd sp.s. c 17 s 2.]
Notes:
Effective date—2015 3rd sp.s. c 17: See note following RCW 47.85.005.

catchline: Legislative declaration.


title: RCW 47.85.020

text:
The department must streamline the permitting process by developing and maintaining positive relationships with the regulatory agencies and the Indian tribes. The department can reduce the time it takes to obtain permits by incorporating impact avoidance and minimization measures into project design and by developing complete permit applications. To streamline the permitting process, the department must:
(1) Implement a multiagency permit program, commensurate with program funding levels, consisting of appropriate regulatory agency staff with oversight and management from the department.
(a) The multiagency permit program must provide early project coordination, expedited project review, project status updates, technical and regulatory guidance, and construction support to ensure compliance.
(b) The multiagency permit program staff must assist department project teams with developing complete biological assessments and permit applications, provide suggestions for how the project can avoid and minimize impacts, and provide input regarding mitigation for unavoidable impacts;
(2) Establish, implement, and maintain programmatic agreements and permits with federal and state agencies to expedite the process of ensuring compliance with the endangered species act, section 106 of the national historic preservation act, hydraulic project approvals, the clean water act, and other federal acts as appropriate;
(3) Collaborate with permitting staff from the United States army corps of engineers, Seattle district, department of ecology, and department of fish and wildlife to develop, implement, and maintain complete permit application guidance. The guidance must identify the information that is required for agencies to consider a permit application complete;
(4) Perform internal quality assurance and quality control to ensure that permit applications are complete before submitting them to the regulatory agencies; and
(5) Implement a multiagency effort, in coordination with the department of ecology and the department of fish and wildlife, and work with the relevant federal environmental permitting agencies to streamline the acquisition of commonly needed environmental permits and approvals for department of transportation fish passage barrier correction projects. Expected results include developing programmatic permit options that simplify the application process, reduce paperwork, and reduce the amount of time and cost it takes to acquire these permits and approvals.
[ 2021 c 289 s 3; 2015 3rd sp.s. c 17 s 3.]
Notes:
Effective date—2015 3rd sp.s. c 17: See note following RCW 47.85.005.

catchline: Multiagency permit program—Federal act compliance—Permit application guidance, quality control—Multiagency effort to streamline permit and approval process.


title: RCW 47.85.030

text:
The legislature finds that an essential component of streamlined permit decision making is the ability of the department to demonstrate the capacity to meet environmental responsibilities. Therefore, the legislature directs that:
(1) Qualified environmental staff within the department must supervise the development of all environmental documentation in accordance with the department's project delivery tools;
(2) The department must conduct special prebid meetings for projects that are environmentally complex. In addition, the department must review environmental requirements related to these projects during the preconstruction meeting held with the contractor who is awarded the bid;
(3) Environmental staff at the department, or consultant staff hired directly by the department, must conduct field inspections to ensure that project activities comply with permit conditions and environmental commitments. These inspectors:
(a) Must notify the department's project engineer when compliance with permit conditions or environmental regulations are not being met; and
(b) Must immediately notify the regulatory agencies with jurisdiction over the nonconforming work; and
(4) When a project is not complying with a permit or environmental regulation, the project engineer must immediately order the contractor to stop all nonconforming work and implement measures necessary to bring the project into compliance with permits and regulations.
[ 2015 3rd sp.s. c 17 s 4.]
Notes:
Effective date—2015 3rd sp.s. c 17: See note following RCW 47.85.005.

catchline: Finding—Environmental review and oversight.


title: RCW 47.85.040

text:
The legislature expects the department to continue its efforts to improve training and compliance. The department must:
(1) Provide training in environmental procedures and permit requirements for those responsible for project delivery activities;
(2) Require wetland mitigation sites to be designed by qualified technical specialists that meet training requirements developed by the department in consultation with the department of ecology. Environmental mitigation site improvements must have oversight by environmental staff;
(3) Develop, implement, and maintain an environmental compliance data system to track permit conditions, environmental commitments, and violations;
(4) Continue to implement the environmental compliance assurance procedure to ensure that appropriate agencies are notified and that action is taken to remedy noncompliant work as soon as possible. When work occurs that does not comply with environmental permits or regulations, the project engineer must document the lessons learned to make other project teams within the department aware of the violation to prevent reoccurrence; and
(5) Provide an annual report summarizing violations of environmental permits and regulations to the department of ecology and the legislature on March 1st of each year for violations occurring during the preceding year.
[ 2015 3rd sp.s. c 17 s 5.]
Notes:
Effective date—2015 3rd sp.s. c 17: See note following RCW 47.85.005.

catchline: Environmental training and compliance.


title: RCW 47.85.050

text:
The legislature finds that local land use reviews under chapter 90.58 RCW need to be harmonized with the efficient accomplishment of necessary maintenance and improvement to state transportation facilities. Local land use review procedures are highly variable and pose distinct challenges for linear facility maintenance and improvement projects sponsored by the department. In particular, clearer procedures for local permitting under chapter 90.58 RCW are needed to meet the objectives of chapter 36.70A RCW regarding department facilities designated as essential public facilities.
[ 2015 3rd sp.s. c 17 s 6.]
Notes:
Effective date—2015 3rd sp.s. c 17: See note following RCW 47.85.005.

catchline: Finding—Local land use review procedures.


title: RCW 47.85.100

text:
Nothing in this chapter may be interpreted to create a private right of action or right of review. Judicial review of the department's environmental review is limited to that available under chapter 43.21C RCW or applicable federal law.
[ 2015 3rd sp.s. c 17 s 7.]
Notes:
Effective date—2015 3rd sp.s. c 17: See note following RCW 47.85.005.

catchline: Construction—Judicial review.


title: RCW 47.87.010

text:
The legislature finds and declares that:
(1) Interstate toll bridges owned by local governments provide critical links for the transport of workers, services, tourism, and emergency response between Washington and Oregon, and for Washington and Oregon businesses to transport local agricultural products, forest products, rock and gravel, and manufactured products within their bistate regions and to broader national markets.
(2) Existing local government-owned interstate toll bridges are becoming functionally obsolete, weight-restricted, seismically deficient, and a hazardous obstacle for marine freight; and need to be replaced.
(3) Replacement of aging interstate toll bridges by local governments is extremely challenging, and local governments that own or are served by the bridges require additional means to address the problem. For some bistate regions, the successful replacement and subsequent operations of interstate toll bridges can be best accomplished by an independent bistate governmental authority, chartered by local governments, with sufficient powers to efficiently and equitably develop, operate, maintain, toll, and finance the replacement bridge.
[ 2022 c 89 s 1.]

catchline: Findings.


title: RCW 47.87.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Applicable laws" means the laws applicable to the commission pursuant to RCW 47.87.130.
(2) "Board" means the board of directors of a commission formed under this chapter.
(3) "Bordering state" means a state that shares a boundary with the state of Washington, the majority of which is formed by a river, and that enacts legislation authorizing the formation by local governments of a commission with the substantive powers provided in this chapter.
(4) "Bridge" means an interstate bridge, including any approaches, buildings, structures, facilities, equipment, improvements, tolling systems and software, and appurtenances necessary or incidental to the bridge, which replaces an existing bridge.
(5) "Bridge finance plan" means a plan adopted by the board to finance the design, construction, operations, maintenance, administration, and governance of the bridge, as it may be revised from time to time.
(6) "Commission" means a public corporation formed under this chapter.
(7) "Commission formation agreement" means a bistate agreement among local governments to charter and form a commission under this chapter.
(8) "Construction" or "construct" means all activities, materials, and services necessary or incidental to the design and construction of a bridge including, but not limited to, engineering, permitting, property acquisition, procurement, installation of equipment, site work, utility relocation, inspection, start-up, landscaping, hard construction, environmental mitigation, demolition and removal of an existing bridge, and all associated accounting, legal, administrative, project management, and governance activities.
(9) "Debt instrument" means any contractual undertaking, financing agreement, or instrument entered into or issued by a commission to evidence an obligation to repay or guaranty repayment of borrowed moneys including, but not limited to, bonds, refunding bonds, notes, loans, interim financing, anticipation notes, certificates, credit enhancement devices, or other debt obligations.
(10) "Departments of transportation" means the Washington state department of transportation and the department of transportation of a bordering state.
(11) "Director" means a duly appointed member of the board or, when acting in the absence of a director, a duly appointed alternate member of the board.
(12) "Existing bridge" means an interstate toll bridge owned by a local government, or which has been conveyed by a local government to a commission, which is to be replaced by a new bridge.
(13) "Local government" means any county, city, or port district along the border of a bordering state that enters into a commission formation agreement.
(14) "Operate" or "operations" means all activities necessary or incidental to the operations, tolling, maintenance, repair, rehabilitation, renewal, or replacement of the bridge, and all associated financial, legal, administrative, management, and governance activities.
(15) "Other charges" means administrative and other fees, civil penalties, and other amounts established by the commission for use of the bridge.
(16) "Primary place of business" means the state and county within which the principal headquarters office of the commission is established in a commission formation agreement, notwithstanding any subsequent relocation of the principal headquarters office of the commission.
(17) "Public corporation" means a corporation created under this chapter to perform essential governmental functions for the public purposes described in this chapter, and, when issuing bonds or other debt instruments, acts on behalf of the local governments as a constituted authority, within the meaning of the United States department of the treasury regulations and the internal revenue service rulings adopted under section 103, internal revenue code.
(18) "States" means the state of Washington and a bordering state.
[ 2022 c 89 s 2.]

catchline: Definitions.


title: RCW 47.87.030

text:
(1) Upon enactment of an act by a bordering state having the same material effect as chapter 89, Laws of 2022, as determined by the office of the attorney general, local governments may enter into a commission formation agreement to form and charter a commission under this chapter. The commission shall be a public corporation formed under the laws of both states, vested with the powers and duties granted by this chapter. The commission shall perform an essential governmental function and shall exercise its powers for the public purposes described in this chapter.
(2) Local governments may by resolution enter a commission formation agreement, consistent with the requirements of this chapter, to charter and form a commission. The commission formation agreement shall, at a minimum, be approved and executed by the owner of an existing bridge and the governing bodies of the counties within which an existing bridge is situated. A commission formation agreement may be enacted by local governments in phases. However, all required elements of a commission formation agreement must be enacted by the local governments prior to any board authorization to issue toll revenue bonds for the construction of the bridge. The commission formation agreement shall establish the following provisions:
(a) A name for the commission;
(b) The date on which the powers granted to the commission by this chapter become effective;
(c) The primary place of business for the purpose of establishing applicable laws under RCW 47.87.130;
(d) The composition and appointment process for members of the board, as described in RCW 47.87.040 (1) and (2);
(e) The term of office for, and rules, responsibilities, and requirements applicable to, the office of chair and cochair, as described in RCW 47.87.040(4);
(f) The requirements for formal actions of the board, as described in RCW 47.87.040(5); and
(g) Such other provisions as the local governments may elect, as long as the provisions comply with applicable laws, and do not impair or adversely affect the powers of the commission granted by this chapter.
(3) The commission formation agreement may allow the board to amend all or some of the provisions included in the commission formation agreement pursuant to subsection (2)(d), (e), (f), or (g) of this section and RCW 47.87.040(5), and may establish conditions for such amendments.
(4) The purposes of the commission are to:
(a) Design, engineer, develop, finance and refinance, install, equip, and construct a bridge to replace and remove an existing toll bridge;
(b) Act as a cooperative bistate governance structure to develop, own or control, fix and adjust tolls, and regulate the use of a bridge;
(c) Oversee the efficient operation, maintenance, administration, rehabilitation, and renewal of the bridge; and
(d) Perform such additional duties and exercise such additional powers as may hereafter be conferred upon the commission pursuant to law.
[ 2022 c 89 s 3.]

catchline: Commission formation agreement.


title: RCW 47.87.040

text:
(1) The commission shall be governed by a board. The commission formation agreement shall establish the number of voting and, if any, nonvoting or ex officio directors appointed by local governments of each state and, if any, appointed by governmental entities that are not local governments, and shall further establish the procedures for the nomination and appointment of such directors, which may differ by state.
(2) Each nominating authority shall nominate and each appointing authority shall appoint an alternate director for each director it nominates or appoints. The alternate director may only act in the absence of the director for whom the alternate is appointed. Unless the context requires otherwise, the term director under this chapter includes the alternate director when such alternate director is acting in the absence of the director.
(3) Directors and alternate directors shall serve without compensation, but may be reimbursed for reasonable expenses incurred as an incident to the performance of their duties. Directors and alternate directors shall serve at the pleasure of the appointing body, and with or without cause may be removed or suspended from office by the appointing body. The commission formation agreement shall establish the length of the initial term of each of director and alternate director so that subsequent appointments by appointing bodies from each state are reasonably and similarly staggered. Except for the initial appointments of directors and alternate directors, the term of directors and alternate directors shall be four years.
(4) The board shall elect two cochairs from among its directors, with one cochair residing in Washington state and the other cochair residing in the bordering state. The two cochairs shall serve as first cochair and second cochair, with the first cochair responsible for presiding at all commission meetings. The board shall indicate which cochair will serve in the respective two positions within the first year after the formation of the commission, after which time the two positions must alternate on an annual basis. The commission formation agreement shall establish the terms of the cochairs, and may establish such other requirements for the office of cochair as the local governments elect.
(5) Formal actions of the board shall be by ordinance or resolution duly approved at any regular or special meeting of the board. No action of the board shall be effective unless there is a quorum and a majority of the directors present assent. The commission formation agreement shall establish the requirements for a quorum, and may establish such other requirements for formal actions of the board as the local governments may elect, provided such requirements are consistent with applicable laws.
(6) Unless otherwise provided in an ordinance or resolution enacted by the board, the board shall have the exclusive right to exercise the powers granted by this chapter, and the exercise of all powers granted to the board by this chapter shall not be subject to any prior or subsequent authorization, approval, or concurrence by any local government or other governmental entity of either state.
(7) The board shall adopt rules, consistent with applicable laws and the commission formation agreement, regarding the organization, activities, and procedures of the board and the commission, as the board may determine.
[ 2022 c 89 s 4.]

catchline: Commission, governed by board.


title: RCW 47.87.050

text:
(1) In addition to any other powers granted under this chapter, the commission shall have the power to:
(a) Construct, purchase, lease, acquire, own, operate, maintain, control, hold, sell, convey, dispose of, and finance and refinance real and personal property, facilities, materials, supplies, equipment, or any interest therein, within the state of Washington and the bordering state, as the board deems necessary or incidental to the purposes of the commission;
(b) Secure all necessary federal, state, and local authorizations, permits, and approvals for the construction, maintenance, repair, operation, renewal, and financing or refinancing of the bridge;
(c) Adopt, amend, and repeal bylaws, rules, and regulations, consistent with applicable laws and the commission formation agreement, which add specificity to the powers and duties of the commission, clarify or interpret provisions in the commission formation agreement, or clarify or interpret laws and regulations applicable to the commission;
(d) Receive and accept, with or without consideration, from any federal agency, state, local government, or any other public or private source grants, contributions, loans, advances, credit enhancements, or other contributions in money, property, labor, materials, services, or other things of value to accomplish the purposes of the commission;
(e) Invest its moneys in investments permitted for municipal corporations and disburse funds for its lawful purposes;
(f) Make and enter into any contract or agreement the board deems necessary or incidental to the purposes of the commission;
(g) Grant by franchise, lease, or otherwise, the use of any property or facility owned or controlled by the commission and to make charges therefor;
(h) Create and abolish offices, employments, and positions, and employ or contract for professional and other services;
(i) Make and enforce regulations governing the use of facilities owned or controlled by the commission, the services rendered by the commission, and the tolls, fees, and other charges to be made therefor;
(j) Adopt and use a corporate seal;
(k) Sue and be sued in the name of the commission;
(l) Establish such special funds, and controls on deposits to and disbursements from them, as it finds convenient for the implementation of this chapter;
(m) Delegate any of its powers and duties if consistent with the purposes of this chapter;
(n) Perform all other functions necessary or incidental to the purposes of the commission, or to the execution of the powers granted under this chapter; and
(o) Exercise such additional powers as shall be conferred on it by law.
(2) The commission may not impose any taxes or assessments.
[ 2022 c 89 s 5.]

catchline: Commission powers.


title: RCW 47.87.060

text:
(1) Before the start of bridge construction, the board shall appoint or retain:
(a) An executive director, who shall serve at the pleasure of the board, and be in administrative charge of the activities of the commission, and perform such additional duties as directed by the board. Subject to any rules enacted by the commission, the executive director may appoint staff or retain consultants to carry out the purposes and duties of the commission.
(b) Legal counsel, including without limitation bond counsel, who shall furnish or cause to be furnished to the commission such opinions, advice, and counsel as may be required, and represent or oversee the representation of the commission in legal matters or hearings, as directed by the commission.
(2) The commission may employ such engineering, technical, legal, administrative, operating, and other personnel, officers, or agents on a regular, part-time, or consulting basis as in its judgment is necessary or beneficial for the discharge of its duties. The commission may fix and provide for the qualification, appointment, removal, term, tenure, compensation, pension, and retirement rights of its officers and employees. Employees of the commission shall be afforded the labor rights and protections afforded public employees under the laws of the state within which the primary place of business is situated.
(3) All privileges and immunities from liability, laws, and benefits that apply to directors, officers, agents, or employees of a municipal corporation under applicable law shall apply to the directors, officers, agents, and employees of the commission.
(4) The commission may purchase insurance or self-insure to protect and hold personally harmless any of its directors, alternate directors, and the officers, employees, and agents of the commission from any action, claim, or proceeding arising out of their performance, purported performance, or failure of performance, in good faith of duties for, or employment with the commission, and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings.
(5) The commission may purchase insurance or self-insure against loss or damage to any of its properties or facilities, damage to persons or property, loss of revenues, or such other coverages as the board may elect to accomplish the purposes of the commission. Insurance coverage shall be in such form and amount as the board may determine, provided that it satisfies any requirements of any agreement arising out of issuance of bonds or other obligations by the commission. The board may enter into intergovernmental agreements with any state, or local government, or combination thereof, to acquire or maintain the insurance.
(6) The commission shall furnish such information with respect to its affairs as may be requested by the state of Washington, bordering state, or any local government. The commission shall prepare an annual report which summarizes the major activities and expenditures of the commission during the year and anticipated for the following year. The commission shall furnish a copy of the annual report, together with any additional information deemed appropriate, to the local governments and other interested parties.
(7) Except as described in subsection (8) of this section, the commission shall prepare and adopt a single-year or biennial budget and make appropriations in accordance with this subsection. The commission shall: (a) Establish a budget committee; (b) publish public notice of each meeting of the budget committee; (c) publish public notice and hold a public hearing on the proposed budget before enacting a budget; (d) adopt the budget as it may be amended or revised by the commission, before the start of the budget period; (e) enact such amendments or supplementary budgets during a budget period as the commission may determine are appropriate; and (f) transmit to local area governments a copy of the final budget and any amended or supplementary budgets approved by the commission. In no case may the adopted budget expenditure allowances exceed total estimated revenues unless accompanied by proposed legislation to obtain an equivalent amount of additional revenue. The commission may adopt, and from time to time, amend a rule that further details the preparation of the budget and the process for its adoption.
(8) A commission is not required to enact a budget for any years in which the commission has no revenue and all revenues and expenditures for the bridge are authorized in a budget of one or more local governments.
[ 2022 c 89 s 6.]

catchline: Board appointment or retention—Privileges, immunities—Insurance—Furnishing of information—Budget.


title: RCW 47.87.070

text:
The commission may:
(1) Finance, refinance, and acquire or otherwise assume control by purchase, lease, donation, or by other means such real and personal property, structures, property rights, franchises, easements, and other property interests, whether situated within the state of Washington or the bordering state, as the board may deem necessary or incidental to the purposes of the commission; and
(2) Exercise the power of eminent domain to acquire by condemnation any property, structures, property rights, franchises, easements, and other property interests situated within the state of Washington or the bordering state as the board deems necessary or incidental to the purposes of the commission, subject to the applicable laws described in RCW 47.87.130(1)(b). No property owned or held by any state or local government shall be taken by the commission without the prior consent of such state or local government.
[ 2022 c 89 s 7.]

catchline: Financing, refinancing, acquiring, assuming control—Eminent domain.


title: RCW 47.87.080

text:
(1) The board shall have the exclusive power to impose, fix, and periodically adjust the rate of tolls and other charges for use of any bridge owned by or operated by the commission without any approval, authorization, or concurrence by a legislature, state toll authority, local government, state agency or official, or other entity. The board may establish and implement such policies and criteria as the board deems advisable for the rate of tolls and other charges including, but not limited to, establishing discounts, exemptions, administrative fees, late fees, civil penalties, and toll rates for such classes of vehicles and users as the board may determine.
(2) In setting and periodically adjusting toll rates and other charges, the board shall ensure that toll rates and other charges will annually yield revenue sufficient to meet all costs, expenses, and obligations of the commission, including the satisfaction of all financial and other covenants made by the commission with regard to any bond or other debt instrument.
(3) The commission may enter agreements with the Washington state department of licensing and the applicable agency of the bordering state to enforce the payment of tolls and other charges for use of the bridge. Such agreements may provide that if the commission or its designee gives notice to the applicable department that a person has not paid a toll or other charge for use of the bridge, the applicable department shall refuse to renew the motor vehicle registration of the motor vehicle operated by the person at the time of the violation. The applicable department may renew such motor vehicle registration upon receipt of a notice from the commission or its designee indicating that all tolls and other charges owed by the person have been paid.
(4) Photo toll systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only. A photo toll image of a vehicle and the registration plate of the vehicle produced by a photo toll system at the time the driver of the vehicle did not pay a toll is prima facie evidence that the registered owner of the vehicle is the driver of the vehicle. However, if the registered owner of a vehicle is a person in the vehicle rental or leasing business, the registered owner may elect to identify the person who was operating the vehicle at the time the toll was not paid or to pay the toll, civil penalty, and administrative fee. A registered owner of a vehicle who pays the toll, civil penalty, and administrative fee is entitled to recover the same from the driver, renter, or lessee of the vehicle.
(5) The rights to enforce the payment of tolls and other charges of the commission granted under this chapter are supplemental; the commission may employ all other remedies available to it under the laws of the state of Washington and the bordering state.
(6) The proceeds from toll rates and other charges of the commission shall only be used to pay the necessary and incidental costs and expenses incurred by the commission in connection with owning, constructing, operating, maintaining, renewing, and governing the bridge, which shall include, but not be limited to, costs incurred for:
(a) The design, development, construction, equipping, installation, and financing and refinancing of the bridge, demolition and removal of the existing bridge, and mitigation of associated impacts;
(b) The operations of the bridge including, but not limited to, repair, maintenance, resurfacing, preservation, equipping, improvement, reconstruction, renewal, and replacement;
(c) The tolling of the bridge including, but not limited to, toll collection, administration, and enforcement, and the acquisition, leasing, maintenance, and replacement of tolling equipment and software;
(d) The financing or refinancing of any bonds or other debt instruments of the commission;
(e) A reasonable return on investment for any private financing of any costs, expenses, or obligations of the commission;
(f) The establishment and maintenance of any reserves or sinking funds approved by the board; and
(g) Any other obligations or expenses incurred by the commission in carrying out its purposes under this chapter.
(7) The commission may grant to any public or private entity by franchise, lease, or otherwise the use or control of any portion of the bridge or any property or facility owned or under the control of the commission, and may fix the terms, conditions, rents, and other payments for such use.
(8) All revenues, receipts, grants, bond proceeds, and other funds of the commission may be comingled and spent to carry out commission purposes within either state, unless and to the extent otherwise restricted by the terms of a grant agreement or debt instrument.
(9) For purposes of this section, "photo toll system" means the system defined in RCW 47.56.010 and 47.46.020.
[ 2022 c 89 s 8.]

catchline: Tolls, other charges—Agreements—Photo toll systems—Enforcement—Proceeds.


title: RCW 47.87.090

text:
(1) The commission shall design and construct the bridge to standards and specifications satisfactory to the departments of transportation, and in accordance with all applicable permits, clearances, and mitigation requirements. The commission shall arrange for timely review by the departments of transportation of all pertinent engineering plans, specifications, and related reports.
(2) The commission may undertake any construction activities that have necessary permits and for which funding is available, provided that prior to issuing a notice to proceed with the construction of any bridge foundation, the commission shall:
(a) Prepare and adopt an initial bridge finance plan to fund the design, construction, operations, maintenance, administration, and governance of the bridge. Prior to adopting the initial bridge finance plan, the board shall require a feasibility review of the initial bridge finance plan and shall submit the feasibility review to the departments of transportation and the local governments for their review as determined by the board. Following the review by the departments of transportation and local governments, the board may adopt the initial bridge finance plan, as it may be amended as a result of the reviews. Following the adoption of the initial bridge finance plan, the board may periodically adjust or amend the bridge finance plan as the board may determine; and
(b) Make and enter into a written agreement with the owner of the applicable existing bridge, under such terms and conditions as may be acceptable to the commission and the owner of the existing bridge, regarding the removal and disposition of the existing bridge. The agreement shall address: (i) The roles, responsibilities, and obligations of the parties with respect to the removal and disposal of the existing bridge, including any liabilities or potential liabilities incidental thereto; (ii) the retirement of any outstanding debt for which toll revenue from the existing bridge is pledged; (iii) the distribution of proceeds from any salvage value of the existing bridge; (iv) the disposition of any property, equipment, or other assets incidental to the existing bridge; (v) mitigation of impacts to existing bridge operations; and (vi) such other matters as the commission and owner of the existing bridge may determine.
(3) For purposes of the acquisition, design, construction, installation, operation, or maintenance of the bridge, or any combination thereof, the commission, without any prior or subsequent authorization, approval, or concurrence by any state, local government, or any other governmental entity of either state, may enter into any combination of contracts, agreements, or other arrangements with any one or more private entities or units of government, or any combination thereof, as the commission may elect including, but not limited to, any alternative or supplemental public works contract such as design-build and construction manager-general contractor contracts, public-private partnership agreement, lease agreement, franchise agreement, or financing agreement, and may include such terms and conditions as permitted under the constitutions of both states and the parties may agree to.
(4) As part of the construction of a bridge, the commission shall demolish, remove, and dispose of the applicable existing bridge in accordance with all applicable environmental permits and the terms of an agreement between the commission and owner of the existing bridge. Unless otherwise agreed to by the owner of the existing bridge, the proceeds from the sale of any salvaged materials from the existing bridge shall be owing to such owner.
(5) A commission is deemed a municipal corporation for the purposes of RCW 82.04.050(10), and therefore the public road construction exemption under RCW 82.04.050(10) shall apply to taxes otherwise owing from construction of a bridge. Subject to RCW 47.87.150, the commission may apply for a deferral of all state and local sales and use taxes incurred from construction of a bridge that are not relieved by the public road construction exemption.
[ 2022 c 89 s 9.]

catchline: Bridge design and construction.


title: RCW 47.87.100

text:
(1) The board shall have the exclusive power to enact and enforce such rules and regulations as the board may elect for the use, operations, maintenance, inspection, and preservation of any bridge owned or operated by the commission, including limiting loads permitted on the bridge and closing the bridge to any traffic deemed unsafe by the commission, provided the commission shall comply with all state and federal regulations generally applicable to bridge operations, maintenance, safety, and inspections.
(2) Any facility or property owned, leased, operated, or controlled by the commission may be operated by the commission directly, or by another public or a private entity pursuant to a contract, lease, or agreement that is subject to such terms and conditions as the board may determine.
(3) Compensation to a contractor under an operating contract may be in the form of a payment by the commission to the contractor for services rendered, a payment by the contractor to the commission for the rights to operate the facility or property, or such other arrangements as the board may elect.
(4) A state agency or local government may pledge or grant revenue or other assistance to support or guaranty, in whole or part, the repayment of debt, costs of operations, or capitalization of reserves of the commission under such terms as the commission and the state agency or local government may agree, and the commission may accept such assistance.
[ 2022 c 89 s 10.]

catchline: Rules and regulations—Compensation to contractor—Revenue, other assistance.


title: RCW 47.87.110

text:
(1) The commission may, from time to time, without the necessity of any assent by electors, local governments, or any other governmental entity, issue or enter into revenue bonds or other debt instruments paid from or secured by all or any revenues available to the commission in one or more series, and such amounts, maturities, denominations, and forms, with such insurance, credit enhancements, or other guarantees, and with such other terms and provisions as the board may determine.
(2) If the applicable laws pursuant to RCW 47.87.130 are those of the state of Washington, the commission may from time to time issue and sell:
(a) Revenue bonds or other debt instruments on the same basis as a local government in accordance with chapter 39.46 RCW, provided, notwithstanding RCW 39.46.070(1), such bonds or other debt instruments issued by the commission for the construction of a bridge under chapter 89, Laws of 2022 may include capitalized interest for up to 72 months from the date of issuance;
(b) Debt instruments to refund outstanding debt instruments on the same basis as a public body under the refunding bond act, chapter 39.53 RCW; and
(c) Short-term obligations on the same basis as a municipal corporation in accordance with chapter 39.50 RCW.
(3) The commission may enter into one or more agreements with a federal agency for grants, loans, advances, credit enhancements, or other contributions subject to the applicable federal law, and need not comply with contrary state statutes that may otherwise apply.
(4) For the benefit of any holders of bonds or debt instruments that are outstanding or otherwise authorized by the commission:
(a) The board shall continue in effect toll rates and other charges that satisfy the provisions of chapter 89, Laws of 2022 and the covenants made by the commission, and shall not take any action or inaction to impair its ability to do so; and
(b) The state of Washington, or any political subdivision, district, or municipality thereof, shall not take any action that impairs, diminishes, or affects adversely the interest and rights of the holders of bonds or debt instruments of the commission.
[ 2022 c 89 s 11.]

catchline: Revenue bonds or other debt instruments.


title: RCW 47.87.120

text:
Notwithstanding anything in the laws of either state to the contrary, the commission shall not be required to pay any tax or assessment, or any in lieu of tax or assessment, by either state, or by any political subdivision, municipality, or district thereof including, but not limited to, any property tax, sales and use tax, or other tax or assessment upon real or personal property acquired or otherwise under the control of the commission, or upon any activity or expenditure of the commission, or upon the revenues of the commission, except to the extent that a municipal corporation would be subject to such a tax or assessment.
[ 2022 c 89 s 12.]

catchline: Taxes or assessments.


title: RCW 47.87.130

text:
(1) The commission shall be governed by applicable federal law, this chapter, rules adopted by the board under this chapter, and in the manner of a municipal corporation under the following state and local laws:
(a) Except as provided in (b) and (c) of this subsection, the commission and its board, officials, employees, and agents, shall be governed by the laws of the primary place of business. Such laws include, but are not limited to, laws pertaining to local government audits, financial administration, and accounting requirements; public records; prohibitions on using facilities for campaign purposes; open public meetings; the code of ethics for municipal officers; the rights of public employees; and local government whistleblower protection.
(b) The real estate transactions of, and exercise of eminent domain by, the commission, including relocation assistance; compliance with land use, environmental, and building codes; and such other actions of the commission pertaining to the ownership, control, or use of a particular property site or area as the board may determine by rule shall be governed by the laws of the state and local government within which the particular property site or area is situated.
(c) If there is a conflict between a provision of an otherwise applicable state or local law and a provision of this chapter, this chapter shall govern, and the conflicting provision in state or local law is inapplicable to the commission.
(2) The court of original jurisdiction for any action brought by or against the commission is the court designated pursuant to applicable law.
[ 2022 c 89 s 13.]

catchline: Governance.


title: RCW 47.87.140

text:
(1) The grantee for any federal, state, or local grant for a bridge owned or to be owned by the commission that was awarded before the formation date of the commission shall remain the grantee until such grant is closed under the terms of the grant agreement, unless otherwise agreed to by the grantee and the commission. The governing body of the grantee shall oversee the work under the grant, however, the grantee shall coordinate with the commission, and not take any actions inconsistent with the policy direction of the commission, unless required by the terms of the grant agreement. Following the formation date of the commission, the commission shall be the applicant and grantee for all federal, state, or local grants for the bridge, unless the commission otherwise agrees. The commission shall establish procedures for the timely coordination of its activities with the states and local governments.
(2) The departments of transportation and local governments are authorized to enter agreements with the commission to furnish it with surveys, engineering, plans, and specifications, construction management, project controls, operations, administration, and other technical services, the cost of which shall be reimbursed by the commission.
(3) The commission may fund its activities before the receipt of tolls or other charges in any manner permitted by applicable law including, but not limited to:
(a) Borrowing funds from the federal government, either or both states, any local government, or any combination thereof, and repaying such borrowings following the opening of the bridge with the proceeds of tolls and other charges for use of the bridge, or in such other manner as the parties may agree;
(b) Being a direct grantee of any federal, state, or local government grant; and
(c) Receiving moneys as a subrecipient of a federal, state, or local government grant for which a department or local government is the grantee. To the extent permitted by the grant agreement, the departments of transportation and local governments may enter into agreements with the commission to make any portion of such grant funds available to the commission under such terms and conditions as the parties may agree to.
(4) The commission may from time to time assign or otherwise convey any of its properties, facilities, funds, accounts, obligations, or duties to any department, local government, or combination thereof, provided such assignment or conveyance does not in any manner impair or affect adversely the interests or rights of the holders of any bonds or other debt instruments of the commission, and the department or local government may, in its discretion, accept such assignment or conveyance.
(5) The commission may be dissolved as follows:
(a) Before the issuance of any bonds or other debt instrument of the commission, the board may enact a resolution to dissolve the commission at any time it determines the dissolution is in the public interest. The dissolution resolution shall address the methods by which all liabilities and obligations of the commission will be satisfied before the effective date of the dissolution, provided that all liabilities incurred by the commission shall be satisfied exclusively from the assets and properties of the commission and no creditor or other person shall have any right of action against any local government that formed the commission on account of any debts, obligations, or liabilities of the commission. The dissolution resolution shall also address the distribution and transference to local governments of any properties or other assets of the commission that may remain after the satisfaction of all commission liabilities, and such other matters as the board may elect. A resolution to dissolve the commission may not take effect until at least a majority of the local governments in each state agree in writing to the resolution; and
(b) Following the issuance of any bonds or other debt instruments of the commission, or in the event of the insolvency of the commission, the superior court or circuit court of the county of the primary place of business shall have jurisdiction and authority to appoint trustees or receivers of commission property and assets and supervise such trusteeship or receivership, provided that all liabilities incurred by the commission shall be satisfied exclusively from the assets and properties of the commission and no creditor or other person shall have any right of action against any local government that formed the commission on account of any debts, obligations, or liabilities of the commission. In the event the commission is dissolved and properties or assets of the commission remain after the satisfaction of all of its outstanding debts, obligations, or liabilities, the remaining property and assets of the commission shall be transferred to local governments in accordance with an order issued by the superior court or circuit court of the county of the primary place of business. The allocation and transfer of the remaining properties and assets of the commission to local governments shall be in such manner as the court determines is equitable and serves the public interest.
[ 2022 c 89 s 14.]

catchline: Grantees—Agreements—Funding of activities—Assignment, conveyance—Commission may be dissolved.