wa-law.org > bill > 2023-24 > SB 5162 > Substitute Bill
The transportation budget of the state is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes, including the payment of any final judgments arising out of such activities, for the period ending June 30, 2025.
Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this act.
"Fiscal year 2024" or "FY 2024" means the fiscal year ending June 30, 2024.
"Fiscal year 2025" or "FY 2025" means the fiscal year ending June 30, 2025.
"FTE" means full-time equivalent.
"Lapse" or "revert" means the amount shall return to an unappropriated status.
"Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
"Reappropriation" means appropriation and, unless the context clearly provides otherwise, is subject to the relevant conditions and limitations applicable to appropriations.
"LEAP" means the legislative evaluation and accountability program committee.
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
FOR THE OFFICE OF FINANCIAL MANAGEMENT
FOR THE STATE PARKS AND RECREATION COMMISSION
The appropriations in this section are subject to the following conditions and limitations:
Except as provided in subsection (2) of this section, the appropriations in this section are provided solely for road maintenance purposes.
$1,000 of the multimodal transportation account—state appropriation is provided solely for the commission to install a sign in memory of Zachary Lee Rager on or near the bridge on the Willapa trail that crosses the Chehalis river near old highway 603 providing information about the hazards of cold water shock related to diving or jumping off the bridge.
FOR THE DEPARTMENT OF AGRICULTURE
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
The appropriation in this section is subject to the following conditions and limitations: The entire appropriation in this section is provided solely for increasing the number of certified women and minority-owned contractors in the transportation sector.
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
The appropriation in this section is subject to the following conditions and limitations: $300,000 of the multimodal transportation account—state appropriation is provided solely for the joint legislative audit and review committee to conduct an independent review of the usage of triple trailer commercial vehicle configurations.
As part of the review, the committee must:
Consult with at least seven industry motor carriers, including five national carriers and two regional carriers, that operate triple trailer configurations to gather vehicle miles traveled, collisions and causes of collisions for each trailer configuration operated, power unit vehicle miles traveled saved by triple trailer usage, employee displacement and classification changes, and estimated carbon reductions resulting from triple trailer usage; and
Evaluate, at a minimum, triple trailer usage in other states to include requirements pertaining to permitting, operator and vehicle licensing, and equipment and infrastructure, with a five-year comparison of collision and safety related data pertaining to the operation of triple trailers in allowable states as compared to all other allowable commercial vehicle trailer configurations.
The review must include:
Details of triple trailer operations by motor carriers to identify unique dependencies placed on public infrastructure for parking, enforcement, inspection, and travel routes;
Consultation with commercial vehicle enforcement entities in states that allow the use of triple trailer configurations to determine challenges to enforcement, safety, and expedient traffic flow; and
A review of federal ISTEA freeze variances that have occurred since 1991, including changes in the 2015 FAST act, that can be utilized to gain federal approval for a pilot or operation of triple trailer configurations in Washington state.
The committee must report to the transportation committees of the legislature best practices that would benefit Washington state in the operation of triple trailer configurations, and any recommendations for further legislative and policy actions by September 1, 2024.
FOR THE DEPARTMENT OF COMMERCE
The appropriations in this section are subject to the following conditions and limitations:
$220,000 of the electric vehicle account—state appropriation is provided solely to the department to commission an independent study, based on the findings of the transportation electrification strategy authorized under RCW 43.392.040, of costs of installation, maintenance, and operation of electrical distribution infrastructure on the utility's side of the meter to commercial customers installing electric vehicle supply equipment. The department shall gather data from at least five electric utilities serving retail customers in the state for purposes of completing the study. The department shall submit a report of study findings and an explanation of how those findings will support implementation of the transportation electrification strategy authorized under RCW 43.392.040 to the governor and appropriate legislative committees by November 1, 2024.
$535,000 of the multimodal transportation account—state appropriation is provided solely for implementation of chapter . . . (Engrossed Substitute Senate Bill No. 5466), Laws of 2023 (transit-oriented development). If chapter . . . (Engrossed Substitute Senate Bill No. 5466), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
FOR THE BOARD OF PILOTAGE COMMISSIONERS
The appropriation in this section is subject to the following conditions and limitations: The board of pilotage commissioners shall file the annual report to the governor and chairs of the transportation committees required under RCW 88.16.035(1)(f) by September 1, 2023, and annually thereafter. The report must include the continuation of policies and procedures necessary to increase the diversity of pilots, trainees, and applicants, including a diversity action plan. The diversity action plan must articulate a comprehensive vision of the board's diversity goals and the steps it will take to reach those goals.
FOR THE OFFICE OF THE GOVERNOR
The appropriation in this section is subject to the following conditions and limitations: $750,000 of the state patrol highway account—state appropriation is provided solely to the state office of equity to contract with an independent consultant to conduct the studies, evaluations, and reporting functions required in RCW 43.06D.060.
FOR THE ATTORNEY GENERAL
The appropriation in this section is subject to the following conditions and limitations:
$500,000 of the motor vehicle account—state appropriation is provided solely for the antitrust division of the attorney general's office to convene a work group to examine consumer motor vehicle fuel pricing in Washington state.
$100,000 of the motor vehicle account—state appropriation is provided solely for an interagency agreement with the department of licensing for staff support and assistance related to the work group established under subsection (1) of this section.
The membership of the work group established under subsection (1) of this section must include, but is not limited to:
The chair and ranking member of the transportation committees of the legislature;
Representatives of the department of licensing, the department of commerce, the department of ecology, and the office of financial management;
Fuel refineries, distributors, suppliers, and retail establishments; and
Academic experts and consumer advocacy organizations with knowledge and expertise in fuel pricing.
The work group established under subsection (1) of this section must review issues to include, but not be limited to:
Previous studies and evaluations of fuel pricing in Washington state, including an update of the 2007-08 Gas Price Study through 2022 as deemed appropriate by the work group;
Trends in fuel pricing in Washington state;
Factors causing fuel prices in Washington state to be higher than the national average and how these factors have changed over time;
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Margins and profits at the fuel production, distribution, and retail levels;
Information provided pursuant to (d)(i) of this subsection must be kept confidential and is exempt from disclosure under chapter 42.56 RCW. Such information must be aggregated to ensure confidentiality, but may be utilized in summarized form as part of the work group process and in the final report under subsection (5) of this section;
State tax policies, environmental protections, and regulatory factors that may impact fuel pricing and make the state's fuel marketplace more or less competitive;
Supply dynamics affecting the fuel markets in Washington state; and
Potential reporting and audit requirements that would make fuel pricing more transparent to Washington state consumers.
The attorney general's office must report its findings and recommendations to the governor's office and the appropriate policy and fiscal committees of the legislature by December 1, 2024.
FOR THE UNIVERSITY OF WASHINGTON
The appropriation in this section is subject to the following conditions and limitations: $2,000,000 of the multimodal transportation account—state appropriation is provided solely for the University of Washington's sidewalk inventory and accessibility mapping project to develop a public dataset under an open license and develop the tools needed to publish that data according to an open data specification. The project must include, but is not limited to, utilization of existing data sources, imagery, detailed surveys, and manually collected, detailed data for city streets, county rural and urban local access roads and collectors/arterials, state roads of all types, and roads owned by other entities. The project may draw on partially developed sidewalk data for all state facilities. To the extent practicable, the final product must be suitable for use by the department of transportation, local and regional agencies, tribal governments, and the general public. For the 2023-2025 fiscal biennium, geographic preference must be given to the 16 statewide locations the department of ecology has identified as overburdened and highly impacted by air pollution. A report summarizing mapping project progress is due to the transportation committees of the legislature by December 1, 2024.
FOR WASHINGTON STATE UNIVERSITY
The appropriation in this section is subject to the following conditions and limitations: $100,000 of the multimodal transportation account—state appropriation is provided solely for Washington State University to study the potential impacts that current licensing requirements, including training hours, and testing may have on the shortage of commercial drivers, with a focus on public transit operators. The study must provide a comprehensive review and recommendations for improving the state's commercial driver training and certification, including:
A review of standards that identify federal mandates for transit operator training;
The department of licensing's interpretation of the federal mandates and what constitutes an additive standard not required by federal mandates;
Identifying areas for streamlining state training requirements;
Reviewing similarities and differences of at least five states on their training and certification of commercial drivers; and
Identifying challenges and issues for transit agencies regarding current training, notice, department response, certification, and commercial drivers licensing standards and what adjustments may be warranted to help alleviate the shortage of public transit operators.
FOR THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION—FOR GRANTS AND PASS THROUGH FUNDING
The appropriation in this section is subject to the following conditions and limitations: The entire driver's education safety improvement account—state appropriation is provided solely for the implementation of chapter . . . (Engrossed Substitute Senate Bill No. 5583), Laws of 2023 (improving young driver safety). If chapter . . . (Engrossed Substitute Senate Bill No. 5583), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this section lapses.
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
The appropriation in this section is subject to the following conditions and limitations: The entire motor vehicle account—state appropriation is provided solely for the implementation of chapter . . . (Senate Bill No. 5757), Laws of 2023 (transportation revenue forecast) or chapter . . . (Engrossed Substitute House Bill No. 1838), Laws of 2023 (transportation revenue forecast). If neither chapter . . . (Senate Bill No. 5757), Laws of 2023 or chapter . . . (Engrossed Substitute House Bill No. 1838), Laws of 2023 are enacted by June 30, 2023, the amount provided in this section lapses.
FOR THE WASHINGTON TRAFFIC SAFETY COMMISSION
The appropriations in this section are subject to the following conditions and limitations:
$400,000 of the Cooper Jones active transportation safety account—state appropriation is provided solely for grant projects or programs for bicycle, pedestrian, and nonmotorist safety improvement administered by the commission in consultation with the Cooper Jones active transportation safety council.
$485,000 of the highway safety account—state appropriation and $50,000 of the highway safety account—federal appropriation are provided solely to develop a statewide public awareness campaign to inform and educate Washington citizens about the slow down and move over law, RCW 46.61.212. The educational campaign must include the use of public service announcements and written and digital informative and educational materials distributed by reasonable means. The commission and the department of licensing, working independently or in collaboration, or both, shall develop the public awareness campaign using any available resources, as well as federal and other grant funds that may, from time to time, become available for this purpose.
Within existing resources, the commission must examine national safety reports and recommendations on alcohol and drug impaired driving and report to the transportation committees of the legislature, by December 15, 2023, any recommendations for legislative or policy changes to improve traffic safety in Washington state.
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$235,500 of the Cooper Jones active transportation safety account—state appropriation is provided solely for the commission to conduct research pertaining to the issue of street lighting and safety, including a public input component and learning from counties, cities, the state, and other impacted entities. Research may include the following:
Interviewing additional local and regional roads departments, water-sewer districts, and other utility services to gather a holistic data set or further input on which authority assumes primary responsibility for street illumination in various underserved areas throughout the state;
Systematically soliciting information from communities with poor street illumination and lighting to gather input as to whether this is an issue the community would like to see improved;
Conferring with regional and state-level police, fire, and emergency medical services to assess and document potential delays in emergency response times due to poor street illumination;
Further assessing the impact of using LED lights in roadway and pedestrian scale lighting in reducing carbon emissions and light pollution throughout the United States; and
Subject to more in-depth findings, convening a meeting with appropriate state, regional, and local stakeholders and community partners.
The commission must report research results and provide any recommendations for legislative or policy action to the transportation committees of the legislature by January 1, 2025.
Within existing resources, the commission, through the Cooper Jones active transportation safety council, must prioritize the review of pedestrian, bicyclist, or nonmotorist fatality and serious injury review when the victim is a member of a federally recognized tribe. Consistent with RCW 43.59.156(5), the commission may recommend any policy or legislative changes to improve traffic safety for tribes through such review.
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$400,000 of the motor vehicle account—state appropriation is provided solely for the commission to establish a pilot program to evaluate the outcomes and effectiveness of oral fluid roadside information used as part of the enforcement of driving under the influence laws. The commission, in cooperation with the Washington state patrol and associations representing local law enforcement agencies, must select a minimum of 10 locations to implement the pilot program as part of the field sobriety evaluation used in the investigation of suspected violations of driving under the influence laws. Pilot program locations must be initiated by March 1, 2024. The commission, in cooperation with the Washington state patrol and associations representing local law enforcement agencies, must establish specific requirements for pilot program locations including, but not limited to:
Selection of the most valid and reliable oral fluid test instrument to be used;
Training for the law enforcement officers allowed to administer the test; and
Required measures to protect personally identifying information and test results.
By June 30, 2025, the commission must submit a report detailing the results of the pilot program to the appropriate policy and fiscal committees of the legislature.
Within existing resources, the commission must review and report to the transportation committees of the legislature, by December 15, 2023, on strategies and technologies used in other states to prevent and respond to wrong-way driving crashes.
FOR THE COUNTY ROAD ADMINISTRATION BOARD
The appropriations in this section are subject to the following conditions and limitations: Within appropriated funds, the county road administration board may opt in as provided under RCW 70A.02.030 to assume all of the substantive and procedural requirements of covered agencies under chapter 70A.02 RCW. The board shall include in its 2023 and 2024 annual reports to the legislature a progress report on opting into the healthy environment for all act and a status report on diversity, equity, and inclusion within the board's jurisdiction.
FOR THE TRANSPORTATION IMPROVEMENT BOARD
The appropriation in this section is subject to the following conditions and limitations: Within appropriated funds, the transportation improvement board may opt in as provided under RCW 70A.02.030 to assume all of the substantive and procedural requirements of covered agencies under chapter 70A.02 RCW. The board shall include in its 2023 and 2024 annual reports to the legislature a progress report on opting into the healthy environment for all act and a status report on diversity, equity, and inclusion within the board's jurisdiction.
FOR THE JOINT TRANSPORTATION COMMITTEE
The appropriations in this section are subject to the following conditions and limitations:
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$250,000 of the motor vehicle account—state appropriation is for the joint transportation committee, from amounts set aside out of statewide fuel taxes distributed to cities according to RCW 46.68.110(2), to convene a study of a statewide retail delivery fee on orders of taxable retail items delivered by motor vehicles within the state. The study must:
Determine the annual revenue generation potential of a range of fee amounts;
Examine options for revenue distributions to state and local governments based upon total deliveries, lane miles, or other factors; and
Estimate total implementation costs, including start-up and ongoing administrative costs.
The study should document and evaluate similar programs adopted in other states. The joint transportation committee must submit a report on the study to the transportation committees of the legislature by June 30, 2024.
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$350,000 of the multimodal transportation account—state appropriation is for the joint transportation committee to assess and make recommendations to the transportation committees of the legislature on the status of the workforce pipeline for commercial driver's license (CDL) operators and mechanics in the transit, highway maintenance, and maritime sectors across the state. The assessment must, but is not limited to:
Identify barriers to entry for prospective CDL or mechanic candidates;
Examine existing programs that may be scaled to serve a greater number of candidates;
Highlight existing programs that may be replicated by transit agencies statewide; and
Recommend state policy changes or investments that may accelerate the growth of CDL operators and mechanics.
A report on the assessment and recommendations is due to the legislature by December 1, 2024.
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$400,000 of the motor vehicle account—state appropriation is for the joint transportation committee, in collaboration with the department of transportation, to convene a work group to study and recommend a new statutory framework for the department's public-private partnership program. The committee may contract with a third-party consultant for work group support and drafting the new statutory framework.
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(A) The secretary of transportation or their designee;
(B) Joint transportation committee executive committee members or their designees;
(C) The state treasurer or the state treasurer's designee;
(D) A representative of a national nonprofit organization specializing in public-private partnership program development;
(E) A representative of the construction trades; and
(F) A representative from an organization representing general contractors.
ii. The work group must also consult with the Washington state transportation commission and the department of commerce.
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i. The work group must review the 2012 joint transportation committee's "Evaluation of Public-Private Partnerships" study, consisting of an evaluation of the recommendations for replacing chapter 47.29 RCW and development of a process for implementing public-private partnerships that serve the defined public interest, including, but not limited to:
(A) Protecting the state's ability to retain public ownership of assets constructed or managed under a public-private partnership contract;
(B) Allowing for the most transparency during the negotiation of terms of a public-private partnership agreement; and
(C) Addressing the state's ability to oversee the private entity's management of the asset.
ii.(A) The work group must identify any barriers to the implementation of funding models that best protect the public interest, including statutory and constitutional barriers.
(B) The work group may also evaluate public-private partnership opportunities for required fish passage and culvert work on state highways, and for the construction of, replacement of, or commercial retail options within Washington state ferries' terminals.
iii. The work group must update the 2012 recommendations and devise an implementation plan for the state.
d. The work group must submit a preliminary report, including any recommendations or draft legislation, to the office of the governor and the transportation committees of the legislature by December 15, 2023. The work group must submit a final report with draft legislation to the office of the governor and the transportation committees of the legislature by July 1, 2024.
FOR THE TRANSPORTATION COMMISSION
The appropriations in this section are subject to the following conditions and limitations:
$125,000 of the multimodal transportation account—state appropriation and $125,000 of the motor vehicle account—state appropriation are provided solely for the commission to update the statewide transportation plan required under RCW 47.01.071(4). The update process must be informed by guidance from a steering committee comprised of the commission, the joint transportation committee's executive committee, the governor's office, the secretary of the department of transportation, and representatives of metropolitan and regional transportation planning organizations. As part of the update process, the commission shall undertake specific actions in the following order:
Conduct stakeholder outreach, gathering input, and framing the outreach around the current plan's policy construct and high level priorities, the 2022 transportation revenue package, and recently enacted significant policy legislation;
Report outreach findings and results to the joint transportation committee for review and input;
Restructure the plan to (i) primarily focus on high level policy priorities within the six transportation policy goals under RCW 47.04.280 and (ii) align policies, strategies, and objectives with the interests of stakeholders and legislators;
Gather further input from stakeholders and the joint transportation committee on the restructured plan's format and content; and
Finalize the updated plan, based upon input from stakeholders and the joint transportation committee.
The legislature finds that the current balance of and projected revenues into the Alaskan Way viaduct replacement project account are sufficient to meet financial obligations during fiscal years 2024 and 2025.
Within the parameters established under RCW 47.56.880, the commission shall review toll revenue performance on the Interstate 405 and state route number 167 corridor and adjust Interstate 405 tolls as appropriate to increase toll revenue to provide sufficient funds for payments of future debt pursuant to RCW 47.10.896 and to support improvements to the corridor. The commission shall consider adjusting maximum toll rates, minimum toll rates, and time-of-day rates, and restricting direct access ramps to transit and HOV vehicles only, or any combination thereof, in setting tolls to increase toll revenue. The commission is encouraged to make any adjustments to toll rates in coordination with the planned expansion of express toll lanes between the cities of Renton and Bellevue.
$500,000 of the motor vehicle account—state appropriation is provided solely for the commission to conduct a route jurisdiction study aimed at assessing the current state highway inventory and local roadway designations to determine if changes are needed in jurisdictional assignment between the state, county, and city road systems. The study must also review current criteria used to define the state highway system to determine if such criteria continue to be applicable. The commission shall submit a report of study findings and recommendations to the transportation committees of the legislature by July 1, 2025.
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$37,000 of the Interstate 405 and state route number 167 express toll lanes account—state appropriation, $86,000 of the state route number 520 corridor account—state appropriation, $46,000 of the Tacoma Narrows toll bridge account—state appropriation, and $31,000 of the Alaskan Way viaduct replacement project account—state appropriation are provided solely for the commission to oversee a survey to assess public attitudes regarding a potential low-income tolling program for qualifying drivers.
The survey must gather input on the potential value of a toll discount program for qualifying drivers, and potential barriers to participation in such a program. This input will support identification of potential options for toll discounts or credits and other potential benefits to pair with toll discounts or credits and inform the design of a possible future program. The commission must contract for administration of the survey with the center for economic and business research at Western Washington University.
The commission must engage with members of the public who are interested in a potential low-income tolling program, including persons from communities of color, low-income households, vulnerable populations, and displaced communities. Input from members of the public must inform the design of the survey questionnaire and methodology. The commission must notify members of the public of opportunities to engage through a variety of communication channels including, but not limited to, the following: Outreach through community organizations, print and broadcast media, and social media.
The results and findings from this survey research must be submitted to the transportation committees of the legislature by December 31, 2023.
As part of the pilot program authorized under section 209(6) of this act, the commission shall set a schedule of toll rates, not to exceed 50 cents per trip, to generate revenue sufficient to provide for the cost of maintenance of the three state route number 520 eastside lids and surrounding areas at Evergreen Point Road, 84th Avenue NE, and 92nd Avenue NE.
The commission may coordinate with the department of transportation to jointly seek federal funds available through the federal strategic innovations in revenue collection grant program, applying toll credits for meeting match requirements.
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
The appropriation in this section is subject to the following conditions and limitations: Within appropriated funds, the freight mobility strategic investment board may opt in as provided under RCW 70A.02.030 to assume all of the substantive and procedural requirements of covered agencies under chapter 70A.02 RCW. The board shall include in its 2023 and 2024 annual reports to the legislature a progress report on opting into the healthy environment for all act and a status report on diversity, equity, and inclusion within the board's jurisdiction.
FOR THE WASHINGTON STATE PATROL
The appropriations in this section are subject to the following conditions and limitations:
$580,000 of the state patrol highway account—state appropriation is provided solely for the operation of and administrative support to the license investigation unit to enforce vehicle registration laws in southwestern Washington. The Washington state patrol, in consultation with the department of revenue, shall maintain a running estimate of the additional vehicle registration fees, sales and use taxes, and local vehicle fees remitted to the state pursuant to activity conducted by the license investigation unit. Beginning October 1, 2023, and quarterly thereafter, the Washington state patrol shall submit a report detailing the additional revenue amounts generated since July 1, 2023, to the director of the office of financial management and the transportation committees of the legislature. At the end of the fiscal quarter in which it is estimated that more than $625,000 in state sales and use taxes have been remitted to the state since July 1, 2023, the Washington state patrol shall notify the state treasurer and the state treasurer shall transfer funds pursuant to section 406 of this act.
Washington state patrol officers engaged in off-duty uniformed employment providing traffic control services to the department of transportation or other state agencies may use state patrol vehicles for the purpose of that employment, subject to guidelines adopted by the chief of the Washington state patrol. The Washington state patrol must be reimbursed for the use of the vehicle at the prevailing state employee rate for mileage and hours of usage, subject to guidelines developed by the chief of the Washington state patrol.
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By December 1st of each year during the 2023-2025 fiscal biennium, the Washington state patrol must report to the transportation committees of the legislature on the status of recruitment and retention activities as follows:
A summary of recruitment and retention strategies;
The number of transportation funded staff vacancies by major category;
The number of applicants for each of the positions by these categories;
The composition of workforce;
Other relevant outcome measures with comparative information with recent comparable months in prior years; and
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$5,825,000 of the state patrol highway account—state appropriation is provided solely for the land mobile radio system replacement, upgrade, and other related activities.
Funding is not provided for the six-year replacement of individual portable radios and mobile car radios at this time. Before requesting funding as part of future agency budget submittals for this component of the land mobile radio project, the state patrol, in consultation with the office of the chief information officer, must conduct a technical feasibility analysis and cost comparison between potential project vendors to determine that the recommended vendor will result in the most cost-effective project delivery, while maintaining interoperability with other radio systems and ensure maximum radio coverage. A report detailing the results and recommendations from these requirements must be submitted to the office of financial management and the transportation committees of the legislature by November 1, 2023.
Beginning January 1, 2024, the Washington state patrol must report semiannually to the office of the chief information officer on the progress related to the projects and activities associated with the land mobile radio system, including the governance structure, outcomes achieved in the prior six-month time period, and how the activities are being managed holistically as recommended by the office of the chief information officer. At the time of submittal to the office of the chief information officer, the report must be transmitted to the office of financial management and the transportation committees of the legislature.
The appropriations in this section provide sufficient funding for state patrol staffing assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
$2,072,000 of the state patrol highway account—state appropriation is provided solely for enhancing the state patrol's diversity, equity, and inclusion program and contracting with an external psychologist to perform exams. The state patrol will work with the governor's office of equity and meet all reporting requirements and responsibilities pursuant to RCW 43.06D.060 and expand its community engagement program.
$493,000 of the state patrol highway account—state appropriation is provided solely for the replacement aerial criminal investigation tools and related costs. This funding is subject to the conditions, limitations, and review requirements of section 701 of this act, and may not be used to purchase, acquire, or otherwise use an unmanned aircraft or unmanned aircraft system produced by a manufacturer of covered equipment, systems, or services pursuant to section 889 of the John S. McCain national defense authorization act for fiscal year 2019 (P.L. 115–232) or as amended by subsequent acts of the United States congress or federal administrative rule making.
$1,564,000 of the state patrol highway account—state appropriation is provided solely for vehicle identification number inspection staff to reduce the backlog of inspections. By October 1, 2024, the state patrol must submit a report detailing the progress on reducing the inspection backlog and related activities to the office of financial management and the transportation committees of the legislature.
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$10,000 of the state patrol highway account—state appropriation is provided solely for the Washington state patrol to administer a pilot program that implements a yellow alert system notifying the public when a hit-and-run accident resulting in a fatality or substantial bodily harm has occurred and been reported to the state patrol or other local law enforcement entity. The Washington state patrol must post on traffic message boards or share on public communication systems any identifying information acquired including, but not limited to, a complete or partial license plate number or a description of the vehicle. Each alert must be posted or shared as such for at least 24 hours.
The Washington state patrol must report the following to the transportation committees of the legislature annually until June 30, 2025:
The number of yellow alerts received;
The number of arrests made from accidents reported on the yellow alert system;
The number of hit-and-run accidents resulting in a fatality or substantial bodily harm statewide;
The number of arrests made from accidents described under (b)(iii) of this subsection; and
The number of hit-and-run accidents reported statewide.
The Washington state patrol must also report on the efficacy of the program and recommend in its final report if the pilot program should continue or be enacted on a permanent basis and implemented statewide, based on the results of the report.
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$1,870,000 of the state patrol highway account—state appropriation is provided solely for administrative costs, advertising, outreach, and bonus payments associated with developing and implementing a state trooper expedited recruitment incentive program for the purpose of recruiting and filling vacant trooper positions in the 2023-2025 fiscal biennium. The recruitment, advertising, and outreach associated with this program must continue efforts to create a more diverse workforce and must also provide an accelerated pathway for joining the state patrol for high quality individuals who have previously been employed as a general authority peace officer.
The state trooper expedited recruitment incentive program established by the Washington state patrol must include:
Thorough hiring procedures to ensure that only the highest quality candidates are selected as cadets and as lateral hires, including extensive review of past law enforcement employment history through extensive reference checks, Brady list identification, and any other issues that may impact the performance, credibility, and integrity of the individual.
An accelerated training program for lateral hires from other agencies that recognizes the knowledge and experience of candidates previously employed in law enforcement; and
A sign-on bonus for each trooper hired through the expedited recruitment incentive program as follows:
(A) $4,000 for each cadet after completion of the Washington state patrol academy;
(B) A bonus amount for each successful graduating cadet after completion of a one-year probation period based on any collectively bargained negotiated retention incentive bonus payment for commissioned staff;
(C) $8,000 for each lateral hire after completion of the accelerated training program for lateral hires;
(D) $6,000 for each lateral hire after completion of a one-year probation period; and
(E) $6,000 for each lateral hire after completion of two years of service.
c. The expenditure on the state trooper expedited recruitment incentive program is contingent upon execution of an appropriate memorandum of understanding between the governor or the governor's designee and the exclusive bargaining representative, consistent with the terms of this section. Expenditures and eligibility for the state trooper expedited recruitment incentive program established in this section are subject to the availability of amounts appropriated for this specific purpose.
d. For the purposes of this subsection:
i. "Cadet" means a person employed for the express purpose of receiving the on-the-job training required for attendance at the Washington state patrol academy and for becoming a commissioned trooper.
ii. "Lateral hire" means an eligible employee previously employed as a general authority peace officer.
$3,864,000 of the state patrol highway account—state appropriation is provided solely for implementation of chapter . . . (Engrossed Substitute Senate Bill No. 5272), Laws of 2023 (speed safety cameras). If chapter . . . (Engrossed Substitute Senate Bill No. 5272), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$500,000 of the state patrol highway account—state appropriation is provided solely for bonuses and other recruitment and retention-related compensation adjustments for communication officers and other noncommissioned staff of the Washington state patrol who are covered by a collective bargaining agreement. Funding in this subsection must first be used for targeted adjustments for communication officers. Remaining amounts may be used for compensation adjustments for other noncommissioned staff. Funding provided in this subsection is contingent upon the governor or the governor's designee reaching an appropriate memorandum of understanding with the exclusive bargaining representative. Agreements reached for compensation adjustments under this section may not exceed the amounts provided. If any agreement or combination of agreements exceed the amount provided in this subsection, all the agreements are subject to the requirements of RCW 41.80.010(3).
FOR THE DEPARTMENT OF LICENSING
The appropriations in this section are subject to the following conditions and limitations:
$1,100,000 of the highway safety account—state appropriation and $1,100,000 of the move ahead WA flexible account—state appropriation are provided solely for the department to provide an interagency transfer to the department of children, youth, and families for the purpose of providing more comprehensive driver's support to foster youth within existing resources. In addition to support services required under RCW 74.13.338(2), support services may include:
Reimbursement for the cost incurred by youth in foster care, foster parents, relative placements, or other foster placements adding a foster youth to his or her motor vehicle insurance policy, with a preference on reimbursements for those foster youth who practice safe driving and avoid moving violations and at-fault collisions.
Reimbursement of the cost of roadside assistance, car insurance deductibles, car tab renewals, car registration fees, AAA membership, gas cards, car maintenance, and comprehensive car insurance.
Reimbursement of any other costs related to obtaining a driver's license and driving legally and safely.
$3,924,000 of the move ahead WA flexible account—state appropriation is provided solely to establish two mobile licensing units to provide driver's licensing and identicard services to individuals outside of the typical license service office. By December 1, 2024, the department must submit a report to the governor and the transportation committees of the legislature detailing the locations served, the number and type of documents issued, and other outcome measures associated with the mobile licensing units.
$150,000 of the highway safety account—state appropriation is provided solely for the department to conduct a study on the feasibility of implementing a mobile application for driver licensing. The department must submit a report of the study findings and any recommendations to the governor and the transportation committees of the legislature by December 1, 2024. The study must:
Review the adoption actions in other states, including successes and lessons learned;
Examine existing technical infrastructure and potential changes needed to maximize interoperability, utility, and privacy protection;
Identify the technical investments and other costs associated with issuing digital drivers' licenses through a mobile application;
Identify how the technology may impact and can be used by external stakeholders, such as law enforcement;
Recommend any process changes required to implement the program successfully and ensure customer satisfaction; and
Recommend any statutory changes required to allow for the usage of digital drivers' licenses, including recognition of interstate travelers.
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$300,000 of the highway safety account—state appropriation is provided solely for the department to lead a study on the potential impacts of driver monitoring technology as an assessment tool to be used as part of driver education, intermediate licensure, restricted licensure, or identification of high-risk drivers. For purposes of this subsection, "driver monitoring technology" means an in-vehicle sensor linked to an application to track and record real-time driving data, with both immediate in-vehicle feedback and delayed retrospective feedback that would send such data to the department or the department's service provider, with the intent to modify driving behavior and improve road safety outcomes, including speeding, abrupt braking, harsh acceleration, hard cornering, and distracted driving.
The department must consult with the Washington traffic safety commission, office of equity, representatives of the driver training school industry, organizations representing young and older drivers, organizations representing underrepresented populations, and organizations representing businesses or government entities that support novice drivers in completing this study.
The department must report study findings as to the potential use of driver monitoring technology in licensing applications to the governor and the transportation committees of the legislature by December 1, 2024. The department must report study findings as to the feasibility of driver monitoring technology implementation, including which areas of licensing practices may benefit from driver monitoring technology, to the governor and transportation committees of the legislature by June 30, 2025.
$283,000 of the highway safety account—state appropriation is provided solely for the department, in consultation with the Washington traffic safety commission, department of health, the elder law section of the Washington state bar association, organizations representing older drivers, and driver rehabilitation specialists, to develop a comprehensive plan aimed at improving older driver safety. The department must submit a report on the comprehensive plan to the governor and the transportation committees of the legislature by December 1, 2024. The plan must include, but is not limited to:
A comprehensive review of department policies surrounding older drivers and medically at-risk drivers, including:
The medical assessment review process; and
The counter assessment process in licensing service offices;
A feasibility analysis of the department establishing a medical advisory board to advise on general policy for at-risk drivers, driving privileges for individual medically at-risk drivers, and an appeals process for drivers whose privileges are revoked or restricted due to medical conditions;
A recommended assessment tool to determine a driver's potential risk to themselves or others when operating a motor vehicle so the department may make informed decisions on appropriate courses of action within the older driver program;
A draft of the rules associated with the plan;
An implementation schedule for the components of the plan;
Detailed information on how each component of the plan improves the safety associated with older drivers, while preserving the maximum level of older driver independence and privacy; and
Any additional recommended statutory changes required to implement the plan.
$250,000 of the highway safety account—state appropriation is provided solely for the department to implement improvements to older driver traffic safety, which may include:
Developing a program where older drivers who voluntarily surrender their driver's license before or on its expiration date receive a no-cost identicard;
Reducing the length of time by which the driver's license of an older driver expires; and
Other recommendations from the department.
For purposes of subsections (5) and (6) of this section, "older driver" means a driver who is issued an original or renewed driver's license on or after the age of 70.
$5,499,000 of the motor vehicle account—state appropriation is provided solely for the department to upgrade and improve its prorate and fuel tax system, and is subject to the conditions, limitations, and review requirements of section 701 of this act. In each phase of the project, the department must ensure and document the increase in business capabilities and customer service outcomes, the improvements in fuel tax collection related information designed to resolve historical discrepancies in reporting information, and how the implementation plan mitigates risks associated with the proposed timeline and results in the sustainability of systems and platforms for the future. Before initiating the implementation phase of the project, the department must report to the office of the chief information officer on how the project meets its FAST act modernization roadmap, and vendor management and resource plans.
$16,000 of the motorcycle safety education account—state appropriation, $2,000 of the limited fish and wildlife account—state appropriation, $947,000 of the highway safety account—state appropriation, $308,000 of the motor vehicle account—state appropriation, $14,000 of the ignition interlock device revolving account—state appropriation, and $14,000 of the department of licensing services account—state appropriation are provided solely for the department to redesign and improve its online services and website, and are subject to the conditions, limitations, and review requirements in section 701 of this act.
$25,557,000 of the highway safety account—state appropriation is provided solely for costs necessary to accommodate increased demand for enhanced drivers' licenses and enhanced identicards. The department shall report on a quarterly basis on the use of these funds, associated workload, and information with comparative information with recent comparable months in prior years. The report must include detailed statewide and by licensing service office information on staffing levels, average monthly wait times, the number of enhanced drivers' licenses and enhanced identicards issued and renewed, and the number of primary drivers' licenses and identicards issued and renewed. By November 1, 2024, the department must prepare a report with recommendations on the future of licensing service office operations based on the recent implementation of efficiency measures designed to reduce the time for licensing transactions and wait times, and the implementation of statutory and policy changes during the pandemic.
For the 2023-2025 fiscal biennium, the department shall charge $1,336,000 for the administration and collection of a motor vehicle excise tax on behalf of a regional transit authority, as authorized under RCW 82.44.135. The amount in this subsection must be deducted before distributing any revenues to a regional transit authority.
$742,000 of the motor vehicle account—state appropriation is provided solely for the increased costs associated with improvements desired to resolve delays in the production of license plates, including converting all subagents to the standard ordering process as recommended in the December 2022 plate inventory report, and to provide updated annual reports detailing changes in license plate production, inventory, and other practices taken to guard against plate production delays. The reports must be submitted to the governor and the transportation committees of the legislature by December 1, 2023, and December 1, 2024.
$243,000 of the highway safety account—state appropriation is provided solely for the department to continue to provide written materials on, place signage in licensing service offices regarding, and include into new driver training curricula, the requirements of RCW 46.61.212, the slow down and move over law.
The appropriations in this section provide sufficient funding for the department of licensing assuming vacancy savings which may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
$3,082,000 of the abandoned recreational vehicle disposal account—state appropriation is provided solely for providing reimbursements in accordance with the department's abandoned recreational vehicle disposal reimbursement program. It is the intent of the legislature that the department prioritize this funding for allowable and approved reimbursements and not to build a reserve of funds within the account. During the 2023-2025 fiscal biennium, the department must report any amounts recovered to the office of financial management and appropriate committees of the legislature on a quarterly basis.
$1,077,000 of the highway safety account—federal appropriation is provided solely for implementation of chapter . . . (Senate Bill No. 5041), Laws of 2023 (CDL drug and alcohol clearinghouse) or chapter . . . (House Bill No. 1448), Laws of 2023 (CDL drug and alcohol clearinghouse). If neither chapter . . . (Senate Bill No. 5041), Laws of 2023 or chapter . . . (House Bill No. 1448), Laws of 2023 are enacted by June 30, 2023, the amount provided in this subsection lapses.
$116,000 of the highway safety account—state appropriation is provided solely for implementation of chapter . . . (Senate Bill No. 5251), Laws of 2023 (streamlining CDL issuance) or chapter . . . (House Bill No. 1058), Laws of 2023 (streamlining CDL issuance). If neither chapter . . . (Senate Bill No. 5251), Laws of 2023 or chapter . . . (House Bill No. 1058), Laws of 2023 are enacted by June 30, 2023, the amount provided in this subsection lapses.
$1,972,000 of the highway safety account—state appropriation and $1,276,000 of the driver's education safety improvement account—state appropriation are provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5583), Laws of 2023 (improving young driver safety). If chapter . . . (Substitute Senate Bill No. 5583), Laws of 2023 is not enacted by June 30, 2023, the amounts provided in this subsection lapse.
$180,000 of the motor vehicle account—state appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5504), Laws of 2023 (open motor vehicle safety recalls). If chapter . . . (Substitute Senate Bill No. 5504), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$1,206,000 of the motor vehicle account—state appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5326), Laws of 2023 (verification of motor vehicle insurance). If chapter . . . (Substitute Senate Bill No. 5326), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$497,000 of the highway safety account—state appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5112), Laws of 2023 (updating processes related to voter registration). If chapter . . . (Substitute Senate Bill No. 5112), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$29,000 of the motor vehicle account—state appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5333), Laws of 2023 (the state sport special license plate). If chapter . . . (Substitute Senate Bill No. 5333), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$29,000 of the motor vehicle account—state appropriation is provided solely for implementation of chapter . . . (Senate Bill No. 5590), Laws of 2023 (Mount St. Helens special license plate) or chapter . . . (House Bill No. 1489), Laws of 2023 (Mount St. Helens special license plate). If neither chapter . . . (Senate Bill No. 5590), Laws of 2023 or chapter . . . (House Bill No. 1489), Laws of 2023 are enacted by June 30, 2023, the amount provided in this subsection lapses.
$29,000 of the motor vehicle account—state appropriation is provided solely for implementation of chapter . . . (Senate Bill No. 5738) (LeMay special license plate) or chapter . . . (House Bill No. 1829), Laws of 2023 (LeMay special license plate). If neither chapter . . . (Senate Bill No. 5738), Laws of 2023 or chapter . . . (House Bill No. 1829), Laws of 2023 are enacted by June 30, 2023, the amount provided in this subsection lapses.
$29,000 of the highway safety account—state appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5347), Laws of 2023 (driver's abstract changes). If chapter . . . (Substitute Senate Bill No. 5347), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$47,000 of the highway safety account—state appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5440), Laws of 2023 (competency evaluations). If chapter . . . (Substitute Senate Bill No. 5440), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$23,000 of the highway safety account—state appropriation is provided solely for the implementation of chapter . . . (Senate Bill No. 5606), Laws of 2023 (illegal racing). If chapter . . . (Senate Bill No. 5606), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$155,000 of the highway safety account—state appropriation is provided solely for the implementation of chapter . . . (Substitute Senate Bill No. 5128), Laws of 2023 (jury diversity). If chapter . . . (Substitute Senate Bill No. 5128), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
FOR THE DEPARTMENT OF TRANSPORTATION—TOLL OPERATIONS AND MAINTENANCE—PROGRAM B
The appropriations in this section are subject to the following conditions and limitations:
$1,300,000 of the Tacoma Narrows toll bridge account—state appropriation and $12,484,000 of the state route number 520 corridor account—state appropriation are provided solely for the purposes of addressing unforeseen operations and maintenance costs on the Tacoma Narrows bridge and the state route number 520 bridge, respectively. The office of financial management shall place the amounts provided in this subsection, which represent a portion of the required minimum fund balance under the policy of the state treasurer, in unallotted status. The office may release the funds only when it determines that all other funds designated for operations and maintenance purposes have been exhausted.
As long as the facility is tolled, the department must provide annual reports to the transportation committees of the legislature on the Interstate 405 express toll lane project performance measures listed in RCW 47.56.880(4). These reports must include:
Information on the travel times and travel time reliability (at a minimum, average and 90th percentile travel times) maintained during peak and nonpeak periods in the express toll lanes and general purpose lanes for both the entire corridor and commonly made trips in the corridor including, but not limited to, northbound from Bellevue to Rose Hill, state route number 520 at NE 148th to Interstate 405 at state route number 522, Bellevue to Bothell (both NE 8th to state route number 522 and NE 8th to state route number 527), and a trip internal to the corridor (such as NE 85th to NE 160th) and similar southbound trips; and
Underlying congestion measurements, that is, speeds, that are being used to generate the summary graphs provided, to be made available in a digital file format.
$314,000 of the Interstate 405 and state route number 167 express toll lanes account—state appropriation, $734,000 of the state route number 520 corridor account—state appropriation, $315,000 of the Tacoma Narrows toll bridge account—state appropriation, and $413,000 of the Alaskan Way viaduct replacement project account—state appropriation are provided solely for the reappropriation of unspent funds on the new tolling back office system from the 2021-2023 fiscal biennium.
The department shall make detailed annual reports to the transportation committees of the legislature and the public on the department's website in a manner consistent with past practices as specified in section 209(5), chapter 186, Laws of 2022.
As part of the department's 2025-2027 biennial budget request, the department shall update the cost allocation recommendations that assign appropriate costs to each of the toll funds for services provided by relevant Washington state department of transportation programs, the Washington state patrol, and the transportation commission. The recommendations shall be based on updated traffic and toll transaction patterns and other relevant factors.
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The department shall oversee a pilot program to deploy advanced technologies to collect tolls on the westbound state route number 520 on-ramp at 84th Avenue NE beginning no later than December 31, 2023, and ending June 30, 2025. Tolls and other revenues received from the pilot program must be deposited into the state route number 520 corridor account to be used solely to provide for the cost of maintenance of the three state route number 520 eastside lids and surrounding areas at Evergreen Point Road, 84th Avenue NE, and 92nd Avenue NE. The pilot program must use advanced technologies that enable the installation of any required equipment and testing to be provided at no cost to the state of Washington; however, the department shall provide staff time to support the pilot program.
The pilot program shall utilize a system that provides:
Image capture technology;
Self-contained technology that does not require a connection to the department's communications and utilities;
A reduced physical footprint without using overhead infrastructure; and
A license plate accuracy rate of 99 percent or more to reduce the risk of vehicle misidentification.
By December 1, 2024, the department and the transportation commission shall provide a report to the transportation committees of the legislature on:
An assessment of how well the system was able to identify vehicles using the on-ramp;
Revenues generated by the pilot program;
Other lessons learned from the pilot program; and
Recommendations of whether to extend the pilot program or expand the use of advanced tolling technology on state highways.
FOR THE DEPARTMENT OF TRANSPORTATION—INFORMATION TECHNOLOGY—PROGRAM C
The appropriations in this section are subject to the following conditions and limitations:
$2,006,000 of the motor vehicle account—state appropriation is provided solely for hardware cost increases. Before any hardware replacement, the department, in consultation with WaTech, must further review leasing options.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
FOR THE DEPARTMENT OF TRANSPORTATION—FACILITY MAINTENANCE, OPERATIONS, AND CONSTRUCTION—PROGRAM D—OPERATING
The appropriations in this section are subject to the following conditions and limitations:
The appropriations in this section provide sufficient funding for the department assuming vacancy savings which may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
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(A) The development of low, medium, and high scenarios based on reducing space use, with the high space reduction scenario being based on a minimum of a 30 percent reduction by 2030;
(B) Detailed information on any increased capital and other implementation costs under each scenario;
(C) Detailed information on reduced costs, such as leases, facility maintenance, and utilities, under each scenario;
(D) An analysis of opportunities to collocate with other state, local, and other public agencies to reduce costs and improve cost-efficiency while meeting utilization standards; and
(E) An assessment of the commercial value and return to the state transportation funds associated with the sale of the property from consolidation and other space efficiency measures.
ii. The department must submit the implementation plan and final report from the detailed space study to the office of financial management and the transportation committees of the legislature by October 1, 2024.
b. Conducting the detailed space study under (a) of this subsection must not prevent or delay the department from meeting other space use and related requirements, or where warranted by current information or opportunities.
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION EQUIPMENT FUND—PROGRAM E
The appropriations in this section are subject to the following conditions and limitations:
$14,060,000 of the move ahead WA account—state appropriation is provided solely for the department's costs related to replacing obsolete transportation equipment and replacing fuel sites. Beginning January 1, 2024, and annually thereafter, the department must provide a report to the office of financial management and the transportation committees of the legislature detailing the current progress on replacing obsolete equipment, progress towards reaching a level purchasing state, and the status of implementing a fuel site replacement prioritization plan.
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$100,000 of the multimodal transportation account—state appropriation is provided solely for the department to administer a pilot program to install and test intelligent speed monitoring technology in a portion of the department's fleet of vehicles while using global positioning system technology and other mapping tools to monitor vehicle location and corresponding speed limits on traveled roadways.
The pilot program must begin by January 1, 2024, for a 12-month period. By June 30, 2025, the department must report to the transportation committees of the legislature the results of the pilot program and provide any legislative or policy recommendations.
FOR THE DEPARTMENT OF TRANSPORTATION—AVIATION—PROGRAM F
The appropriations in this section are subject to the following conditions and limitations:
$2,000,000 of the aeronautics account—state appropriation is provided solely for the Move Ahead Washington expansion of airport aid grants, airport preservation and maintenance, and support of land use planning and education activities.
$1,476,000 of the aeronautics account—state appropriation is provided solely for sustainable aviation grant projects submitted by the department in December 2022.
$300,000 of the aeronautics account—state appropriation is provided solely for the department to develop a statewide advanced air mobility aircraft plan to develop and integrate advanced air mobility aircraft into current modal systems. The department shall submit a report by June 1, 2025, to the office of financial management and the transportation committees of the legislature including, but not limited to:
Near, medium, and long-term recommendations for land use planning for advanced and urban air mobility vertiports and vertistops;
An inventory of infrastructure needs to support a statewide vertiport network and a recommended program to deploy funds to local governments to share costs;
Proposed state governance structures and regulatory mechanisms to adequately complement federal aviation administration oversight;
Recommended policies to foster vertiport and vertistop infrastructure development that ensure open public access, efficiency in land use siting, and equitable distribution across the state; and
In consultation with local jurisdictions, planning organizations, and other modal managers, recommendations on advanced air mobility aircraft integration into statewide transportation plans.
FOR THE DEPARTMENT OF TRANSPORTATION—PROGRAM DELIVERY MANAGEMENT AND SUPPORT—PROGRAM H
The appropriations in this section are subject to the following conditions and limitations:
During the 2023-2025 fiscal biennium, if the department takes possession of the property situated in the city of Edmonds for which a purchase agreement was executed between Unocal and the department in 2005 (Tax Parcel Number 262703-2-003-0009), and if the department confirms that the property is still no longer needed for transportation purposes, the department shall provide the city of Edmonds with the right of first purchase at fair market value in accordance with RCW 47.12.063(3) for the city's intended use of the property to rehabilitate near-shore habitat for salmon and related species.
$469,000 of the motor vehicle account—state appropriation is provided solely for the implementation of chapter 217, Laws of 2021 (noxious weeds).
The department shall offer to sell the northern parcel of site 14 on the Puget Sound Gateway Program SR 509 Completion Project Surplus Property list, located immediately south of S. 216th Street and adjacent to the Barnes Creek Nature Trail in Des Moines, to Seattle Goodwill Industries, a nonprofit organization with tax ID 91-05688708, located at 700 Dearborn Place S., Seattle, WA 98144, in accordance with RCW 47.12.063 at fair market value because the legislature finds it in the public interest to do so for the public benefit that will result from Goodwill's redevelopment of the property it owns at Rainier Ave. South and South Dearborn Street to increase the supply of affordable housing.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
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$572,000 of the move ahead WA flexible account—state appropriation is provided solely to track and maximize clean fuels credit generation of at least five percent and not more than 10 percent in nonadvance clean fuels credits from transportation investments as required under RCW 70A.535.050(3).
The LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, anticipates fulfillment of the requirements under RCW 70A.535.050(3) of generating nonadvance credits for transportation investments funded in an omnibus transportation appropriations act, including the move ahead WA transportation package. The clean fuels credit generation anticipates nonadvance credits for ferry electrification for new hybrid electric vessels, active transportation, transit programs and projects, alternative fuel infrastructure, connecting communities, and multimodal investments.
Pursuant to the reporting requirements of RCW 70A.535.050(5), the department must present a detailed projection of the credit revenues generated and achieved directly as a result of the funding and activities in this subsection.
FOR THE DEPARTMENT OF TRANSPORTATION—PUBLIC-PRIVATE PARTNERSHIPS—PROGRAM K
The appropriations in this section are subject to the following conditions and limitations:
$1,746,000 of the electric vehicle account—state appropriation is provided solely for the clean alternative fuel vehicle charging and refueling infrastructure program in chapter 287, Laws of 2019 (advancing green transportation adoption).
$1,000,000 of the electric vehicle account—state appropriation and $500,000 of the multimodal transportation account—state appropriation are provided solely for a colocated DC fast charging and hydrogen fueling station near the Wenatchee or East Wenatchee area near a state route or near or on a publicly owned facility to service passenger, light-duty and heavy-duty vehicles. The hydrogen fueling station must include a DC fast charging station colocated at the hydrogen fueling station site. Funds may be used for one or more fuel cell electric vehicles that would utilize the fueling stations. The department must contract with a public utility district that produces hydrogen in the area to own and/or manage and provide technical assistance for the design, planning, permitting, construction, maintenance and operation of the hydrogen fueling station. The department and public utility district are encouraged to collaborate with and seek contributions from additional public and private partners for the fueling station.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
The legislature recognizes that for the state to meet long-term zero emissions goals requires consumers have options when investing in different vehicle technologies, including battery electric vehicles and fuel cell electric vehicles. Therefore, it is the intent of the legislature to appropriate climate commitment act funds not to exceed $30,000,000 over the next three biennia as a state match for secured federal funds to finance hydrogen fueling stations in disadvantaged and overburdened communities for both passenger and light-truck vehicles and medium to heavy-duty vehicles. The department, in consultation with the interagency electric vehicle coordinating council, must pursue any federal funding available through the charging and fueling infrastructure discretionary grant program and any other sources under the federal infrastructure investment and jobs act (P.L. 117-58).
$9,400,000 of the carbon emissions reduction account—state appropriation is provided solely for clean alternative fuel charging and infrastructure projects and activities selected by the department in consultation with the interagency electric vehicle coordinating council.
FOR THE DEPARTMENT OF TRANSPORTATION—HIGHWAY MAINTENANCE—PROGRAM M
The appropriations in this section are subject to the following conditions and limitations:
$5,000,000 of the motor vehicle account—state appropriation is provided solely for a contingency pool for snow and ice removal. The department must notify the office of financial management and the transportation committees of the legislature when they have spent the base budget for snow and ice removal and will begin using the contingency pool funding.
The department must continue a pilot program for the 2023-2025 fiscal biennium at the four highest-demand safety rest areas to create and maintain an online calendar for volunteer groups to check availability of weekends for the free coffee program. The calendar must be updated at least weekly and show dates and times that are, or are not, available to participate in the free coffee program.
$3,195,000 of the motor vehicle account—state appropriation is provided solely for a contingency pool for repairing damages to highways caused by known and unknown third parties. The department must notify the office of financial management and the transportation committees of the legislature when they have spent the base budget for third-party damage repair and will begin using the contingency pool funding.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
$294,000 of the motor vehicle account—state appropriation is provided solely for implementation of chapter . . . (Senate Bill No. 5487), Laws of 2023 (parking at rest areas). If chapter . . . (Senate Bill No. 5487), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$10,040,000 of the motor vehicle account—state appropriation is provided solely for the department to address safety improvements and debris cleanup on department-owned rights-of-way from encampments of people living on such rights-of-way. Of the amounts provided in this subsection, $500,000 is for the department to contract with the Washington state patrol for support of the department's activities as needed.
Of this amount, a minimum of $1,025,000 is to be used for a continued partnership program between the department and the city of Seattle, provided that the department's level of effort to implement safety improvements and debris cleanup on department-owned rights-of-way in the city of Seattle must not be reduced from the level implemented during the 2021-2023 fiscal biennium.
Of this amount, a minimum of $1,015,000 is to be used for a continued partnership program between the department and the city of Tacoma.
Beginning November 1, 2023, and semiannually thereafter, the Washington state patrol and the department of transportation must jointly submit a report to the governor and the transportation committees of the legislature on the efforts described under this subsection, including:
A summary of the activities related to addressing encampments, including information on arrangements with local governments or other entities related to these activities;
A description of the planned activities in the ensuing two quarters to further address the emergency hazards and risks along state highway rights-of-way; and
Recommendations for executive branch or legislative action to achieve the desired outcome of reduced emergency hazards and risks along state highway rights-of-way.
The department shall submit a report to the transportation committees of the legislature by December 1, 2023, with a review of best practices to efficiently cleanup highway litter and debris and recommendations for improving the efficiency of the department's highway clean-up efforts and reducing safety risks to highway clean-up workers. The report must consider new technologies that could improve the safety and efficiency of highway cleanup.
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION OPERATIONS—PROGRAM Q—OPERATING
The appropriations in this section are subject to the following conditions and limitations:
$6,000,000 of the motor vehicle account—state appropriation and $1,811,000 of the move ahead WA account—state appropriation are provided solely for low-cost enhancements. The department shall give priority to low-cost enhancement projects that improve safety or provide congestion relief. By December 15th of each odd-numbered year, the department shall provide a report to the legislature listing all low-cost enhancement projects completed in the prior fiscal biennium.
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During the 2023-2025 fiscal biennium, the department shall continue a pilot program that expands private transportation providers' access to high occupancy vehicle lanes. Under the pilot program, when the department reserves a portion of a highway based on the number of passengers in a vehicle, the following vehicles must be authorized to use the reserved portion of the highway if the vehicle has the capacity to carry eight or more passengers, regardless of the number of passengers in the vehicle: (i) Auto transportation company vehicles regulated under chapter 81.68 RCW; (ii) passenger charter carrier vehicles regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; (iii) private nonprofit transportation provider vehicles regulated under chapter 81.66 RCW; and (iv) private employer transportation service vehicles. For purposes of this subsection, "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees. Nothing in this subsection is intended to authorize the conversion of public infrastructure to private, for-profit purposes or to otherwise create an entitlement or other claim by private users to public infrastructure.
The department shall expand the high occupancy vehicle lane access pilot program to vehicles that deliver or collect blood, tissue, or blood components for a blood-collecting or distributing establishment regulated under chapter 70.335 RCW. Under the pilot program, when the department reserves a portion of a highway based on the number of passengers in a vehicle, blood-collecting or distributing establishment vehicles that are clearly and identifiably marked as such on all sides of the vehicle are considered emergency vehicles and must be authorized to use the reserved portion of the highway.
Nothing in this subsection is intended to exempt these vehicles from paying tolls when they do not meet the occupancy requirements established by the department for express toll lanes.
The appropriations in this section assume implementation of additional cost recovery mechanisms to recoup at least $100,000 in credit card and other financial transaction costs related to the collection of fees imposed under RCW 46.17.400, 46.44.090, and 46.44.0941 for driver and vehicle fee transactions beginning January 1, 2023. The department may recover transaction fees incurred through credit card transactions. The department shall also submit, as part of its 2025-2027 budget submittal, an overview of the credit card cost recovery approach, including fee rates and the amount of revenue expected to be generated in the 2021-2023, 2023-2025, and 2025-2027 biennia, and any recommendations to improve the cost recovery approach.
The department shall promote safety messages encouraging drivers to slow down and move over and pay attention when emergency lights are flashing on the side of the road and other suitable safety messages on electronic message boards the department operates across the state. The messages must be promoted through June 30, 2025. The department may coordinate such messaging with any statewide public awareness campaigns being developed by the department of licensing or the Washington state traffic safety commission, or both.
$5,000,000 of the multimodal transportation account—state appropriation is provided solely for the department to address emergent issues related to safety for pedestrians and bicyclists. Funds may only be spent after approval from the office of financial management. By December 15th of each odd-numbered year, the department shall provide a report to the legislature listing all emergent issues addressed in the prior fiscal biennium.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
$3,529,000 of the highway safety account—state appropriation is provided solely for implementation of chapter . . . (Engrossed Substitute Senate Bill No. 5272), Laws of 2023 (speed safety cameras). If chapter . . . (Engrossed Substitute Senate Bill No. 5272), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$1,279,000 of the move ahead WA account—state appropriation is provided solely for maintenance and operations of the virtual coordination center. The department is encouraged to apply for federal grant funds for the virtual coordination center and may use state funds as a match. By December 1, 2023, the department shall report to the transportation committees of the legislature recommendations to expand the center's operations, including specific additional jurisdictions and corridors across the state.
The department shall submit a report to the transportation committees of the legislature by December 1, 2023, with a prioritized list of recommendations for improving safety and mobility on Interstate 90 between North Bend and Cle Elum during winter weather events, including estimated costs. The recommendations must include, but are not limited to, options to improve compliance with traction tire and chain requirements and reduce snow-related closures.
$200,000 of the multimodal transportation account—state appropriation is provided solely for the department of transportation, in collaboration with the Washington state patrol, to administer a pilot program requiring one motor carrier with intrastate commercial motor vehicles and a poor equipment and traffic safety record to operate with side underride guards, or rear impact guards consistent with updates to federal motor vehicle safety standards 223 and 224, or both, on designated public highways of the state. By June 30, 2025, the department must collect data and report to the transportation committees of the legislature the program impacts on highway safety, traffic movement, and the environment, if any. The report must also include a recommendation if the pilot program should continue or be enacted on a permanent basis for all other motor carriers with intrastate commercial motor vehicles.
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The department shall establish the weigh station preclearance program in accordance with the commercial vehicle information systems and networks electronic screening truck inspection and weigh station preclearance standards authorized by the federal motor carrier safety administration. The program must include preclearance systems providers that meet the following criteria:
The preclearance system commercial mobile radio services and dedicated short-range communication devices as transponders technologies must be represented in the program.
The preclearance system must be broadly deployed across the state for interstate operability purposes on the effective date of this section.
Computer software and hardware, including any infrastructure-based devices or technologies, that is necessary to implement this section and must be made available at no cost to the Washington state patrol. The preclearance system provider is responsible for all costs of operating and maintaining the computer software and hardware. The computer software and hardware must meet all of the following criteria:
The computer software and hardware must meet the requirements of the federal motor carrier safety administration for core compliance with the commercial vehicle information systems and networks electronic screening truck inspection and weigh station preclearance standards.
In-vehicle equipment must be operated in compliance with applicable state law and regulations.
Preclearance messaging must be transmitted and received by the driver through electronic messaging within the cab of the commercial motor vehicle.
If required for preclearance services, real-time data from weigh-in-motion systems or any other systems shall be made available to preclearance system providers.
The department, in consultation with the Washington state patrol, shall establish standards for the program in order to meet the needs of this state and conform with weigh station preclearance programs in other states, including standards regarding safety history credential status.
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION MANAGEMENT AND SUPPORT—PROGRAM S
The appropriations in this section are subject to the following conditions and limitations:
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$2,000,000 of the motor vehicle account—state appropriation and $6,400,000 of the move ahead WA flexible account—state appropriation are provided solely for efforts to increase diversity in the transportation construction workforce through:
The preapprenticeship support services (PASS) and career opportunity maritime preapprenticeship support services (COMPASS) programs, which aim to increase diversity in the highway construction and maritime workforces and prepare individuals interested in entering the highway construction and maritime workforces. In addition to the services allowed under RCW 47.01.435, the PASS and COMPASS programs may provide housing assistance for youth aging out of the foster care and juvenile rehabilitation systems to support their participation in a transportation-related preapprenticeship program and support services to obtain necessary maritime documents and coast guard certification;
Assisting minority and women-owned businesses to perform work in the highway construction industry;
Free-of-charge business counseling and technical assistance to minority and women-owned businesses to help them compete for the department's projects;
A program to allow smaller minority and women-owned trucking companies to pool their resources and compete with larger scale trucking operations; and
A capacity building mentorship program to enable more mentor contractors and consultants to be paired with veteran-owned businesses or firms certified by the office of minority and women's business enterprises.
The department shall report annually to the transportation committees of the legislature on efforts to increase diversity in the transportation construction workforce.
For Washington state department of transportation small works roster projects under RCW 39.04.155, the department may only allow firms certified as small business enterprises, under 49 C.F.R. 26.39, to bid on the contract, unless the department determines there would be insufficient bidders for a particular project.
$21,195,000 of the motor vehicle account—state appropriation and $21,194,000 of the multimodal transportation account—state appropriation are provided solely for the department to upgrade the transportation reporting and accounting information system to the current cloud version of the software, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
If either chapter . . . (Senate Bill No. 5757), Laws of 2023 (transportation revenue forecast) or chapter . . . (Engrossed Substitute House Bill No. 1838), Laws of 2023 (transportation revenue forecast) is enacted by June 30, 2023, $278,000 of the motor vehicle account—state appropriation in this section lapses.
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION PLANNING, DATA, AND RESEARCH—PROGRAM T
The appropriations in this section are subject to the following conditions and limitations:
$1,750,000 of the multimodal transportation account—state appropriation is provided solely for the department to partner with the department of commerce and regional transportation planning organizations in implementing vehicle miles traveled targets and supporting actions. The department and the department of commerce shall partner with local jurisdictions, regional transportation planning organizations, and other stakeholders to determine the level of vehicle miles traveled reductions needed to meet state goals for greenhouse gas emissions above what will already be achieved by vehicle electrification. Vehicle miles traveled reduction targets and actions to meet those targets will be set by region for those regions who opt to pilot the new process. The department shall provide technical assistance to local partners in developing targets, conducting modeling and analysis, identifying appropriate strategies to meet targets, and conducting outreach. The department will build on the recommendations developed in section 219(3), chapter 186, Laws of 2022. As part of target setting, important factors that must be considered include land use patterns, safety, and vulnerable populations. The department shall provide an interim report by June 30, 2024, and a final report by June 30, 2025.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
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$330,000 of the motor vehicle account—state appropriation and $330,000 of the motor vehicle account—federal appropriation are provided solely for the department to continue implementation of a performance-based project evaluation model. This implementation work should include:
Public engagement and outreach;
Establishment of data flow for criteria;
Ongoing implementation of the evaluation process in coordination with the legislative work cycle; and
Migration to a web-based or app-based system with an external user interface.
The department must issue a report by September 1, 2024, with an update on implementation of the new project evaluation model, new system and user interface, and efforts to coordinate project evaluation with the legislative work cycle.
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$180,000 of the multimodal transportation account—state appropriation is provided solely for Thurston regional planning council (TRPC) to conduct a study examining options for multimodal high capacity transportation (HCT) to serve travelers on the Interstate 5 corridor between central Thurston county (Olympia area) and Pierce county.
The study will include an assessment of travelsheds and ridership potential and identify and provide an evaluation of options to enhance connectivity and accessibility for the greater south Puget Sound region with an emphasis on linking to planned or existing commuter or regional light rail. The study must account for previous and ongoing efforts by transit agencies and the department. The study will emphasize collaboration with a diverse community of interests, including but not limited to transit, business, public agencies, tribes, and providers and users of transportation who because of age, income, or ability may face barriers and challenges.
The study is due to the governor and transportation committees of the legislature by September 1, 2024.
$400,000 of the multimodal transportation account—state appropriation is provided solely for the city of Seattle's office of planning and community development to support an equitable development initiative to reconnect the South Park neighborhood, currently divided by state route number 99.
The support work must include:
A public engagement and visioning process led by a neighborhood-based, community organization; and
A feasibility study of decommissioning state route number 99 in the South Park neighborhood to include, but not be limited to, traffic studies, environmental impact analysis, and development of alternatives, including the transfer of the land to a neighborhood-led community land trust.
The support work must be conducted in coordination and partnership with neighborhood residents, neighborhood industrial and commercial representatives, the state department of transportation, and other entities and neighborhoods potentially impacted by changes to the operation of state route number 99.
The city must provide a report on the plan that includes recommendations to the Seattle city council, state department of transportation, and the transportation committees of the legislature by December 1, 2024.
$15,000,000 of the motor vehicle account—federal appropriation is provided solely for the transportation planning, data, and research program. The department shall prioritize federal funding for legislatively directed projects and activities in this section above other federally funded projects and activities authorized in this act.
$2,557,000 of the motor vehicle account—state appropriation is provided solely for the department to upgrade the department's linear referencing system (LRS) and highway performance monitoring system (HPMS), and is subject to the conditions, limitations, and review requirements in section 701 of this act.
$306,000 of the multimodal transportation account—state appropriation is provided solely for the implementation of chapter . . . (Engrossed Substitute Senate Bill No. 5466), Laws of 2023 (transit-oriented development). If chapter . . . (Engrossed Substitute Senate Bill No. 5466), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
$627,000 of the motor vehicle account—federal appropriation is provided solely for remaining work on the "Forward Drive" road usage charge research project overseen by the transportation commission using the remaining amounts of the federal grant award. The remaining work of this project includes:
Analysis of road usage charge simulation and participant surveys;
Follow up on road usage charge experiences related to payment installments, mileage exemptions, and vehicle-based mileage reporting;
Completion of technology research; and
Development of the final "Forward Drive" research program report.
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$11,922,000 of the move ahead WA flexible account—federal appropriation is provided solely for an Interstate 5 planning and environmental linkage study and a statewide Interstate 5 master plan, building upon existing work under way in the corridor. It is the intent of the legislature to provide a total of $40,000,000 for this work by 2029.
The work under (a) of this subsection must include, but is not limited to, the following:
Seismic resiliency planning to refine the level of effort and develop informed cost estimates for the seismic vulnerability analysis;
HOV lane system-wide performance planning and initial steps to launch a pilot project that progresses innovative and emerging technologies;
Interstate 5 corridor planning work, including development of a framework, coordination of corridor needs, development of core evaluation criteria and a prioritization process, and identification of early action priority projects that address safety or resiliency, or both, along the corridor; and
A report to the transportation committees of the legislature by December 1, 2024, with recommendations for future phases and a detailed funding request for work planned through 2029.
Of the amounts provided in this section, $300,000 is provided solely for the department to conduct a Seattle Interstate 5 ramp reconfiguration and lid feasibility study. The study must be conducted in coordination and partnership with the city of Seattle's department of transportation, informed by the input of Interstate 5 lid stakeholders, and coordinated with work under (a) and (b) of this subsection. The department must provide a study report, including recommendations, to the city of Seattle's department of transportation and the transportation committees of the legislature by December 1, 2024. The study must include an analysis of:
Options and opportunities to reconfigure, relocate, or remove Interstate 5 ramps within and between Chinatown-International District and the University District for the purpose of improving through-traffic operations, enhancing multimodal transportation safety, and enabling more efficient air rights development;
Potential mitigation needs and cost estimates of ramp changes and demolitions;
Benefits of ramp changes and demolitions to pedestrian and bicycle travel, transit operations, and future lid design;
Ramps for the mainline collector-distributor lanes and express lanes including, at a minimum, ramps connecting to and from James Street, Cherry Street, 6th Avenue, Madison Street, Seneca Street, Spring Street, University Street, Union Street, Olive Way, Yale Avenue, NE 45th Street, and NE 50th Street;
Removal of the existing ramps at Seneca Street, Spring Street, and University Street; and
Removal and consolidation of the existing NE 45th Street and NE 50th Street ramps.
The department shall work with the emergency management division of the military department to identify strategic transportation corridors, opportunities to improve resilience and reinforce the corridors against natural disasters, and opportunities to secure federal funding for investments in the resilience of the transportation network. The department shall provide a report to the transportation committees of the legislature by December 1, 2023, on:
Strategic transportation corridors and opportunities to improve their resilience;
Federal funding opportunities the state should pursue; and
Recommendations for actions to maximize federal funding for the state of Washington.
The department shall continue to coordinate planning work focused on the transportation system in western Washington across modes with the goal of maximizing system performance toward the policy goals in RCW 47.04.280 in the most cost-effective manner. This coordination must include, but is not limited to: The Interstate 5 highway corridor, existing rail infrastructure and future high-speed rail alignment, and commercial aviation capacity. The department must report to the transportation committees of the legislature through existing reporting mechanisms on the status of these planning efforts including, but not limited to, a long-term strategy for addressing resilience of the transportation system in western Washington through consideration of changing demand, modal integration, and preservation needs. The coordinated work must include an analysis of different alternatives to promote system resilience, including performance and cost of each scenario.
$200,000 of the motor vehicle account—state appropriation is provided solely for planning and intersection improvements along state route number 904 and improvements to the local network that would feed intersections with state route number 904. This work must include, but is not limited to, the Medical Lake/Four Lakes Road/West 3rd Ave intersection and feeding local network. The department must collaborate with Spokane county and the city of Cheney on this work and other improvement ideas along the corridor.
$1,500,000 of the motor vehicle account—state appropriation is provided solely for a comprehensive analysis of the state and local transportation network in the US 12/A Street/Tank Farm Road/Sacajawea Road/Lewis Street Interchange vicinity to identify long-term, practical, and multimodal solutions that maximize the use of the existing transportation system and reduce the risk of crashes in the corridor.
FOR THE DEPARTMENT OF TRANSPORTATION—CHARGES FROM OTHER AGENCIES—PROGRAM U
The appropriations in this section are subject to the following conditions and limitations:
Consistent with existing protocol and practices, for any negotiated settlement of a claim against the state for the department that exceeds $5,000,000, the department, in conjunction with the attorney general and the department of enterprise services, shall notify the director of the office of financial management and the transportation committees of the legislature.
On August 1, 2023, and semiannually thereafter, the department, in conjunction with the attorney general and the department of enterprise services, shall provide a report with judgments and settlements dealing with the Washington state ferry system to the director of the office of financial management and the transportation committees of the legislature. The report must include information on: (a) The number of claims and settlements by type; (b) the average claim and settlement by type; (c) defense costs associated with those claims and settlements; and (d) information on the impacts of moving legal costs associated with the Washington state ferry system into the statewide self-insurance pool.
On August 1, 2023, and semiannually thereafter, the department, in conjunction with the attorney general and the department of enterprise services, shall provide a report with judgments and settlements dealing with the nonferry operations of the department to the director of the office of financial management and the transportation committees of the legislature. The report must include information on: (a) The number of claims and settlements by type; (b) the average claim and settlement by type; and (c) defense costs associated with those claims and settlements.
When the department identifies significant legal issues that have potential transportation budget implications, the department must initiate a briefing for appropriate legislative members or staff through the office of the attorney general and its legislative briefing protocol.
FOR THE DEPARTMENT OF TRANSPORTATION—PUBLIC TRANSPORTATION—PROGRAM V
The appropriations in this section are subject to the following conditions and limitations:
$64,354,000 of the multimodal transportation account—state appropriation and $78,100,000 of the climate transit programs account—state appropriation are provided solely for a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation. Of this amount:
$14,801,420 of the multimodal transportation account—state appropriation and $17,963,000 of the climate transit programs account—state appropriation are provided solely for grants to nonprofit providers of special needs transportation. Grants for nonprofit providers must be based on need, including the availability of other providers of service in the area, efforts to coordinate trips among providers and riders, and the cost effectiveness of trips provided.
$49,552,580 of the multimodal transportation account—state appropriation and $60,137,000 of the climate transit programs account—state appropriation are provided solely for grants to transit agencies to transport persons with special transportation needs. To receive a grant, the transit agency must, to the greatest extent practicable, have a maintenance of effort for special needs transportation that is no less than the previous year's maintenance of effort for special needs transportation. Grants for transit agencies must be prorated based on the amount expended for demand response service and route deviated service in calendar year 2021 as reported in the "2021 Summary of Public Transportation" published by the department of transportation. No transit agency may receive more than 30 percent of these distributions.
$32,774,000 of the rural mobility grant program account—state appropriation is provided solely for grants to aid small cities in rural areas as prescribed in RCW 47.66.100.
$11,382,000 of the multimodal transportation account—state appropriation is provided solely for a public transit rideshare grant program for: (a) Public transit agencies to add or replace rideshare vehicles; and (b) incentives and outreach to increase rideshare use. The grant program for public transit agencies may cover capital costs only, and costs for operating vanpools at public transit agencies are not eligible for funding under this grant program. Awards from the grant program must not be used to supplant transit funds currently funding ride share programs, or to hire additional employees.
$37,382,000 of the regional mobility grant program account—state appropriation is reappropriated and provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, Program - Public Transportation Program (V).
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$77,679,000 of the regional mobility grant program account—state appropriation is provided solely for the regional mobility grant projects identified in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, Program - Public Transportation Program (V). The department shall review all projects receiving grant awards under this program at least semiannually to determine whether the projects are making satisfactory progress. Any project that has been awarded funds, but does not report activity on the project within one year of the grant award, must be reviewed by the department to determine whether the grant should be terminated. The department shall promptly close out grants when projects have been completed, and any remaining funds must be used only to fund projects identified in the LEAP transportation document referenced in this subsection. The department shall provide annual status reports on December 15, 2023, and December 15, 2024, to the office of financial management and the transportation committees of the legislature regarding the projects receiving the grants. It is the intent of the legislature to appropriate funds through the regional mobility grant program only for projects that will be completed on schedule. A grantee may not receive more than 25 percent of the amount appropriated in this subsection unless all other funding is awarded. Additionally, when allocating funding for the 2023-2025 fiscal biennium, no more than 30 percent of the total grant program may directly benefit or support one grantee unless all other funding is awarded. The department shall not approve any increases or changes to the scope of a project for the purpose of a grantee expending remaining funds on an awarded grant.
In order to be eligible to receive a grant under (a) of this subsection during the 2023-2025 fiscal biennium, a transit agency must establish a process for private transportation providers to apply for the use of park and ride facilities. For purposes of this subsection, (i) "private transportation provider" means: An auto transportation company regulated under chapter 81.68 RCW; a passenger charter carrier regulated under chapter 81.70 RCW, except marked or unmarked stretch limousines and stretch sport utility vehicles as defined under department of licensing rules; a private nonprofit transportation provider regulated under chapter 81.66 RCW; or a private employer transportation service provider; and (ii) "private employer transportation service" means regularly scheduled, fixed-route transportation service that is offered by an employer for the benefit of its employees.
$1,500,000 of the amount appropriated in this subsection is provided solely for a contingency fund to assist current regional mobility grantees with cost escalations and overages. The department shall create a system for grantees to request funds, and set a cap of contingency funds per grantee to ensure an equitable distribution among requesters.
$6,195,000 of the multimodal transportation account—state appropriation, $3,300,000 of the climate transit programs account—state appropriation, and $784,000 of the state vehicle parking account—state appropriation are provided solely for CTR grants and activities. Of this amount, $495,000 of the multimodal transportation account—state appropriation is provided solely for continuation of the first mile/last mile connections grant program. The commute trip reduction board shall develop grant parameters, evaluation criteria, and evaluate grant proposals. The commute trip reduction board shall provide the transportation committees of the legislature a report on the effectiveness of this grant program and best practices for continuing the program.
Except as provided otherwise in this subsection, $11,914,000 of the multimodal transportation account—state appropriation is provided solely for connecting Washington transit projects identified in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023. It is the intent of the legislature that entities identified to receive funding in the LEAP transportation document referenced in this subsection receive the amounts specified in the time frame specified in that LEAP document. If an entity has already completed a project in the LEAP transportation document referenced in this subsection before the time frame identified, the entity may substitute another transit project or projects that cost a similar or lesser amount.
The department shall not require more than a 10 percent match from nonprofit transportation providers for state grants.
$16,407,000 of the multimodal transportation account—state appropriation and $39,400,000 of the climate transit programs account—state appropriation are provided solely for the green transportation capital grant program as outlined in RCW 47.66.120. Of the amount of climate transit program account funds appropriated in this subsection, up to one percent may be used for program administration and staffing.
$2,565,000 of the multimodal transportation account—state appropriation is provided solely for the implementation of chapter . . . (Engrossed Substitute Senate Bill No. 5466), Laws of 2023 (transit-oriented development). If chapter . . . (Engrossed Substitute Senate Bill No. 5466), Laws of 2023 is not enacted by June 30, 2023, the amount provided in this subsection lapses.
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$10,000,000 of the climate transit programs account—state appropriation is provided solely for the department to establish a tribal transit competitive grant program to be administered as part of the department's consolidated grant program. The department shall report to the transportation committees of the legislature and the office of financial management with a list of projects recommended for funding by September 1, 2023, along with recommendations on how to remove barriers for tribes to access grant funds, and recommendations for how the department can provide technical assistance.
Within the amount provided in this subsection, $529,000 is provided solely for the Sauk-Suiattle Commuter project (L1000318).
Up to one percent of amounts appropriated in this subsection may be used for program administration and staffing.
$188,900,000 of the climate transit programs account—state appropriation is provided solely for transit support grants for public transit agencies that have adopted a zero-fare policy for youth 18 years of age and under by October 1, 2022.
$40,000,000 of the climate transit programs account—state appropriation is provided solely for the bus and bus facility grant program for replacement, rehabilitation, and purchase of transit rolling stock, or construction, modification, or rehabilitation of transit facilities.
$2,000,000 of the climate transit programs account—state appropriation is provided solely for newly selected transit coordination grants. The department shall prioritize grant proposals that promote the formation of joint partnerships between transit agencies or merge service delivery across entities.
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For projects funded as part of the move ahead WA transportation package as listed in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, Move Ahead WA - Transit Projects, and if the department expects to have substantial reappropriations for the 2023-2025 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that is unable to be used within the 2023-2025 fiscal biennium to advance one or more of the following projects listed as part of the list, prioritizing projects first by tier then by project readiness.
In instances when projects listed in the LEAP transportation document referenced in (a) of this subsection are no longer viable or have been completed, the department may approve alternative project proposals from the local jurisdictions if the project is similar in type and scope and consistent with limitations on certain funds provided.
At least 10 business days before advancing or swapping a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2023-2025 fiscal biennium.
$580,000 of the multimodal transportation account—state appropriation is provided solely for the department to provide a statewide vanpool benefit for all state employees. For department employees working in remote job sites, such as mountain passes, the department must ensure employees are able to access job sites via a subsidized vanpool or provide a modal alternative for the "last mile" to ensure employees can access the job site without additional charge.
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$400,000 of the multimodal transportation account—state appropriation is provided solely for the department, in consultation with the joint transportation committee, to continue a study of statewide frequent transit standard goals. The study must make recommendations on goals for frequent transit access across the state, taking into account:
State climate and vehicle miles traveled goals;
Findings from recently completed joint transportation committee studies concerning nondrivers; and
Regional contexts and populations forecasts.
As part of the study process, the department shall convene stakeholder groups comprised of, but not limited to, transit users, nondrivers, transit agencies, and nonprofit transit providers to inform development of statewide frequent transit goals.
The department shall submit findings and recommendations to the transportation committees of the legislature and the office of financial management by September 1, 2024.
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$700,000 of the multimodal transportation account—state appropriation is provided solely for the department to develop an action plan for the establishment of cycle highways in locations that connect population centers and support mode shift.
The action plan must complement and incorporate existing resources, including the state trails database maintained by the recreation and conservation office, local and regional plans, and the state active transportation plan.
The action plan must also include, but is not limited to:
Recommended design; geometric and operational criteria and typologies appropriate to urban, suburban, and rural settings; settings that include shared use; and incremental approaches to achieve desired facility types;
A model or methodology to project potential demand and carrying capacity based on facility quality, level of traffic stress, location, directness, land use, and other key attributes;
Examination of the feasibility of developing high-capacity infrastructure for bicycle and micromobility device use within a variety of contexts and recommendations for pilot projects;
Identification of key gaps in regional networks, including planned and aspirational routes and locations within three miles of high-capacity transit or existing shared-use paths and trails suitable for transportation;
Identification of legal, regulatory, financial, collaboration, and practical barriers to development and community acceptance and support of such facilities; and
Recommended strategies to consider and address issues to avoid unintended consequences such as displacement, and to ensure equity in long-term development of such facilities.
The department must provide a report with its findings to the transportation committees of the legislature by June 30, 2025.
$200,000 of the multimodal transportation account—state appropriation is provided solely for the department to update the 2019 feasibility study to add a fifth travel Washington intercity bus line in the Yakima Valley. The department must provide a summary report of the updated feasibility and cost estimates to the transportation committees of the legislature by December 1, 2024.
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$5,000,000 of the carbon emissions reduction account—state appropriation is provided solely for the department to establish a program for providing rebates to qualifying persons who purchase e-bikes and qualifying equipment and services from a qualifying retailer. Of this amount, $3,000,000 is for rebate amounts as described under (a)(iii)(A) of this subsection, and $2,000,000 is for rebate amounts as described under (a)(iii)(B) of this subsection.
To qualify for and use the rebate under this subsection, a person must be a resident of Washington state and purchase an e-bike and qualifying equipment and services, if any, from a qualifying retailer in this state. Qualifying equipment and services must be purchased as part of the same transaction as the e-bike.
iii.(A) For persons who are at least 16 years of age and reside in households with incomes at or below 80 percent of the county area median income, the amount of the rebate is up to $1,200 on the sale of an e-bike and any qualifying equipment and services.
(B) For all other persons who are at least 16 years of age, the amount of the rebate is up to $300 on the sale of an e-bike and any qualifying equipment and services.
(C) No more than one rebate may be awarded per household.
iv.(A) The department must establish application procedures for e-bike retailers to participate in the rebate program, and application and award procedures for applicants to participate in the program. If an applicant qualifies for a rebate amount and there is sufficient funds to award the applicant with the appropriate rebate amount, the department must provide the qualifying individual the rebate amount in a format that can be redeemed at the time of purchase at a qualifying retailer.
(B) An applicant must provide contact information, including a physical address, email address, and phone number, and demographic information, including the applicant's age, gender, race, and ethnicity, to the department on a form provided by the department at the time of applying for the rebate. The department may share or provide access to such information with the University of Washington to provide the University of Washington an opportunity to ask program applicants and recipients to fill out a survey collecting information only to the extent to inform its report described under (d) of this subsection.
v. A qualifying retailer must register with the department before participating in the rebate program. A qualifying retailer must:
(A) Verify the identity of the qualifying individual at the time of purchase; and
(B) Calculate and apply the rebate at the time of purchase.
vi. The department must reimburse a qualifying retailer that accepts a rebate from a qualifying individual no later than 30 days after the rebate is redeemed.
vii. For purposes of this subsection (20)(a):
(A) "E-bike" means an electric assisted bicycle as defined in RCW 46.04.169, but does not include mountain bikes.
(B) "Qualifying equipment and services" means a bicycle helmet, safety vest, bicycle light, or bicycle lock, and any maintenance or other services agreed upon by the qualifying retailer and qualifying individual at the time of purchase.
(C) "Qualifying retailer" means a retail business establishment with one or more physical retail locations in this state that provides on-site e-bike sales, service, and repair and has registered with the department to participate in the rebate program established under this subsection.
b. For fiscal year 2025, $2,000,000 of the carbon emissions reduction account—state appropriation is provided solely for the department to establish an e-bike lending library and ownership grant program. The department may accept grant applications from other state entities, local governments, and tribes that administer or plan to administer an e-bike lending library or ownership program for their employees for commute trip reduction purposes. The department may also accept grant applications from nonprofit organizations or tribal governments that serve persons who are low-income or reside in overburdened communities and that administer or plan to administer an e-bike lending library or ownership program for qualifying persons. Grant recipients must report program information and participation data to the University of Washington to inform its report described under (d) of this subsection.
c. It is the intent of the legislature that funding provided in (a) and (b) of this subsection continue to be appropriated in the 2025-2027 and 2027-2029 fiscal biennia.
d. Of the amounts provided in this subsection (20), $90,000 is provided solely for the department to contract with the University of Washington's sustainable transportation lab to publish a general policy brief that provides innovative e-bike rebate and lending library or ownership grant program models and recommendations, a report on survey results based on data and demographic information collected under the e-bike rebate program established in (a) of this subsection, and a report on program information and data collected under the e-bike lending library and ownership grant program established in (b) of this subsection. An initial brief and report must be submitted to the transportation committees of the legislature by July 1, 2024, with the final policy brief and report due to the transportation committees of the legislature by July 1, 2025.
e. The department may not collect more than five percent of appropriated amounts to administer the programs under (a) and (b) of this subsection.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
It is the intent of the legislature that the Swift Bus Rapid Transit - Gold Line (Community Transit) project (L4000209) receives funding in the amount of $3,333,000 in the 2025-2027, 2027-2029, and 2029-2031 fiscal biennia, and that the list referenced in subsection (15) of this section be changed accordingly.
FOR THE DEPARTMENT OF TRANSPORTATION—MARINE—PROGRAM X
The appropriations in this section are subject to the following conditions and limitations:
The office of financial management budget instructions require agencies to recast enacted budgets into activities. The Washington state ferries shall include a greater level of detail in its 2023-2025 supplemental and 2025-2027 omnibus transportation appropriations act requests, as determined jointly by the office of financial management, the Washington state ferries, and the transportation committees of the legislature. This level of detail must include the administrative functions in the operating as well as capital programs. The data in the tables in the report must be supplied in a digital file format.
$90,014,000 of the Puget Sound ferry operations account—federal appropriation and $50,067,000 of the Puget Sound ferry operations account—state appropriation are provided solely for auto ferry vessel operating fuel in the 2023-2025 fiscal biennium, which reflect cost savings from a reduced biodiesel fuel requirement and, therefore, is contingent upon the enactment of section 703 of this act. The amount provided in this subsection represents the fuel budget for the purposes of calculating any ferry fare fuel surcharge. The department shall review future use of alternative fuels and dual fuel configurations, including hydrogen.
$500,000 of the Puget Sound ferry operations account—state appropriation is provided solely for operating costs related to moving vessels for emergency capital repairs. Funds may only be spent after approval by the office of financial management.
The department must work to increase its outreach and recruitment of populations underrepresented in maritime careers and continue working to expand apprenticeship and internship programs, with an emphasis on programs that are shown to improve recruitment for positions with the state ferry system.
$175,000 of the Puget Sound ferry operations account—state appropriation is provided solely for the department to continue a study of passenger demographics. The study may be included as part of a larger origin and destination study. The department shall report study results to the transportation committees of the legislature by December 1, 2023.
The department shall continue to oversee a consultant study to identify and recommend cost-effective strategies to maximize walk-on passenger ridership of the Anacortes – San Juan ferry routes. The study is due to the transportation committees of the legislature by December 1, 2023.
$19,850,000 of the Puget Sound ferry operations account—state appropriation is provided solely for Washington state ferries to:
Provide scholarships, coursework fees, and stipends for candidates to become licensed deck officers (mates);
Improve the process for unlicensed candidates who have achieved able-bodied sailor (AB) status to earn their mate's license;
Annually hire, orient, train, and develop entry level engine room staff at the wiper classification with the intention of successfully promoting to oiler classification;
Add a second shift at Eagle Harbor maintenance facility; and
Expand the existing Washington state ferries Eagle Harbor apprenticeship program from two to eight apprentices.
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During negotiations of the 2025-2027 collective bargaining agreements, the department must conduct a review and analysis of the collective bargaining agreements governing state ferry employees, to identify provisions that create barriers for, or contribute to creating a disparate impact on, newly hired ferry employees, including those who are women, people of color, veterans, and other employees belonging to communities that have historically been underrepresented in the workforce. The review and analysis must incorporate, to the extent practicable, the findings and recommendations from the December 2022 joint transportation committee study on Washington state ferries' workforce, and must also include, but not be limited to, provisions regarding seniority, work assignments, and work shifts. The review and analysis must also include consultation with the governor's office of labor relations, the governor's office of equity, and the attorney general's office.
For future negotiations or modifications of the collective bargaining agreements, it is the intent of the legislature that the collective bargaining representatives for the state and ferry employee organizations may consider the findings of the review and analysis required in (a) of this subsection and negotiate in a manner to remove identified barriers and address identified impacts so as not to perpetuate negative impacts.
$1,500,000 of the Puget Sound ferry operations account—state appropriation is provided solely for the restoration of service to Sidney, British Columbia.
$1,504,000 of the Puget Sound ferry operations account—state appropriation is provided solely for the implementation of chapter . . . (Senate Bill No. 5550 or House Bill No. 1846), Laws of 2023 (state ferry workforce development issues). If neither chapter . . . (Senate Bill No. 5550), Laws of 2023 or chapter . . . (House Bill No. 1846), Laws of 2023 is enacted by June 30, 2023, the amount provided in this subsection lapses.
$1,000,000 of the Puget Sound ferry operations account—state appropriation is provided solely for support of the Kitsap transit passenger ferry to supplement service on the Seattle-Bremerton route.
$100,000 of the Puget Sound ferry operations account—state appropriation is provided solely to assess temporary service restoration options for the Sidney, British Columbia route until Washington state ferries can resume its service. Washington state ferries must provide service options and recommendations to the office of financial management and the transportation committees of the legislature by January 1, 2024.
$2,100,000 of the Puget Sound ferry operations account—state appropriation is provided solely for security services at Colman Dock.
FOR THE DEPARTMENT OF TRANSPORTATION—RAIL—PROGRAM Y—OPERATING
The appropriations in this section are subject to the following conditions and limitations:
The department shall continue to pursue restoring Amtrak Cascades service to pre-COVID service levels, and to the service levels committed to through the department's obligation of funding from the federal American recovery and reinvestment act. A status report must be provided to the transportation committees of the legislature and the office of financial management by September 1, 2023.
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$5,000,000 of the motor vehicle account—state appropriation is provided solely for the department to conduct an analysis of highway, road, and freight rail transportation needs and options to accommodate the movement of freight and goods that currently move by barge through the lower Snake river dams. The analysis must generate volume estimates and evaluate scenarios for changes in infrastructure and operations that would be necessary to address those additional volumes. The analysis must also include quantitative analysis based on available data as well as qualitative input gathered from tribal governments, local governments, freight interests, farmers and businesses who ship on barges above Ice Harbor dam, and other key stakeholders. The analysis must also include a robust public engagement process to solicit feedback from interested stakeholders including, but not limited to: Residents and officials in affected cities and counties; stakeholders involved in railroad, agriculture, fishing, trucking, shipping, and other related industries; appropriate Native American tribes; representatives of advocacy and community organizations; and transportation, public works, and economic development professionals in the affected areas. The analysis must include the following:
Existing volumes and traffic patterns;
Potential changes in volumes and traffic patterns immediately following the loss of freight movement by barge and over the following 20 years;
Identification of potential infrastructure and operational improvements to existing highways, roads, and rail, including additional access to facilities, needed to accommodate higher freight volumes;
Identification of rail line development options;
Evaluation of dam removal impacts on existing bridges that cross the Snake river;
Cost estimates for development and implementation of identified needs and options including planning, design, and construction; and
An accounting of greenhouse gas emissions resulting from recommended development of highway, road, and freight rail transportation freight options, and recommended mitigation strategies to comport with statewide greenhouse gas emission reductions as outlined in RCW 70A.45.020.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
FOR THE DEPARTMENT OF TRANSPORTATION—LOCAL PROGRAMS—PROGRAM Z—OPERATING
The appropriations in this section are subject to the following conditions and limitations:
$500,000 of the motor vehicle account—state appropriation is provided solely for development, administration, program management, and evaluation of the federal fund exchange pilot program.
$1,063,000 of the motor vehicle account—state appropriation is provided solely for the department, from amounts set aside out of statewide fuel taxes distributed to counties according to RCW 46.68.120(3), to contract with the Washington state association of counties to:
Contract with the department of fish and wildlife to identify, inventory, and prioritize county-owned fish passage barriers;
Continue streamlining and updating the county road administration board's data dashboard, to provide a more detailed, more transparent, and user-friendly platform for data management, reporting, and research by the public and other interested parties;
Commission a study to develop guidance for county public works departments conducting environmental justice assessments in their communities and recommend best practices for community engagement plans to address environmental health disparities for identified overburdened communities;
Contract for a study to identify best practices within public works for the recruitment and retention of employees, including: Recommendations for improving outreach and recruitment to underrepresented populations, methods to partner with local community colleges and universities, methods to expand apprenticeship and internship programs, strategies to increase training and development opportunities, and recommendations for career advancement programs and better work-life balance outcomes; and
Update the 2020 county transportation revenue study.
The department shall examine the feasibility of creating a new departmental program for active transportation. By December 1, 2023, the department shall report findings and recommendations to the transportation committees of the legislature and the office of financial management, including, but not limited to:
Estimated cost, new staffing needs, and time frame to establish the program;
A proposed budget structure, and whether both operating and capital components should be established; and
Identification of staff, capital projects, and other resources that would need to transfer from other existing programs.
The appropriations in this section provide sufficient funding for the department assuming vacancy savings that may change over time. Funding for staffing will be monitored and adjusted in the 2024 supplemental transportation appropriations act to restore funding as authorized staffing levels are achieved.
FOR THE DEPARTMENT OF TRANSPORTATION
The appropriations to the department of transportation must be expended for the programs and in the amounts specified in this act. Appropriations made in this act to the department of transportation must initially be allotted as required under this act. Subsequent allotment modifications may not include transfers of appropriation authority between sections of this act except as expressly provided in this act. Allotment modifications may not permit moneys that are provided solely for a specified purpose to be used for another purpose. However, between October 1, 2023, and March 1, 2024, subject to subsection (2)(a) of this section, the department of transportation may transfer state appropriation authority for the 2023-2025 fiscal biennium among operating programs after approval by the director of the office of financial management.
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To ensure that staffing vacancy savings assumed in this act do not impair the ability of each individual program to fill authorized staffing positions, maintain operational capacity, and provide anticipated service delivery levels, the department of transportation may, after approval by the director of the office of financial management: (i) Transfer state motor vehicle fund and multimodal transportation account appropriation authority among operating programs, up to the amount of the assumed vacancy savings in each program receiving the transfer; and (ii) make associated staffing-related allotment modifications associated with expenditures for fiscal year 2024. However, transfers authorized in this section may not include the toll operations and maintenance program (program B) or the marine operations program (program X) appropriation authority or allotments, and transfers may only be made within each specific fund source. The department may not transfer appropriation authority, and the director of the office of financial management may not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds and not federal funds.
The director of the office of financial management shall notify in writing the transportation committees of the legislature seven days before approving any allotment modifications or transfers under this section. The written notification must include a narrative explanation and justification of the changes, along with expenditures and allotments by programs and appropriation, both before and after any allotment modifications or transfers.
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
The appropriations in this section are subject to the following conditions and limitations:
Except as otherwise provided in this section, the entire appropriations in this section are provided solely for the projects by amount, as listed in the LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, Freight Mobility Strategic Investment Board (FMSIB).
It is the intent of the legislature to continue to make strategic investments in a statewide freight mobility transportation system with the help of the freight mobility strategic investment board, including projects that mitigate the impact of freight movement on local communities. To that end, and in coordination with the department of transportation as it updates its federally compliant freight plan, the board is directed to identify the highest priority freight investments for the state, across freight modes, state and local jurisdictions, and regions of the state.
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For the 2023-2025 project appropriations, unless otherwise provided in this act, the director of the office of financial management may authorize a transfer of appropriation authority between projects managed by the freight mobility strategic investment board in order for the board to manage project spending and support the efficient and timely delivery of all projects in the program. The office of financial management may authorize a transfer of appropriation authority between projects under the following conditions and limitations:
Transfers from a project may not be made as a result of the reduction of the scope of a project or be made to support increases in the scope of a project;
Each transfer between projects may only occur if the director of the office of financial management finds that any resulting change will not hinder the completion of the projects on LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023;
Transfers between projects may be made by the board without the formal written approval provided under this subsection (3)(a), provided that the transfer amount does not exceed $250,000 or 10 percent of the total project, whichever is less. These transfers must be reported to the director of the office of financial management and the chairs of the house of representatives and senate transportation committees; and
Except for transfers made under (a)(iii) of this subsection, transfers may only be made in fiscal year 2024.
At the time the board submits a request to transfer funds under this section, a copy of the request must be submitted to the chairs and ranking members of the transportation committees of the legislature.
Before approval, the office of financial management shall work with legislative staff of the house of representatives and senate transportation committees to review the requested transfers in a timely manner and consider any concerns raised by the chairs and ranking members of the transportation committees.
No fewer than 10 days after the receipt of a project transfer request, the director of the office of financial management must provide written notification to the board of any decision regarding project transfers, with copies submitted to the transportation committees of the legislature.
$12,000,000 of the freight mobility investment account—state appropriation is provided solely for further refinement, and actual implementation, of the 2021 joint transportation committee truck parking action plan in the 2023-2025 fiscal biennium. A report identifying a proposed phased implementation, including specific action steps for the 2023-2025 fiscal biennium, must be transmitted to the office of financial management and the transportation committees of the legislature by June 30, 2024. The refined truck parking action plan must include, but is not limited to:
Establishment of a truck parking implementation work group;
Comprehensive identification of Washington state department of transportation and private land parcels for potential development as potential truck parking sites;
A list of options to support increased truck parking including: (i) Incentives for expanding truck parking locations, including an emphasis on alternative fuel infrastructure; and (ii) creating state supported shuttle service to provide access to food, restrooms, and shower facilities at some locations;
Conversion of vacant land adjacent to an existing rest area on state route number 906 to allow additional truck parking near Snoqualmie Pass. The refinement of the truck parking action plan must not prevent progress on this specific action step during the 2023-2025 fiscal biennium;
Feasibility analysis of sites adjacent to Interstate 90 in the vicinity of the city of North Bend as a truck stop facility with the potential for 400 to 600 truck parking spaces;
Evaluation and commencement of improvements reconfiguring public rest areas to increase truck parking availability. The refinement of the truck parking action plan and the development of the rest area strategic plan must not prevent progress on this specific action step during the 2023-2025 fiscal biennium;
Additional outreach to state, local, and regional partners, and integration of truck parking considerations into state and local growth management and land use decision-making processes;
Specific review of potential restroom facility improvements at weigh stations for truck driver use; and
FOR THE WASHINGTON STATE PATROL
The appropriation in this section is subject to the following conditions and limitations:
$7,950,000 of the state patrol highway account—state appropriation is provided solely for the following projects:
$500,000 is for emergency repairs;
$2,000,000 is for roof replacements;
$350,000 is for fuel tank decommissioning;
$500,000 is for generator and electrical replacement;
$500,000 is for the exterior envelope of the Yakima office;
$2,000,000 is for energy efficiency projects;
$1,000,000 is for pavement surface improvements;
$300,000 is for fire alarm panel replacement;
$500,000 reappropriation is for the Tacoma district office generator replacement project; and
$100,000 reappropriation is for the energy improvement project at the SeaTac northbound facility.
The Washington state patrol may transfer funds between projects specified in subsection (1) of this section to address cash flow requirements.
If a project specified in subsection (1) of this section is completed for less than the amount provided, the remainder may be transferred to another project specified in subsection (1) of this section not to exceed the total appropriation provided in subsection (1) of this section after notifying the office of financial management and the transportation committees of the legislature 20 days before any transfer.
FOR THE COUNTY ROAD ADMINISTRATION BOARD
FOR THE TRANSPORTATION IMPROVEMENT BOARD
The appropriations in this section are subject to the following conditions and limitations: $1,000,000 of the transportation improvement account—state appropriation is provided solely for the Relight Washington Program.
FOR THE DEPARTMENT OF TRANSPORTATION—FACILITIES—PROGRAM D—(DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)—CAPITAL
The appropriations in this section are subject to the following conditions and limitations:
$4,025,000 of the motor vehicle account—state appropriation is provided solely for payments of a financing contract issued pursuant to chapter 39.94 RCW for the department facility located at 15700 Dayton Ave N in Shoreline. All payments from the department of ecology pursuant to the agreement with the department to pay a share of the financing contract for this facility must be deposited into the motor vehicle account.
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$11,248,000 of the move ahead WA account—state appropriation is provided solely for the department to improve its ability to keep facility assets in a state of good repair. In using the funds appropriated in this subsection, the department, with periodic reporting to the joint transportation committee, must develop and implement a prioritization of facility capital preservation needs and repair projects. The legislature intends these to be reasonable, forward-thinking investments that consider potential future space efficiency measures and consolidations, including those assessed as having high commercial value and potential returns to state transportation funds associated with the sale of the property. Prioritization must be based on, but not limited to, the following criteria: (i) Employee safety and facility security; (ii) state and federal regulatory and statutory requirements and compliance issues; (iii) quality of work issues; (iv) facility condition assessment evaluations and scoring; (v) asset preservation; and (vi) amount of operational support provided by the facility to the achievement of the department's performance measures and outcomes, including facility utilization based on field operations work supported at the location. "Field operations" include maintenance, transportation operations, materials testing, and construction.
By October 15, 2024, covering the first 15 months of the 2023-2025 fiscal biennium, the department must provide a report based on the prioritization of facility preservation needs and repair projects developed pursuant to (a) of this subsection to the office of financial management and the transportation committees of the legislature. The report must include: (i) A by facility ranking based on the criteria implemented; (ii) detailed information on the actions taken in the previous period to address the identified issues and deficiencies; and (iii) the plan, by facility, to address issues and deficiencies for the remainder of the 2023-2025 fiscal biennium and the 2025-2027 fiscal biennium.
The by facility ranking developed under (b) of this subsection must be the basis of an agency budget submittal for the 2025-2027 fiscal biennium.
FOR THE DEPARTMENT OF TRANSPORTATION—IMPROVEMENTS—PROGRAM I
The appropriations in this section are subject to the following conditions and limitations:
Except as provided otherwise in this section, the entire connecting Washington account—state appropriation, the entire move ahead WA account—federal appropriation, the entire move ahead WA account—state appropriation, and the entire transportation partnership account—state appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2023-1 as developed March 29, 2023, Program - Highway Improvements Program (I). However, limited transfers of specific line-item project appropriations may occur between projects for those amounts listed subject to the conditions and limitations in section 601 of this act.
Except as provided otherwise in this section, the entire motor vehicle account—state appropriation and motor vehicle account—federal appropriation are provided solely for the projects and activities listed in LEAP Transportation Document 2023-2 as developed March 29, 2023, Program - Highway Improvements Program (I). Any federal funds gained through efficiencies, adjustments to the federal funds forecast, or the federal funds redistribution process must then be applied to bridge preservation activities.
Within the motor vehicle account—state appropriation and motor vehicle account—federal appropriation, the department may transfer appropriation authority between programs I and P, except for appropriation authority that is otherwise restricted in this act, as follows:
Ten days prior to any transfer, the department must submit its request to the office of financial management and the transportation committees of the legislature and consider any concerns raised.
The director of the office of financial management must first provide written authorization for such transfer to the department and the transportation committees of the legislature.
The department shall submit a report on appropriation authority transferred in the prior fiscal year using this subsection as part of the department's annual budget submittal.
The connecting Washington account—state appropriation includes up to $1,198,980,000 in proceeds from the sale of bonds authorized in RCW 47.10.889.
The special category C account—state appropriation includes up to $118,773,000 in proceeds from the sale of bonds authorized in RCW 47.10.812.
The transportation partnership account—state appropriation includes up to $32,643,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.
The department shall itemize all future requests for the construction of buildings on a project list and submit them through the transportation executive information system as part of the department's annual budget submittal. It is the intent of the legislature that new facility construction must be transparent and not appropriated within larger highway construction projects.
By June 30, 2025, to the extent practicable, the department shall decommission the facilities for the Lacey project engineering office and the Tumwater project engineering office at the end of their lease terms and consolidate the Lacey project engineering office and the Tumwater project engineering office into the department's Olympic regional headquarters.
The legislature intends that any savings realized on the following projects will not be attributable to the application of practical design, retired risk, or unused contingency funding for the purposes of RCW 47.01.480:
I-5/Marvin Road/SR 510 Interchange (L1100110); and
I-82/EB WB On and Off Ramps (L2000123).
$300,000,000 of the coronavirus state fiscal recovery fund—federal appropriation, $390,771,000 of the motor vehicle account—federal appropriation, $349,341,000 of the move ahead WA account—state appropriation, and $1,293,000 of the motor vehicle account—state appropriation are provided solely for the Fish Passage Barrier Removal project (0BI4001) with the intent of fully complying with the federal U.S. v. Washington court injunction by 2030. The fish passage barrier removal program, in consultation with the office of innovative partnerships, shall explore opportunities to employ innovative delivery methods to ensure compliance with the court injunction including, but not limited to, public-private partnerships and batched contracts. It is the intent of the legislature that appropriations for this purpose may be used to jointly leverage state and local funds for match requirements in applying for competitive federal aid grants provided in the infrastructure investment and jobs act for removals of fish passage barriers under the national culvert removal, replacement, and restoration program. State funds used for the purpose described in this subsection must not compromise full compliance with the court injunction by 2030.
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$6,000,000 of the move ahead WA account—state appropriation is provided solely for the Stormwater Retrofits and Improvements project (L4000040). It is the intent of the legislature, over the 16-year move ahead WA investment program, to provide $500,000,000 for this project.
The appropriation in this subsection is provided solely for the Urban Stormwater Partnership - I-5 Ship-Canal Bridge Pilot (Seattle) project.
The funding provided for stormwater retrofits and improvements must enhance stormwater runoff treatment from existing roads and infrastructure with an emphasis on green infrastructure retrofits. Projects must be prioritized based on benefits to salmon recovery and ecosystem health, reducing toxic pollution, addressing health disparities, and cost-effectiveness. The department of transportation must submit progress reports on its efforts to reduce the toxicity of stormwater runoff from existing infrastructure, recommendations for addressing barriers to innovative solutions, and anticipated demand for funding each fiscal biennium.
$35,465,000 of the connecting Washington account—state appropriation is provided solely for the SR 3 Freight Corridor (T30400R) project. The legislature intends to provide a total of $78,910,000 for this project, including an increase of $12,000,000 in future biennia to safeguard against inflation and supply/labor interruptions and ensure that:
The northern terminus remains at Lake Flora Road and the southern terminus at the intersection of SR 3/SR 302;
Multimodal safety improvements at the southern terminus remain in the project to provide connections to North Mason school district and provide safe routes to schools; and
Intersections on the freight corridor are constructed at Romance Hill and Log Yard road.
$6,000,000 of the move ahead WA account—state appropriation and $10,000,000 of the move ahead WA account—federal appropriation are provided solely for the SR 3/Gorst Area - Widening project (L4000017). Tribal consultation with the Suquamish tribe must begin at the earliest stage of planning, including, without limitation, all funding decisions and funding programs, to provide a government-to-government mechanism for the tribe to evaluate, identify, and expressly notify governmental entities of any potential impacts to tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which the tribe possesses rights reserved or protected by federal treaty, statute, or executive order. The consultation is independent of, and in addition to, any public participation process required under state law, or by a state agency, including the requirements of Executive Order 21-02 related to archaeological and cultural resources, and regardless of whether the agency receives a request for consultation from the Suquamish tribe. Regularly scheduled tribal consultation meetings with the Suquamish tribe must continue throughout the duration of any funding program and proposed project approval.
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$84,500,000 of the move ahead WA account—federal appropriation, $137,500,000 of the move ahead WA account—private/local appropriation, and $53,000,000 of the move ahead WA account—state appropriation are provided solely for the I-5 Columbia river bridge project (L4000054). The legislature finds that the replacement of the I-5 Columbia river bridge is a project of national significance and is critical for the movement of freight. One span is now 105 years old, at risk for collapse in the event of a major earthquake, and no longer satisfies the needs of commerce and travel. Replacing the aging interstate bridge with a modern, seismically resilient, multimodal structure that provides improved mobility for people, goods, and services is a high priority. Therefore, the legislature intends to support the replacement of the I-5 Columbia river bridge with an investment of $1,000,000,000 over the 16-year move ahead WA investment program.
The legislature recognizes the importance of the I-5/Mill Plain Boulevard project (L2000099) and intends to provide funding for reconstruction of the existing interchange in conjunction with construction of the Interstate 5 bridge over the Columbia river.
Consistent with section 607 of this act, the department must adjust the scope of the I-5 JBLM Corridor Improvements project (M00100R) through the application of value engineering, practical design, or other planning techniques to match the funding provided for this project in the LEAP transportation document referenced in subsection (1) of this section.
$19,000,000 of the connecting Washington account—state appropriation is provided solely for the I-5/116th Street NE, 88th Street NE, and SR 528/Marine Drive Interchange project (T20700SC). It is the intent of the legislature that this amount be added to the amount provided for this project on the LEAP lists referenced in this section.
The legislature recognizes the importance of the US-12/Walla Walla Corridor Improvements project (T20900R) and intends to advance funding to provide matching funds if competitive federal funding is awarded for the final remaining four-lane section between Wallula and Nine Mile Hill. The department, in consultation with local governments in the vicinity, must pursue any federal funding available.
$2,642,000 of the move ahead WA account—state appropriation is provided solely for the US 101/Simdars Bypass project (L4000013).
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$394,963,000 of the connecting Washington account—state appropriation, $400,000 of the state route number 520 corridor account—state appropriation, and $4,496,000 of the motor vehicle account—private/local appropriation are provided solely for the SR 520 Seattle Corridor Improvements - West End project (M00400R).
Upon completion of the Montlake Phase of the West End project (current anticipated contract completion of 2023), the department shall sell that portion of the property not used for permanent transportation improvements and initiate a process to convey that surplus property to a subsequent owner.
Of the amounts provided in this subsection, $400,000 of the state route number 520 corridor account—state appropriation is provided solely for noise mitigation activities. It is the intent of the legislature to provide an additional $600,000 for noise mitigation activities.
$25,000,000 of the motor vehicle account—federal appropriation is provided solely for a federal fund exchange pilot program. The pilot program must allow exchanges of federal surface transportation block grant population funding and state funds at an exchange rate of 90 cents in state funds per $1.00 in federal funds. The projects receiving the exchanged federal funds must adhere to all federal requirements, including the applicable disadvantaged business enterprise goals. The entirety of the appropriation in this subsection must be held in unallotted status until surface transportation block grant population funding has been offered to the state, and the department determines that a federalized project or projects funded in this section is eligible to spend the surface transportation block grant population funding. $22,500,000 from existing state appropriations identified elsewhere within this section are available to be used as part of the exchange. Upon determination that a project or projects funded in this section is eligible to spend the offered surface transportation block grant population funding, state funds appropriated in this section for the eligible state project or projects in an amount equal to 100 percent of the offered surface transportation block grant population funding must be placed in unallotted status.
FOR THE DEPARTMENT OF TRANSPORTATION—PRESERVATION—PROGRAM P
The appropriations in this section are subject to the following conditions and limitations:
Except as provided otherwise in this section, the entire connecting Washington account—state appropriation, the entire move ahead WA account—federal appropriation, the entire move ahead WA account—state appropriation, and the entire transportation partnership account—state appropriation are provided solely for the projects and activities as listed by fund, project, and amount in LEAP Transportation Document 2023-1 as developed March 29, 2023, Program - Highway Preservation Program (P). However, limited transfers of specific line-item project appropriations may occur between projects for those amounts listed subject to the conditions and limitations in section 601 of this act.
Except as provided otherwise in this section, the entire motor vehicle account—state appropriation and motor vehicle account—federal appropriation are provided solely for the projects and activities listed in LEAP Transportation Document 2023-2 as developed March 29, 2023, Program - Highway Preservation Program (P). Any federal funds gained through efficiencies, adjustments to the federal funds forecast, or the federal funds redistribution process must then be applied to bridge preservation activities.
Within the motor vehicle account—state appropriation and motor vehicle account—federal appropriation, the department may transfer appropriation authority between programs I and P, except for appropriation authority that is otherwise restricted in this act, as follows:
Ten days prior to any transfer, the department must submit its request to the office of financial management and the transportation committees of the legislature and consider any concerns raised.
The director of the office of financial management must first provide written authorization for such transfer to the department and the transportation committees of the legislature.
The department shall submit a report on appropriation authority transferred in the prior fiscal year using this subsection as part of the department's annual budget submittal.
$22,000,000 of the motor vehicle account—state appropriation is provided solely for extraordinary costs incurred from litigation awards, settlements, or dispute mitigation activities not eligible for funding from the self-insurance fund (L2000290). The amount provided in this subsection must be held in unallotted status until the department submits a request to the office of financial management that includes documentation detailing litigation-related expenses. The office of financial management may release the funds only when it determines that all other funds designated for litigation awards, settlements, and dispute mitigation activities have been exhausted.
Within the connecting Washington account—state appropriation, the department may transfer funds from Highway System Preservation (L1100071) to other preservation projects listed in the LEAP transportation document identified in subsection (1) of this section, if it is determined necessary for completion of these high priority preservation projects. The department's next budget submittal after using this subsection must appropriately reflect the transfer.
By June 30, 2025, to the extent practicable, the department shall decommission the facilities for the Lacey project engineering office and the Tumwater project engineering office at the end of their lease terms and consolidate the Lacey project engineering office and the Tumwater project engineering office into the department's Olympic regional headquarters.
$25,000,000 of the motor vehicle account—federal appropriation is provided solely for a federal fund exchange pilot program. The pilot program must allow exchanges of federal surface transportation block grant population funding and state funds at an exchange rate of 90 cents in state funds per $1.00 in federal funds. The projects receiving the exchanged federal funds must adhere to all federal requirements, including the applicable disadvantaged business enterprise goals. The entirety of the appropriation in this subsection must be held in unallotted status until surface transportation block grant population funding has been offered to the state and the department determines that a federalized project or projects funded in this section is eligible to spend the surface transportation block grant population funding. $22,500,000 from existing state appropriations identified elsewhere within this section are available to be used as part of the exchange. Upon determination that a project or projects funded in this section is eligible to spend the offered surface transportation block grant population funding, state funds appropriated in this section for the eligible state project or projects in an amount equal to 100 percent of the offered surface transportation block grant population funding must be placed in unallotted status.
$7,615,000 of the connecting Washington account—state appropriation and $8,227,000 of the move ahead WA account—state appropriation are provided solely for the SR 155/Omak Bridge Rehabilitation project (L2000203).
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION OPERATIONS—PROGRAM Q—CAPITAL
The appropriations in this section are subject to the following conditions and limitations:
$4,918,000 of the motor vehicle account—state appropriation is provided solely for Programmatic Investment for Traffic Operations Capital projects (000005Q). By December 15th of each odd-numbered year, the department shall provide a report to the legislature listing all traffic operations capital project investments completed in the prior fiscal biennium. The legislature finds that the section of public roadway owned by the department that is located south of state route number 532 and west of Interstate 5 in the vicinity of the intersection of state route number 532 and 19th Avenue NW is no longer necessary for the state highway system. Therefore, pursuant to RCW 36.75.090, the department shall certify that the roadway is no longer needed by the state and convey the roadway to the county for continued use as a public highway for motor vehicle use. In consideration of the value of maintenance services provided by the county on the roadway during the time of department ownership, the department shall also convey to the county any access rights owned by the department limiting access to state route number 532 from 19th Avenue NW.
$3,080,000 of the motor vehicle account—state appropriation is provided solely to construct pedestrian signals at nine locations on state route number 7 from 124th Street South to 189th Street South (0000YYY).
$1,463,000 of the motor vehicle account—state appropriation is provided solely for the replacement of 22 existing traffic cameras and installation of 10 new traffic cameras, including five pole installation sites, on the Interstate 90 corridor between mileposts 34 and 82 (L2021144). The department shall consult with news media organizations to explore options to allow such organizations access to traffic camera feeds.
FOR THE DEPARTMENT OF TRANSPORTATION—WASHINGTON STATE FERRIES CONSTRUCTION—PROGRAM W
The appropriations in this section are subject to the following conditions and limitations:
Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, Program - Washington State Ferries Capital Program (W).
$5,000,000 of the Puget Sound capital construction account—state appropriation is provided solely for emergency capital repair costs (999910K). Funds may only be spent after approval by the office of financial management.
$46,818,000 of the capital vessel replacement account—state appropriation is provided solely for the acquisition of a 144-car hybrid-electric vessel (L2000329). The amounts provided in this subsection are contingent upon the enactment of chapter . . . (Senate Bill No. 5760 or House Bill No. 1846), Laws of 2023, as the legislature intends with that act to provide the state's best chance of accelerating an efficient and effective procurement of the construction of a fleet of vessels sufficient to serve the traveling public within the system's existing ferry routes.
The legislature intends that funding will be provided in the 2025-2027 fiscal biennium for the Future Hybrid Electric Ferry Class Pre-Design study (L2021131) to advance procurement of a new class of vessel that will account for changes in technology, staffing, and system needs.
$8,032,000 of the Puget Sound capital construction account—state appropriation is provided solely for modernization of the ticketing and reservation system (990052C). Of this amount, $3,032,000 must be held in unallotted status until Washington state ferries has consulted with the office of the chief information officer on the project scope and integration capabilities of the reservation system with existing Good to Go! and ORCA next generation products, and reported results to the office of financial management and the transportation committees of the legislature.
$125,000 of the Puget Sound capital construction account—state appropriation and $125,000 of the Puget sound capital construction account—federal appropriation are provided solely for development of a terminal wait times information system (998609A). Washington state ferries must consult with the office of the chief information officer on a technology solution for automated vehicle detection, and report the project scope, along with office of the chief information officer recommendations, to the office of financial management and the transportation committees of the legislature by December 1, 2024.
$1,345,000 of the Puget Sound capital construction account—state appropriation is provided solely for Anacortes terminal improvements (902020D). Of this amount, $1,000,000 of the Puget Sound capital construction account—state appropriation is provided solely for further analysis, in consultation with the department's innovative partnerships division, of the Anacortes terminal replacement. The analysis should include, but is not limited to, rider projections and travel patterns, community needs, modernization of the design, opportunities for public-private partnerships in terminal construction and operation, or consideration of other financing options. An analysis summary must be submitted to the office of financial management and the transportation committees of the legislature by June 30, 2024.
The transportation partnership account—state appropriation includes up to $6,813,000 in proceeds from the sale of bonds authorized in RCW 47.10.873.
FOR THE DEPARTMENT OF TRANSPORTATION—RAIL—PROGRAM Y—CAPITAL
The appropriations in this section are subject to the following conditions and limitations:
Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed by project and amount in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, Program - Rail Program (Y).
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$2,030,000 of the transportation infrastructure account—state appropriation is provided solely for new low-interest loans approved by the department through the freight rail investment bank (FRIB) program. The department shall issue FRIB program loans with a repayment period of no more than 10 years, and charge only so much interest as is necessary to recoup the department's costs to administer the loans. The department shall report annually to the transportation committees of the legislature and the office of financial management on all FRIB loans issued.
$7,970,000 of the transportation infrastructure account—state appropriation is provided solely for new FRIB program loans recommended by the department for 2024 supplemental transportation appropriations. The department shall submit a prioritized list for any loans recommended to the office of financial management and the transportation committees of the legislature by November 15, 2023.
The department may change the terms of existing loans in the essential rail assistance account for repayment of loans, including the repayment schedule and rate of interest, for a period of up to 15 years for any recipient with a total loan value in the program of over 10 percent as of June 30, 2023.
$7,566,836 of the multimodal transportation account—state appropriation is provided solely for new statewide emergent freight rail assistance projects identified in the LEAP transportation document referenced in subsection (1) of this section.
$369,000 of the transportation infrastructure account—state appropriation and $1,100,000 of the multimodal transportation account—state appropriation are provided solely for final reimbursement to Highline Grain, LLC for approved work completed on Palouse River and Coulee City (PCC) railroad track in Spokane county between the BNSF Railway Interchange at Cheney and Geiger Junction and must be administered in a manner consistent with freight rail assistance program projects.
The department shall issue a call for projects for the freight rail assistance program, and shall evaluate the applications in a manner consistent with past practices as specified in section 309, chapter 367, Laws of 2011. By November 15, 2024, the department shall submit a prioritized list of recommended projects to the office of financial management and the transportation committees of the legislature.
$50,000,000 of the carbon emissions reduction account—state appropriation is provided solely for state match contributions to support the department's application for federal grant opportunities for a new ultra high-speed ground transportation corridor. These funds are to remain in unallotted status and are available only upon award of federal funds. The department must provide periodic grant application updates to the transportation committees of the legislature, as well as anticipated state match estimates for successful grants.
$33,500,000 of the move ahead WA flexible account—state appropriation is provided solely for rehabilitation of the Palouse River and Coulee City Railroad (L4000079). Up to $433,000 of the amount in this subsection may be used for management and oversight of operation and maintenance activities.
$15,000,000 of the multimodal transportation account—federal appropriation is provided solely for the rehabilitation of the Salmon Bay drawbridge (752010A) to ensure the efficient movement of freight and passenger trains.
FOR THE DEPARTMENT OF TRANSPORTATION—LOCAL PROGRAMS—PROGRAM Z—CAPITAL
The appropriations in this section are subject to the following conditions and limitations:
Except as provided otherwise in this section, the entire appropriations in this section are provided solely for the projects and activities as listed by project and amount in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, Program - Local Programs Program (Z).
The amounts identified in the LEAP transportation document referenced under subsection (1) of this section for pedestrian safety/safe routes to school are as follows:
$34,673,000 of the multimodal transportation account—state appropriation and $37,563,000 of the climate active transportation account—state appropriation are provided solely for pedestrian and bicycle safety program projects (L2000188 and L1000307). Of the amount of climate active transportation account funds appropriated in this subsection, up to one percent may be used for program administration and staffing.
$19,137,000 of the motor vehicle account—federal appropriation, $38,915,000 of the climate active transportation account—state appropriation, and $12,844,000 of the multimodal transportation account—state appropriation are provided solely for safe routes to school projects (L2000189 and L1000306). Of the amount of climate active transportation account funds appropriated in this subsection, up to one percent may be used for program administration and staffing.
The department shall submit a report to the transportation committees of the legislature by December 1, 2023, and December 1, 2024, on the status of projects funded as part of the pedestrian safety/safe routes to school grant program.
$6,875,000 of the multimodal transportation account—state appropriation is provided solely for bicycle and pedestrian projects listed in the LEAP transportation document referenced in subsection (1) of this section.
$36,640,000 of the motor vehicle account—federal appropriation is provided solely for acceleration of local preservation projects that ensure the reliable movement of freight on the national highway freight system (G2000100).
$22,500,000 of the motor vehicle account—state appropriation is provided solely for a federal fund exchange pilot program. The pilot program will allow exchanges of federal surface transportation block grant population funding and state funds at an exchange rate of 90 cents in state funds per $1.00 in federal funds. The entirety of the appropriation in this subsection must be held in unallotted status until: Surface transportation block grant population funding has been offered to the state, the department determines that a federalized project or projects funded in section 306 or 307 of this act is eligible to spend the surface transportation block grant population funding, and state funds appropriated in section 306 or 307 for the eligible state project or projects in an amount equal to 100 percent of the offered surface transportation block grant population funding have been placed in unallotted status. A report on the effectiveness of the exchange program and recommendations for continuing the pilot program is due to the governor and transportation committees of the legislature by December 1, 2024.
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For projects funded as part of the move ahead WA transportation package as listed in LEAP Transportation Documents 2023-2 ALL PROJECTS as developed March 29, 2023, Move Ahead WA - Pedestrian and Bike Projects and Move Ahead WA - Road and Highway Projects, and if the department expects to have substantial reappropriations for the 2023-2025 fiscal biennium, the department may, on a pilot basis, apply funding from a project with an appropriation that is unable to be used in the 2023-2025 fiscal biennium to advance one or more of the projects listed in the LEAP transportation documents referenced in this subsection (7)(a), prioritizing projects first by tier then by project readiness.
In instances when projects listed in the LEAP transportation documents referenced in (a) of this subsection are no longer viable or have been completed, the department may approve alternative project proposals from the local jurisdictions if the project is similar in type and scope and consistent with limitations of certain funds provided.
At least 10 business days before advancing or swapping a project pursuant to this subsection, the department must notify the office of financial management and the transportation committees of the legislature. The advancement of a project may not hinder the delivery of the projects for which the reappropriations are necessary for the 2023-2025 fiscal biennium.
$16,800,000 of the climate active transportation account—state appropriation is provided solely for the statewide school-based bicycle education grant program (L1000309). The department may partner with a statewide nonprofit to deliver programs.
$25,000,000 of the climate active transportation account—state appropriation is provided solely for the Sandy Williams connecting communities pilot program (L1000308) to deliver projects to reconnect communities that have been bifurcated by state highways. Priority must be given to historically marginalized or overburdened communities. The department may consult with the Cooper Jones active transportation safety council to identify geographic locations where there are high incidences of serious injuries and fatalities of active transportation users among vulnerable populations.
$14,000,000 of the carbon emissions reduction account—state appropriation is provided solely for the Guemes Ferry Boat Replacement project (L4000124).
$6,500,000 of the move ahead WA flexible account—state appropriation is provided solely for development of an applied sustainable aviation evaluation center (L2021135). Snohomish county, in partnership with Washington State University, shall plan and establish facilities to evaluate, qualify or certify, and research technologies that can minimize the impact of aviation on human health and the environment. Funds may be used for, but are not limited to, planning, construction, and land acquisition for sustainable aviation fuel (SAF) qualification testing (ASTM D4054), research on the impact of SAF on the environment and human health, and SAF storage for the purpose of advancing sustainable aviation. At a minimum, three sustainable aviation platforms must be considered:
Sustainable aviation fuel (SAF);
Hydrogen; and
Battery electric energy storage mechanisms.
The legislature intends to fund the Ballard and Magnolia Bridge project (L4000123) and the Aurora Avenue North Safety Improvements project (L4000154), as described in section 911(18) and (19) of this act.
$10,000,000 of the move ahead WA flexible account—state appropriation is provided solely for railroad crossing grant awards that match federal funds for city and county projects that eliminate at-grade highway-rail crossings (L2021126).
$300,000 of the multimodal transportation account—state appropriation is provided solely for the Historic South Downtown CPDA to coordinate and develop outreach strategy for community engagement with design and vision updates for the waterfront in Seattle (L2021136). Community engagement must include, but is not limited to:
Convening a community advisory board; and
Facilitating community engagement in the design development process, prioritizing language access by hosting meetings with Cantonese and Mandarin interpretation, and including Spanish and Vietnamese interpretation on request, with all materials to be translated into Chinese and Spanish, and other languages as need is determined.
$200,000 of the multimodal transportation account—state appropriation is provided solely for the Seattle office of planning and community development to update and add to the 2020 I-5 Lid Feasibility Study with additional test cases with ramp changes and removals in downtown Seattle and alternative assumptions with regards to parking, expansion of Freeway Park, affordable housing, and commercial real estate (L2021140). The Seattle office of planning and community development shall conduct ongoing community engagement with underrepresented constituencies to support the technical work of this study and raise public awareness of opportunities of I-5 lids. Focus should be given to low-income households living and working in the I-5 lid study areas in central Seattle.
$2,000,000 of the multimodal transportation account—state appropriation is provided solely for the department to award grants to local jurisdictions to implement network-wide traffic conflict screening programs using video analytics in controlled intersections with a disproportionate number of traffic violations and injuries to active transportation users (L2021149). Grants must be awarded proportionally across the state and include controlled intersections in both urban and rural environments and along state highways and county roads. Grant recipients must report back to the department all traffic violation and active transportation facility data acquired during the grant period and provide the department with appropriate next steps for the state and the local jurisdiction to improve traffic safety for active transportation users in such intersections. The department must report such findings and recommendations to the transportation committees of the legislature by December 1, 2024.
It is the intent of the legislature that the title of the Seattle Pier 48 community engagement and outreach strategy project (L2021136) be changed to Seattle waterfront community engagement and outreach strategy on the list referenced in subsection (1) of this section.
$200,000 of the multimodal transportation account—state appropriation is provided solely for Roy Sidewalk & Crossing Improvements. It is the intent of the legislature that this amount be moved from the Ped Safety & ADA Improvements, West Eatonville project (L2021151) to this new project, project (L2021151) be removed, and the list referenced in subsection (1) of this section be updated accordingly.
It is the intent of the legislature that the title of the Infra Grant Matching Funds project (L2021127) be changed to Confluence Parkway Infra Match on the list referenced in subsection (1) of this section.
ANNUAL REPORTING REQUIREMENTS FOR CAPITAL PROGRAM
As part of its annual budget submittal, the department of transportation shall provide an update to the report provided to the legislature in the prior fiscal year in a manner consistent with past practices as specified in section 312, chapter 333, Laws of 2021.
QUARTERLY REPORTING REQUIREMENTS FOR CAPITAL PROGRAM
On a quarterly basis, the department of transportation shall provide to the office of financial management and the legislative transportation committees a report for all capital projects in a manner consistent with past practices as specified in section 313, chapter 186, Laws of 2022.
NOTIFICATION REQUIREMENTS FOR PAUSES AND CANCELLATIONS
The department shall notify the transportation committees of the legislature when it intends to pause for a significant length of time or not proceed with operating items or capital projects included as budget provisos or on project lists. When feasible, this notification shall be provided prior to the pause or cancellation and at least seven days in advance of any public announcement related to such a pause or cancellation.
At the time of notification, the department shall provide an explanation for the reason or reasons for the pause or cancellation for each operating budget item and capital project. The explanation shall include specific reasons for each pause or cancellation, in addition to a statement of the broad rationale for the pause or cancellation.
When feasible, the department shall make best efforts to keep the transportation committees of the legislature informed of an evaluation process underway for selecting operating budget items and capital projects to be paused or canceled, providing updates as its selection efforts proceed.
When exigent circumstances prevent prior notice of a pause or cancellation from being provided to the transportation committees of the legislature, the department shall provide the information required under this section to the transportation committees of the legislature as soon as is practicable.
FOR THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION—FUNDS MANAGEMENT
As part of the department's 2024 supplemental and 2025-2027 biennial budget requests, the department shall also report on:
The federal grant programs it has applied for; and
The federal competitive grant programs it could have applied for but did not and the reason or reasons it did not apply.
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
FOR THE STATE TREASURER—STATE REVENUES FOR DISTRIBUTION
FOR THE STATE TREASURER—TRANSFERS
FOR THE DEPARTMENT OF LICENSING—TRANSFERS
FOR THE STATE TREASURER—ADMINISTRATIVE TRANSFERS
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transfer to the Multimodal Transportation Account—State$200,000
b. The amount transferred in this subsection represents partial repayment of prior biennium transfers to cover self-insurance liability premiums.
Appropriation: For transfer to the Motor Vehicle
Account—State$175,000,000
Appropriation: For transfer to the Move Ahead WA
Account—State$200,000,000
For transfer to the Move Ahead WA Flexible
Account—State$29,200,000
For transfer to the Multimodal Transportation
Account—State$20,000,000
Appropriation: For transfer to the Aeronautics
Account—State$150,000
Appropriation: For transfer to the Climate Active
Transportation Account—State$178,885,000
Appropriation: For transfer to the Climate Transit
Programs Account—State$418,000,000
Appropriation: For transfer to the Multimodal
Transportation Account—State$127,000,000
Appropriation: For transfer to the Puget Sound Ferry
Operations Account—State$4,200,000
Appropriation: For transfer to the Move Ahead WA
Account—State$115,000,000
Account—State Appropriation: For transfer to the
Motor Vehicle Account—State$25,000,000
For transfer to the State Patrol Highway Account—State$79,000,000
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Appropriation: For transfer to the Tacoma Narrows Toll
Bridge Account—State$6,611,000
b. It is the intent of the legislature that this transfer is temporary, for the purpose of minimizing the impact of toll increases. An equivalent reimbursing transfer is to occur after the debt service and deferred sales tax on the Tacoma Narrows bridge construction costs are fully repaid in accordance with chapter 195, Laws of 2018.
For transfer to the County Arterial Preservation
Account—State$4,844,000
transfer to the Freight Mobility Investment
Account—State$8,511,000
transfer to the Rural Arterial Trust Account—State$4,844,000
For transfer to the Transportation Improvement
Account—State$9,688,000
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Account—State Appropriation: For transfer to the Motor
Vehicle Account—State$1,000,000
b. The transfer in this subsection is to repay moneys loaned to the state route number 520 civil penalties account in the 2019-2021 fiscal biennium.
Account—State Appropriation: For transfer to the
State Route Number 520 Corridor Account—State$560,000
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Appropriation: For transfer to the Connecting Washington
Account—State$335,000,000
b. It is the intent of the legislature that this transfer is temporary, for the purpose of minimizing the use of bonding in the connecting Washington account.
Appropriation: For transfer to the Complete Streets
Grant Program Account—State$14,670,000
Appropriation: For transfer to the Connecting Washington
Account—State$80,000,000
Appropriation: For transfer to the Freight Mobility
Multimodal Account—State$8,511,000
Appropriation: For transfer to the Move Ahead WA Flexible
Account—State$11,790,000
Appropriation: For transfer to the Puget Sound Capital
Construction Account—State$160,000,000
Appropriation: For transfer to the Puget Sound
Ferry Operations Account—State$40,000,000
Appropriation: For transfer to the Regional Mobility
Grant Program Account—State$27,679,000
Appropriation: For transfer to the Rural Mobility
Grant Program Account—State$12,223,000
Appropriation: For transfer to the State Patrol Highway
Account—State$57,000,000
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Account—State Appropriation: For transfer to the
Transportation Partnership Account—State$47,899,000
b. $22,899,000 of the amount transferred in this subsection represents repayment of debt service incurred for the construction of the SR 99/Alaskan Way Viaduct Replacement project (809936Z).
Appropriation: For transfer to the Motor Vehicle
Account—State$543,000
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For transfer to the State Patrol Highway
Account—State$625,000
b. The state treasurer shall transfer the funds only after receiving notification from the Washington state patrol under section 207 of this act.
TOTAL APPROPRIATION$2,203,633,000
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY STATUTORILY PRESCRIBED REVENUE
The appropriations in this section are subject to the following conditions and limitations: $35,250,000 of the toll facility bond retirement account—federal appropriation may be used to prepay certain outstanding bonds if sufficient debt service savings can be obtained.
COLLECTIVE BARGAINING AGREEMENTS NOT IMPAIRED
Nothing in this act prohibits the expenditure of any funds by an agency or institution of the state for benefits guaranteed by any collective bargaining agreement in effect on the effective date of this section.
COLLECTIVE BARGAINING AGREEMENTS
In accordance with chapters 41.80, 41.56, and 47.64 RCW, agreements have been reached between the governor and organizations representing state employee bargaining units for the 2023-2025 fiscal biennium and funding is provided in this act for agreements and awards with the following organizations:
Washington federation of state employees, general government;
Washington public employees association, general government;
Professional and technical engineers, local 17;
The coalition of unions;
Washington state patrol troopers association;
Washington state patrol lieutenants and captains association;
Office and professional employees international union local 8;
Ferry agents, supervisors, and project administrators association;
Pacific northwest regional council of carpenters;
Puget Sound metal trades council;
Marine engineers' beneficial association unlicensed engine room employees;
Marine engineers' beneficial association licensed engineer officers;
Marine engineers' beneficial association port engineers;
Masters, mates, and pilots - mates;
Masters, mates, and pilots - masters;
Masters, mates, and pilots – watch center supervisors; and
Inlandboatmen's union of the Pacific;
Expenditures for agreements in this section may also be funded from nonappropriated accounts. If positions are funded with lidded grants or dedicated fund sources with insufficient revenue, additional funding from other sources is not provided.
COMPENSATION—REPRESENTED EMPLOYEES—HEALTH CARE—COALITION—INSURANCE BENEFITS
An agreement was reached for the 2023-2025 fiscal biennium between the governor and the health care coalition under the provisions of chapter 41.80 RCW. Appropriations in this act for state agencies are sufficient to implement the provisions of the 2023-2025 collective bargaining agreement, which maintains the provisions of the prior agreement, and are subject to the following conditions and limitations:
The monthly employer funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $1,145 per eligible employee for fiscal year 2024. For fiscal year 2025, the monthly employer funding rate shall not exceed $1,191 per eligible employee. These rates are sufficient to separate vision benefits out of medical plans into stand-alone vision insurance, beginning January 1, 2025.
The board shall collect a $25 per month surcharge payment from members who use tobacco products and a surcharge payment of not less than $50 per month from members who cover a spouse or domestic partner where the spouse or domestic partner has chosen not to enroll in another employer-based group health insurance that has benefits and premiums with an actuarial value of not less than 95 percent of the actuarial value of the public employees' benefits board plan with the largest enrollment. The surcharge payments shall be collected in addition to the member premium payment.
COMPENSATION—INSURANCE BENEFITS
Appropriations for state agencies in this act are sufficient for represented employees outside the health care coalition and nonrepresented state employee health benefits for state agencies, and are subject to the following conditions and limitations: The employer monthly funding rate for insurance benefit premiums, public employees' benefits board administration, and the uniform medical plan, shall not exceed $1,145 per eligible employee for fiscal year 2024. For fiscal year 2025, the monthly employer funding rate shall not exceed $1,191 per eligible employee.
GENERAL WAGE INCREASES AND LUMP SUM PAYMENTS
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Appropriations for state agency employee compensation in this act are sufficient to provide general wage increases to state agency employees and employees of institutions of higher education, who are not represented or who bargain under statutory authority other than chapter 41.80 or 47.64 RCW or RCW 41.56.473 or 41.56.475.
Appropriations for state agency employee compensation in this act are sufficient to provide a retention lump sum payment and a lump sum COVID-19 booster incentive to state agency employees who are not represented or who bargain under statutory authority other than chapter 41.80 or 47.64 RCW or RCW 41.56.473 or 41.56.475.
Funding is provided for a four percent general wage increase effective July 1, 2023, for all classified employees as specified in subsection (1)(a) of this section, employees in the Washington management service, and exempt employees under the jurisdiction of the office of financial management. The appropriations are also sufficient to fund a four percent salary increase effective July 1, 2023, for executive, legislative, and judicial branch employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.
Funding is provided for a three percent general wage increase effective July 1, 2024, for all classified employees as specified in subsection (1)(a) of this section, employees in the Washington management service, and exempt employees under the jurisdiction of the office of financial management. The appropriations are also sufficient to fund a three percent salary increase effective July 1, 2024, for executive, legislative, and judicial branch employees exempt from merit system rules whose maximum salaries are not set by the commission on salaries for elected officials.
Funding is provided for a retention lump sum payment of $1,000 for all employees as specified in subsection (1)(b) of this section who were employed on or before July 1, 2022, and continuously employed through July 1, 2023.
Funding is provided for a COVID-19 booster incentive payment of $1,000 for all employees as specified in subsection (1)(b) of this section who provide verification, beginning January 1, 2023, through December 31, 2023, that they are up-to-date with the COVID-19 vaccine booster.
COMPENSATION—PENSION CONTRIBUTIONS
The appropriations in this act for state agencies are subject to the following conditions and limitations:
Appropriations are adjusted to reflect changes to agency appropriations to reflect pension contribution rates adopted by the pension funding council, and the law enforcement officers' and firefighters' retirement system plan 2 board, and as adjusted under chapter . . . (Engrossed Substitute Senate Bill No. 5294), Laws of 2023 (plan 1 UAAL rates).
An increase of 0.12 percent is funded for state employer contributions to the public employees' retirement system, the public safety employees' retirement system, and the school employees' retirement system. An increase of 0.23 percent for employer contributions to the teachers' retirement system is funded. These increases are provided for the purpose of a one-time, ongoing pension increase for retirees in the public employees' retirement system plan 1 and teachers' retirement system plan 1, as provided in chapter . . . (Senate Bill No. 5350), Laws of 2023 (providing a benefit increase to certain retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan 1). If chapter . . . (Senate Bill No. 5350), Laws of 2023 is not enacted by June 30, 2023, this subsection has no force and effect and appropriations for school districts and state agencies, including institutions of higher education, shall be held in unallotted status.
An increase of 0.13 percent is funded for state employer contributions to the Washington state patrol retirement system and an increase of 0.01 percent is funded for state contributions to the law enforcement officers' and firefighters' retirement system plan 2 for the provisions of chapter . . . (Senate Bill No. 5296), Laws of 2023 (military service credit). If chapter . . . (Senate Bill No. 5296), Laws of 2023 is not enacted by June 30, 2023, this subsection has no force and effect and appropriations for state agencies shall be held in unallotted status.
MANAGEMENT OF TRANSPORTATION FUNDS WHEN THE LEGISLATURE IS NOT IN SESSION
The 2005 transportation partnership projects or improvements, 2015 connecting Washington projects or improvements, and 2022 move ahead WA projects or improvements are listed in the LEAP Transportation Document 2023-1 as developed March 29, 2023, which consists of a list of specific projects by fund source and amount over multiple biennia. Current fiscal biennium funding for each project is a line-item appropriation, while the outer year funding allocations represent a 16-year plan. The department of transportation is expected to use the flexibility provided in this section to assist in the delivery and completion of all transportation partnership account, connecting Washington account projects, and move ahead WA account projects on the LEAP transportation document referenced in this subsection. For the 2023-2025 project appropriations, unless otherwise provided in this act, the director of the office of financial management may provide written authorization for a transfer of appropriation authority between projects funded with transportation partnership account appropriations, connecting Washington account, or move ahead WA account appropriations to manage project spending and efficiently deliver all projects in the respective program under the following conditions and limitations:
Transfers may only be made within each specific fund source referenced on the respective project list;
Transfers from a project may not be made as a result of the reduction of the scope of a project or be made to support increases in the scope of a project;
Transfers from a project may be made if the funds appropriated to the project are in excess of the amount needed in the current fiscal biennium;
Transfers may not occur for projects not identified on the applicable project list;
Transfers to a project may not occur if that project is a programmatic funding item described in broad general terms on the applicable project list without referencing a specific state route number;
Transfers may not be made while the legislature is in session;
Transfers to a project may not be made with funds designated as attributable to practical design savings as described in RCW 47.01.480;
Except for transfers made under (l) of this subsection, transfers may only be made in fiscal year 2024;
Except as otherwise provided in (l) of this subsection, transfers made to a single project may not cumulatively total more than $20,000,000 per fiscal biennium;
Each transfer between projects may only occur if the director of the office of financial management finds that any resulting change will not hinder the completion of the projects as approved by the legislature; and
Transfers between projects may be made by the department of transportation without the formal written approval provided under this subsection (1), provided that the transfer amount to a single project does not exceed $250,000 or 10 percent of the total project per fiscal biennium, whichever is less. These transfers must be reported quarterly to the director of the office of financial management and the chairs of the house of representatives and senate transportation committees.
The department of transportation must submit quarterly all transfers authorized under this section in the transportation executive information system. The office of financial management must maintain a legislative baseline project list identified in the LEAP transportation documents referenced in this act, and update that project list with all authorized transfers under this section, including any effects to the total project budgets and schedules beyond the current fiscal biennium.
At the time the department submits a request to transfer funds under this section, a copy of the request must be submitted to the chairs and ranking members of the transportation committees of the legislature.
Before approval, the office of financial management shall work with legislative staff of the house of representatives and senate transportation committees to review the requested transfers in a timely manner and address any concerns raised by the chairs and ranking members of the transportation committees.
No fewer than 10 days after the receipt of a project transfer request, the director of the office of financial management must provide written notification to the department of any decision regarding project transfers, with copies submitted to the transportation committees of the legislature.
The department must submit annually as part of its budget submittal a report detailing all transfers made pursuant to this section, including any effects to the total project budgets and schedules beyond the current fiscal biennium.
BOND REIMBURSEMENT
To the extent that any appropriation authorizes expenditures of state funds from the motor vehicle account, special category C account, Tacoma Narrows toll bridge account, transportation 2003 account (nickel account), transportation partnership account, transportation improvement account, Puget Sound capital construction account, multimodal transportation account, state route number 520 corridor account, connecting Washington account, or other transportation capital project account in the state treasury for a state transportation program that is specified to be funded with proceeds from the sale of bonds authorized in chapter 47.10 RCW, the legislature declares that any such expenditures made before the issue date of the applicable transportation bonds for that state transportation program are intended to be reimbursed from proceeds of those transportation bonds in a maximum amount equal to the amount of such appropriation.
BELATED CLAIMS
The agencies and institutions of the state may expend moneys appropriated in this act, upon approval of the office of financial management, for the payment of supplies and services furnished to the agency or institution in prior fiscal biennia.
REAPPROPRIATIONS REPORTING
As part of its 2024 supplemental budget submittal, the department of transportation shall provide a report to the legislature and the office of financial management that:
Identifies, by capital project, the amount of state funding that has been reappropriated from the 2021-2023 fiscal biennium into the 2023-2025 fiscal biennium; and
Identifies, for each project, the amount of cost savings or increases in funding that have been identified as compared to the 2021 enacted omnibus transportation appropriations act.
As part of the agency request for capital programs, the department shall load reappropriations separately from funds that were assumed to be required for the 2023-2025 fiscal biennium into budgeting systems.
WEBSITE REPORTING REQUIREMENTS
The department of transportation shall post on its website every report that is due from the department to the legislature during the 2023-2025 fiscal biennium on one web page in a manner consistent with past practices as specified in section 605, chapter 333, Laws of 2021.
TRANSIT, BICYCLE, AND PEDESTRIAN ELEMENTS REPORTING
By November 15th of each year, the department of transportation must report on amounts expended to benefit transit, bicycle, or pedestrian elements within all connecting Washington projects in programs I, P, and Z identified in LEAP Transportation Document 2023-2 ALL PROJECTS as developed March 29, 2023, in a manner consistent with past practices as specified in section 602, chapter 186, Laws of 2022.
PROJECT SCOPE CHANGES
During the 2023-2025 fiscal biennium, while the legislature is not in session, the director of the office of financial management may approve project scope change requests to connecting Washington projects and move ahead WA projects in the highway improvements program, provided that the requests meet the criteria outlined in RCW 47.01.480 and are subject to the limitations in this section.
At the time the department of transportation submits a request for a project scope change under this section, a copy of the request must be submitted to the transportation committees of the legislature.
Before approval, the office of financial management shall work with legislative staff of the house of representatives and senate transportation committees to review the requested project scope changes.
No fewer than 10 days after the receipt of a scope change request, the director of the office of financial management must provide written notification to the department of any decision regarding project scope changes, with copies submitted to the transportation committees of the legislature.
As part of its annual budget submittal, the department of transportation must report on all approved scope change requests from the prior year, including a comparison of the scope before and after the requested change.
TOLL CREDITS
The department of transportation may provide up to $5,000,000 in toll credits to Kitsap transit for its role in delivering capital projects related to Kitsap transit public transportation services including, but not limited to, ferry service. The number of toll credits provided must be equal to, but no more than, the number sufficient to meet federal match requirements for grant funding for passenger-only ferry service, but must not exceed the amount authorized in this section.
CODIFIED GRANT AND LOAN PROGRAMS
The grant and loan programs referenced in sections 221(1), 221(3), 310(2), 310(3), and 311(2)(a) of this act reflect the respective programs and activities described in chapter . . . (Senate Bill No. 5742), Laws of 2023 (codifying existing WSDOT grant programs).
INFORMATION TECHNOLOGY OVERSIGHT
The following transportation projects are subject to the conditions, limitations, and review provided in section 701, chapter . . . (Senate Bill No. 5187 or House Bill No. 1140), Laws of 2023 (omnibus operating appropriations act):
For the Washington state patrol: Aerial criminal investigation tools;
For the department of licensing: Website accessibility and usability, and to upgrade and improve prorate and fuel tax system; and
For the department of transportation: Linear referencing system (LRS) and highway performance monitoring system (HPMS) replacement, transportation reporting and accounting information system (TRAINS) upgrade and PROPEL – WSDOT support of one Washington, and capital systems replacement.
ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS
The department of transportation is authorized, subject to the conditions in section 305 of this act, to enter into a financing contract pursuant to chapter 39.94 RCW through the state treasurer's lease-purchase program for the purposes indicated. The department may use any funds, appropriated or nonappropriated, in not more than the principal amounts indicated, plus financing expenses and required reserves, if any. Expenditures made by the department of transportation for the indicated purposes before the issue date of the authorized financing contract and any certificates of participation therein may be reimbursed from proceeds of the financing contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent.
Except as provided in subsection (5) of this section, effective June 1, 2009, state agencies are required to use a minimum of 20 percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies' diesel‑powered vessels, vehicles, and construction equipment.
All state agencies using biodiesel fuel shall, beginning on July 1, 2016, file annual reports with the department of enterprise services documenting the use of the fuel and a description of how any problems encountered were resolved.
By December 1, 2009, the department of enterprise services shall:
Report to the legislature on the average true price differential for biodiesel by blend and location; and
Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodiesel producers and report these findings to the legislature.
During the 2021-2023 and 2023-2025 fiscal biennia, the Washington state ferries is required to use a minimum of five percent biodiesel as compared to total volume of all diesel purchases made by the Washington state ferries for the operation of the Washington state ferries diesel-powered vessels, as long as the price of a B5 or B10 biodiesel blend does not exceed the price of conventional diesel fuel by five percent or more.
The agency financial transaction account is created in the state treasury. Receipts directed by law to the account from cost recovery charges for credit card and other financial transaction fees must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for paying credit card and financial transaction fees, and other related costs incurred by state agencies. During the 2021-2023 and 2023-2025 fiscal biennia, expenditures from the account may also be used for additional information technology costs related to supporting the department of licensing operations and addressing its staffing shortages.
The ignition interlock device revolving account program is created within the department to assist in covering the monetary costs of installing, removing, and leasing an ignition interlock device, and applicable licensing, for indigent persons who are required under RCW 46.20.385, 46.20.720, and 46.61.5055 to install an ignition interlock device in all vehicles owned or operated by the person. For purposes of this subsection, "indigent" has the same meaning as in RCW 10.101.010, as determined by the department. During the 2021-2023 and 2023-2025 fiscal biennia, the ignition interlock device revolving account program also includes ignition interlock enforcement work conducted by the Washington state patrol.
A pilot program is created within the ignition interlock device revolving account program for the purpose of monitoring compliance by persons required to use ignition interlock devices and by ignition interlock companies and vendors.
The department, the state patrol, and the Washington traffic safety commission shall coordinate to establish a compliance pilot program that will target at least one county from eastern Washington and one county from western Washington, as determined by the department, state patrol, and Washington traffic safety commission.
At a minimum, the compliance pilot program shall:
Review the number of ignition interlock devices that are required to be installed in the targeted county and the number of ignition interlock devices actually installed;
Work to identify those persons who are not complying with ignition interlock requirements or are repeatedly violating ignition interlock requirements; and
Identify ways to track compliance and reduce noncompliance.
As part of monitoring compliance, the Washington traffic safety commission shall also track recidivism for violations of RCW 46.61.502 and 46.61.504 by persons required to have an ignition interlock driver's license under RCW 46.20.385 and 46.20.720.
A law enforcement officer has the authority to issue a notice of traffic infraction:
When the infraction is committed in the officer's presence, except as provided in RCW 46.09.485;
When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;
If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;
When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170. For the 2023-2025 fiscal biennium, local law enforcement may allow noncommissioned officers to review infractions detected through the use of an automated traffic safety camera under RCW 46.63.170 and issue notices of infraction consistent with RCW 46.63.170(1)(g). Noncommissioned officers must be sufficiently trained in reviewing such infractions and issuing such notices; or
When the infraction is detected through the use of an automated school bus safety camera under RCW 46.63.180.
A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.
In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the person responsible under RCW 46.55.105. The notice must be entitled "LitteringAbandoned Vehicle" and give notice of the monetary penalty. The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.
The department of licensing technology improvement and data management account is created in the highway safety fund. All receipts from fees collected under RCW 46.12.630(5) must be deposited into the account. Expenditures from the account may be used only for investments in technology and data management at the department. During the 2021-2023 and 2023-2025 fiscal biennia, the account may also be used for responding to public records requests. Moneys in the account may be spent only after appropriation.
The transportation partnership account is hereby created in the motor vehicle fund. All distributions to the account from RCW 46.68.090 must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as 2005 transportation partnership projects or improvements in the omnibus transportation appropriations act, including any principal and interest on bonds authorized for the projects or improvements.
The legislature finds that:
Citizens demand and deserve accountability of transportation-related programs and expenditures. Transportation-related programs must continuously improve in quality, efficiency, and effectiveness in order to increase public trust;
Transportation-related agencies that receive tax dollars must continuously improve the way they operate and deliver services so citizens receive maximum value for their tax dollars; and
Fair, independent, comprehensive performance audits of transportation-related agencies overseen by the elected state auditor are essential to improving the efficiency, economy, and effectiveness of the state's transportation system.
For purposes of chapter 314, Laws of 2005:
"Performance audit" means an objective and systematic assessment of a state agency or agencies or any of their programs, functions, or activities by the state auditor or designee in order to help improve agency efficiency, effectiveness, and accountability. Performance audits include economy and efficiency audits and program audits.
"Transportation-related agency" means any state agency, board, or commission that receives funding primarily for transportation-related purposes. At a minimum, the department of transportation, the transportation improvement board or its successor entity, the county road administration board or its successor entity, and the traffic safety commission are considered transportation-related agencies. The Washington state patrol and the department of licensing shall not be considered transportation-related agencies under chapter 314, Laws of 2005.
Within the authorities and duties under chapter 43.09 RCW, the state auditor shall establish criteria and protocols for performance audits. Transportation-related agencies shall be audited using criteria that include generally accepted government auditing standards as well as legislative mandates and performance objectives established by state agencies. Mandates include, but are not limited to, agency strategies, timelines, program objectives, and mission and goals as required in RCW 43.88.090.
Within the authorities and duties under chapter 43.09 RCW, the state auditor may conduct performance audits for transportation-related agencies. The state auditor shall contract with private firms to conduct the performance audits.
The audits may include:
Identification of programs and services that can be eliminated, reduced, consolidated, or enhanced;
Identification of funding sources to the transportation-related agency, to programs, and to services that can be eliminated, reduced, consolidated, or enhanced;
Analysis of gaps and overlaps in programs and services and recommendations for improving, dropping, blending, or separating functions to correct gaps or overlaps;
Analysis and recommendations for pooling information technology systems used within the transportation-related agency, and evaluation of information processing and telecommunications policy, organization, and management;
Analysis of the roles and functions of the transportation-related agency, its programs, and its services and their compliance with statutory authority and recommendations for eliminating or changing those roles and functions and ensuring compliance with statutory authority;
Recommendations for eliminating or changing statutes, rules, and policy directives as may be necessary to ensure that the transportation-related agency carry out reasonably and properly those functions vested in the agency by statute;
Verification of the reliability and validity of transportation-related agency performance data, self-assessments, and performance measurement systems as required under RCW 43.88.090;
Identification of potential cost savings in the transportation-related agency, its programs, and its services;
Evaluation of planning, budgeting, and program evaluation policies and practices;
Evaluation of personnel systems operation and management;
Evaluation of purchasing operations and management policies and practices;
Evaluation of organizational structure and staffing levels, particularly in terms of the ratio of managers and supervisors to nonmanagement personnel; and
Evaluation of transportation-related project costs, including but not limited to environmental mitigation, competitive bidding practices, permitting processes, and capital project management.
Within the authorities and duties under chapter 43.09 RCW, the state auditor must provide the preliminary performance audit reports to the audited state agency for comment. The auditor also may seek input on the preliminary report from other appropriate officials. Comments must be received within 30 days after receipt of the preliminary performance audit report unless a different time period is approved by the state auditor. The final performance audit report shall include the objectives, scope, and methodology; the audit results, including findings and recommendations; the agency's response and conclusions; and identification of best practices.
The state auditor shall provide final performance audit reports to the citizens of Washington, the governor, the joint legislative audit and review committee, the appropriate legislative committees, and other appropriate officials. Final performance audit reports shall be posted on the internet.
The audited transportation-related agency is responsible for follow-up and corrective action on all performance audit findings and recommendations. The audited agency's plan for addressing each audit finding and recommendation shall be included in the final audit report. The plan shall provide the name of the contact person responsible for each action, the action planned, and the anticipated completion date. If the audited agency does not agree with the audit findings and recommendations or believes action is not required, then the action plan shall include an explanation and specific reasons.
The office of financial management shall require periodic progress reports from the audited agency until all resolution has occurred. The office of financial management is responsible for achieving audit resolution. The office of financial management shall annually report by December 31st the status of performance audit resolution to the appropriate legislative committees and the state auditor. The legislature shall consider the performance audit results in connection with the state budget process.
The auditor may request status reports on specific audits or findings.
11.
During the 2021-2023 and 2023-2025 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the transportation partnership account to the motor vehicle fundand the Tacoma Narrows toll bridge account.
The freight mobility investment account is hereby created in the state treasury. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for freight mobility projects that have been approved by the freight mobility strategic investment board in RCW 47.06A.020 and may include any principal and interest on bonds authorized for the projects or improvements. During the 2021-2023 and 2023-2025 fiscal biennia, the expenditures from the account may also be used for the administrative expenses of the freight mobility strategic investment board.
The license plate technology account is created in the state treasury. All receipts collected under RCW 46.17.015 must be deposited into this account. Expenditures from this account must support current and future license plate technology and systems integration upgrades for both the department and correctional industries. Moneys in the account may be spent only after appropriation. Additionally, the moneys in this account may be used to reimburse the motor vehicle account for any appropriation made to implement the digital license plate system. During the 2011-2013 and 2013-2015 fiscal biennia, the legislature may transfer from the license plate technology account to the highway safety fund such amounts as reflect the excess fund balance of the license plate technology account. During the 2021-2023 and 2023-2025 fiscal biennia, the account may also be used for the maintenance of recently modernized information technology systems for vehicle registrations.
The connecting Washington account is created in the motor vehicle fund. Moneys in the account may be spent only after appropriation. Expenditures from the account must be used only for projects or improvements identified as connecting Washington projects or improvements in a transportation appropriations act, including any principal and interest on bonds authorized for the projects or improvements.
Moneys in the connecting Washington account may not be expended on the state route number 99 Alaskan Way viaduct replacement project.
During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the connecting Washington account to the move ahead WA account.
The climate active transportation account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the following active transportation grant programs: Safe routes to schools, school-based bike program, bicycle and pedestrian grant program, complete streets grants program, and connecting communities grant program, as well as pedestrian and bicycle or other active transportation projects identified in an omnibus transportation appropriations act as move ahead WA projects.
Beginning July 1, 2023, the state treasurer shall annually transfer 24 percent of the revenues accruing annually to the carbon emissions reduction account created in RCW 70A.65.240 to the climate active transportation account. This subsection does not apply during the 2023-2025 fiscal biennium.
The climate transit programs account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the following transit grant programs: Transit support grant program, tribal transit mobility grants, transit coordination grants, special needs transit grants, bus and bus facility grant program, green transit grants, and transportation demand management grants, as well as transit projects identified in an omnibus transportation appropriations act as move ahead WA projects.
Beginning July 1, 2023, the state treasurer shall annually transfer 56 percent of the revenues accruing annually to the carbon emissions reduction account created in RCW 70A.65.240 to the climate transit programs account. This subsection does not apply during the 2023-2025 fiscal biennium.
It is the intent of the legislature to continue the department's policy giving priority consideration to abutting property owners in agricultural areas when disposing of property through its surplus property program under this section.
Whenever the department determines that any real property owned by the state of Washington and under the jurisdiction of the department is no longer required for transportation purposes and that it is in the public interest to do so, the department may sell the property or exchange it in full or part consideration for land or building improvements or for construction of highway improvements at fair market value to any person through the solicitation of written bids through public advertising in the manner prescribed under RCW 47.28.050 or in the manner prescribed under RCW 47.12.283.
The department may forego the processes prescribed by RCW 47.28.050 and 47.12.283 and sell the real property to any of the following entities or persons at fair market value:
Any other state agency;
The city or county in which the property is situated;
Any other municipal corporation;
Regional transit authorities created under chapter 81.112 RCW;
The former owner of the property from whom the state acquired title;
In the case of residentially improved property, a tenant of the department who has resided thereon for not less than six months and who is not delinquent in paying rent to the state;
Any abutting private owner but only after each other abutting private owner (if any), as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting private owner requests in writing the right to purchase the property within 15 days after receiving notice of the proposed sale, the property shall be sold at public auction in the manner provided in RCW 47.12.283;
To any other owner of real property required for transportation purposes;
During the 2021-2023 and 2023-2025 fiscal biennia, any nonprofit organization that identifies real property to be sold or conveyed as a substitute for real property owned by the nonprofit within the city of Seattle to be redeveloped for the purpose of affordable housing; or
A federally recognized Indian tribe within whose reservation boundary the property is located.
When selling real property pursuant to RCW 47.12.283, the department may withhold or withdraw the property from an auction when requested by one of the entities or persons listed in subsection (3) of this section and only after the receipt of a nonrefundable deposit equal to 10 percent of the fair market value of the real property or $5,000, whichever is less. This subsection does not prohibit the department from exercising its discretion to withhold or withdraw the real property from an auction if the department determines that the property is no longer surplus or chooses to sell the property through one of the other means listed in subsection (2) of this section. If a transaction under this subsection is not completed within 60 days, the real property must be put back up for sale.
Sales to purchasers may, at the department's option, be for cash, by real estate contract, or exchange of land or highway improvements. Transactions involving the construction of improvements must be conducted pursuant to chapter 47.28 RCW and Title 39 RCW, as applicable, and must comply with all other applicable laws and rules.
Conveyances made pursuant to this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.
Unless otherwise provided, all moneys received pursuant to the provisions of this section less any real estate broker commissions paid pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.
The department may not enter into equal value exchanges or property acquisitions for building improvements without first consulting with the office of financial management and the joint transportation committee.
The initial imposition of tolls on the state route number 520 corridor is authorized, the state route number 520 corridor is designated an eligible toll facility, and toll revenue generated in the corridor must only be expended as allowed under RCW 47.56.820.
The state route number 520 corridor consists of that portion of state route number 520 between the junctions of Interstate 5 and state route number 202. The toll imposed by this section shall be charged only for travel on the floating bridge portion of the state route number 520 corridor. However, during the 2023-2025 fiscal biennium, a toll may also be charged for travel on the westbound state route number 520 on-ramp at 84th Avenue NE, subject to the conditions and limitations described in the pilot program and toll rates authorized under sections 205(6) and 209(6) of this act.
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In setting the toll rates for the corridor pursuant to RCW 47.56.850, the tolling authority shall set a variable schedule of toll rates to maintain travel time, speed, and reliability on the corridor and generate the necessary revenue as required under (b) of this subsection.
The tolling authority shall initially set the variable schedule of toll rates, which the tolling authority may adjust at least annually to reflect inflation as measured by the consumer price index or as necessary to meet the redemption of bonds and interest payments on the bonds, to generate revenue sufficient to provide for:
The issuance of general obligation bonds, authorized in RCW 47.10.879, first payable from toll revenue and then excise taxes on motor vehicle and special fuels pledged for the payment of those bonds in the amount necessary to fund the state route number 520 bridge replacement and HOV program, subject to subsection (4) of this section; and
Costs associated with the project designated in subsection (4) of this section that are eligible under RCW 47.56.820.
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The proceeds of the bonds designated in subsection (3)(b)(i) of this section must be used only to fund the state route number 520 bridge replacement and HOV program; however, $200,000,000 of bond proceeds, in excess of the proceeds necessary to complete the floating bridge segment and necessary landings, must be used only to fund the state route number 520, Interstate 5 to Medina bridge replacement and HOV project segment of the program, as identified in applicable environmental impact statements, and may be used to fund effective connections for high occupancy vehicles and transit for state route number 520, but only to the extent those connections benefit or improve the operation of state route number 520.
The program must include the following elements within the cost constraints identified in section 1, chapter 472, Laws of 2009, consistent with the legislature's intent that cost savings applicable to the program stay within the program and that the bridge open to vehicular traffic in 2014:
A project design, consistent with RCW 47.01.408, that includes high occupancy vehicle lanes with a minimum carpool occupancy requirement of three-plus persons on state route number 520;
High occupancy vehicle lane performance standards for the state route number 520 corridor established by the department. The department shall report to the transportation committees of the legislature when average transit speeds in the two lanes that are for high occupancy vehicle travel fall below 45 miles per hour at least ten percent of the time during peak hours;
A work group convened by the mayor and city council of the city of Seattle to include sound transit, King county metro, the Seattle department of transportation, the department, the University of Washington, and other persons or organizations as designated by the mayor or city council to study and make recommendations of alternative connections for transit, including bus routes and high capacity transit, to the university link light rail line. The work group must consider such techniques as grade separation, additional stations, and pedestrian lids to effect these connections. The recommendations must be alternatives to the transit connections identified in the supplemental draft environmental impact statement for the state route number 520 bridge replacement and HOV program released in January 2010, and must meet the requirements under RCW 47.01.408, including accommodating effective connections for transit. The recommendations must be within the scope of the supplemental draft environmental impact statement. For the purposes of this section, "effective connections for transit" means a connection that connects transit stops, including high capacity transit stops, that serve the state route number 520/Montlake interchange vicinity to the university link light rail line, with a connection distance of less than 1,200 feet between the stops and the light rail station. The city of Seattle shall submit the recommendations by October 1, 2010, to the governor and the transportation committees of the legislature. However, if the city of Seattle does not convene the work group required under this subsection before July 1, 2010, or does not submit recommendations to the governor and the transportation committees of the legislature by October 1, 2010, the department must convene the work group required under this subsection and meet all the requirements of this subsection that are described as requirements of the city of Seattle by November 30, 2010;
A work group convened by the department to include sound transit and King county metro to study and make recommendations regarding options for planning and financing high capacity transit through the state route number 520 corridor. The department shall submit the recommendations by January 1, 2011, to the governor and the transportation committees of the legislature;
A plan to address mitigation as a result of the state route number 520 bridge replacement and HOV program at the Washington park arboretum. As part of its process, the department shall consult with the governing board of the Washington park arboretum, the Seattle city council and mayor, and the University of Washington to identify all mitigation required by state and federal law resulting from the state route number 520 bridge replacement and HOV program's impact on the arboretum, and to develop a project mitigation plan to address these impacts. The department shall submit the mitigation plan by December 31, 2010, to the governor and the transportation committees of the legislature. Wetland mitigation required by state and federal law as a result of the state route number 520 bridge replacement and HOV program's impacts on the arboretum must, to the greatest extent practicable, include on-site wetland mitigation at the Washington park arboretum, and must enhance the Washington park arboretum. This subsection (4)(b)(v) does not preclude any other mitigation planned for the Washington park arboretum as a result of the state route number 520 bridge replacement and HOV program;
A work group convened by the department to include the mayor of the city of Seattle, the Seattle city council, the Seattle department of transportation, and other persons or organizations as designated by the Seattle city council and mayor to study and make recommendations regarding design refinements to the preferred alternative selected by the department in the supplemental draft environmental impact statement process for the state route number 520 bridge replacement and HOV program. To accommodate a timely progression of the state route number 520 bridge replacement and HOV program, the design refinements recommended by the work group must be consistent with the current environmental documents prepared by the department for the supplemental draft environmental impact statement. The department shall submit the recommendations to the legislature and governor by December 31, 2010, and the recommendations must inform the final environmental impact statement prepared by the department; and
An account, created in section 5 of this act, into which civil penalties generated from the nonpayment of tolls on the state route number 520 corridor are deposited to be used to fund any project within the program, including mitigation. However, this subsection (4)(b)(vii) is contingent on the enactment by June 30, 2010, of either chapter 249, Laws of 2010 or chapter . . . (Substitute House Bill No. 2897), Laws of 2010, but if the enacted bill does not designate the department as the toll penalty adjudicating agency, this subsection (4)(b)(vii) is null and void.
The department may carry out the improvements designated in subsection (4) of this section and administer the tolling program on the state route number 520 corridor.
A special account to be known as the state route number 520 civil penalties account is created in the state treasury. All state route number 520 bridge replacement and HOV program civil penalties generated from the nonpayment of tolls on the state route number 520 corridor must be deposited into the account, as provided under RCW 47.56.870(4)(b)(vii). Moneys in the account may be spent only after appropriation. Expenditures from the account must be used to fund legal obligations associated with bonds and loans associated with the construction and operation of state route number 520 under circumstances where the toll revenue collections at the time are not sufficient to fully cover such legal obligations, and then may be used to fund any project within the state route number 520 bridge replacement and HOV program, including mitigation. The legislature may direct the state treasurer to make transfers of moneys in the state route number 520 civil penalties account to the state route number 520 corridor account. During the 2021-2023 and 2023-2025 fiscal biennia, the legislature may direct the state treasurer to transfer moneys in the state route number 520 civil penalties account to the motor vehicle account.
For purposes of this section, "legal obligations associated with bonds and loans" includes, but is not limited to, debt service and all other activities necessary to comply with financial covenants associated with state route number 520, costs associated with the civil penalties program, and operation and maintenance costs.
The capital vessel replacement account is created in the motor vehicle fund. All revenues generated from the vessel replacement surcharge under RCW 47.60.315(7) and service fees collected by the department of licensing or county auditor or other agent appointed by the director under RCW 46.17.040, 46.17.050, and 46.17.060 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the construction or purchase of ferry vessels and to pay the principal and interest on bonds authorized for the construction or purchase of ferry vessels. However, expenditures from the account must first be used to support the construction or purchase, including any applicable financing costs, of a ferry vessel with a carrying capacity of at least one hundred forty-four cars.
The state treasurer may transfer moneys from the capital vessel replacement account to the transportation 2003 account (nickel account) for debt service on bonds issued for the construction of 144-car class ferry vessels.
The legislature may transfer from the capital vessel replacement account to the connecting Washington account created under RCW 46.68.395 such amounts as reflect the excess fund balance of the capital vessel replacement account to be used for ferry terminal construction and preservation.
During the 2021-2023 and 2023-2025 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the capital vessel replacement account to the transportation partnership account and the connecting Washington account.
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The department's public transportation division shall establish a green transportation capital grant program. The purpose of the grant program is to aid any transit authority in funding cost-effective capital projects to reduce the carbon intensity of the Washington transportation system, examples of which include: Electrification of vehicle fleets, including battery and fuel cell electric vehicles; modification or replacement of capital facilities in order to facilitate fleet electrification and/or hydrogen refueling; necessary upgrades to electrical transmission and distribution systems; and construction of charging and fueling stations. The department's public transportation division shall identify projects and shall submit a prioritized list of all projects requesting funding to the legislature by December 1st of each even-numbered year.
The department's public transportation division shall select projects based on a competitive process that considers the following criteria:
The cost-effectiveness of the reductions in carbon emissions provided by the project; and
The benefit provided to transitioning the entire state to a transportation system with lower carbon intensity.
The department's public transportation division must establish an advisory committee to assist in identifying projects under subsection (1) of this section. The advisory committee must include representatives from the department of ecology, the department of commerce, the utilities and transportation commission, and at least one transit authority.
In order to receive green transportation capital grant program funding for a project, a transit authority must provide matching funding for that project that is at least equal to 20 percent of the total cost of the project.
The department's public transportation division must report annually to the transportation committees of the legislature on the status of any grant projects funded by the program created under this section.
For purposes of this section, "transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county public transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, a regional transit authority under chapter 81.112 RCW, or any special purpose district formed to operate a public transportation system.
During the 2021-2023 fiscal biennium, the department may provide up to 20 percent of the total green transportation capital grant program funding for zero emissions capital transition planning projects. During the 2023-2025 fiscal biennium, the department may provide up to 10 percent of the total green transportation capital grant program funding for zero emissions capital transition planning projects.
The electric vehicle account is created in the transportation infrastructure account. Proceeds from the principal and interest payments made on loans from the account must be deposited into the account. Expenditures from the account may be used only for the purposes specified in RCW 47.04.350, 82.08.9999, and 82.12.9999, and the support of other transportation electrification and alternative fuel related purposes, including RCW 47.01.520. Moneys in the account may be spent only after appropriation. During the 2021-2023 and 2023-2025 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the electric vehicle account to the move ahead WA flexible account and multimodal transportation account.
The clean fuels transportation investment account is created in the state treasury. All receipts to the state from clean fuel credits generated from transportation investments, including those listed under RCW 70A.535.050(3), must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used by the department of transportation for transportation purposes, including activities and projects that reduce greenhouse gas emissions and decarbonize the transportation sector.
This section expires June 30, 2025.
FOR THE TRANSPORTATION COMMISSION
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
FOR THE WASHINGTON STATE PATROL
FOR THE DEPARTMENT OF LICENSING
FOR THE DEPARTMENT OF TRANSPORTATION—TOLL OPERATIONS AND MAINTENANCE—PROGRAM B
FOR THE DEPARTMENT OF TRANSPORTATION—INFORMATION TECHNOLOGY—PROGRAM C
FOR THE DEPARTMENT OF TRANSPORTATION—FACILITY MAINTENANCE, OPERATIONS, AND CONSTRUCTION—PROGRAM D—OPERATING
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION EQUIPMENT FUND—PROGRAM E
FOR THE DEPARTMENT OF TRANSPORTATION—AVIATION—PROGRAM F
FOR THE DEPARTMENT OF TRANSPORTATION—PROGRAM DELIVERY MANAGEMENT AND SUPPORT—PROGRAM H
FOR THE DEPARTMENT OF TRANSPORTATION—PUBLIC-PRIVATE PARTNERSHIPS—PROGRAM K
FOR THE DEPARTMENT OF TRANSPORTATION—HIGHWAY MAINTENANCE—PROGRAM M
FOR THE DEPARTMENT OF TRANSPORTATION—TRAFFIC OPERATIONS—PROGRAM Q—OPERATING
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION MANAGEMENT AND SUPPORT—PROGRAM S
FOR THE DEPARTMENT OF TRANSPORTATION—TRANSPORTATION PLANNING, DATA, AND RESEARCH—PROGRAM T
FOR THE DEPARTMENT OF TRANSPORTATION—PUBLIC TRANSPORTATION—PROGRAM V
FOR THE DEPARTMENT OF TRANSPORTATION—MARINE—PROGRAM X
FOR THE DEPARTMENT OF TRANSPORTATION—RAIL—PROGRAM Y—OPERATING
FOR THE DEPARTMENT OF TRANSPORTATION—LOCAL PROGRAMS—PROGRAM Z—OPERATING
FOR THE FREIGHT MOBILITY STRATEGIC INVESTMENT BOARD
FOR THE WASHINGTON STATE PATROL
FOR THE COUNTY ROAD ADMINISTRATION BOARD
FOR THE TRANSPORTATION IMPROVEMENT BOARD
FOR THE DEPARTMENT OF TRANSPORTATION—FACILITIES—PROGRAM D—(DEPARTMENT OF TRANSPORTATION-ONLY PROJECTS)—CAPITAL
FOR THE DEPARTMENT OF TRANSPORTATION—IMPROVEMENTS—PROGRAM I
FOR THE DEPARTMENT OF TRANSPORTATION—PRESERVATION—PROGRAM P
FOR THE DEPARTMENT OF TRANSPORTATION—TRAFFIC OPERATIONS—PROGRAM Q—CAPITAL
FOR THE DEPARTMENT OF TRANSPORTATION—WASHINGTON STATE FERRIES CONSTRUCTION—PROGRAM W
FOR THE DEPARTMENT OF TRANSPORTATION—RAIL—PROGRAM Y—CAPITAL
FOR THE DEPARTMENT OF TRANSPORTATION—LOCAL PROGRAMS—PROGRAM Z—CAPITAL
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
FOR THE STATE TREASURER—STATE REVENUES FOR DISTRIBUTION
FOR THE STATE TREASURER—TRANSFERS
FOR THE DEPARTMENT OF LICENSING—TRANSFERS
FOR THE STATE TREASURER—ADMINISTRATIVE TRANSFERS
FOR THE STATE TREASURER—BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR DEBT TO BE PAID BY STATUTORILY PRESCRIBED REVENUE
The appropriations to the department of transportation in chapter 333, Laws of 2021, chapters 186 and 187, Laws of 2022, and this act must be expended for the programs and in the amounts specified in chapter 333, Laws of 2021, chapters 186 and 187, Laws of 2022, and this act. However, after May 1, 2023, unless specifically prohibited, the department may transfer state appropriations authority for the 2021-2023 fiscal biennium among operating programs upon approval by the director of the office of financial management. However, the department shall not transfer state moneys that are provided solely for a specific purpose. The department shall not transfer appropriations authority, and the director of the office of financial management shall not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds and not federal funds. The director of the office of financial management shall notify the appropriate transportation committees of the legislature before approving any allotment modifications or transfers under this section.
The following acts or parts of acts are each repealed:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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.