wa-law.org > bill > 2025-26 > SB 5801 > Substitute Bill
The legislature finds that the purpose of the transportation system is to support the mobility needs of Washington residents, as well as to sustain and foster the economic activity and growth of the state. The legislature recognizes that the transportation system has pressing near, mid, and long-term needs that necessitate reliance on reliable funding resources, as well as the efficient use of those resources. The legislature further recognizes that the production, maintenance, and utilization of transportation resources across the state is inherently a complex, multifaceted issue. The legislature therefore intends to address these resources needs in a comprehensive manner. As such, the legislature's purpose in enacting this legislation is to address the complex production, maintenance, and utilization of transportation resources in Washington to achieve both short-term investment needs and provide a long-range vision for transportation system development.
There is levied and imposed upon fuel licensees a tax at the rate of 23 cents per gallon of fuel.
Beginning July 1, 2003, an additional and cumulative tax rate of five cents per gallon of fuel is imposed on fuel licensees. This subsection (2) expires when the bonds issued for transportation 2003 projects are retired.
Beginning July 1, 2005, an additional and cumulative tax rate of three cents per gallon of fuel is imposed on fuel licensees.
Beginning July 1, 2006, an additional and cumulative tax rate of three cents per gallon of fuel is imposed on fuel licensees.
Beginning July 1, 2007, an additional and cumulative tax rate of two cents per gallon of fuel is imposed on fuel licensees.
Beginning July 1, 2008, an additional and cumulative tax rate of one and one-half cents per gallon of fuel is imposed on fuel licensees.
Beginning August 1, 2015, an additional and cumulative tax rate of seven cents per gallon of fuel is imposed on fuel licensees.
Beginning July 1, 2025, an additional and cumulative tax rate of six cents per gallon of fuel is imposed on fuel licensees.
Beginning July 1, 2026, and on July 1st of each year thereafter, the fuel tax imposed under this section on fuel licensees must be increased by an additional inflation adjustment factor. The additional inflation adjustment factor is the fuel tax rate as of June 30th of the immediately preceding fiscal year increased by two percent. The resulting fuel tax rate must be rounded to the nearest 10th cent per gallon.
Beginning July 1, 2016, an additional and cumulative tax rate of four and nine-tenths cents per gallon of fuel is imposed on fuel licensees.
Taxes are imposed when:
Fuel is removed in this state from a terminal if the fuel is removed at the rack unless the removal is by a licensed supplier or distributor for direct delivery to a destination outside of the state, or the removal is by a fuel supplier for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
Fuel is removed in this state from a refinery if either of the following applies:
The removal is by bulk transfer and the refiner or the owner of the fuel immediately before the removal is not a licensed supplier; or
The removal is at the refinery rack unless the removal is to a licensed supplier or distributor for direct delivery to a destination outside of the state, or the removal is to a licensed supplier for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320;
Fuel enters into this state for sale, consumption, use, or storage, unless the fuel enters this state for direct delivery to an international fuel tax agreement licensee under RCW 82.38.320, if either of the following applies:
The entry is by bulk transfer and the importer is not a licensed supplier; or
The entry is not by bulk transfer;
Fuel enters this state by means outside the bulk transfer-terminal system and is delivered directly to a licensed terminal unless the owner is a licensed distributor or supplier;
Fuel is sold or removed in this state to an unlicensed entity unless there was a prior taxable removal, entry, or sale of the fuel;
Blended fuel is removed or sold in this state by the blender of the fuel. The number of gallons of blended fuel subject to tax is the difference between the total number of gallons of blended fuel removed or sold and the number of gallons of previously taxed fuel used to produce the blended fuel;
Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt from the fuel tax;
Dyed special fuel is held for sale, sold, used, or is intended to be used in violation of this chapter;
Fuel is sold by a licensed fuel supplier to a fuel distributor or fuel blender and the fuel is not removed from the bulk transfer-terminal system.
All moneys that have accrued or may accrue to the motor vehicle fund from the fuel tax must be first expended for purposes enumerated in (a) and (b) of this subsection. The remaining net tax amount must be distributed monthly by the state treasurer in accordance with subsections (2) through (9) of this section.
For payment of refunds of fuel tax that has been paid and is refundable as provided by law;
For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the fuel tax, which sums must be distributed monthly.
All of the remaining net tax amount collected under RCW 82.38.030(1) must be distributed as set forth in (a) through (j) of this subsection.
For distribution to the motor vehicle fund an amount equal to 44.387 percent to be expended for highway purposes of the state as defined in RCW 46.68.130;
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For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent to be expended for special category C projects. Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.
The following criteria, listed in order of priority, must be used in determining which special category C projects have the highest priority:
(A) Accident experience;
(B) Fatal accident experience;
(C) Capacity to move people and goods safely and at reasonable speeds without undue congestion; and
(D) Continuity of development of the highway transportation network.
iii. Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (2)(b);
c. For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent;
d. For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent;
e. For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 7.5597 percent;
f. For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent and expended in accordance with RCW 47.26.086;
g. For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent in accordance with RCW 46.68.110;
h. For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent: (i) Out of which there must be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725; and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;
i. For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent. These funds must be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and must be used for improvements to sustain the structural, safety, and operational integrity of county arterials. The county road administration board must adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used;
j. For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent and expended in accordance with RCW 36.79.020.
The remaining net tax amount collected under RCW 82.38.030(2) must be distributed to the transportation 2003 account (nickel account).
The remaining net tax amount collected under RCW 82.38.030(3) must be distributed as follows:
8.3333 percent must be distributed to the incorporated cities and towns of the state in accordance with RCW 46.68.110;
8.3333 percent must be distributed to counties of the state in accordance with RCW 46.68.120; and
The remainder must be distributed to the transportation partnership account created in RCW 46.68.290.
The remaining net tax amount collected under RCW 82.38.030(4) must be distributed as follows:
8.3333 percent must be distributed to the incorporated cities and towns of the state in accordance with RCW 46.68.110;
8.3333 percent must be distributed to counties of the state in accordance with RCW 46.68.120; and
The remainder must be distributed to the transportation partnership account created in RCW 46.68.290.
The remaining net tax amount collected under RCW 82.38.030 (5) and (6) must be distributed to the transportation partnership account created in RCW 46.68.290.
The remaining net tax amount collected under RCW 82.38.030 (7) and (10) must be distributed to the connecting Washington account created in RCW 46.68.395.
The remaining net tax amount collected under RCW 82.38.030 (8) and (9) must be distributed to the move ahead WA account created in RCW 46.68.510.
Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on fuel.
Before accepting an application for an annual vehicle registration for a vehicle that both (a) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (b) is capable of traveling at least 30 miles using only battery power, except for electric motorcycles, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $150 fee in addition to any other fees and taxes required by law. The fee is due at the time of annual registration .
This section only applies to a vehicle that is designed to have the capability to drive at a speed of more than 35 miles per hour.
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The fees under this section are imposed to provide funds to mitigate the impact of vehicles on state roads and highways and for the purpose of evaluating the feasibility of transitioning from a revenue collection system based on fuel taxes to a road user assessment system, and are separate and distinct from other vehicle license fees. Proceeds from the fees must be used for highway purposes, and must be deposited in the motor vehicle fund created in RCW 46.68.070, except as otherwise provided in this section.
If in any year the amount of proceeds from the first $100 of the fee collected under subsection (1) of this section on registration renewals exceeds $1,000,000, the excess amount over $1,000,000 must be deposited as follows:
Seventy percent to the motor vehicle fund created in RCW 46.68.070;
Fifteen percent to the transportation improvement account created in RCW 47.26.084; and
Fifteen percent to the rural arterial trust account created in RCW 36.79.020.
The first $100 of the fee collected under subsection (1) of this section on original registrations must be deposited in the move ahead WA account created in RCW 46.68.510.
$50 of the fee collected under subsection (1) of this section on both original registrations and renewal registrations must be deposited in the move ahead WA account created in RCW 46.68.510.
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In addition to the fee established in subsection (1) of this section, before accepting an application for an annual vehicle registration for a vehicle that both (i) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (ii) is capable of traveling at least 30 miles using only battery power, except for electric motorcycles, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $50 fee.
Except as provided in subsection (7) of this section, the fee required under (a) of this subsection on registration renewals must be distributed as follows:
The first $1,000,000 raised by the fee must be deposited into the multimodal transportation account created in RCW 47.66.070; and
Any remaining amounts must be deposited into the motor vehicle fund created in RCW 46.68.070.
Except as provided in subsection (7) of this section, the fee required under (a) of this subsection on original registrations must be deposited in the move ahead WA account created in RCW 46.68.510.
Beginning November 1, 2022, before accepting an application for an annual vehicle registration for an electric motorcycle that uses propulsion units powered solely by electricity, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $30 fee in addition to any other fees and taxes required by law. The $30 fee is due at the time of annual registration .
(a) Except as provided in subsection (7) of this section, the fees collected pursuant to subsection (5) of this section on registration renewals shall be deposited into the motor vehicle fund created in RCW 46.68.070 and the fees collected pursuant to subsection (5) of this section on original registrations shall be deposited in the move ahead WA account created in RCW 46.68.510.
Beginning July 1, 2026, and on July 1st of each year thereafter, the fees under subsections (1), (4), and (5) of this section must be increased by an additional inflation adjustment factor. The additional inflation adjustment factor is the fee rate as of June 30th of the immediately preceding fiscal year increased by two percent. The result must be rounded to the nearest 20th of $1. The entire amount of the proceeds from the additional inflation adjustment factor under this subsection must be deposited in the move ahead WA account created in RCW 46.68.510.
This section applies to annual vehicle registrations until the effective date of enacted legislation that imposes a vehicle miles traveled fee or tax.
The fees in this section shall be known and designated as the ""Fix Our Roads" Electric vehicle registration renewal fees—Electric motorcycles."
A vehicle that both (a) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (b) is capable of traveling at least 30 miles using only battery power, is subject to an annual $75 transportation electrification fee to be collected by the department, county auditor, or other agent or subagent appointed by the director, in addition to any other fees and taxes required by law. For administrative efficiencies, the transportation electrification fee must be collected at the same time as an annual vehicle registration .
Beginning October 1, 2019, in lieu of the fee in subsection (1) of this section for a hybrid or alternative fuel vehicle that is not required to pay the fees established in RCW 46.17.323 (1) and (4), the department, county auditor, or other agent or subagent appointed by the director must require that the applicant for the annual vehicle registration of such hybrid or alternative fuel vehicle pay a $100 hybrid vehicle transportation electrification fee, in addition to any other fees and taxes required by law.
The first $75 of the fees on renewal registrations required under this section must be deposited in the motor vehicle account. The remaining amounts on registration renewals and all of the fees on original registrations must be deposited in the move ahead WA account created in RCW 46.68.510.
Beginning July 1, 2026, and on July 1st of each year thereafter, the fees under this section must be increased by an additional inflation adjustment factor. The additional inflation adjustment factor is the fee rate as of June 30th of the immediately preceding fiscal year increased by two percent. The result must be rounded to the nearest 20th of $1. The entire amount of the proceeds from the additional inflation adjustment factor under this subsection must be deposited in the move ahead WA account created in RCW 46.68.510.
This section only applies to a vehicle that is designed to have the capability to drive at a speed of more than 35 miles per hour.
The fees in this section shall be known and designated as the ""Fix Our Roads" Electric Transportation electrification fee."
The department, county auditor or other agent, or subagent appointed by the director shall collect a service fee of:
$18 for changes in a certificate of title, changes in ownership for nontitled vehicles, or for verification of record and preparation of an affidavit of lost title other than at the time of the certificate of title application or transfer, in addition to any other fees or taxes due at the time of application; and
$11 for a registration renewal, issuing a transit permit, or any other service under this section, in addition to any other fees or taxes due at the time of application.
Service fees collected under this section by the department or county auditor or other agent appointed by the director must be credited to the capital vessel replacement account under RCW 47.60.322.
A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a $6 filing fee in addition to any other fees and taxes required by law.
A person who applies for a certificate of title shall pay a $6.50 filing fee in addition to any other fees and taxes required by law.
The filing fees established in this section must be distributed under RCW 46.68.400.
Sections 105 and 106 of this act apply to registrations that are due or become due on or after January 1, 2026, and certificate of title transactions that are processed on or after January 1, 2026.
There is levied and collected a tax equal to six and five-tenths percent of the selling price on each retail sale in this state of:
Tangible personal property, unless the sale is specifically excluded from the RCW 82.04.050 definition of retail sale;
Digital goods, digital codes, and digital automated services, if the sale is included within the RCW 82.04.050 definition of retail sale;
Services, other than digital automated services, included within the RCW 82.04.050 definition of retail sale;
Extended warranties to consumers; and
Anything else, the sale of which is included within the RCW 82.04.050 definition of retail sale.
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There is levied and collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to :
ii.(A) Nine and nine-tenths percent of the selling price beginning January 1, 2027.
(B) The revenue collected from the first five and nine-tenths percent of the selling price under (a) of this subsection must be deposited in the multimodal transportation account created in RCW 47.66.070 with the remainder deposited in the move ahead WA flexible account created in RCW 46.68.520.
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i. There is levied and collected an additional tax on peer-to-peer car sharing transactions equal to the selling price multiplied by the rate of tax imposed in (a) of this subsection. The revenue collected under this subsection (2)(b) must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
ii. For purposes of this subsection (2)(b), "peer-to-peer car sharing" has the same meaning as in RCW 46.74A.010. "Peer-to-peer car sharing" does not mean:
(A) "Retail car rental" as defined in RCW 82.08.011; or
(B) "Rental car" as defined in RCW 46.04.465 or 48.115.005.
Beginning July 1, 2003, there is levied and collected an additional tax of three-tenths of one percent of the selling price on each retail sale of a motor vehicle in this state, other than retail car rentals taxed under subsection (2) of this section. The revenue collected under this subsection must be deposited in the multimodal transportation account created in RCW 47.66.070.
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In addition to the taxes imposed in subsections (1) and (3) of this section, there is levied and collected an additional 10 percent luxury vehicle tax on the sale of a passenger motor vehicle if:
The selling price of the passenger motor vehicle exceeds $100,000; or
In the case of a lease requiring periodic payments, the fair market value of the passenger motor vehicle exceeds $100,000 at the inception of the lease.
The additional tax imposed in this subsection applies to passenger motor vehicles not used exclusively for a business purpose.
The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $100,000, or in the case of a lease requiring periodic payments, the fair market value of the passenger motor vehicle in excess of $100,000 at the inception of the lease.
For purposes of this subsection, "passenger motor vehicle" means any motor vehicle that is designed for carrying 10 or fewer passengers, including passenger cars, light trucks, limousines, motorcycles, passenger vans, and sport utility vehicles. For purposes of this subsection (4), the definitions in chapter 46.04 RCW apply.
The revenue collected under this subsection must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
For purposes of subsection (3) of this section, "motor vehicle" has the meaning provided in RCW 46.04.320, but does not include:
Farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, unless the farm tractor or farm vehicle is for use in the production of cannabis;
Off-road vehicles as defined in RCW 46.04.365;
Nonhighway vehicles as defined in RCW 46.09.310; and
Snowmobiles as defined in RCW 46.04.546.
Beginning on December 8, 2005, 0.16 percent of the taxes collected under subsection (1) of this section must be dedicated to funding comprehensive performance audits required under RCW 43.09.470. The revenue identified in this subsection must be deposited in the performance audits of government account created in RCW 43.09.475.
The taxes imposed under this chapter apply to successive retail sales of the same property.
The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.
There is levied and collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any:
Article of tangible personal property acquired by the user in any manner, including tangible personal property acquired at a casual or isolated sale, and including by-products used by the manufacturer thereof, except as otherwise provided in this chapter, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state;
Prewritten computer software, regardless of the method of delivery, but excluding prewritten computer software that is either provided free of charge or is provided for temporary use in viewing information, or both;
Services defined as a retail sale in RCW 82.04.050 (2) (a) or (g) or (6)(c), excluding services defined as a retail sale in RCW 82.04.050(6)(c) that are provided free of charge;
Extended warranty; or
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Digital good, digital code, or digital automated service, including the use of any services provided by a seller exclusively in connection with digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services.
With respect to the use of digital goods, digital automated services, and digital codes acquired by purchase, the tax imposed in this subsection (1)(e) applies in respect to:
(A) Sales in which the seller has granted the purchaser the right of permanent use;
(B) Sales in which the seller has granted the purchaser a right of use that is less than permanent;
(C) Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and
(D) Sales in which the purchaser is obligated to make continued payment as a condition of the sale.
iii. With respect to digital goods, digital automated services, and digital codes acquired other than by purchase, the tax imposed in this subsection (1)(e) applies regardless of whether or not the consumer has a right of permanent use or is obligated to make continued payment as a condition of use.
The provisions of this chapter do not apply in respect to the use of any article of tangible personal property, extended warranty, digital good, digital code, digital automated service, or service taxable under RCW 82.04.050 (2) (a) or (g) or (6)(c), if the sale to, or the use by, the present user or the present user's bailor or donor has already been subjected to the tax under chapter 82.08 RCW or this chapter and the tax has been paid by the present user or by the present user's bailor or donor.
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Except as provided in this section, payment of the tax imposed by this chapter or chapter 82.08 RCW by one purchaser or user of tangible personal property, extended warranty, digital good, digital code, digital automated service, or other service does not have the effect of exempting any other purchaser or user of the same property, extended warranty, digital good, digital code, digital automated service, or other service from the taxes imposed by such chapters.
The tax imposed by this chapter does not apply:
If the sale to, or the use by, the present user or his or her bailor or donor has already been subjected to the tax under chapter 82.08 RCW or this chapter and the tax has been paid by the present user or by his or her bailor or donor;
In respect to the use of any article of tangible personal property acquired by bailment and the tax has once been paid based on reasonable rental as determined by RCW 82.12.060 measured by the value of the article at time of first use multiplied by the tax rate imposed by chapter 82.08 RCW or this chapter as of the time of first use;
In respect to the use of any article of tangible personal property acquired by bailment, if the property was acquired by a previous bailee from the same bailor for use in the same general activity and the original bailment was prior to June 9, 1961; or
To the use of digital goods or digital automated services, which were obtained through the use of a digital code, if the sale of the digital code to, or the use of the digital code by, the present user or the present user's bailor or donor has already been subjected to the tax under chapter 82.08 RCW or this chapter and the tax has been paid by the present user or by the present user's bailor or donor.
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Except as provided in (b) of this subsection (4), the tax is levied and must be collected in an amount equal to the value of the article used, value of the digital good or digital code used, value of the extended warranty used, or value of the service used by the taxpayer, multiplied by the applicable rates in effect for the retail sales tax under RCW 82.08.020.
In the case of a seller required to collect use tax from the purchaser, the tax must be collected in an amount equal to the purchase price multiplied by the applicable rate in effect for the retail sales tax under RCW 82.08.020.
For purposes of the tax imposed in this section, "person" includes anyone within the definition of "buyer," "purchaser," and "consumer" in RCW 82.08.010.
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The tax imposed in this section at the rate provided in RCW 82.08.020(4) applies to the use of a passenger motor vehicle as defined in RCW 82.08.020(4) on the value of the passenger motor vehicle in excess of $100,000 at the time that it is first used in this state by the consumer.
"Value of the passenger motor vehicle" means the fair market value of the passenger motor vehicle. In the case of a leased passenger motor vehicle in which the consumer is required to make periodic lease payments, "value of the passenger motor vehicle" means the fair market value of the passenger motor vehicle at the inception of the lease.
The revenue collected under this subsection must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
The additional sales and use tax imposed in sections 201 and 202 of this act applies only to passenger motor vehicles acquired by the purchaser on or after January 1, 2026. In the case of leased passenger motor vehicles, the additional sales and use tax imposed in sections 201 and 202 of this act applies only with respect to leases entered into by the lessee on or after January 1, 2026.
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In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected an electric bicycle surcharge equal to 10 percent of the selling price on each retail sale in this state of new electric bicycles. The electric bicycle surcharge applies to Class 1 and 2 electric-assisted bicycles as defined in RCW 46.04.169 (1) and (2) without UL or EN certification and Class 3 electric-assisted bicycles as defined in RCW 46.04.169(3).
All electric bicycle surcharge amounts shall be reported and remitted to the department in a manner and frequency consistent with the reporting and remittance of state sales taxes, and on such forms as the department shall prescribe and approve.
The tax collected by the electric bicycle retailer is deemed to be held in trust until paid to the department. Any electric bicycle retailer who appropriates or converts the tax collected to the dealer's own use or to any use other than the payment of the tax to the extent that the money required to be collected is not available for payment on the due date as prescribed in this chapter is guilty of a gross misdemeanor.
The definitions in this subsection apply throughout this chapter, unless the context clearly requires otherwise.
"Electric bicycle" has the same meaning as "electric-assisted bicycle" as provided in RCW 46.04.169.
"Selling price" has the same meaning as provided in RCW 82.08.010.
The revenue collected under this chapter must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
Chapter 82.32 RCW applies to the administration of the electric bicycle surcharge authorized in this chapter.
The electric bicycle surcharge authorized in this chapter does not apply to any transaction that the state is prohibited from taxing under the Constitution of this state or the Constitution or laws of the United States.
There are no other exemptions from this tax.
There is levied a $5 per tire fee on the retail sale of new replacement vehicle tires. The fee imposed in this section must be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller less the amount retained by the seller as provided in RCW 70A.205.430(1) must be paid to the department of revenue in accordance with RCW 82.32.045.
The department of revenue shall incorporate into the agency's regular audit cycle a reconciliation of the number of tires sold and the amount of revenue collected by the businesses selling new replacement vehicle tires at retail. The department of revenue shall collect on the business excise tax return from the businesses selling new replacement vehicle tires at retail:
The number of tires sold; and
The fee levied in this section.
All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this section. The department of revenue shall administer this section.
For the purposes of this section, "new replacement vehicle tires" means tires that are newly manufactured for vehicle purposes and does not include retreaded vehicle tires.
Every person engaged in making retail sales of new replacement vehicle tires in this state shall retain 25 cents for each tire subject to the fee imposed under RCW 70A.205.405. The moneys retained may be used for costs associated with the proper management of the waste vehicle tires by the retailer.
The department of ecology will administer the funds for the purposes specified in RCW 70A.205.010(6) including, but not limited to:
Making grants to local governments for pilot demonstration projects for on-site shredding and recycling of tires from unauthorized dump sites;
Grants to local government for enforcement programs;
Implementation of a public information and education program to include posters, signs, and informational materials to be distributed to retail tire sales and tire service outlets;
Product marketing studies for recycled tires and alternatives to land disposal.
The first $600,000 of the receipts from the tire fees imposed under RCW 70A.205.405each fiscal year must be deposited in the waste tire removal account created under RCW 70A.205.415 with remainder distributed as provided in subsection (2) of this section. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the cleanup of unauthorized waste tire piles and measures that prevent future accumulation of unauthorized waste tire piles.
(a) After making the deposit required under subsection (1) of this section, $4,750,000 of the remaining net receipts from the tire fee imposed under RCW 70A.205.405 each fiscal year must be deposited in the motor vehicle fund for the purpose of road wear related maintenance on state and local public highways.
Beginning January 1, 2026, a large event transportation assessment is imposed on large events occurring at a large event facility. The amount of the assessment is $1 per attendee of the large event.
The large event transportation assessment is a legal obligation of the large event facility operator, but may be separately listed for informational purposes on customer ticket or billing documents. If a large event is canceled or postponed, the large event assessment is not due and payable until after the large event has occurred. For an event occurring over multiple days, the large event transportation assessment is assessed for each day the event constitutes a large event.
The large event transportation assessment does not apply to the area fairs, county fairs, community fairs, or youth shows and fairs described in RCW 15.76.120 or any state fair.
For the purposes of this chapter, the following definitions apply unless the context clearly requires otherwise.
"Attendee" means an individual admitted or attending a large event by paying an admission charge, purchasing a ticket including season tickets, subscription, or admitted to the large event free of charge, at a reduced rate, or based on a complimentary admission. An attendee also includes individuals working at the large event or providing contracted services on the premises, including assisting with parking.
"Event day" means each day that a sports contest, concert, trade convention, or any other similar activity, takes place.
"Large event" means any sports contest, concert, trade convention, or any other similar activity, which draws at least 20,000 attendees on an event day. "Large event" does not include any state or local fairs, including youth shows and fairs described in RCW 15.76.120.
"Large event facility" means a facility described under RCW 82.29A.130 (14) or (15). "Large event facility" also includes a convention center, amusement park, or any other sports facility, concert venue, or similar public entertainment or spectator venue that is specifically designed to accommodate or seat at least 20,000 attendees per event day.
"Large event facility operator" means the owner or operator of a large event facility.
The department may adopt such rules as may be necessary to enforce and administer the provisions of this chapter. To the extent applicable, chapter 82.32 RCW applies to the large event transportation assessment imposed in this chapter.
Revenues collected under this chapter must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
The provisions of RCW 82.32.805 and 82.32.808 do not apply to sections 212 through 214 of this act.
In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected an additional 10 percent luxury motor home tax on the sale of a motor home if:
The selling price of the motor home exceeds $500,000; or
In the case of a lease requiring periodic payments, the fair market value of the motor home exceeds $500,000 at the inception of the lease.
The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $500,000, or in the case of a lease requiring periodic payments, the fair market value of the motor home in excess of $500,000 at the inception of the lease.
In addition to taxes required under chapters 82.08, 82.12, and 82.49 RCW, there is levied and collected an additional 10 percent luxury vessel tax on the sale of a recreational vessel if:
The selling price of the recreational vessel exceeds $500,000; or
In the case of a lease requiring periodic payments, the fair market value of the recreational vessel exceeds $500,000 at the inception of the lease.
The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $500,000, or in the case of a lease requiring periodic payments, the fair market value of the recreational vessel in excess of $500,000 at the inception of the lease.
In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected an additional 10 percent luxury aircraft tax on the sale of a noncommercial aircraft if:
The selling price of the noncommercial aircraft exceeds $500,000; or
In the case of a lease requiring periodic payments, the fair market value of the noncommercial aircraft exceeds $500,000 at the inception of the lease.
The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $500,000, or in the case of a lease requiring periodic payments, the fair market value of the noncommercial aircraft in excess of $500,000 at the inception of the lease.
The definitions in this subsection apply throughout this chapter, unless the context clearly requires otherwise.
"Motor home" has the same meaning as provided in RCW 46.04.623.
"Vessel" has the same meaning as provided in RCW 88.02.310.
"Aircraft" has the same meaning as provided in RCW 47.68.020.
"Selling price" has the same meaning as provided in RCW 82.08.010.
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In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected from every person in this state a tax for the privilege of using within this state as a consumer any motor home if the value of the motor home exceeds $500,000.
The tax is levied and must be collected in an amount equal to the value of the motor home that exceeds $500,000, multiplied by 10 percent.
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In addition to taxes required under chapters 82.08, 82.12, and 82.49 RCW, there is levied and collected from every person in this state a tax for the privilege of using within this state as a consumer any recreational vessel if the value of the vessel exceeds $500,000.
The tax is levied and must be collected in an amount equal to the value of the vessel that exceeds $500,000, multiplied by 10 percent.
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In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected from every person in this state a tax for the privilege of using within this state as a consumer any noncommercial aircraft if the value of the aircraft exceeds $500,000.
The tax is levied and must be collected in an amount equal to the value of the aircraft that exceeds $500,000, multiplied by 10 percent.
"Value" means the fair market value of the motor home, vessel, or aircraft. In the case of a leased passenger the motor home, vessel, or aircraft in which the consumer is required to make periodic lease payments, "value" of the motor home, vessel, or aircraft means the fair market value of the motor home, vessel, or aircraft at the inception of the lease.
The revenue collected under this chapter must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
Chapter 82.32 RCW applies to the administration of the luxury taxes authorized in this chapter.
Sections 217 through 220 of this act constitute a new chapter in Title 82 RCW.
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The department, upon receipt of a fee of $80, unless the driver's license is issued for a period other than eight years, in which case the fee shall be $10 for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license.
Beginning July 1, 2026, and on July 1st of each year thereafter, the fee under (a) of this subsection must be increased by an additional inflation adjustment factor. The additional inflation adjustment factor is the fee rate as of June 30th of the immediately preceding fiscal year increased by two percent. The result must be rounded to the nearest 20th of $1.
A driver's license issued to a person under the age of 18 is an intermediate license, subject to the restrictions imposed under RCW 46.20.075, until the person reaches the age of eighteen.
The license must include:
A distinguishing number assigned to the licensee;
The name of record;
Date of birth;
Washington residence address;
Photograph;
A brief description of the licensee;
Either a facsimile of the signature of the licensee or a space upon which the licensee shall write the licensees' usual signature with pen and ink immediately upon receipt of the license;
If applicable, the person's status as a veteran as provided in subsection (4) of this section; and
No license is valid until it has been signed by the licensee.
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A veteran, as defined in RCW 41.04.007, may apply to the department to obtain a veteran designation on a driver's license issued under this section by providing:
A United States department of veterans affairs identification card or proof of service letter;
A United States department of defense discharge document, DD Form 214 or DD Form 215, as it exists on June 7, 2018, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, or equivalent or successor discharge paperwork, that establishes the person's service in the armed forces of the United States and qualifying discharge as defined in RCW 73.04.005;
A national guard state-issued report of separation and military service, NGB Form 22, as it exists on June 7, 2018, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, or equivalent or successor discharge paperwork, that establishes the person's active duty or reserve service in the national guard and qualifying discharge as defined in RCW 73.04.005; or
A United States uniformed services identification card, DD Form 2, that displays on its face that it has been issued to a retired member of any of the armed forces of the United States, including the national guard and armed forces reserves.
The department may permit a veteran, as defined in RCW 41.04.007, to submit alternate forms of documentation to apply to obtain a veteran designation on a driver's license.
Any person may apply to the department to obtain a medical alert designation, a developmental disability designation, or a deafness designation on a driver's license issued under this chapter by providing:
Self-attestation that the individual:
Has a medical condition that could affect communication or account for a driver health emergency;
Is deaf or hard of hearing; or
Has a developmental disability as defined in RCW 71A.10.020;
A statement from the person that they have voluntarily provided the self-attestation and other information verifying the condition; and
For persons under 18 years of age or who have a developmental disability, the signature of a parent or legal guardian.
A self-attestation or data contained in a self-attestation provided under this section:
Shall not be disclosed;
Is for the confidential use of the director, the chief of the Washington state patrol, and law enforcement and emergency medical service providers as designated by law; and
Is subject to the privacy protections of the driver's privacy protection act, 18 U.S.C. Sec. 2725.
Except as provided in subsection (4) or (5) of this section, every driver's license expires on the eighth anniversary of the licensee's birthdate following the issuance of the license.
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A person may renew a license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of $80.
Beginning July 1, 2026, and on July 1st of each year thereafter, the fee under (a) of this subsection must be increased by an additional inflation adjustment factor. The additional inflation adjustment factor is the fee rate as of June 30th of the immediately preceding fiscal year increased by two percent. The result must be rounded to the nearest 20th of $1.
This fee includes the fee for the required photograph.
A person renewing a driver's license more than 60 days after the license has expired shall pay a penalty fee of $10 in addition to the renewal fee, unless the license expired when:
The person was outside the state and the licensee renews the license within 60 days after returning to this state; or
The person was incapacitated and the licensee renews the license within 60 days after the termination of the incapacity.
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The department may issue or renew a driver's license for a period other than eight years, or may extend by mail or electronic commerce a license that has already been issued. The fee for a driver's license issued or renewed for a period other than eight years, or that has been extended by mail or electronic commerce, is $10 for each year that the license is issued, renewed, or extended.
Beginning July 1, 2026, and on July 1st of each year thereafter, the fee under (a) of this subsection must be increased by an additional inflation adjustment factor. The additional inflation adjustment factor is the fee rate as of June 30th of the immediately preceding fiscal year increased by two percent. The result must be rounded to the nearest 20th of $1.
The department must offer the option to issue or renew a driver's license for six years in addition to the eight year issuance. The department may adopt any rules as are necessary to carry out this subsection.
A driver's license that includes a hazardous materials endorsement under chapter 46.25 RCW may expire on an anniversary of the licensee's birthdate other than the eighth year following issuance or renewal of the license in order to match, as nearly as possible, the validity of certification from the federal transportation security administration that the licensee has been determined not to pose a security risk. The fee for a driver's license issued or renewed for a period other than eight years is $9 for each year that the license is issued or renewed, not including any endorsement fees. The department may adjust the expiration date of a driver's license that has previously been issued to conform to the provisions of this subsection if a hazardous materials endorsement is added to the license subsequent to its issuance. If the validity of the driver's license is extended, the licensee must pay a fee of $9 for each year that the license is extended.
The department may adopt any rules as are necessary to carry out this section.
(1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
Except as provided in subsections (2) through (5) of this section, the department must forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who must deposit such moneys to the credit of the highway safety fund.
Fifty-six percent of each fee collected by the department under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) must be deposited in the impaired driving safety account.
Fifty percent of the revenue from the fees imposed under RCW 46.20.200(2) must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
Ten percent of the revenue collected from the fees imposed under the following must be deposited in the move ahead WA flexible account created in RCW 46.68.520:
RCW 46.20.117 (1) and (7);
RCW 46.20.161(1)(a); and
RCW 46.20.181 (2)(a) and (4)(a).
All revenue generated from the additional inflation adjustment factor under the following must be deposited in the move ahead WA flexible account created in RCW 46.68.520:
RCW 42.20.161(1)(b);
RCW 42.20.181 (2)(b) and (4)(b); and
RCW 46.20.117(9).
This section applies to the use of speed safety camera systems in state highway work zones.
Nothing in this section prohibits a law enforcement officer from issuing a notice of infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
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The department of transportation is responsible for all actions related to the operation and administration of speed safety camera systems in state highway work zones including, but not limited to, the procurement and administration of contracts necessary for the implementation of speed safety camera systems, the mailing of notices of infraction, and the development and maintenance of a public-facing website for the purpose of educating the traveling public about the use of speed safety camera systems in state highway work zones. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the department of transportation, in consultation with the Washington state patrol, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
The Washington state patrol is responsible for all actions related to the enforcement and adjudication of speed violations under this section including, but not limited to, notice of infraction verification and issuance authorization, and determining which types of emergency vehicles are exempt from being issued notices of infraction under this section. Prior to the use of a speed safety camera system to capture a violation established in this section for enforcement purposes, the Washington state patrol, in consultation with the department of transportation, department of licensing, office of administrative hearings, Washington traffic safety commission, and other organizations committed to protecting civil rights, must adopt rules addressing such actions and take all necessary steps to implement this section.
When establishing rules under this subsection (3), the department of transportation and the Washington state patrol may also consult with other public and private agencies that have an interest in the use of speed safety camera systems in state highway work zones.
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No person may drive a vehicle in a state highway work zone at a speed greater than that allowed by traffic control devices.
A notice of infraction may only be issued under this section if a speed safety camera system captures a speed violation in a state highway work zone when workers are present.
The penalty for a speed safety camera system violation is: (a) $125 for the first violation; and (b) $248 for the second violation, and for each violation thereafter.
During the 30-day period after the first speed safety camera system is put in place, the department is required to conduct a public awareness campaign to inform the public of the use of speed safety camera systems in state highway work zones.
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A notice of infraction issued under this section may be mailed to the registered owner of the vehicle within 30 days of the violation, or to the renter of a vehicle within 30 days of establishing the renter's name and address. The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by a speed safety camera stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this section. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the violation.
A notice of infraction represents a determination that an infraction has been committed, and the determination will be final unless contested as provided under this section.
A person receiving a notice of infraction based on evidence detected by a speed safety camera system must, within 30 days of receiving the notice of infraction: (i) Except for a first violation under subsection (5)(a) of this section, remit payment in the amount of the penalty assessed for the violation; (ii) contest the determination that the infraction occurred by following the instructions on the notice of infraction; or (iii) admit to the infraction but request a hearing to explain mitigating circumstances surrounding the infraction.
If a person fails to respond to a notice of infraction, a final order shall be entered finding that the person committed the infraction and assessing monetary penalties required under subsection (5)(b) of this section.
If a person contests the determination that the infraction occurred or requests a mitigation hearing, the notice of infraction shall be referred to the office of administrative hearings for adjudication consistent with chapter 34.05 RCW.
At a hearing to contest an infraction, the agency issuing the infraction has the burden of proving, by a preponderance of the evidence, that the infraction was committed.
A person may request a payment plan at any time for the payment of any penalty or other monetary obligation associated with an infraction under this section. The agency issuing the infraction shall provide information about how to submit evidence of inability to pay, how to obtain a payment plan, and that failure to pay or enter into a payment plan may result in collection action or nonrenewal of the vehicle registration. The office of administrative hearings may authorize a payment plan if it determines that a person is not able to pay the monetary obligation, and it may modify a payment plan at any time.
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Speed safety camera systems may only take photographs, microphotographs, or electronic images of the vehicle and vehicle license plate and only while a speed violation is occurring. The photograph, microphotograph, or electronic image must not reveal the face of the driver or any passengers in the vehicle. The department of transportation shall consider installing speed safety camera systems in a manner that minimizes the impact of camera flash on drivers.
The registered owner of a vehicle is responsible for a traffic infraction under RCW 46.63.030 unless the registered owner overcomes the presumption in RCW 46.63.075 or, in the case of a rental car business, satisfies the conditions under (f) of this subsection. If appropriate under the circumstances, a renter identified under (f)(i) of this subsection is responsible for the traffic infraction.
Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of the Washington state patrol and department of transportation in the discharge of duties under this section and are not open to the public and may not be used in court in a pending action or proceeding unless the action or proceeding relates to a speed violation under this section. This data may be used in administrative appeal proceedings relative to a violation under this section.
All locations where speed safety camera systems are used must be clearly marked before activation of the camera system by placing signs in locations that clearly indicate to a driver that they are entering a state highway work zone where posted speed limits are monitored by a speed safety camera system. Additionally, where feasible and constructive, radar speed feedback signs will be placed in advance of the speed safety camera system to assist drivers in complying with posted speed limits. Signs placed in these locations must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW.
Imposition of a penalty for a speed violation detected through the use of speed safety camera systems shall not be deemed a conviction as defined in RCW 46.25.010, and shall not be part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of speed safety camera systems under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW 46.16A.120 and 46.20.270(2).
If the registered owner of the vehicle is a rental car business, the department of transportation shall, before a notice of infraction may be issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 30 days of receiving the written notice, provide to the issuing agency by return mail:
i.(A) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the speed violation occurred;
(B) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the speed violation occurred because the vehicle was stolen at the time of the violation. A statement provided under this subsection (8)(f)(i)(B) must be accompanied by a copy of a filed police report regarding the vehicle theft; or
(C) In lieu of identifying the vehicle operator, payment of the applicable penalty.
ii. Timely mailing of a statement to the department of transportation relieves a rental car business of any liability under this chapter for the notice of infraction.
Revenue generated from the deployment of speed safety camera systems must be deposited into the highway safety fund and first used exclusively for the operating and administrative costs under this section. The operation of speed safety camera systems is intended to increase safety in state highway work zones by changing driver behavior. Consequently, any revenue generated that exceeds the operating and administrative costs under this section must be distributed for the purpose of traffic safety including, but not limited to, driver training education and local DUI emphasis patrols.
The Washington state patrol and department of transportation, in collaboration with the Washington traffic safety commission, must report to the transportation committees of the legislature by July 1, 2025, and biennially thereafter, on the data and efficacy of speed safety camera system use in state highway work zones. The final report due on July 1, 2029, must include a recommendation on whether or not to continue such speed safety camera system use beyond June 30, 2030.
For the purposes of this section:
"Speed safety camera system" means employing the use of speed measuring devices and cameras synchronized to automatically record one or more sequenced photographs, microphotographs, or other electronic images of a motor vehicle that exceeds a posted state highway work zone speed limit as detected by the speed measuring devices.
"State highway work zone" means an area of any highway with construction, maintenance, utility work, or incident response activities authorized by the department of transportation. A state highway work zone is identified by the placement of temporary traffic control devices that may include signs, channelizing devices, barriers, pavement markings, and/or work vehicles with warning lights. It extends from the first warning sign or high intensity rotating, flashing, oscillating, or strobe lights on a vehicle to the end road work sign or the last temporary traffic control device or vehicle.
This section expires June 30, 2030.
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A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed $250 for each offense unless authorized by this chapter or title.
The court may waive or remit any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction unless the specific monetary obligation in question is prohibited from being waived or remitted by state law.
The monetary penalty for a violation of (a) RCW 46.55.105(2) is $250 for each offense; (b) RCW 46.61.210(1) is $500 for each offense. No penalty assessed under this subsection (2) may be reduced.
The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
There shall be a penalty of $25 for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed $25 for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
Monetary penalties provided for in chapter 46.70 RCW that are civil in nature and penalties that may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil judgment under Title 6 RCW. If the court determines that a person is not able to pay a monetary obligation in full, the court shall enter into a payment plan with the person in accordance with RCW 46.63.190 and standards that may be set out in court rule.
In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:
A fee of $5 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040;
A fee of $10 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the general fund;
A fee of $5 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in RCW 74.31.060; and
Beginning January 1, 2026, a fee of $10 per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the highway safety fund created in RCW 46.68.060.
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In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 or 46.61.212 shall be assessed an additional penalty of $24. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
$12.50 of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as follows: $8.50 in the state general fund and $4 in the driver licensing technology support account created under RCW 46.68.067. The moneys deposited into the driver licensing technology support account must be used to support information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the person may request a payment plan pursuant to RCW 46.63.190.
The monetary penalty for violating RCW 46.37.395 is: (a) $250 for the first violation; (b) $500 for the second violation; and (c) $750 for each violation thereafter.
The additional monetary penalty for a violation of RCW 46.20.500 is not subject to assessments or fees provided under this section.
The additional monetary fine for a violation of RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205 is not subject to assessments or fees provided under this section.
The additional monetary penalties for a violation of RCW 46.61.165 are not subject to assessments or fees provided under this section.
The monetary penalty for a violation of RCW 46.63.200 is not subject to assessments or fees provided under this section.
The monetary penalty for a violation of RCW 46.16A.030(5)(b) is not subject to assessments or fees provided under this section.
The Washington state ferries shall implement cost recovery mechanisms to recoup at least three percent in credit card and other financial transaction costs related to the collection of ferry fares imposed under RCW 47.60.290 and 47.60.315. As part of the cost recovery mechanisms, the Washington state ferries may recover transaction fees incurred through credit card transactions. The Washington state ferries must notify customers of the fee at the point-of-sale and itemize the fee on customer receipts. Costs recovered under this section may not be considered revenue for the purposes of fare setting.
By September 1, 2025, the department of licensing in conjunction with the Washington state department of transportation, along with involvement from the Washington state transit association, and other relevant parties, must determine a recommended method of collection and schedule to compensate the state for vehicle registration and other vehicle fee-related exemption impacts from vehicles owned or operated by public transit agencies and regional transit authorities.
The schedule and related provisions must calculate an assessment for each bus and other motor vehicle for road use owned or operated by each transit agency and the regional transit authority. The fee schedule does not need to be uniform and may be different for particular types or sizes of agencies, but the fee schedule must in aggregate total $4,500,000 per year. The recommended method of collection must include either the collection method identified in section 309 or 310 of this act, or a combination thereof.
A final report with the recommended method of collection and schedule must be submitted to the transportation committees of the legislature by September 1, 2025.
Based on the recommended method of collection and schedule resulting from the requirements of section 308 of this act, by October 1, 2025, the department must begin collection, if applicable, of the $4,500,000 per year collection amount for fiscal year 2026, or the appropriate portion thereof, from public transit agencies and the regional transit authority using the most cost efficient collection method as deemed appropriate.
The department must then collect the $4,500,000 collection amount for each subsequent fiscal year, or the appropriate portion thereof, using the most cost efficient collection method as deemed appropriate.
The assessments collected under this section must be deposited in the move ahead WA flexible account created in RCW 46.68.520.
Based on the recommended method of collection and schedule resulting from the requirements of section 308 of this act, by October 1, 2025, the Washington state department of transportation, must begin collection, if applicable, of the $4,500,000 per year collection amount for fiscal year 2026, or the appropriate portion thereof, by making reductions in regional mobility grants awarded under RCW 47.66.030, transit support grants under RCW 47.66.140, or other grants and allocations as deemed appropriate.
The department must then collect the $4,500,000 collection amount for each subsequent fiscal year, or the appropriate portion thereof, by making reductions in regional mobility grants awarded under RCW 47.66.030, transit support grants awarded under RCW 47.66.140, or other grants and allocations as deemed appropriate.
The commission shall fix the rates of toll and other charges for all toll bridges built under this chapter that are financed primarily by bonds issued by the state. Subject to RCW 47.46.090, the commission may impose and modify toll charges from time to time as conditions warrant. However, except for publicly or privately owned or operated school buses, the commission may not exempt publicly or privately owned or operated transit buses, vans, and ride share vehicles, and must modify tolling provisions accordingly by October 1, 2025.
In establishing toll charges, the commission shall give due consideration to any required costs for operating and maintaining the toll bridge or toll bridges, including the cost of insurance, and to any amount required by law to meet the redemption of bonds and interest payments on them.
The toll charges must be imposed in amounts sufficient to:
Provide annual revenue sufficient to provide for annual operating and maintenance expenses;
Make payments required under RCW 47.56.165 and 47.46.140, including insurance costs and the payment of principal and interest on bonds issued for any particular toll bridge or toll bridges; and
Repay the motor vehicle fund under RCW 47.56.165 and 47.46.140.
The bond principal and interest payments, including repayment of the motor vehicle fund for amounts transferred from that fund to provide for such principal and interest payments, constitute a first direct and exclusive charge and lien on all tolls and other revenues from the toll bridge concerned, subject to operating and maintenance expenses.
The department shall retain toll charges on all existing and future facilities until all costs of investigation, financing, acquisition of property, and construction advanced from the motor vehicle fund, and obligations incurred under RCW 47.56.250 and chapter 16, Laws of 1945 have been fully paid.
Except as provided in subsection (2) of this section, with respect to every facility completed after March 19, 1953, costs of maintenance and operation shall be paid periodically out of the revenues of the facility in which such costs were incurred.
Where a state toll facility is constructed under chapter 47.46 RCW adjacent to or within two miles of an existing bridge that was constructed under this chapter, revenue from the toll facility may not be used to pay for costs of maintenance on the existing bridge until after all financing obligations are satisfied on the toll facility.
Unless these powers are otherwise delegated by the legislature, the transportation commission is the tolling authority for the state. The tolling authority shall:
Set toll rates, establish appropriate exemptions, if any, and make adjustments as conditions warrant on eligible toll facilities. However, except for publicly or privately owned or operated school buses, the commission may not exempt publicly or privately owned or operated transit buses, vans, and ride share vehicles from tolls on bridges, and must modify tolling provisions accordingly by October 1, 2025;
Review toll collection policies, toll operations policies, and toll revenue expenditures on the eligible toll facilities and report annually on this review to the legislature.
The tolling authority, in determining toll rates, shall consider the policy guidelines established in RCW 47.56.830.
Unless otherwise directed by the legislature, in setting and periodically adjusting toll rates, the tolling authority must ensure that toll rates will generate revenue sufficient to:
Meet the operating costs of the eligible toll facilities, including necessary maintenance, preservation, renewal, replacement, administration, and toll enforcement by public law enforcement;
Meet obligations for the timely payment of debt service on bonds issued for eligible toll facilities, and any other associated financing costs including, but not limited to, required reserves, minimum debt coverage or other appropriate contingency funding, insurance, and compliance with all other financial and other covenants made by the state in the bond proceedings;
Meet obligations to reimburse the motor vehicle fund for excise taxes on motor vehicle and special fuels applied to the payment of bonds issued for eligible toll facilities; and
Meet any other obligations of the tolling authority to provide its proportionate share of funding contributions for any projects or operations of the eligible toll facilities.
The established toll rates may include variable pricing, and should be set to optimize system performance, recognizing necessary trade-offs to generate revenue for the purposes specified in subsection (3) of this section. Tolls may vary for type of vehicle, time of day, traffic conditions, or other factors designed to improve performance of the system.
In fixing and adjusting toll rates under this section, the only toll revenue to be taken into account must be toll revenue pledged to bonds that includes toll receipts, and the only debt service requirements to be taken into account must be debt service on bonds payable from and secured by toll revenue that includes toll receipts.
The legislature pledges to appropriate toll revenue as necessary to carry out the purposes of this section. When the legislature has specifically identified and designated an eligible toll facility and authorized the issuance of bonds for the financing of the eligible toll facility that are payable from and secured by a pledge of toll revenue, the legislature further agrees for the benefit of the owners of outstanding bonds issued by the state for eligible toll facilities to continue in effect and not to impair or withdraw the authorization of the tolling authority to fix and adjust tolls as provided in this section. The state finance committee shall pledge the state's obligation to impose and maintain tolls, together with the application of toll revenue as described in this section, to the owners of any bonds.
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, including any on-ramp or off-ramp within this portion.
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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, two hundred million dollars 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 forty-five 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 one thousand two hundred 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 RCW 47.56.876, 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 chapter 249, 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.
For purposes of this section, the following definitions apply:
"Maintenance" means the preservation of the transportation facility or transit facility, including surface, shoulders, roadsides, structures including, but not limited to, bridges and buried structures, ditches and all stormwater treatment and conveyance features, environmental mitigation sites, utilities appurtenant to transportation system operations, and such traffic control devices as are necessary for safe and efficient utilization of the highway in a manner that substantially conforms to the preexisting design, function, and location as the original except to meet current engineering standards or environmental permit requirements.
"Repair" means to restore a structure or development to a state comparable to its original condition including, but not limited to, restoring the development's size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction. Repair of a structure or development may not cause substantial adverse effects to shoreline resources or the shoreline environment. Replacement of a structure or development may be considered a repair if: Replacement is the common method of repair for the type of structure or development; the replacement structure or development is comparable to the original structure or development including, but not limited to, the size, shape, configuration, location, and external appearance of the original structure or development; and the replacement does not cause substantial adverse effects to shoreline resources or the shoreline environment.
"Replacement" of any existing transportation facility, or transit facility, including surface, shoulders, roadsides, structures including, but not limited to, bridges and buried structures, ditches and all stormwater treatment and conveyance features, utilities appurtenant to transportation system operations, environmental mitigation sites, and traffic control devices, means to replace in a manner that substantially conforms to the preexisting design, function, and location as the original except to meet current engineering standards or environmental permit requirements. Maintenance or replacement activities do not involve expansion of automobile lanes, and do not result in significant negative shoreline impact.
The following department of transportation projects and activities do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government:
Maintenance, repair, or replacement that occurs within the roadway prism of a state highway as defined in RCW 46.04.560, the lease or ownership area of a state ferry terminal, or the lease or ownership area of a transit facility, including ancillary transportation facilities such as pedestrian paths, bicycle paths, or both, and bike lanes;
Construction or installation of safety structures and equipment, including pavement marking, freeway surveillance and control systems, railroad protective devices not including grade separated crossings, grooving, glare screen, safety barriers, energy attenuators, and hazardous or dangerous tree removal;
Maintenance occurring within the right-of-way; or
Construction undertaken in response to unforeseen, extraordinary circumstances that is necessary to prevent a decline, lapse, or cessation of service from a lawfully established transportation facility.
Construction, maintenance, repair, or replacement work on transit facilities, when the work is conducted within a department of transportation right-of-way, does not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government.
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In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under this section and must be a project to accomplish one or more of the following tasks:
(A) Culvert repair and replacement;
(B) Fish passage barrier removal projects that comply with the forest practices rules, as the term "forest practices rules" is defined in RCW 76.09.020; and
(C) Department of transportation fish passage barrier correction projects involving structures extending onto adjoining properties owned by others, where the department corrects its portion of the barrier while the adjacent portion owned by another entity is left in place. This section includes corrections by the department where the physical connection to the adjacent structure remains a barrier to fish passage;
ii. Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water;
iii. Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks; or
iv. Restoration of native kelp and eelgrass beds and restoring native oysters.
b. The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety.
c. A fish habitat enhancement project must be approved in one of the following ways in order to receive the permit review and approval process created in this section:
i. By the department pursuant to chapter 77.95 or 77.100 RCW;
ii. By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;
iii. By the department as a department-sponsored fish habitat enhancement or restoration project;
iv. Through the review and approval process for the jobs for the environment program;
v. By conservation districts as conservation district-sponsored fish habitat enhancement or restoration projects;
vi. Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration;
vii. By federally recognized tribes as tribally sponsored fish habitat enhancement projects or restoration projects;
viii. Through the department of transportation's environmental retrofit program as a stand-alone fish passage barrier correction project, or the fish passage barrier correction portion of a larger transportation project;
ix. Through a local, state, or federally approved fish barrier removal grant program designed to assist local governments in implementing stand-alone fish passage barrier corrections;
x. By a city or county for a stand-alone fish passage barrier correction project funded by the city or county;
xi. Through the approval process established for forest practices hydraulic projects in chapter 76.09 RCW; or
xii. Through other formal review and approval processes established by the legislature.
Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).
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A permit is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. The department of transportation shall use the department's online permit application system or a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Applicants for a forest practices hydraulic project that are not otherwise required to submit a joint aquatic resource permit application must submit a copy of their forest practices application to the appropriate local government on the same day that they submit the forest practices application to the department of natural resources.
Local governments shall accept the application identified in this section as notice of the proposed project. A local government shall be provided with a 15-day comment period during which it may transmit comments regarding environmental impacts to the department or, for forest practices hydraulic projects, to the department of natural resources.
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Except for forest practices hydraulic projects, the department shall, within 45 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. Permitting decisions over forest practices hydraulic approvals must be made consistent with chapter 76.09 RCW.
For department of transportation fish passage barrier correction projects, the department of fish and wildlife shall, within 30 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project.
If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.
Any person aggrieved by the approval, denial, conditioning, or modification of a permit other than a forest practices hydraulic project under this section may appeal the decision as provided in RCW 77.55.021(8). Appeals of a forest practices hydraulic project may be made as provided in chapter 76.09 RCW.
No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section, except that, pursuant to chapter 86.16 RCW, a local government may impose such requirements, or charge such fees, or both, only as may be necessary in order for the local government to administer the national flood insurance program regulation requirements. However, for department of transportation fish habitat enhancement projects that are within an existing FEMA special flood hazard area and do not impact structures but do create a rise in 100-year flood elevation, a local government shall allow the department to apply directly to the federal emergency management agency for modification to an effective flood insurance rate map through a letter of map revision or a similar process, instead of requiring the department to complete a conditional letter of map revision process or a similar process. For department of transportation fish habitat enhancement projects that are within an existing FEMA special flood hazard area and will not result in any rise to the 100-year flood elevation or are not within an existing FEMA special flood hazard area, a local government may not require the department to apply for a conditional letter of map revision or a similar process with either the local government or the federal emergency management agency.
No civil liability may be imposed by any court on the state or its officers and employees for any adverse impacts resulting from a fish enhancement project permitted by the department or the department of natural resources under the criteria of this section except upon proof of gross negligence or willful or wanton misconduct.
Such inspections shall be conducted by persons meeting the accreditation requirements of the federal toxics substances control act, section 206(a) (1) and (3) (15 U.S.C. 2646(a) (1) and (3)).
An inspection under this section is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed or assumes that asbestos will be disturbed by a project which involves construction, renovation, remodeling, maintenance, repair, or demolition and takes the maximum precautions as specified by all applicable federal and state requirements.
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Except as provided in RCW 49.26.125 and (a)(ii) of this subsection, the owner or owner's agent shall prepare and maintain a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos, and shall provide a copy of the written report or statement to all contractors before they apply or bid on work.
The department of transportation may include a good faith inspection into the scope of construction contracts for a project in lieu of conducting a good faith inspection prior to contractors bidding on the work if, prior to the start of demolition and construction, a contractor:
(A) Completes the good faith inspection;
(B) Prepares and maintains a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos; and
(C) Provides a copy of the report or statement to the department of transportation.
b. Upon written or oral request, the owner or owner's agent shall make a copy of the written report or statement available to: (i) The department of labor and industries; (ii) contractors; and (iii) the collective bargaining representatives or employee representatives, if any, of employees who may be exposed to any asbestos or material containing asbestos.
c. A copy of the report or statement shall be posted as prescribed by the department in a place that is easily accessible to such employees.
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The comprehensive plan of each county and city that is planning under RCW 36.70A.040 shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, improvements to high capacity transportation systems as defined in RCW 81.104.015, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020.
Unless a facility is expressly listed in (a) of this subsection, essential public facilities do not include facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings but are not used for punishment, correction, counseling, or rehabilitation following the conviction of a criminal offense. Facilities included under this subsection (1)(b) shall not include facilities detaining persons under RCW 71.09.020 (7) or (16) or chapter 10.77 or 71.05 RCW.
The department of children, youth, and families may not attempt to site new community facilities as defined in RCW 72.05.020 east of the crest of the Cascade mountain range unless there is an equal or greater number of sited community facilities as defined in RCW 72.05.020 on the western side of the crest of the Cascade mountain range.
For the purpose of this section, "harm reduction programs" means programs that emphasize working directly with people who use drugs to prevent overdose and infectious disease transmission, improve the physical, mental, and social well-being of those served, and offer low threshold options for accessing substance use disorder treatment and other services.
Each county and city planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process, or amend its existing process, for identifying and siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities.
Any city or county not planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities.
The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list.
No local comprehensive plan or development regulation may preclude the siting of essential public facilities.
No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 42.17A.005, corporation, partnership, association, and limited liability entity.
Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW 71.09.341.
The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not:
A condition that would disqualify the county or city for grants, loans, or pledges under RCW 43.155.070 or 70A.135.070;
A consideration for grants or loans provided under RCW 43.17.250(3); or
A basis for any petition under RCW 36.70A.280 or for any private cause of action.
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The comprehensive plan of each county and city that is planning under RCW 36.70A.040 shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, improvements to high capacity transportation systems as defined in RCW 81.104.015, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020.
Unless a facility is expressly listed in (a) of this subsection, essential public facilities do not include facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings but are not used for punishment, correction, counseling, or rehabilitation following the conviction of a criminal offense. Facilities included under this subsection (1)(b) shall not include facilities detaining persons under RCW 71.09.020 (7) or (16) or chapter 10.77 or 71.05 RCW.
The department of children, youth, and families may not attempt to site new community facilities as defined in RCW 72.05.020 east of the crest of the Cascade mountain range unless there is an equal or greater number of sited community facilities as defined in RCW 72.05.020 on the western side of the crest of the Cascade mountain range.
For the purpose of this section, "harm reduction programs" means programs that emphasize working directly with people who use drugs to prevent overdose and infectious disease transmission, improve the physical, mental, and social well-being of those served, and offer low threshold options for accessing substance use disorder treatment and other services.
Each county and city planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process, or amend its existing process, for identifying and siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities.
Any city or county not planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities.
The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list.
No local comprehensive plan or development regulation may preclude the siting of essential public facilities.
No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 29B.10.030, corporation, partnership, association, and limited liability entity.
Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW 71.09.341.
The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not:
A condition that would disqualify the county or city for grants, loans, or pledges under RCW 43.155.070 or 70A.135.070;
A consideration for grants or loans provided under RCW 43.17.250(3); or
A basis for any petition under RCW 36.70A.280 or for any private cause of action.
In the event of a disagreement over the scope of a transit project, state agencies, cities, and counties shall accept the detailed statement prepared by the transit agency under RCW 43.21C.030(2)(c) as the sole environmental review document, rather than conducting separate environmental reviews or preparing additional detailed statements. Consistent with RCW 43.21C.150, when a transit agency has previously prepared an adequate detailed statement pursuant to the national environmental policy act of 1969 as part of a federally funded transit project, that national environmental policy act document shall satisfy the requirements under RCW 43.21C.030(2)(c). State agencies, cities, and counties shall adopt and rely on the national environmental policy act document for their environmental review and permitting processes, aligning applicable local documents accordingly.
A new county local road program is established to fund the preservation and improvement of county local roads. The board must:
Adopt rules necessary to implement the provisions of this chapter relating to the allocation of funds; and
Include a program status report in the board's annual report to the legislature as provided in RCW 36.78.070.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Board" means the county road administration board created in RCW 36.78.030.
"Community facility" means a publicly owned facility or building that is primarily intended to serve the recreational, educational, cultural, public health and safety, administrative, or entertainment needs of the community as a whole.
"County local road program project" means improvement projects on those county roads not federally classified as an arterial or collector.
"LAG manual" means the Washington state department of transportation's local agency guidelines manual or its successor document.
"Overburdened community" has the same meaning as defined in RCW 70A.02.010.
"Pedestrian facility" means a facility designed to meet the needs of pedestrians in accordance with county and Americans with disabilities act requirements.
The board shall adopt rules to select preservation and improvement projects under this chapter taking into consideration, at a minimum, the following priority rating factors:
Investment in overburdened communities;
Environmental health disparities as identified in the environmental health disparities map specified in RCW 43.70.815;
Location on or providing direct access to a federally recognized Indian reservation or lands;
Sustaining the structural, safety, and operational integrity of the road;
Vehicle and pedestrian collision experience;
Access improvements to a community facility; and
Identified need in a state, regional, county, or community plan.
Proposed projects must be included in the respective county's six-year plan as provided in RCW 36.81.121 before board approval of the project.
The following project types are allowed under the county local road program created in this chapter:
2-R as defined in the LAG manual;
3-R as defined in the LAG manual;
Reconstruction as defined in the LAG manual;
Replacement of any bridge on the national bridge inventory;
Removal of human-made or caused impediments to anadromous fish passage; and
Pedestrian facilities.
Whenever a proposed county local road program project is adjacent to a city or town, the appropriate city or town and county officials shall jointly plan and include the improvement in their respective long-range plans. Whenever a county local road program project connects with and will be substantially affected by a programmed construction project on a state highway, the proper county officials shall jointly plan the development of such project with the department of transportation district administrator.
Counties receiving funds from the county local road program shall provide such matching funds as established by rules adopted by the board. Matching requirements must be established after appropriate studies by the board and considering the financial resources available to counties.
Only those counties that, during the preceding 12 months, have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, and including traffic law enforcement as allowed under Article II, section 40 of the state Constitution or RCW 36.82.070(2), are eligible to receive funds from the county local road program, except that:
Counties with a population of less than 8,000 are exempt from this eligibility restriction;
Counties expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050 are exempt from this eligibility restriction; and
This restriction does not apply to any moneys diverted from the road district levy under chapter 39.89 RCW.
The board shall authorize county local road grant program funds for the construction project portion of a project previously authorized for a preliminary proposal in the sequence in which the preliminary proposal has been completed and the construction project is to be placed under contract. At such time the board may reserve funds for expenditure in future years as may be necessary for completion of preliminary proposals and construction projects to be commenced in the ensuing biennium.
Subject to the availability of amounts appropriated for this specific purpose, the board may consider additional projects for authorization under this chapter upon a clear and conclusive showing by the submitting county that the proposed project is of an emergent nature and that its need was unable to be anticipated at the time the six-year plan of the county was developed. The proposed projects must be evaluated on the basis of the priority rating factors specified in section 603 of this act.
Whenever the board approves a county local road program project under this chapter it shall determine the amount of county local road program funds to be allocated for such project. The allocation must be based upon information submitted by the county seeking approval of the project and upon such further investigation as the board deems necessary. The board shall adopt reasonable rules pursuant to which county local road program funds allocated to a project may be increased upon a subsequent application of the county constructing the project. The rules adopted by the board must take into account, but are not limited to, the following factors:
The financial effect of increasing the original allocation for the project upon other county local road program projects either approved or requested;
Whether the project for which an additional allocation is requested can be reduced in scope while retaining a usable segment;
Whether the original cost of the project shown in the applicant's original submittal was based upon reasonable engineering estimates; and
Whether the requested additional allocation is to pay for an expansion in the scope of work originally approved.
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The department's public transportation division shall establish a transit safety and security grant program. The purpose of the grant program is to aid any transit authority with safety and security enhancements that may include, but are not limited to, the following examples:
Safety and security improvements to the built environment such as lighting enhancements or fare gates;
Cleaning or replacement of damaged amenities in passenger facilities;
Improving safety for frontline employees such as barriers on rolling stock or facilities;
Safety personnel such as behavioral health professionals and service and fare ambassadors; and
Supporting education, training, and retraining employees and customers.
Grant funds are prohibited from usage for any expenses relating to armed security.
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 must report annually to the transportation committees of the legislature on the grant projects funded by the program created under this section.
In order to receive transit safety grant funds for projects, a transit authority must provide matching funding at a level deemed appropriate by the department.
No one entity may receive more than 35 percent of funds awarded in a grant cycle.
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.
The legislature finds that many communities across Washington state have not equitably benefited from investments in the active transportation network. The legislature also finds that legacy state transportation facilities designed primarily for vehicle use caused disconnections in safe routes for people who walk, bike, and roll to work and to carry out other daily activities.
To address these investment gaps, and to honor the legacy of community advocacy of Sandy Williams, the Sandy Williams connecting communities program is established within the department. The purpose of the program is to improve active transportation connectivity in communities by:
Providing safe, continuous routes for pedestrians, bicyclists, and other nonvehicle users carrying out their daily activities;
Mitigating for the health, safety, and access impacts of transportation infrastructure that bisects communities and creates obstacles in the local active transportation network;
Investing in greenways providing protected routes for a wide variety of nonvehicular users; and
Facilitating the planning, development, and implementation of projects and activities that will improve the connectivity and safety of the active transportation network.
The department must select projects to propose to the legislature for funding. In selecting projects, the department must consider, at a minimum, the following criteria:
Access to a transit facility, community facility, commercial center, or community-identified assets;
The use of minority and women-owned businesses and community-based organizations in planning, community engagement, design, and construction of the project;
Whether the project will serve:
Overburdened communities as defined in RCW 70A.02.010 to mean a geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is not limited to, highly impacted communities as defined in RCW 19.405.020;
Vulnerable populations as defined in RCW 70A.02.010 to mean population groups that are more likely to be at higher risk for poor health outcomes in response to environmental harms, due to adverse socioeconomic factors, such as unemployment, high housing, and transportation costs relative to income, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that negatively affect health outcomes and increase vulnerability to the effects of environmental harms; and sensitivity factors, such as low birth weight and higher rates of hospitalization. Vulnerable populations include, but are not limited to: Racial or ethnic minorities, low-income populations, populations disproportionately impacted by environmental harms, and populations of workers experiencing environmental harms;
Household incomes at or below 200 percent of the federal poverty level; and
People with disabilities;
Environmental health disparities, such as those indicated by the diesel pollution burden portion of the Washington environmental health disparities map developed by the department of health, or other similar indicators;
Location on or adjacent to tribal lands or locations providing essential services to tribal members;
Crash experience involving pedestrians and bicyclists; and
Identified need by the community, for example in the state active transportation plan or a regional, county, or community plan.
It is the intent of the legislature that the Sandy Williams connecting communities program comply with the requirements of chapter 314, Laws of 2021.
The department shall submit a report to the transportation committees of the legislature by December 1, 2022, and each December 1st thereafter identifying the selected connecting communities projects for funding by the legislature. The report must also include the status of previously funded projects.
The Sandy Williams connecting communities program account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the program activities described in this section.
Beginning September 2027, by the last day of September, December, March, and June of each year, the state treasurer shall transfer $3,125,000 from the move ahead WA flexible account created in RCW 46.68.520 to the Sandy Williams connecting communities program account created in this section.
The department shall create a bicyclist and pedestrian grant program to improve pedestrian and bicyclist safety and mobility and increase active transportation trips.
Project types may include, but are not limited to, bicycle facilities such as buffered bike lanes, pedestrian facilities such as sidewalks, crossing improvements for people who walk and roll, and speed management.
The department shall report on an annual basis the status of projects funded as part of the bicyclist and pedestrian grant and safe routes to school grant programs. The report must include, but is not limited to, a list of projects selected and a brief description of each project's status.
Beginning July 1, 2027, at least 25 percent of grants awarded for the bicyclist and pedestrian grant program must benefit communities or census tracts with a high concentration of people over the age of 65, with priority for projects that enhance safety and community connectivity.
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The department shall establish a statewide school-based bicycle education grant program. The grant will support two programs: One for grades three through eight; and one for grades six through 12 aged youth to develop the skills and street safety knowledge to be more confident bicyclists for transportation and/or recreation. In development of the grant program, the department is encouraged to consult with the environmental justice council and the office of equity.
Qualifying youth participating in the school-based bicycle education grant program shall have an opportunity to receive a bike, lock, helmet, and lights, and maintenance supplies free of cost.
For the grades through three through eight and grades six through 12 programs, the department shall contract with a nonprofit organization with relevant reach and experience, including a statewide footprint and demonstrable experience deploying bicycling and road safety education curriculum via a train the trainer model in schools. The selected nonprofit shall identify partner schools and partner organizations that serve target populations, based on the criteria in subsection (4) of this section. Partner schools shall receive from the nonprofit: In-school bike and pedestrian safety education curriculum, materials, equipment guidance and consultation, and physical education teacher
training. Selected school districts shall receive and maintain a fleet of bicycles for the youth in the program.
For the grades six through 12 program, the department shall contract with a nonprofit organization with relevant reach and experience, including a statewide footprint; demonstrable experience developing and managing youth-based programming serving youth of color in an after-school and/or community setting; and deploying bicycling and road safety education curriculum via a train the trainer model. The selected nonprofit shall use the equity-based criteria in subsection (4) of this section to identify target populations and partner organizations including, but not limited to, schools, community-based organizations, housing authorities, and parks and recreation departments, that work with the eligible populations of youth . Partner organizations shall receive from the nonprofit: Education curriculum, materials, equipment including, but not limited to, bicycles, helmets, locks, and lights, guidance and consultation, and initial instructor/volunteer training, as well as ongoing support.
In selecting schools and partner organizations and qualifying youth receiving bikes for the school-based bicycle education grant program, the department and nonprofit must consider, at a minimum, the following criteria:
Population impacted by poverty, as measured by free and reduced lunch population or 200 percent federal poverty level;
People of color;
People of Hispanic heritage;
People with disabilities;
Environmental health disparities, such as those indicated by the diesel pollution burden portion of the Washington environmental health disparities map developed by the department of health, or other similar indicators;
Location on or adjacent to an Indian reservation;
Geographic location throughout the state;
Crash experience involving pedestrians and bicyclists;
Identified need in the state active transportation plan or a regional, county, or community plan.
The department shall submit a report for both programs to the transportation committees of the legislature by December 1, 2022, and each December 1st thereafter identifying the selected programs and school districts for funding by the legislature. The report must also include the status of previously funded programs.
The legislature finds that establishment of paved trails and shared-use paths to link population centers will reduce exposure to serious and fatal crashes for people using any mode of transportation, provide accessibility for nondrivers, support mode shift to reduce vehicle miles traveled, enhance the resiliency of the state transportation system, and contribute to local economic growth.
To address these policy priorities and opportunities, the department shall create a grant program to develop statewide active transportation connectivity infrastructure. The program must prioritize connecting regional trail networks, filling gaps in regional active transportation systems, developing networks to serve a variety of user needs, and facilitating connections to major transit stops, ferry terminals, and commuter and passenger rail stations. The department is encouraged to collaborate with local agencies, tribes, and active transportation partners to develop the structure, criteria, and eligibility for the program.
There is hereby created a transportation commission, which shall consist of five voting members appointed by the governor, with the consent of the senate. The present two members of the commission whose terms expire June 30, 2025, shall serve until their expiration date, at which time one of those positions is eliminated. The present member of the commission whose term expires June 30, 2026, shall serve until the expiration date, at which time the position is eliminated. The other present four members of the commission shall continue serving until the expiration dates of their respective current terms. Terms shall be for six years. No elective state official, state officer, or state employee shall be a member of the commission. At the time of appointment or thereafter during their respective terms of office, three members of the commission shall reside in the western part of the state and two members shall reside in the eastern part of the state as divided north and south by the summit of the Cascade mountains. No more than two members of the commission shall reside in the same county; however, the governor, or his or her designee, shall serve as a nonvoting member of the commission. Commission appointments should reflect both a wide range of transportation interests and a balanced statewide geographic representation. Commissioners may be removed from office by the governor before the expiration of their terms for cause. No member shall be appointed for more than two consecutive terms.
The transportation commission shall have the following functions, powers, and duties:
1.
To propose to the governor and the legislature prior to the convening of each regular session held in an odd-numbered year a recommended budget for the operations of the commission as required by RCW 47.01.061;
To adopt such rules as may be necessary to carry out reasonably and properly those functions expressly vested in the commission by statute;
To contract with the office of financial management or other appropriate state agencies for administrative support, accounting services, computer services, and other support services necessary to carry out its other statutory duties;
To conduct transportation-related studies and policy analysis to the extent directed by the legislature or governor in the biennial transportation budget act, or as otherwise provided in law, and subject to the availability of amounts appropriated for this specific purpose; and
To exercise such other specific powers and duties as may be vested in the transportation commission by this or any other provision of law.
It is the intent of the legislature to establish policy goals for the planning, operation, performance of, and investment in, the state's transportation system. Public investments in transportation should support achievement of these policy goals:
Preservation: To maintain, preserve, and extend the life and utility of prior investments in transportation systems and services, including the state ferry system;
Safety: To provide for and improve the safety and security of transportation customers and the transportation system;
Stewardship: To continuously improve the quality, effectiveness, resilience, and efficiency of the transportation system;
Mobility: To improve the predictable movement of goods and people throughout Washington state, including congestion relief and improved freight mobility;
Economic vitality: To promote and develop transportation systems that stimulate, support, and enhance the movement of people and goods to ensure a prosperous economy; and
Environment: To enhance Washington's quality of life through transportation investments that promote energy conservation, enhance healthy communities, and protect the environment.
The powers, duties, and functions of state transportation agencies must be performed in a manner consistent with the policy goals set forth in subsection (1) of this section with preservation and safety being priorities.
These policy goals are intended to be the basis for establishing detailed and measurable objectives and related performance measures.
It is the intent of the legislature that the office of financial management establish objectives and performance measures for the department and other state agencies with transportation-related responsibilities to ensure transportation system performance at local, regional, and state government levels progresses toward the attainment of the policy goals set forth in subsection (1) of this section. The office of financial management shall submit objectives and performance measures to the legislature for its review and shall provide copies of the same to the commission during each regular session of the legislature during an even-numbered year thereafter.
A local or regional agency engaging in transportation planning may voluntarily establish objectives and performance measures to demonstrate progress toward the attainment of the policy goals set forth in subsection (1) of this section or any other transportation policy goals established by the local or regional agency. A local or regional agency engaging in transportation planning is encouraged to provide local and regional objectives and performance measures to be included with the objectives and performance measures submitted to the legislature pursuant to subsection (4) of this section.
This section does not create a private right of action.
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
(1) Except as provided in subsection (4) of this section, each Each year or biennium, as appropriate, when allocating funds from the carbon emissions reduction account created in RCW 70A.65.240, the climate commitment account created in RCW 70A.65.260, the natural climate solutions account created in RCW 70A.65.270, the climate investment account created in RCW 70A.65.250, or the air quality and health disparities improvement account created in RCW 70A.65.280, the climate transit programs account created in RCW 46.68.500, or the climate active transportation account created in RCW 46.68.490, or administering grants or programs funded by the accounts, agencies shall conduct an environmental justice assessment consistent with the requirements of RCW 70A.02.060 and establish a minimum of not less than 35 percent and a goal of 40 percent of total investments that provide direct and meaningful benefits to vulnerable populations within the boundaries of overburdened communities through: (a) The direct reduction of environmental burdens in overburdened communities; (b) the reduction of disproportionate, cumulative risk from environmental burdens, including those associated with climate change; (c) the support of community led project development, planning, and participation costs; or (d) meeting a community need identified by the community that is consistent with the intent of this chapter or RCW 70A.02.010.
(1) The environmental justice council created in RCW 70A.02.110 must provide recommendations to the legislature, agencies, and the governor in the development and implementation of the program established in RCW 70A.65.060 through 70A.65.210, and the programs funded from the carbon emissions reduction account created in RCW 70A.65.240, the climate commitment account created in RCW 70A.65.260, the natural climate solutions account created in RCW 70A.65.270, and the climate investment account created in RCW 70A.65.250, the climate transit programs account created in RCW 46.68.500, and the climate active transportation account created in RCW 46.68.490.
(1) It is the intent of the legislature that each year the total investments made through the carbon emissions reduction account created in RCW 70A.65.240, the climate commitment account created in RCW 70A.65.260, the natural climate solutions account created in RCW 70A.65.270, and the air quality and health disparities improvement account created in RCW 70A.65.280, the climate transit programs account created in RCW 46.68.500, and the climate active transportation account created in RCW 46.68.490, achieve the following:
Any residual balance of funds remaining in the climate transit programs account or the climate active transportation account on June 30, 2025, shall be transferred by the state treasurer to the carbon emissions reduction account.
Every person, company, or corporation having the control or management of any railroad shall, outside of any corporate city or town, and outside the limits of any sidetrack or switch, cause to be constructed and maintained in good repair on each side of said railroad, along the line of said right‑of‑way of such person, company, or corporation operating the same, a substantial fence, and at every point where any roadway or other public highway shall cross said railroad, a safe and sufficient crossing must be built and maintained, and on each side of such crossing and at each end of such sidetrack or switch, outside of any incorporated city or town, a sufficient cattle guard: PROVIDED, That any person holding land on both sides of said right‑of‑way shall have the right to put in gates for his or her own use at such places as may be convenient. This section does not apply to rail rightofway owned by the department of transportation.
Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
Any city or county may authorize the use of automated traffic safety cameras and must adopt an ordinance authorizing such use through its local legislative authority.
The local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located before adding traffic safety cameras to a new location or relocating any existing camera to a new location within the jurisdiction. The analysis must include equity considerations including the impact of the camera placement on livability, accessibility, economics, education, and environmental health when identifying where to locate an automated traffic safety camera. The analysis must also show a demonstrated need for traffic cameras based on one or more of the following in the vicinity of the proposed camera location: Travel by vulnerable road users, evidence of vehicles speeding, rates of collision, reports showing near collisions, and anticipated or actual ineffectiveness or infeasibility of other mitigation measures.
Automated traffic safety cameras may not be used on an on-ramp to a limited access facility as defined in RCW 47.52.010.
A city may use automated traffic safety cameras to enforce traffic ordinances in this section on state highways that are also classified as city streets under chapter 47.24 RCW. A city government must notify the department of transportation when it installs an automated traffic safety camera to enforce traffic ordinances as authorized in this subsection.
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At a minimum, a local ordinance adopted pursuant to this section must contain the restrictions described in this section and provisions for public notice and signage. Cities and counties must also post such restrictions and other automated traffic safety camera policies on the city's or county's website. Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to the restrictions described in this section, but are not required to adopt an authorizing ordinance.
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Cities and counties using automated traffic safety cameras must post an annual report on the city's or county's website of the number of traffic crashes that occurred at each location where an automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera. Beginning January 1, 2026, the annual report must include the percentage of revenues received from fines issued from automated traffic safety camera infractions that were used to pay for the costs of the automated traffic safety camera program and must describe the uses of revenues that exceeded the costs of operation and administration of the automated traffic safety camera program by the city or county.
The Washington traffic safety commission must provide an annual report to the transportation committees of the legislature, and post the report to its website for public access, beginning July 1, 2026, that includes aggregated information on the use of automated traffic safety cameras in the state that includes an assessment of the impact of their use, information required in city and county annual reports under (b)(i) of this subsection, and information on the number of automated traffic safety cameras in use by type and location, with an analysis of camera placement in the context of area demographics and household incomes. To the extent practicable, the commission must also provide in its annual report the number of traffic accidents, speeding violations, single vehicle accidents, pedestrian accidents, and driving under the influence violations that occurred at each location where an automated traffic safety camera is located in the five years before each camera's authorization and after each camera's authorization. Cities and counties using automated traffic safety cameras must provide the commission with the data it requests for the report required under this subsection in a form and manner specified by the commission.
All locations where an automated traffic safety camera is used on roadways or intersections must be clearly marked by placing signs at least 30 days prior to activation of the camera in locations that clearly indicate to a driver either that: (a) The driver is within an area where automated traffic safety cameras are authorized; or (b) the driver is entering an area where violations are enforced by an automated traffic safety camera. The signs must be readily visible to a driver approaching an automated traffic safety camera. Signs placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW. All public transportation vehicles utilizing a vehicle-mounted system must post a sign on the rear of the vehicle indicating to drivers that the vehicle is equipped with an automated traffic safety camera to enforce bus stop zone violations.
Automated traffic safety cameras may only record images of the vehicle and vehicle license plate and only while an infraction is occurring. The image must not reveal the face of the driver or of passengers in the vehicle. The primary purpose of camera placement is to record images of the vehicle and vehicle license plate when an infraction is occurring. Cities and counties must consider installing automated traffic safety cameras in a manner that minimizes the impact of camera flash on drivers.
A notice of infraction must be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter's name and address under subsection (17) of this section. The notice of infraction must include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, microphotographs, or electronic images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail.
The registered owner of a vehicle is responsible for an infraction under RCW 46.63.030(1)(d) unless the registered owner overcomes the presumption in RCW 46.63.075, or, in the case of a rental car business, satisfies the conditions under subsection (17) of this section. If appropriate under the circumstances, a renter identified under subsection (17)(a) of this section is responsible for an infraction.
Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(d), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section. No photograph, microphotograph, or electronic image, or any other personally identifying data may be used for any purpose other than enforcement of violations under this section nor retained longer than necessary to enforce this section. Transit authorities must provide to the appropriate local jurisdiction that has authorized traffic safety camera use under RCW 46.63.260(3) any images or evidence collected establishing that a violation of stopping, standing, or parking in a bus stop zone has occurred for infraction processing purposes consistent with this section.
If a county or city has established an automated traffic safety camera program as authorized under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment. If the contract between the city or county and manufacturer or vendor of the equipment does not provide for performance or quality control measures regarding camera images, the city or county must perform a performance audit of the manufacturer or vendor of the equipment every three years to review and ensure that images produced from automated traffic safety cameras are sufficient for evidentiary purposes as described in subsection (9) of this section.
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Except as provided in (d) of this subsection, a county or a city may only use revenue generated by an automated traffic safety camera program as authorized under this section for:
Traffic safety activities related to construction and preservation projects and maintenance and operations purposes including, but not limited to, projects designed to implement the complete streets approach as defined in RCW 47.04.010, changes in physical infrastructure to reduce speeds through road design, and changes to improve safety for active transportation users, including improvements to access and safety for road users with mobility, sight, or other disabilities; and
The cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions.
Except as provided in (d) of this subsection:
The automated traffic safety camera program revenue used by a county or city with a population of 10,000 or more for purposes described in (a)(i) of this subsection must include the use of revenue in census tracts of the city or county that have household incomes in the lowest quartile determined by the most currently available census data and areas that experience rates of injury crashes that are above average for the city or county. Funding contributed from traffic safety program revenue must be, at a minimum, proportionate to the share of the population of the county or city who are residents of these low-income communities and communities experiencing high injury crash rates. This share must be directed to investments that provide direct and meaningful traffic safety benefits to these communities. Revenue used to administer, install, operate, and maintain automated traffic safety cameras, including the cost of processing infractions, are excluded from determination of the proportionate share of revenues under this subsection (13)(b); and
The automated traffic safety camera program revenue used by a city or county with a population under 10,000 for traffic safety activities under (a)(i) of this subsection must be informed by the department of health's environmental health disparities map.
Except as provided in (d) of this subsection, beginning four years after an automated traffic safety camera authorized under this section is initially placed and in use after June 6, 2024, 25 percent of the noninterest money received for infractions issued by such cameras in excess of the cost to administer, install, operate, and maintain the cameras, including the cost of processing infractions, must be deposited into the Cooper Jones active transportation safety account created in RCW 46.68.480.
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i.(A) Jurisdictions with an automated traffic safety camera program in effect before January 1, 2024, may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 and 46.63.250(2)(c) as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection, by:
(I) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under RCW 46.63.230; and
(II) Up to a 10 percent increase in the number of traffic safety camera locations authorized to detect violations for automated traffic safety cameras authorized under RCW 46.63.250(2)(c).
(B)(I) Any automated traffic safety camera program in effect before January 1, 2024, with fewer than 10 traffic safety camera locations for automated traffic safety cameras authorized under RCW 46.63.230, which adds automated traffic safety cameras to one additional location for the use of cameras authorized under RCW 46.63.230, may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection.
(II) Any automated traffic safety camera program in effect before January 1, 2024, with fewer than 10 traffic safety camera locations for automated traffic safety cameras authorized under RCW 46.63.250(2)(c) as of January 1, 2024, which adds automated traffic safety cameras to one additional location for the use of cameras authorized under RCW 46.63.250(2)(c), may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.250(2)(c) as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection.
(C) For the purposes of this subsection (13)(d)(i), a location is:
(I) An intersection for automated traffic safety cameras authorized under RCW 46.63.230 where cameras authorized under RCW 46.63.230 are in use; and
(II) A school speed zone for automated traffic safety cameras authorized under RCW 46.63.250(2)(c) where cameras authorized under RCW 46.63.250(2)(c) are in use.
ii. The revenue distribution requirements under (a) through (d)(i) of this subsection do not apply to automated traffic safety camera programs in effect before January 1, 2024, for which an ordinance in effect as of January 1, 2024, directs the manner in which revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 or 46.63.250(2)(c) must be used.
A county or city may adopt the use of an online ability-to-pay calculator to process and grant requests for reduced fines or reduced civil penalties for automated traffic safety camera violations.
Except as provided in this subsection, registered owners of vehicles who receive notices of infraction for automated traffic safety camera-enforced infractions and are recipients of public assistance under Title 74 RCW or participants in the Washington women, infants, and children program, and who request reduced penalties for infractions detected through the use of automated traffic safety camera violations, must be granted reduced penalty amounts of 50 percent of what would otherwise be assessed for a first automated traffic safety camera violation and for subsequent automated traffic safety camera violations issued within 21 days of issuance of the first automated traffic safety camera violation. Eligibility for medicaid under RCW 74.09.510 is not a qualifying criterion under this subsection. Registered owners of vehicles who receive notices of infraction must be provided with information on their eligibility and the opportunity to apply for a reduction in penalty amounts through the mail or internet.
Infractions detected through the use of automated traffic safety cameras are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section must be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, and 46.20.270(2). The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera may not exceed $145, as adjusted for inflation by the office of financial management every five years, beginning January 1, 2029, based upon changes in the consumer price index during that time period, but may be doubled for a school speed zone infraction generated through the use of an automated traffic safety camera.
If the registered owner of the vehicle is a rental car business, the issuing agency must, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:
A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the issuing agency relieves a rental car business of any liability under this chapter for the notice of infraction.
Subject to the availability of amounts appropriated for this specific purpose , the department's public-private partnership office must develop and maintain a program to support the deployment of clean alternative fuel vehicle charging and refueling infrastructure that is supported by private financing.
The department must define corridors in which bidders may propose to install electric vehicle charging infrastructure or hydrogen fueling stations, and may update these corridors over time as needed. Alternatively, a bidder may propose a corridor in which the bidder proposes to install electric vehicle infrastructure or hydrogen fueling stations if the department has adopted rules allowing such a proposal and establishing guidelines for how such a proposal will be considered.
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For bid proposals under this section, the department must require the following:
Bidders must have private sector partners contributing to the project who stand to gain indirect value from development of the project, such as motor vehicle manufacturers, retail stores, or tourism stakeholders;
Bidders must demonstrate that the proposed project will be valuable to clean alternative fuel vehicle drivers and will address an existing gap in the state's low carbon transportation infrastructure;
Projects must be expected to be profitable and sustainable for the owner-operator and the private partner; and
Bidders must specify how the project captures the indirect value of charging or refueling station deployment to the private partner.
The department may adopt rules that require any other criteria for a successful project.
In evaluating proposals under this section, the department may use the electric vehicle financial analysis tool that was developed in the joint transportation committee's study into financing electric vehicle charging station infrastructure.
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After selecting a successful proposer under this section, the department may provide a loan or grant to the proposer.
Grants and loans issued under this subsection must be funded from the electric vehicle account created in RCW 82.44.200.
Any project selected for support under this section is eligible for only one grant or loan as a part of the program.
The department may conduct preliminary workshops with potential bidders and other potential private sector partners to determine the best method of designing and maintaining the program, discuss how to develop and maintain the partnerships among the private sector partners that may receive indirect value, and any other issues relating to the implementation and administration of this section. The department should consider regional workshops to engage potential business partners from across the state.
The department must adopt rules to implement and administer this section.
Subject to the availability of amounts appropriated for this specific purpose , the department's public-private partnership office must develop a pilot program to support clean alternative fuel car sharing programs to provide clean alternative fuel vehicle use opportunities to underserved communities and low to moderate income members of the workforce not readily served by transit or located in transportation corridors with emissions that exceed federal or state emissions standards. Nonprofit organizations or local governments, including housing authorities, with a demonstrated history of managing or implementing low-income transportation clean alternative fuel and shared mobility pilot programs are eligible to participate in this program.
The department must determine specific eligibility criteria, based on the requirements of this section, the report submitted to the legislature by the Puget Sound clean air agency entitled facilitating low-income utilization of electric vehicles, and other factors relevant to increasing clean alternative fuel vehicle use in underserved and low to moderate income communities. The department may adopt rules specifying the eligibility criteria it selects.
The department may conduct preliminary workshops with potential bidders and other potential partners to determine the best method of designing the pilot program.
The department must include the following elements in its proposal evaluation and scoring methodology: History of successful management of equity focused clean alternative fuel vehicle projects; substantial level of involvement from community-based, equity focused organizations in the project; plan for long-term financial sustainability of the work beyond the duration of the grant period; matching resources leveraged for the project; and geographical diversity of the projects selected.
After selecting successful proposals under this section, the department may provide grant funding to them. The total grant amount available per project may range from $50,000 to $200,000. The grant opportunity must include possible funding of vehicles, charging or refueling station infrastructure, staff time, and any other expenses required to implement the project. No more than 10 percent of grant funds may be used for administrative expenses.
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Any property acquired with state grant funding under this section by nongovernmental participants must be used solely for program purposes and, if sold, the proceeds of the sale must be used solely for program purposes.
At the termination of a program for providing alternative fuel car sharing services, the state must be reimbursed for any property acquired with state grant funding under this section that nongovernmental participants in the program retain at the time of program termination. The amount of reimbursement may under no circumstances be less than the fair market value of the property at the time of the termination of the program.
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The department shall contract for the acquisition of up to 16 new hybrid diesel-electric ferry vessels that can carry up to 160 vehicles, using a one or two contract procurement approach to potentially accelerate vessel delivery.
The Washington state ferries shall make available the design for the 160 vehicle hybrid electric Olympic class vessel to potential bidders. Incentives may be awarded by the department to bidders who offer design modifications that:
Lower the minimum number of crew needed to staff the vessel in accordance with United States coast guard requirements;
Incorporate materials, technologies, or other features that lower life-cycle maintenance and operations costs;
Accelerate the proposed delivery schedule; or
Make other improvements determined to be beneficial by the department. The Washington state ferries may allow for exceptions of the 160 vehicle capacity of the vessel design in cases where efficiencies outlined in (b)(i) or (ii) of this subsection are met.
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The contract or contracts must be for a minimum of two vessels, with options for additional vessels, and are exempt from the requirements set forth in RCW 47.60.810 through 47.60.824.
The contract or contracts may employ the following procurement methods:
Design-build procedure as authorized under chapter 39.10 RCW;
Design-bid-build as authorized under chapter 39.04 RCW or an equivalent process allowed in statute as determined by the department; or
Lease with an option to buy in accordance with RCW 47.60.010. The terms of any plan to pursue a lease with an option to buy agreement must be approved by the governor and appropriate committees of the legislature and are subject to the availability of amounts appropriated for this specific purpose.
To the extent possible, the department shall establish and apply evaluation criteria beyond low price to meet best value objectives.
The department must award a credit of 13 percent of the bid price for bid proposals for vessels constructed in the state of Washington, which must be adjusted to reflect the proportion of the construction of the vessels that occurs within the state. This credit represents the:
Amount of economic and revenue loss to the state of Washington from constructing vessels outside the state of Washington, as indicated by the Washington institute for public policy study regarding Washington state ferry vessel procurement dated December 2016; and
Additional costs of transport, potential delay, and owner oversight incurred for construction at shipyards located outside the state of Washington.
The department must require that contractors meet the requirements of RCW 39.04.320 regarding apprenticeships or other state law or federal law equivalents, where such equivalents exist.
The department must require that contractors meet the requirements of chapter 90.48 RCW regarding water pollution control or other state law or federal law equivalents, where such equivalents exist.
For contracts eligible for the use of federal funds, contractors must comply with federal disadvantaged business enterprise targets as outlined by the federal agency awarding funds.
Contractors located in the state of Washington must meet the requirements of RCW 47.60.835, the small business enterprise enforceable goals program.
The department shall employ third-party experts that report to the Washington state ferries to serve as a supplementary resource. The third-party experts contracted by the Washington state ferries shall:
Perform project quality oversight and report to the transportation committees of the legislature and the office of financial management on a semiannual basis on project schedule, risks, and project budget;
Assist with the management of change order requests;
Advise on contract and technical matters; and
Possess knowledge of and experience with inland waterways, Puget Sound vessel operations, the propulsion system of the new vessels, and Washington state ferries operations.
Nothing in section 716 of this act shall be construed to apply to, or otherwise interfere with, vessel procurements underway prior to the effective date of section 716 of this act.
The board of pilotage commissioners shall:
Adopt rules, pursuant to chapter 34.05 RCW, necessary for the enforcement and administration of this chapter;
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Issue training licenses and pilot licenses to pilot applicants meeting the qualifications provided for in RCW 88.16.090 and such additional qualifications as may be determined by the board;
Establish a comprehensive training program to assist in the training and evaluation of pilot applicants before final licensing; and
Establish additional training requirements, including a program of continuing education developed after consultation with pilot organizations, including those located within the state of Washington, as required to maintain a competent pilotage service;
Maintain a register of pilots, records of pilot accidents, and other history pertinent to pilotage;
Determine from time to time the number of pilots necessary to be licensed in each district of the state to optimize the operation of a safe, fully regulated, efficient, and competent pilotage service in each district;
Provide assistance to the utilities and transportation commission, as requested by the utilities and transportation commission, in its performance of pilotage tariff setting functions under RCW 81.116.010 through 81.116.060;
File annually with the governor and the chairs of the transportation committees of the senate and house of representatives a report which includes, but is not limited to, the following: The number, names, ages, pilot license number, training license number, and years of service as a Washington licensed pilot of any person licensed by the board as a Washington state pilot or trainee; the names, employment, and other information of the members of the board; the total number of pilotage assignments by pilotage district, including information concerning the various types and sizes of vessels and the total annual tonnage; the annual earnings or stipends of individual pilots and trainees before and after deduction for expenses of pilot organizations, including extra compensation as a separate category; the annual expenses of private pilot associations, including personnel employed and capital expenditures; the status of pilotage tariffs, extra compensation, and travel; the retirement contributions paid to pilots and the disposition thereof; the number of groundings, marine occurrences, or other incidents which are reported to or investigated by the board, and which are determined to be accidents, as defined by the board, including the vessel name, location of incident, pilot's or trainee's name, and disposition of the case together with information received before the board acted from all persons concerned, including the United States coast guard; the names, qualifications, time scheduled for examinations, and the district of persons desiring to apply for Washington state pilotage licenses; summaries of dispatch records, quarterly reports from pilots, and the bylaws and operating rules of pilotage organizations; the names, sizes in deadweight tons, surcharges, if any, port of call, name of the pilot or trainee, and names and horsepower of tug boats for any and all oil tankers subject to the provisions of RCW 88.16.190 together with the names of any and all vessels for which the United States coast guard requires special handling pursuant to their authority under the Ports and Waterways Safety Act of 1972; the expenses of the board; updates on efforts to increase diversity of pilots, trainees, and applicants; and any and all other information which the board deems appropriate to include;
Make available information that includes the pilotage act and other statutes of Washington state and the federal government that affect pilotage, including the rules of the board, together with such additional information as may be informative for pilots, agents, owners, operators, and masters;
Appoint advisory committees and employ marine experts as necessary to carry out its duties under this chapter;
The board may pay stipends to pilot trainees under subsection (1)(b) of this section.
The department, county auditor or other agent, or subagent appointed by the director may grant a temporary license plate to operate a vehicle for which an application for registration has been made. The application for a temporary license plate must be made by the owner or the owner's representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished by the department and must contain:
A full description of the vehicle, including its make, model, vehicle identification number, and type of body;
The name and address of the applicant;
The date of application; and
Other information that the department may require.
Temporary license plates must:
Be consecutively numbered;
Be displayed as described for permanent license plates in RCW 46.16A.200(5)(a);
Be composed of material that must be durable and remain unaltered in field conditions for a minimum of four months; and
Remain on the vehicle only until the receipt of permanent license plates.
The application must be accompanied by the fee required under RCW 46.17.400(1)(b).
Pursuant to subsection (2) of this section, the department may adopt rules for the design and display of temporary license plates.
By December 1, 2025, the department must adopt rules implementing contingency extensions of the expiration date for department temporary license plates in cases of shortages of permanent license plates. The rules must prioritize reducing customer return trips for department temporary license plates, and include a communication plan with state and local law enforcement agencies regarding the implementation of the contingency extensions.
When the department of corrections, in conjunction with the department of licensing, anticipates a projected license plate shortage statewide or in particular locations, the department of licensing must promptly communicate such shortage to the county auditors or other agents, and subagents appointed by the director of the department of licensing. The department of corrections, in conjunction with the department of licensing, must also develop and implement a mitigation plan to address the shortage that may include the contracting with a third-party vendor for production of license plates until such time as the shortage is eliminated and a sufficient license plate inventory is available for the subsequent 90-day period. Use of a third-party vendor may thereafter be initiated by the department of corrections, the department of licensing, or jointly by the two agencies.
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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.
All moneys collected by the director from the aircraft fuel excise tax as provided in RCW 82.42.020 shall be transmitted to the state treasurer and shall be credited to the aeronautics account 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 aviation-related purposes. Moneys collected from the consumer or user of aircraft fuel from either the use tax imposed by RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020 shall be transmitted to the state treasurer and credited to the state general fund.
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.
The Washington state ferries is exempt from the requirements of this section and must use a minimum of five percent biodiesel as compared to total volume of all diesel , and develop internal processes to transition diesel vessels in the fleet to the highest possible biofuel blend or renewable diesel by 2030.
In order to improve the safety, mobility, and accessibility of state highways, it is the intent of the legislature that the department must incorporate the principles of complete streets with facilities that provide street access with all users in mind, including pedestrians, bicyclists, and public transportation users, notwithstanding the provisions of RCW 47.24.020 concerning responsibility beyond the curb of state rights-of-way. As such, state transportation projects (a) starting design between July 1, 2022, and July 31, 2025, that are $500,000 or more, and (b) starting design on or after August 1, 2025, that are $1,000,000 or more, must:
i. Identify those locations on state rights-of-way that do not have a complete and Americans with disabilities act accessible sidewalk or shared-use path, that do not have bicycle facilities in the form of a bike lane or adjacent parallel trail or shared-use path, that have such facilities on a state route within a population center that has a posted speed in excess of 30 miles per hour and no buffer or physical separation from vehicular traffic for pedestrians and bicyclists, and/or that have a design that hampers the ability of motorists to see a crossing pedestrian with sufficient time to stop given posted speed limits and roadway configuration;
ii. Consult with local jurisdictions to confirm existing and planned active transportation connections along or across the location; identification of connections to existing and planned public transportation services, ferry landings, commuter and passenger rail, and airports; the existing and planned facility type(s) within the local jurisdiction that connect to the location; and the potential use of speed management techniques to minimize crash exposure and severity;
iii. Adjust the speed limit to a lower speed with appropriate modifications to roadway design and operations to achieve the desired operating speed in those locations where this speed management approach aligns with local plans or ordinances, particularly in those contexts that present a higher possibility of serious injury or fatal crashes occurring based on land use context, observed crash data, crash potential, roadway characteristics that are likely to increase exposure, or a combination thereof, in keeping with a safe system approach and with the intention of ultimately eliminating serious and fatal crashes; and
iv. Plan, design, and construct facilities providing context-sensitive solutions that contribute to network connectivity and safety for pedestrians, bicyclists, and people accessing public transportation and other modal connections, such facilities to include Americans with disabilities act accessible sidewalks or shared-use paths, bicyclist facilities, and crossings as needed to integrate the state route into the local network.
Projects undertaken for emergent work required to reopen a state highway in the event of a natural disaster or other emergency repair are not required to comply with the provisions of this section.
Maintenance of facilities constructed under this provision shall be as provided under existing law.
This section does not create a private right of action.
(1) Vehicles must be registered as required by this chapter and must display license plates or decals assigned by the department.
A local government may designate an increment area under this chapter and use the tax allocation revenues to pay public improvement costs, subject to the following conditions:
The local government must adopt an ordinance designating an increment area within its boundaries and describing the public improvements proposed to be paid for, or financed with, tax allocation revenues;
The local government may not designate increment area boundaries such that the entirety of its territory falls within an increment area;
(i) Except as provided in (c)(ii) of this subsection, the increment area may not have an assessed valuation of more than $200,000,000 or more than 20 percent of the sponsoring jurisdiction's total assessed valuation, whichever is less, when the ordinance is passed. If a sponsoring jurisdiction creates two increment areas, the total combined assessed valuation in both of the two increment areas may not equal more than $200,000,000 or more than 20 percent of the sponsoring jurisdiction's total assessed valuation, whichever is less, when the ordinances are passed creating the increment areas.
(A) The sponsoring jurisdiction is a city with a population over 150,000 but less than 170,000 and is located in a county with a population of over 1,500,000;
(B) The tax increment area is connected to Interstate 405 and the transportation-related public improvements that will be funded enhance the integration and connection of neighborhoods within and adjacent to the increment area;
(C) The sponsoring jurisdiction enacted an ordinance designating the increment area no later than January 1, 2029; and
(D) Affected port districts or public utility districts where all or a portion of its levy is excluded from the definition of "regular property taxes" under RCW 39.114.010(9) must approve partial or full participation within the increment area to be subject to the apportionment under this chapter;
d. Except as otherwise provided in (c)(ii) of this subsection, a local government can create no more than two active increment areas at any given time and they may not physically overlap by including the same land in more than one increment area at any time;
e. The ordinance must set a sunset date for the increment area, which may be no more than 25 years after the first year in which tax allocation revenues are collected from the increment area;
f. The ordinance must identify the public improvements to be financed and indicate whether the local government intends to issue bonds or other obligations, payable in whole or in part, from tax allocation revenues to finance the public improvement costs, and must estimate the maximum amount of obligations contemplated;
g. The ordinance must provide that the increment area takes effect on June 1st following the adoption of the ordinance in (a) of this subsection;
h. The sponsoring jurisdiction may not add additional public improvements to the project after adoption of the ordinance creating the increment area or change the boundaries of the increment area. The sponsoring jurisdiction may expand, alter, or add to the original public improvements when doing so is necessary to assure the originally approved improvements can be constructed or operated;
i. The ordinance must impose a deadline by which commencement of construction of the public improvements shall begin, which deadline must be at least five years into the future and for which extensions shall be made available for good cause; and
j. The local government must make a finding that:
i. The public improvements proposed to be paid or financed with tax allocation revenues are expected to encourage private development within the increment area and to increase the assessed value of real property within the increment area;
ii. Private development that is anticipated to occur within the increment area as a result of the proposed public improvements will be permitted consistent with the permitting jurisdiction's applicable zoning and development standards;
iii. The private development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the proposed public improvements; and
iv. The increased assessed value within the increment area that could reasonably be expected to occur without the proposed public improvements would be less than the increase in the assessed value estimated to result from the proposed development with the proposed public improvements.
In considering whether to designate an increment area, the legislative body of the local government must prepare a project analysis that shall include, but need not be limited to, the following:
A statement of objectives of the local government for the designated increment area;
A statement as to the property within the increment area, if any, that the local government may intend to acquire;
The duration of the increment area;
Identification of all parcels to be included in the area;
A description of the expected private development within the increment area, including a comparison of scenarios with the proposed public improvements and without the proposed public improvements;
A description of the public improvements, estimated public improvement costs, and the estimated amount of bonds or other obligations expected to be issued to finance the public improvement costs and repaid with tax allocation revenues;
The assessed value of real property listed on the tax roll as certified by the county assessor under RCW 84.52.080 from within the increment area and an estimate of the increment value and tax allocation revenues expected to be generated;
An estimate of the job creation reasonably expected to result from the public improvements and the private development expected to occur in the increment area;
An assessment of any impacts on the following:
Affordable and low-income housing;
The local business community;
The local school districts; and
The local fire service, public hospital service, and emergency medical services; and
The assessment of impacts under (i) of this subsection (2) must include any necessary mitigation to the local fire service, public hospital service, and emergency medical services; and
An assessment of any impacts of any other junior taxing districts not referenced in (i) of this subsection (2).
The local government may charge a private developer, who agrees to participate in creating the increment area, a fee sufficient to cover the cost of the project analysis and establishing the increment area, including staff time, professionals and consultants, and other administrative costs related to establishing the increment area.
Nothing in this section prohibits a local government from entering into an agreement under chapter 39.34 RCW with another local government for the administration or other activities related to tax increment financing authorized under this section.
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If the project analysis indicates that an increment area will impact at least 20 percent of the assessed value in a public hospital district, fire protection district, or regional fire protection service authority, or if the public hospital district's or the fire service agency's annual report, or other governing board-adopted capital facilities plan, demonstrates an increase in the level of service directly related to the increased development in the increment area, the local government must enter into negotiations for a mitigation plan with the impacted public hospital district, fire protection district, or regional fire protection service authority to address level of service issues in the increment area.
If the parties cannot agree pursuant to (a) of this subsection (5), the parties must proceed to arbitration to determine the appropriate mitigation plan. The board of arbitrators must consist of three persons: One appointed by the local government seeking to designate the increment area and one appointed by the junior taxing district, both of whom must be appointed within 60 days of the date when arbitration is requested, and a third arbitrator who must be appointed by agreement of the other two arbitrators within 90 days of the date when arbitration is requested. If the two are unable to agree on the appointment of the third arbitrator within this 90-day period, then the third arbitrator must be appointed by a judge in the superior court of the county within which the largest portion of the increment area is located. The determination by the board of arbitrators is binding on both the local government seeking to impose the increment area and the junior taxing district.
The local government may reimburse the assessor and treasurer for their costs as provided in RCW 39.114.010(6)(e).
Prior to the adoption of an ordinance authorizing creation of an increment area, the local government must:
Hold at least two public briefings for the community solely on the tax increment project that include the description of the increment area, the public improvements proposed to be financed with the tax allocation revenues, and a detailed estimate of tax revenues for the participating local governments and taxing districts, including the amounts allocated to the increment public improvements. The briefings must be announced at least two weeks prior to the date being held, including publishing in a legal newspaper of general circulation and posting information on the local government website and all local government social media sites, and must occur no earlier than 90 days after submitting the project analysis to the office of the treasurer and all local governments and taxing districts impacted by the increment area;
Submit the project analysis to all local governments and taxing districts impacted by the increment area no less than 90 days prior to the adoption of the ordinance; and
Submit the project analysis to the office of the treasurer for review and consider any comments that the treasurer may provide upon completion of their review of the project analysis as provided under this subsection. The treasurer must complete the review within 90 days of receipt of the project analysis and may consult with other agencies and outside experts as necessary. Upon completing their review, the treasurer must promptly provide to the local government any comments regarding suggested revisions or enhancements to the project analysis that the treasurer deems appropriate based on the requirements in subsection (2) of this section.
The legislature finds that a full set of project procurement, contracting, financing, and funding tools are needed to enable the delivery of transportation projects in a manner most advantageous to the public. Current public-private partnership laws have failed to spur innovative proposals from the private sector or new project delivery approaches from the department of transportation.
The legislature confirms the findings from previous studies that current laws and administrative processes are the primary obstacle impairing the state's ability to utilize public-private partnerships. The legislature finds that a new public-private partnership law is needed to:
Transparently demonstrate and deliver better value for the public including, but not limited to, expedited project delivery and more effective management of project life-cycle costs;
Provide an additional option for delivering complex transportation projects, including addressing a shortage of truck parking;
Incorporate private sector expertise and innovation into transportation project delivery;
Allocate project risks to the parties best able to manage those risks;
Allow new sources of private capital;
Increase access to federal funding and financing mechanisms;
Better align private sector incentives with public priorities; and
Provide consistency in the review and approval processes for the full range of project delivery tools and contracting methods.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Commission" means the transportation commission.
"Department" means the department of transportation.
"Eligible transportation project" means any project, whether capital or operating, where the state's purpose for the project is to preserve or facilitate the safe transport of people or goods via any mode of travel.
"Private sector partner" and "private partner" means a person, entity, or organization that is not the federal government, a state, or a political subdivision of a state.
"Public funds" means all moneys derived from taxes, fees, charges, tolls, or other levies of money from the public.
"Public sector partner" and "public partner" means any federal or state unit of government, bistate transportation organization, or any other political subdivision of any state.
"State finance committee" means the entity created in chapter 43.33 RCW.
"Unit of government" means any department or agency of the federal government, any state or agency, office, or department of a state, any city, county, district, commission, authority, entity, port, or other public corporation organized and existing under statutory law or under a voter-approved charter or initiative, and any intergovernmental entity created under chapter 39.34 RCW or this chapter.
The department shall develop policies and, where appropriate, adopt rules to carry out this chapter and govern the use of public-private partnerships for transportation projects. At a minimum, the department's policies and rules must address the following issues:
The types of projects allowed;
Consistent with section 735 of this act, a process and methodology for determining whether a public-private partnership delivery model will be in the public's interest;
Consistent with section 740 of this act, a process and methodology for determining whether a negotiated partnership agreement will result in greater public value to the state than if the project is delivered using other procurement and contracting methods;
The types of contracts allowed, with consideration given to the best practices available;
Minimum standards and criteria required of all proposals;
Procedures for the proper identification, solicitation, acceptance, review, and evaluation of projects, consistent with existing project procurement and contracting requirements and practices;
Criteria to be considered in the evaluation and selection of proposals that includes:
Comparison with the department's internal ability to complete the project that documents the advantages of completing the project as a partnership versus solely as a public venture; and
Factors such as, but not limited to: Priority, life-cycle cost, risk sharing, scheduling, innovation, and management conditions;
The protection of confidential proprietary information while still meeting the need for transparency and public disclosure that is consistent with section 740 of this act;
Specifying that maintenance issues must be resolved in a manner consistent with chapter 41.80 RCW;
Guidelines to address security and performance issues.
During its rule-making activities, the department must consult with the department's office of equity and civil rights.
By September 1, 2026, the department must provide a report to the house of representatives and senate transportation committees on proposed policies and guidelines it intends to develop into administrative rules. Rules adopted by the department pursuant to this chapter may not take effect before January 1, 2027.
For any eligible transportation project that requires the imposition of tolls on a state facility, the legislature must approve the imposition of such tolls consistent with RCW 47.56.820.
For any eligible transportation project that requires setting or adjusting toll rates on a state facility, the commission has sole responsibility consistent with RCW 47.56.850.
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If federal funds are provided for an eligible transportation project developed under this chapter, disadvantaged business enterprise inclusion requirements, as established, monitored, and administered by the department's office of equity and civil rights, apply.
If no federal funds are provided for an eligible transportation project developed under this chapter, state laws, rates, and rules must govern, including the public works small business certification program pursuant to RCW 39.19.030(7) as monitored and administered by the department's office of equity and civil rights.
All other transportation project procurement and contracting governing provisions and procedures that do not conflict with this chapter apply unless otherwise specified.
Any eligible transportation project with an estimated cost to the state of less than $500,000,000 may be evaluated for delivery under a public-private partnership model as prescribed under this chapter. Any eligible transportation project with an estimated cost to the state of $500,000,000 or more may only be evaluated for delivery under a public-private partnership model pursuant to this chapter if explicitly authorized by the legislature.
Subject to the limitations in this section, the department may, in connection with the evaluation of eligible transportation projects, consider any financing mechanisms from any lawful source, either integrated as part of a project proposal or as a separate, stand-alone proposal to finance a project. Financing may be considered for all or part of a proposed project. A project may be financed in whole or in part with:
The proceeds of grant anticipation revenue bonds authorized under 23 U.S.C. Sec. 122 and applicable state law. Legislative authorization and appropriation are required to use this source of financing;
Grants, loans, loan guarantees, lines of credit, revolving lines of credit, or other financing arrangements available under the transportation infrastructure finance and innovation act under 23 U.S.C. Sec. 181 et seq., or any other applicable federal law, subject to legislative authorization and appropriation as required;
Infrastructure loans or assistance from the state infrastructure bank established under RCW 82.44.195, subject to legislative authorization and appropriation as required;
Federal, state, or local revenues, subject to appropriation by the applicable legislative authority;
User fees, tolls, fares, lease proceeds, rents, gross or net receipts from sales, proceeds from the sale of development rights, franchise fees, or any other lawful form of consideration. However, projects financed by tolls must first be authorized by the legislature under RCW 47.56.820;
Loans, pledges, or contributions of funds, including equity investments, from private entities;
Revenue bonds, subject to legislative authorization and appropriation as required.
Subject to subsection (4) of this section, the department may develop a plan of finance that would require either the state or a private partner, or both, to: Issue debt, equity, or other securities or obligations; enter into contracts, leases, concessions, and grant and loan agreements; or secure any financing with a pledge of funds to be appropriated by the legislature or with a lien or exchange of real property.
As security for the payment of any financing, the revenues from the project may be pledged, but no such pledge of revenues constitutes in any manner or to any extent a general obligation of the state, unless specifically authorized by the legislature. Any financing described in this section may be structured on a senior, parity, or subordinate basis to any other financing.
The department shall not execute any agreement with respect to an eligible transportation project, including any agreement that could materially impact the state's debt capacity or credit rating as determined by the state finance committee, without prior review and approval of the plan of finance and proposed financing terms by the state finance committee.
The department may accept from the United States or any of its agencies such funds as are available to this state or to any other unit of government for carrying out the purposes of this chapter, whether the funds are made available by grant, loan, or other financing arrangement. The department may enter into such agreements and other arrangements with the United States or any of its agencies as may be necessary, proper, and convenient for carrying out the purposes of this chapter, subject to subsection (2) of this section.
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The department may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other valuable thing made to the state of Washington, the department, or a local government for carrying out the purposes of this chapter.
Any eligible transportation project may be financed in whole or in part by contribution of any funds or property made by any private entity or public sector partner that is a party to any agreement entered into under this chapter.
The department may evaluate eligible transportation projects that are already programmed for other delivery methods to determine their appropriateness for delivery under a public-private partnership model.
Before entering into a formal solicitation or procurement to develop a project as a public-private partnership, the department must make formal findings that utilizing a public-private partnership delivery method is in the public's interest. The department must adopt rules detailing the process and criteria for making such findings. At a minimum, the criteria must consider whether:
Public ownership of the asset can be retained;
Transparency during the consideration of a public-private partnership agreement can be provided;
Public oversight of the private entity's management of the asset can be provided; and
Additional criteria that reflects the legislative findings in section 727 of this act.
Before commencing any solicitation to deliver the project as a public-private partnership, the department must provide an opportunity for public comment on the proposed project and delivery method.
Upon a finding of public interest pursuant to subsection (2) of this section, the department must provide written notification of their finding of public interest and intent to deliver the project as a public-private partnership to the general public, to the chairs and ranking members of the transportation committees of the legislature, and to the governor.
Upon a finding of public interest pursuant to subsection (2) of this section, the department may:
Solicit concepts or proposals for the identified public-private partnership project from private entities and units of government;
Evaluate the concepts or proposals received under this section. The evaluation under this subsection must include consultation with any appropriate unit of government; and
Select potential projects based on the concepts or proposals.
Subject to the availability of amounts appropriated for this specific purpose, the department may spend such moneys as may be necessary for stipends for respondents to a solicitation, the evaluation of concepts or proposals for eligible transportation projects, and for negotiating agreements for eligible transportation projects authorized under this chapter. Expenses incurred by the department under this section before the issuance of transportation project bonds or other financing must be paid by the department and charged to the appropriate project. The department must keep records and accounts showing each charged amount.
Unless otherwise provided in the omnibus transportation appropriations act, the funds spent by the department under this section in connection with the project must be repaid from the proceeds of the bonds or other financing upon the sale of transportation project bonds or upon obtaining other financing for an eligible transportation project, as allowed by law or contract.
The department may consult with legal, financial, technical, and other experts in the public and private sector in the evaluation, negotiation, and development of projects under this chapter.
In the absence of any direct federal funding or direction, the department may contract with a private developer of a selected project proposal to conduct environmental impact studies and engineering and technical studies.
The following provisions must be included in any transportation project agreement entered into under the authority of this chapter and to which the state is a party:
For any project that proposes terms for stand alone maintenance or asset management services for a public facility, those services must be provided in a manner consistent with any collective bargaining agreements, chapter 41.80 RCW, and civil service laws that are in effect for the public facility;
A finding of public interest, as issued by the department pursuant to section 734 of this act;
If there is a tolling component to the project, it must be specified that the tolling technology used in the project must be consistent with tolling technology standards adopted by the department for transportation-related projects;
Provisions for bonding, financial guarantees, deposits, or the posting of other security to secure the payment of laborers, subcontractors, and suppliers who perform work or provide materials as part of the project;
All projects must be financed in a manner consistent with section 733 of this act.
At a minimum, agreements between the state and private sector partners entered into under this section must specifically include the following contractual elements:
The point in the project at which public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;
How the partners will share management of the risks of the project;
The compensation method and amount for the private partner, establishing a maximum rate of return, and identifying how project revenue, if any, in excess of the maximum rate of return will be distributed;
How the partners will share the costs of development of the project;
How the partners will allocate financial responsibility for cost overruns;
The penalties for nonperformance;
The incentives for performance;
The accounting and auditing standards to be used to evaluate work on the project;
Provisions and remedies for default by either party, and provisions for termination of the agreement for or without cause;
Provisions for public communication and participation with respect to the development of the project.
Before executing an agreement under section 738 of this act, the department must make a formal finding that the negotiated partnership agreement is expected to result in best value for the public. The department must develop and adopt a process and criteria for measuring, determining, and transparently reporting best value relevant to the proposed project. At minimum, the criteria must include:
A comparison of the total cost to deliver the project, including any operations and maintenance costs, as a public-private partnership compared to traditional or other alternative delivery methods available to the department;
A comparison with the department's current plan, resources, delivery capacity, and schedule to complete the project that documents the advantages of completing the project as a public-private partnership versus solely as a public venture; and
Factors such as, but not limited to: Priority, cost, risk sharing, scheduling, asset and service quality, innovation, and management conditions.
A proposer must identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets and provide any justification as to why these materials, upon request, should not be disclosed by the department. Patent information will be covered until the patent expires. Other information, such as originality of design or records of negotiation, is protected under this section only until an agreement under section 739 of this act is reached. Eligible transportation projects under federal jurisdiction or using federal funds must conform to federal regulations under the freedom of information act.
If public funds are used to pay any costs of construction of a public facility that is part of an eligible transportation project, chapter 39.12 RCW applies to the entire eligible transportation project.
The state may, either separately or in combination with any other public sector partner, enter into working agreements, coordination agreements, or similar implementation agreements, including the formation of bistate transportation organizations, to carry out the joint implementation and operation of an eligible transportation project selected under this chapter. The state may enter into agreements with other units of government or Canadian provinces for transborder transportation projects.
The state may exercise the power of eminent domain to acquire property, easements, or other rights or interests in property for projects that are necessary to implement an eligible transportation project developed under this chapter. Any property acquired pursuant to this section must be owned in fee simple by the state.
Applicable federal laws, rules, and regulations govern in any situation that involves federal funds if the federal laws, rules, or regulations:
Conflict with any provision of this chapter;
Require procedures that are additional to or inconsistent with those provided in this chapter; or
Require contract provisions not authorized in this chapter.
The public-private partnerships account is created in the custody of the state treasurer.
The following moneys must be deposited into the account:
Proceeds from bonds or other financing instruments;
Revenues received from any transportation project developed under this chapter or developed under the general powers granted to the department; and
Any other moneys that are by donation, grant, contract, law, or other means transferred, allocated, or appropriated to the account.
Expenditures from the account may be used only for the planning, acquisition, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, preservation, management, repair, or operation of any eligible transportation project under this chapter.
The state treasurer may establish separate subaccounts within the public-private partnerships account for each transportation project that is initiated under this chapter or under the general powers granted to the department. The state may pledge moneys in the public-private partnerships account to secure revenue bonds or any other debt obligations relating to the project for which the account is established.
Only the secretary or the secretary's designee may authorize distributions from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
Except as permitted under chapter 47.--- RCW (the new chapter created in section 750 of this act) or 47.46 RCW:
Unless otherwise delegated, and subject to RCW 47.56.820, the department of transportation shall have full charge of the planning, analysis, and construction of all toll bridges and other toll facilities including the Washington state ferries, and the operation and maintenance thereof.
The transportation commission shall determine and establish the tolls and charges thereon.
Unless otherwise delegated, and subject to RCW 47.56.820, the department shall have full charge of planning, analysis, and design of all toll facilities. The department may conduct the planning, analysis, and design of toll facilities as necessary to support the legislature's consideration of toll authorization.
The department shall utilize and administer toll collection systems that are simple, unified, and interoperable. To the extent practicable, the department shall avoid the use of toll booths. The department shall set the statewide standards and protocols for all toll facilities within the state, including those authorized by local authorities.
Except as provided in this section, the department shall proceed with the construction of such toll bridges and other facilities and the approaches thereto by contract in the manner of state highway construction immediately upon there being made available funds for such work and shall prosecute such work to completion as rapidly as practicable. The department is authorized to negotiate contracts for any amount without bid under (e)(i) and (ii) of this subsection:
Emergency contracts, in order to make repairs to ferries or ferry terminal facilities or removal of such facilities whenever continued use of ferries or ferry terminal facilities constitutes a real or immediate danger to the traveling public or precludes prudent use of such ferries or facilities; and
Single source contracts for vessel dry dockings, when there is clearly and legitimately only one available bidder to conduct dry dock-related work for a specific class or classes of vessels. The contracts may be entered into for a single vessel dry docking or for multiple vessel dry dockings for a period not to exceed two years.
Any new vessel planning, construction, purchase, analysis, or design work must be consistent with RCW 47.60.810, except as otherwise provided in RCW 47.60.826.
The department shall proceed with the procurement of materials, supplies, services, and equipment needed for the support, maintenance, and use of a ferry, ferry terminal, or other facility operated by Washington state ferries, in accordance with chapter 43.19 RCW except as follows:
When the secretary of the department of transportation determines in writing that the use of invitation for bid is either not practicable or not advantageous to the state and it may be necessary to make competitive evaluations, including technical or performance evaluations among acceptable proposals to complete the contract award, a contract may be entered into by use of a competitive sealed proposals method, and a formal request for proposals solicitation. Such formal request for proposals solicitation shall include a functional description of the needs and requirements of the state and the significant factors.
When purchases are made through a formal request for proposals solicitation the contract shall be awarded to the responsible proposer whose competitive sealed proposal is determined in writing to be the most advantageous to the state taking into consideration price and other evaluation factors set forth in the request for proposals. No significant factors may be used in evaluating a proposal that are not specified in the request for proposals. Factors that may be considered in evaluating proposals include but are not limited to: Price; maintainability; reliability; commonality; performance levels; life-cycle cost if applicable under this section; cost of transportation or delivery; delivery schedule offered; installation cost; cost of spare parts; availability of parts and service offered; and the following:
The ability, capacity, and skill of the proposer to perform the contract or provide the service required;
The character, integrity, reputation, judgment, experience, and efficiency of the proposer;
Whether the proposer can perform the contract within the time specified;
The quality of performance of previous contracts or services;
The previous and existing compliance by the proposer with laws relating to the contract or services;
Objective, measurable criteria defined in the request for proposal. These criteria may include but are not limited to items such as discounts, delivery costs, maintenance services costs, installation costs, and transportation costs; and
Such other information as may be secured having a bearing on the decision to award the contract.
When purchases are made through a request for proposal process, proposals received shall be evaluated based on the evaluation factors set forth in the request for proposal. When issuing a request for proposal for the procurement of propulsion equipment or systems that include an engine, the request for proposal must specify the use of a life-cycle cost analysis that includes an evaluation of fuel efficiency. When a life-cycle cost analysis is used, the life-cycle cost of a proposal shall be given at least the same relative importance as the initial price element specified in the request of proposal documents. The department may reject any and all proposals received. If the proposals are not rejected, the award shall be made to the proposer whose proposal is most advantageous to the department, considering price and the other evaluation factors set forth in the request for proposal.
No tolls may be imposed on new or existing highways or bridges without specific legislative authorization, or upon a majority vote of the people within the boundaries of the unit of government empowered to impose tolls. This section applies to chapter 47.56 RCW and to any tolls authorized under chapter 47.--- RCW (the new chapter created in section 750 of this act).
A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a transportation demand management program in the designated area.
The transportation demand management program for the growth and transportation efficiency center shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties.
In order to be eligible for state funding provided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other interested parties as part of the regional commute trip reduction plan; and (ii) have established a transportation demand management program that includes the elements identified in (c) of this subsection and is consistent with the rules established by the department of transportation in RCW 70A.15.4060(2). If a designated growth and transportation efficiency center is denied certification, the local jurisdiction may appeal the decision to the commute trip reduction board.
Transportation demand management programs for growth and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more aggressive than the state program goal established by the commute trip reduction board; (ii) a sustainable financial plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommending any innovative financing techniques consistent with chapter 47.--- RCW (the new chapter created in section 750 of this act), including public/private partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; and (v) an evaluation to which local land use and transportation policies apply, including parking policies and ordinances, to determine the extent that they complement and support the trip reduction investments of major employers. Each of these program elements shall be consistent with the rules established under RCW 70A.15.4060.
A designated growth and transportation efficiency center shall be consistent with the land use and transportation elements of the local comprehensive plan.
Transit agencies, local governments, and regional transportation planning organizations shall identify certified growth and transportation efficiency centers as priority areas for new service and facility investments in their respective investment plans.
A county, city, or town that has established a growth and transportation efficiency center program shall support vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to attainment of program goals in those areas.
Section 706 of this act expires July 1, 2028.
Sections 705, 706, and 708 through 711 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 30, 2025.
Sections 101, 102, 601 through 610, 612, 702 through 704, 714, 715, and 723 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2025.
Sections 103 and 104 and 301 through 304 of this act take effect October 1, 2025.
Sections 105, 106, 201 through 207, 209, 210, 212 through 214, 305, and 505 of this act take effect January 1, 2026.
Section 707 of this act takes effect July 1, 2028.
Section 504 of this act expires January 1, 2026.
Sections 211, 307 through 310, and 701 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
Sections 727 through 749 of this act take effect July 1, 2026.
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.