RCW ch. 47.01 — Revised Code of Washington Chapter 47.01 RCW — Department Of Transportation

RCW 47.01.011 Legislative declaration. The legislature hereby recognizes the following imperative needs within the state: To create a statewide transportation development plan which identifies present status and sets goals for the future; to coordinate transportation modes; to promote and protect land use programs required in local, state, and federal law; to coordinate transportation with the economic development of the state; to supply a broad framework in which regional, metropolitan, and local transportation needs can be related; to facilitate the supply of federal and state aid to those areas which will most benefit the state as a whole; to provide for public involvement in the transportation planning and development process; to administer programs within the jurisdiction of this title relating to the safety of the state's transportation systems; and to coordinate and implement national transportation policy with the state transportation planning program. The legislature finds and declares that placing all elements of transportation in a single department is fully consistent with and shall in no way impair the use of moneys in the motor vehicle fund exclusively for highway purposes. Through this chapter, a unified department of transportation is created. To the jurisdiction of this department will be transferred the present powers, duties, and functions of the department of highways, the highway commission, the toll bridge authority, the aeronautics commission, and the canal commission, and the transportation related powers, duties, and functions of the *planning and community affairs agency. The powers, duties, and functions of the department of transportation must be performed in a manner consistent with the policy goals set forth in RCW 47.04.280. [ 2007 c 516 s 2; 1977 ex.s. c 151 s 1.] NOTES: *Reviser's note: RCW 47.01.021 Definitions. As used in this title unless the context indicates otherwise: (1) "Department" means the department of transportation created in RCW 47.01.031; (2) "Commission" means the transportation commission created in RCW 47.01.051; (3) "Secretary" means the secretary of transportation as provided for in RCW 47.01.041. [ 1977 ex.s. c 151 s 2.] NOTES: Additional definitions: RCW 47.04.010. RCW 47.01.031 Department created—Transfer of powers, duties, and functions. (1) There is created a department of state government to be known as the department of transportation. (2) All powers, duties, and functions vested by law in the department of highways, the state highway commission, the director of highways, the Washington toll bridge authority, the aeronautics commission, the director of aeronautics, and the canal commission, and the transportation related powers, duties, and functions of the *planning and community affairs agency, are transferred to the jurisdiction of the department, except those powers, duties, and functions which are expressly directed elsewhere in **this or in any other act of the 1977 legislature. (3) The board of pilotage commissioners is transferred to the jurisdiction of the department for its staff support and administration: PROVIDED, That nothing in this section shall be construed as transferring any policy making powers of the board of pilotage commissioners to the transportation commission or the department of transportation. [ 1988 c 167 s 11; 1977 ex.s. c 151 s 3.] NOTES: Reviser's note: RCW 47.01.041 Secretary of transportation—Appointment, salary, removal. The executive head of the department of transportation shall be the secretary of transportation, who shall be appointed by the governor with the advice and consent of the senate, and shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. The secretary shall be an ex officio member of the transportation commission without a vote. The secretary shall serve at the pleasure of the governor. [ 2005 c 319 s 3; 1983 1st ex.s. c 53 s 28; 1977 ex.s. c 151 s 4.] NOTES: Findings— RCW 47.01.051 Commission created—Appointment of members—Terms—Qualifications—Removal. There is hereby created a transportation commission, which shall consist of seven voting members appointed by the governor, with the consent of the senate. The present five members of the highway commission shall serve as five initial members of the transportation commission until their terms of office as highway commission members would have expired. The additional two members provided herein for the transportation commission shall be appointed for initial terms to expire on June 30, 1982, and June 30, 1983. Thereafter all 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, four members of the commission shall reside in the western part of the state and three 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. [ 2006 c 334 s 1; 1977 ex.s. c 151 s 5.] NOTES: Effective date— RCW 47.01.061 Commission—Procedures and internal operations. (1) The commission shall meet at such times as it deems advisable but at least on a quarterly basis with meetings to be held in different parts of the state. It may adopt its own rules and regulations and may establish its own procedure. It shall act collectively in harmony with recorded resolutions or motions adopted by majority vote of at least four members. The commission may appoint an executive director, and shall elect one of its members chair for a term of one year. The chair may vote on all matters before the commission. The commission may from time to time retain planners, consultants, and other technical personnel to advise it in the performance of its duties. (2) The commission shall submit to each regular session of the legislature held in an odd-numbered year its own budget proposal necessary for the commission's operations separate from that proposed for the department. (3) Each member of the commission shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the commission, and actual and necessary traveling and other expenses incurred in the discharge of such duties as may be requested by a majority vote of the commission or by the secretary of transportation, but in no event shall the entire commission membership be compensated for more than one thousand two hundred thirty days combined. Service on the commission shall not be considered as service credit for the purposes of any public retirement system. (4) Each member of the commission shall disclose any actual or potential conflict of interest, if applicable under the circumstance, regarding any commission business. [ 2006 c 334 s 2; 2005 c 319 s 4; 1987 c 364 s 2; 1984 c 287 s 94; 1983 1st ex.s. c 53 s 29; 1981 c 59 s 1; 1977 ex.s. c 151 s 6.] NOTES: Effective date— RCW 47.01.070 Director's and commissioner's prior assignments may be delegated. In all situations wherein the director of highways, the director of aeronautics, or any one of their designees, or any member of the highway commission, the toll bridge authority, the aeronautics commission, or the canal commission, or any one of their designees was on September 21, 1977, designated or serving as a member of any board, commission, committee, or authority, the chair of the transportation commission or the chair's designee who shall be an employee of the department of transportation, shall hereafter determine who shall serve as such member. [ 2010 c 8 s 10001; 1977 ex.s. c 151 s 27; 1961 c 13 s 47.01.070. Prior: 1951 c 247 s 5. Formerly RCW 43.27.120.] RCW 47.01.071 Commission—Functions, powers, and duties. The transportation commission shall have the following functions, powers, and duties: (1) To propose policies to be adopted by the governor and the legislature designed to assure the development and maintenance of a comprehensive and balanced statewide transportation system which will meet the needs of the people of this state for safe and efficient transportation services. Wherever appropriate, the policies shall provide for the use of integrated, intermodal transportation systems. The policies must be aligned with the goals established in RCW 47.04.280. To this end the commission shall: (a) Develop transportation policies which are based on the policies, goals, and objectives expressed and inherent in existing state laws; (b) Inventory the adopted policies, goals, and objectives of the local and area-wide governmental bodies of the state and define the role of the state, regional, and local governments in determining transportation policies, in transportation planning, and in implementing the state transportation plan; (c) Establish a procedure for review and revision of the state transportation policy and for submission of proposed changes to the governor and the legislature; and (d) Integrate the statewide transportation plan with the needs of the elderly and persons with disabilities, and coordinate federal and state programs directed at assisting local governments to answer such needs; (2) To provide for the effective coordination of state transportation planning with national transportation policy, state and local land use policies, and local and regional transportation plans and programs; (3) In conjunction with the provisions under RCW 47.01.075, to provide for public involvement in transportation designed to elicit the public's views both with respect to adequate transportation services and appropriate means of minimizing adverse social, economic, environmental, and energy impact of transportation programs; (4) By December 2010, to prepare a comprehensive and balanced statewide transportation plan consistent with the state's growth management goals and based on the transportation policy goals provided under RCW 47.04.280 and applicable state and federal laws. The plan must reflect the priorities of government developed by the office of financial management and address regional needs, including multimodal transportation planning. The plan must, at a minimum: (a) Establish a vision for the development of the statewide transportation system; (b) identify significant statewide transportation policy issues; and (c) recommend statewide transportation policies and strategies to the legislature to fulfill the requirements of subsection (1) of this section. The plan must be the product of an ongoing process that involves representatives of significant transportation interests and the general public from across the state. Every four years, except during the 2021-2023 fiscal biennium, the plan shall be reviewed and revised, and submitted to the governor and the house of representatives and senate standing committees on transportation. The plan shall take into account federal law and regulations relating to the planning, construction, and operation of transportation facilities; (5) 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; (6) To adopt such rules as may be necessary to carry out reasonably and properly those functions expressly vested in the commission by statute; (7) 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; (8) 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 (9) To exercise such other specific powers and duties as may be vested in the transportation commission by this or any other provision of law. [ 2022 c 186 s 702; 2016 c 35 s 1; 2007 c 516 s 4; 2006 c 334 s 3; 2005 c 319 s 5; 1981 c 59 s 2; 1980 c 87 s 45; 1977 ex.s. c 151 s 7.] NOTES: Effective date— RCW 47.01.075 Transportation policy development. (1) The transportation commission shall provide a public forum for the development of transportation policy in Washington state to include coordination with regional transportation planning organizations, transportation stakeholders, counties, cities, and citizens. At least every five years, the commission shall convene regional forums to gather citizen input on transportation issues. The commission shall consider the input gathered at the forums as it establishes the statewide transportation plan under RCW 47.01.071(4). (2) In fulfilling its responsibilities under this section, the commission may create ad hoc committees or other such committees of limited duration as necessary. (3) In order to promote a better transportation system, the commission may offer policy guidance and make recommendations to the governor and the legislature in key issue areas, including but not limited to: (a) Transportation finance; (b) Preserving, maintaining, and operating the statewide transportation system; (c) Transportation infrastructure needs; (d) Promoting best practices for adoption and use by transportation-related agencies and programs; (e) Transportation efficiencies that will improve service delivery and/or coordination; (f) Improved planning and coordination among transportation agencies and providers; and (g) Use of intelligent transportation systems and other technology-based solutions. [ 2007 c 516 s 5; 2006 c 334 s 4; 2005 c 319 s 6.] NOTES: Findings— RCW 47.01.078 Transportation system policy goals—Duties. To support achievement of the policy goals described in RCW 47.04.280, the department shall: (1) Maintain an inventory of the condition of structures and corridors in most urgent need of retrofit or rehabilitation; (2) Develop long-term financing tools that reliably provide ongoing maintenance and preservation of the transportation infrastructure; (3) Balance system safety and convenience through all phases of a project to accommodate all users of the transportation system to safely, reliably, and efficiently provide mobility to people and goods; (4) Develop strategies to gradually reduce the per capita vehicle miles traveled based on consideration of a range of reduction methods; (5) Consider efficiency tools, including high occupancy vehicle and high occupancy toll lanes, corridor-specific and systemwide pricing strategies, active traffic management, commute trip reduction, and other demand management tools; (6) Promote integrated multimodal planning; and (7) Consider engineers and architects to design environmentally sustainable, context-sensitive transportation systems. [ 2007 c 516 s 6.] NOTES: Findings— RCW 47.01.081 Department—Organization—Management personnel. (1) Initially the department shall be organized into divisions, including the division of highways, the division of public transportation, the division of aeronautics, the division of marine transportation, and the division of transportation planning and budget. (2) The secretary may reorganize divisions in order to attain the maximum possible efficiency in the operation of the department. Each division shall be headed by an assistant secretary to be appointed by the secretary. The secretary may also appoint a deputy secretary as may be needed for the performance of the duties and functions vested in the department and may also appoint up to twelve ferry system management positions as defined in RCW 47.64.011. The secretary may delegate to officers within the several divisions of the department authority to employ personnel necessary to discharge the responsibilities of the department. (3) The officers appointed under this section shall be exempt from the provisions of the state civil service law and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law. [ 1984 c 48 s 1; 1977 ex.s. c 151 s 8.] RCW 47.01.091 Advisory councils. The secretary shall establish such advisory councils as are necessary to carry out the purposes of this title, and to insure adequate public participation in the planning and development of transportation facilities. Members of such councils shall serve at the pleasure of the secretary and may receive per diem and necessary expenses, in accordance with RCW 43.03.050 and 43.03.060, as now or hereafter amended. [ 2006 c 334 s 5; 1977 ex.s. c 151 s 9.] NOTES: Effective date— RCW 47.01.101 Secretary—Authority and duties. The secretary shall have the authority and it shall be his or her duty: (1) To serve as chief executive officer of the department with full administrative authority to direct all its activities; (2) To organize the department as he or she may deem necessary to carry out the work and responsibilities of the department effectively; (3) To designate and establish such transportation district, region, or branch offices as may be necessary or convenient, and to appoint assistants and delegate any powers, duties, and functions to them or any officer or employee of the department as deemed necessary to administer the department efficiently; (4) To direct and coordinate the programs of the various divisions of the department to assure that they achieve the greatest possible mutual benefit, produce a balanced overall effort, and eliminate unnecessary duplication of activity; (5) To adopt all department rules that are subject to the adoption procedures contained in the state administrative procedure act, except rules subject to adoption by the commission pursuant to statute; (6) To maintain and safeguard the official records of the department, including the commission's recorded resolutions and orders; (7) To provide, under contract or interagency agreement, staff support to the commission, including long-term technical and administrative support as needed, to assist it in carrying out its functions, powers, and duties; (8) To execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation; (9) To advise the governor and the legislature with respect to matters under the jurisdiction of the department; and (10) To exercise all other powers and perform all other duties as are now or hereafter provided by law. [ 2006 c 334 s 6; 2005 c 319 s 7. Prior: 1987 c 505 s 48; 1987 c 179 s 1; 1983 1st ex.s. c 53 s 30; 1977 ex.s. c 151 s 10.] NOTES: Effective date— RCW 47.01.131 Continuation of state services to department. All state officials required to maintain contact with or provide services for any of the departments or agencies whose functions are transferred by RCW 47.01.031 shall continue to perform such services for the department of transportation unless otherwise directed by this title. [ 1977 ex.s. c 151 s 18.] RCW 47.01.170 Right of entry. The department or its duly authorized and acting assistants, agents, or appointees have the right to enter upon any land, real estate, or premises in this state, whether public or private, for purposes of making examinations, locations, surveys, and appraisals for highway purposes. The making of any such entry for those purposes does not constitute any trespass by the department or by its duly authorized and acting assistants, agents, or appointees. [ 1984 c 7 s 77; 1961 c 13 s 47.01.170. Prior: 1945 c 176 s 1; Rem. Supp. 1945 s 6400-3f. Formerly RCW 43.27.030.] RCW 47.01.180 Roads and bridges in state parks. The department is authorized at the request of, and upon plans approved by the state parks and recreation commission, to construct and maintain vehicular roads, highways, and bridges within the limits of the several state parks. [ 1984 c 7 s 78; 1961 c 13 s 47.01.180. Prior: 1943 c 253 s 1; Rem. Supp. 1943 s 6402-35. Formerly RCW 43.27.040.] RCW 47.01.190 State aid engineer. The secretary shall appoint, with the approval of the governor, a qualified assistant to be designated as "state aid engineer" whose duties shall consist of the administration of the program of state aid in the matter of county roads and city streets. [ 1984 c 7 s 79; 1961 c 13 s 47.01.190. Prior: 1949 c 220 s 2; Rem. Supp. 1949 s 4600-3g. Formerly RCW 43.27.050.] RCW 47.01.210 Contract without bid or bond with public utilities and municipal corporations. It is lawful for the department to contract without advertising or bid, or performance bond, with any public utility, whether publicly or privately operated, or with any municipal corporation or political subdivision of the state, for the performance of any work or the furnishing of any service of a type ordinarily performed or furnished by such utility, or by such municipal corporation or political subdivision, whenever, in the opinion of the department, the interest of the public will be best served. [ 1984 c 7 s 80; 1961 c 13 s 47.01.210. Prior: 1955 c 84 s 1; 1953 c 100 s 1. Formerly RCW 43.27.105.] RCW 47.01.240 Coordination of long-range needs studies. The department and the transportation improvement board shall coordinate their activities relative to long-range needs studies, in accordance with the provisions of chapter 47.05 RCW and RCW 47.26.170, respectively, in order that long-range needs data may be developed and maintained on an integrated and comparable basis. Needs data for county roads and city streets in nonurban areas shall be provided by the counties and cities to the department in such form and extent as requested by the department, after consultation with the county road administration board and the association of Washington cities, in order that needs data may be obtained on a comparable basis for all highways, roads, and streets in Washington. [ 1988 c 167 s 12; 1984 c 7 s 82; 1971 ex.s. c 195 s 10.] NOTES: Savings— RCW 47.01.250 Consultation with designated state officials. The chief of the Washington state patrol, the director of the traffic safety commission, the executive director of the county road administration board, and the director of licensing are designated as official consultants to the transportation commission so that the goals and activities of their respective agencies which relate to transportation are fully coordinated with other related responsibilities of the department of transportation. In this capacity, the chief of the Washington state patrol, the director of the traffic safety commission, the executive director of the county road administration board, and the director of licensing shall consult with the transportation commission and the secretary of transportation on the implications and impacts on the transportation related functions and duties of their respective agencies of any proposed comprehensive transportation plan, program, or policy. In order to develop fully integrated, balanced, and coordinated transportation plans, programs, and budgets the chief of the Washington state patrol, the director of the traffic safety commission, the executive director of the county road administration board, and the director of licensing shall consult with the secretary of transportation on the matter of relative priorities during the development of their respective agencies' plans, programs, and budgets as they pertain to transportation activities. [ 1998 c 245 s 92; 1990 c 266 s 5; 1979 c 158 s 204; 1977 ex.s. c 151 s 26.] NOTES: Identification of environmental costs of transportation projects— RCW 47.01.260 Authority of department. (1) The department of transportation shall exercise all the powers and perform all the duties necessary, convenient, or incidental to the planning, locating, designing, constructing, improving, repairing, operating, and maintaining state highways, including bridges and other structures, culverts, and drainage facilities and channel changes necessary for the protection of state highways, and shall examine and allow or disallow bills, subject to the provisions of RCW 85.07.170, for any work or services performed or materials, equipment, or supplies furnished. (2) Subject to the limitations of RCW 4.24.115, the department, in the exercise of any of its powers, may include in any authorized contract a provision for indemnifying the other contracting party against specific loss or damages arising out of the performance of the contract. (3) The department is authorized to acquire property as provided by law and to construct and maintain thereon any buildings or structures necessary or convenient for the planning, design, construction, operation, maintenance, and administration of the state highway system and to acquire property and to construct and maintain any buildings, structures, appurtenances, and facilities necessary or convenient to the health and safety and for the accommodation of persons traveling upon state highways. (4) The department is authorized to engage in planning surveys and may collect, compile, and analyze statistics and other data relative to existing and future highways and highway needs throughout the state, and shall conduct research, investigations, and testing as it deems necessary to improve the methods of construction and maintenance of highways and bridges. [ 2006 c 368 s 2; 1983 c 29 s 1; 1979 ex.s. c 58 s 1.] RCW 47.01.270 Radioactive or hazardous cargo, notice of prohibition. The department of transportation shall adopt regulations to establish procedures for giving notice to transporters of placarded radioactive or hazardous cargo of times when transportation of such cargo is prohibited. [ 1983 c 205 s 2.] NOTES: Transportation of radioactive or hazardous cargo, prohibited, when: RCW 47.48.050. RCW 47.01.280 Application for improvements to existing highways. (1) Upon receiving an application for improvements to an existing state highway or highways pursuant to RCW 43.160.074 from the community economic revitalization board, the department shall, in a timely manner, determine whether or not the proposed state highway improvements: (a) Meet the safety and design criteria of the department of transportation; (b) Will impair the operational integrity of the existing highway system; and (c) Will affect any other improvements planned by the department. (2) Upon completion of its determination of the factors contained in subsection (1) of this section and any other factors it deems pertinent, the department shall forward its approval, as submitted or amended or disapproval of the proposed improvements to the board, along with any recommendation it may wish to make concerning the desirability and feasibility of the proposed development. If the department disapproves any proposed improvements, it shall specify its reasons for disapproval. (3) Upon notification from the board of an application's approval pursuant to RCW 43.160.074, the department shall carry out the improvements in coordination with the applicant. [ 2006 c 334 s 7; 2005 c 319 s 121; 1999 c 94 s 10; 1985 c 433 s 6.] NOTES: Effective date— RCW 47.01.290 Environmental review of transportation projects. The legislature recognizes that environmental review of transportation projects is a continuous process that should begin at the earliest stages of planning and continue through final project construction. Early and extensive involvement of the relevant environmental regulatory authorities is critical in order to avoid significant changes in substantially completed project design and engineering. It is the expectation of the legislature that if a comprehensive environmental approach is integrated throughout various transportation processes, onerous, duplicative, and time-consuming permit processes will be minimized. [ 1994 c 258 s 3; 1993 c 55 s 1.] NOTES: Captions not law— RCW 47.01.300 Environmental review of transportation projects—Cooperation with other environmental regulatory authorities. The department shall, in cooperation with environmental regulatory authorities: (1) Identify and document environmental resources in the development of the statewide multimodal plan under RCW 47.06.040; (2) Allow for public comment regarding changes to the criteria used for prioritizing projects under chapter 47.05 RCW before final adoption of the changes by the commission; (3) Use an environmental review as part of the project prospectus identifying potential environmental impacts, mitigation, the utilization of the mitigation option available in RCW 90.74.040, and costs during the early project identification and selection phase, submit the prospectus to the relevant environmental regulatory authorities, and maintain a record of comments and proposed revisions received from the authorities; (4) Actively work with the relevant environmental regulatory authorities during the design alternative analysis process and seek written concurrence from the authorities that they agree with the preferred design alternative selected; (5) Develop a uniform methodology, in consultation with relevant environmental regulatory authorities, for submitting plans and specifications detailing project elements that impact environmental resources, and proposed mitigation measures including the mitigation option available in RCW 90.74.040, to the relevant environmental regulatory authorities during the preliminary specifications and engineering phase of project development; (6) Screen construction projects to determine which projects will require complex or multiple permits. The permitting authorities shall develop methods for initiating review of the permit applications for the projects before the final design of the projects; (7) Conduct special prebid meetings for those projects that are environmentally complex; and (8) Review environmental considerations related to particular projects during the preconstruction meeting held with the contractor who is awarded the bid. [ 2012 c 62 s 1; 1994 c 258 s 4.] NOTES: Captions not law— RCW 47.01.305 Environmental mitigation in highway construction projects—Public lands first or other sites that avoid loss of long-term, commercially significant agricultural lands. (1) For highway construction projects where the department considers agricultural lands of long-term commercial significance, as defined in RCW 36.70A.030, in reviewing and selecting sites to meet environmental mitigation requirements under the national environmental policy act (42 U.S.C. Sec. 4321 et seq.) and chapter 43.21C RCW, the department shall, to the greatest extent possible, consider using public land first. (2) If public lands are not available that meet the required environmental mitigation needs, the department may use other sites while making every effort to avoid any net loss of agricultural lands that have a designation of long-term commercial significance. [ 2009 c 471 s 1.] RCW 47.01.315 Work group on review processes under state and national environmental policy acts for state highway projects—Report. The department shall coordinate a state agency work group in 2016 that will identify issues, laws, and regulations relevant to consolidating and coordinating the review processes under the national environmental policy act, 42 U.S.C. Sec. 4321 et seq. and chapter 43.21C RCW to streamline the review of and avoid delays to projects on state highways as defined in RCW 46.04.560. The department must report the work group's findings to the joint transportation committee in compliance with RCW 43.01.036 by December 31, 2016. State agencies in the work group must include the department, the department of ecology, and any other relevant agencies. The report must include: An inventory of federal and state environmental regulatory authority; a discussion of the issues pertaining to the current process and timelines used by state and federal agencies for reviewing projects on state highways as defined in RCW 46.04.560; and recommendations for legislation or rules that would reduce delays and time associated with review by state and federal agencies, including suggestions for new categorical exemptions. [ 2015 3rd sp.s. c 15 s 6.] NOTES: Effective date— RCW 47.01.330 Office of transit mobility. (1) The secretary shall establish an office of transit mobility. The purpose of the office is to facilitate the integration of decentralized public transportation services with the state transportation system. The goals of the office of transit mobility are: (a) To facilitate connection and coordination of transit services and planning; and (b) maximizing opportunities to use public transportation to improve the efficiency of transportation corridors. (2) The duties of the office include, but are not limited to, the following: (a) Developing a statewide strategic plan that creates common goals for transit agencies and reduces competing plans for cross-jurisdictional service; (b) Developing a park and ride lot program; (c) Encouraging long-range transit planning; (d) Providing public transportation expertise to improve linkages between regional transportation planning organizations and transit agencies; (e) Strengthening policies for inclusion of transit and transportation demand management strategies in route development, corridor plan standards, and budget proposals; (f) Recommending best practices to integrate transit and demand management strategies with regional and local land use plans in order to reduce traffic and improve mobility and access; (g) Producing recommendations for the public transportation section of the Washington transportation plan; and (h) Participating in all aspects of corridor planning, including freight planning, ferry system planning, and passenger rail planning. (3) In forming the office, the secretary shall use existing resources to the greatest extent possible. (4) The office of transit mobility shall establish measurable performance objectives for evaluating the success of its initiatives and progress toward accomplishing the overall goals of the office. (5) The office of transit mobility must report quarterly to the secretary, and annually to the transportation committees of the legislature, on the progress of the office in meeting the goals and duties provided in this section. [ 2005 c 318 s 2.] NOTES: Findings— RCW 47.01.340 Local and regional transportation goals. Local and regional transportation agencies shall adopt common transportation goals. The office of transit mobility shall review local and regional transportation plans, including plans required under RCW 35.58.2795, 36.70A.070(6), 36.70A.210, and 47.80.023, to provide for the efficient integration of multimodal and multijurisdictional transportation planning. [ 2005 c 318 s 3.] NOTES: Findings— RCW 47.01.380 State route No. 520 improvements—Exceptions. The department shall not commence construction on any part of the state route number 520 bridge replacement and HOV project until a record of decision has been reached providing reasonable assurance that project impacts will be avoided, minimized, or mitigated as much as practicable to protect against further adverse impacts on neighborhood environmental quality as a result of repairs and improvements made to the state route number 520 bridge and its connecting roadways, and that any such impacts will be addressed through engineering design choices, mitigation measures, or a combination of both. The requirements of this section shall not apply to off-site pontoon construction supporting the state route number 520 bridge replacement and HOV project. The requirements of this section shall not apply during the 2009-2011 and 2011-2013 fiscal biennia. [ 2011 c 367 s 708; 2009 c 470 s 705; 2006 c 311 s 26.] NOTES: Effective date— RCW 47.01.390 Alaskan Way viaduct, Seattle Seawall, and state route No. 520 improvements—Requirements—Exceptions. (1) Prior to commencing construction on either project, the department of transportation must complete all of the following requirements for both the Alaskan Way viaduct and Seattle Seawall replacement project, and the state route number 520 bridge replacement and HOV project: (a) In accordance with the national environmental policy act, the department must designate the preferred alternative, prepare a substantial project mitigation plan, and complete a comprehensive cost estimate review using the department's cost estimate validation process, for each project; (b) in accordance with all applicable federal highway administration planning and project management requirements, the department must prepare a project finance plan for each project that clearly identifies secured and anticipated fund sources, cash flow timing requirements, and project staging and phasing plans if applicable; and (c) the department must report these results for each project to the joint transportation committee. (2) The requirements of this section shall not apply to (a) utility relocation work, and related activities, on the Alaskan Way viaduct and Seattle Seawall replacement project and (b) off-site pontoon construction supporting the state route number 520 bridge replacement and HOV project. (3) The requirements of subsection (1) of this section shall not apply during the 2007-2009 fiscal biennium. (4) The requirements of subsection (1) of this section shall not apply during the 2009-2011 fiscal biennium. [ 2009 c 470 s 706; 2007 c 518 s 705; 2006 c 311 s 27.] NOTES: Effective date— RCW 47.01.402 Alaskan Way viaduct replacement project—Deep bore tunnel option—Funding, accountability, and responsibility. (1) The legislature finds that the replacement of the vulnerable state route number 99 Alaskan Way viaduct is a matter of urgency for the safety of Washington's traveling public and the needs of the transportation system in central Puget Sound. The state route number 99 Alaskan Way viaduct is susceptible to damage, closure, or catastrophic failure from earthquakes and tsunamis. Additionally, the viaduct serves as a vital route for freight and passenger vehicles through downtown Seattle. Since 2001, the department has undertaken an extensive evaluation of multiple options to replace the Alaskan Way viaduct, including an initial evaluation of seventy-six conceptual alternatives and a more detailed analysis of five alternatives in 2004. In addition to a substantial technical review, the department has also undertaken considerable public outreach, which included consultation with a stakeholder advisory committee that met sixteen times over a thirteen-month period. Therefore, it is the conclusion of the legislature that time is of the essence, and that Washington state cannot wait for a disaster to make it fully appreciate the urgency of the need to replace this vulnerable structure. The state shall take the necessary steps to expedite the environmental review and design processes to replace the Alaskan Way viaduct with a deep bore tunnel under First Avenue from the vicinity of the sports stadiums in Seattle to Aurora Avenue north of the Battery Street tunnel. The tunnel must include four general purpose lanes in a stacked formation. (2) The state route number 99 Alaskan Way viaduct replacement project finance plan must include state funding not to exceed two billion four hundred million dollars and must also include no more than four hundred million dollars in toll revenue. These funds must be used solely to build a replacement tunnel, as described in subsection (1) of this section, and to remove the existing state route number 99 Alaskan Way viaduct. All costs associated with city utility relocations for state work as described in this section must be borne by the city of Seattle and provided in a manner that meets project construction schedule requirements as determined by the department. State funding is not authorized for any utility relocation costs, or for central seawall or waterfront promenade improvements. (3) The department shall provide updated cost estimates for construction of the bored tunnel and also for the full Alaskan Way viaduct replacement project to the legislature and governor by January 1, 2010. The department must also consult with independent tunnel engineering experts to review the estimates and risk assumptions. The department shall not enter into a design-build contract for construction of the bored tunnel until the report in this section has been submitted. (4) Any contract the department enters into related to construction of the deep bored tunnel must include incentives and penalties to encourage on-time completion of the project and to minimize the potential for cost overruns. (5) It is important that the public and policymakers have accurate and timely access to information related to the Alaskan Way viaduct replacement project as it proceeds to, and during, construction of all aspects of the project, specifically including but not limited to information regarding costs, schedules, contracts, project status, and neighborhood impacts. Therefore it is the intent of the legislature that the state, city, and county departments of transportation establish a single source of accountability for integration, coordination, tracking, and information of all requisite components of the replacement project, which must include, at minimum: (a) A master schedule of all subprojects included in the full replacement project or program; and (b) A single point of contact for the public, media, stakeholders, and other interested parties. (6)(a) The city and county departments of transportation shall be responsible for the cost, delivery, and associated risks of the project components for which each department is responsible, as outlined in the January 13, 2009, letter of agreement signed by the governor, city, and county. (b) The state's contribution shall not exceed two billion four hundred million dollars. If costs exceed two billion four hundred million dollars, no more than four hundred million [dollars] of the additional costs shall be financed with toll revenue. Any costs in excess of two billion eight hundred million dollars shall be borne by property owners in the Seattle area who benefit from replacement of the existing viaduct with the deep bore tunnel. (7) Compression brakes may be used by authorized motor vehicles in the deep bore tunnel in a manner consistent with the requirements of RCW 46.37.395. [ 2009 c 458 s 1.] NOTES: Alaskan Way viaduct replacement project— RCW 47.01.408 State route No. 520 improvements—Design requirements. (1) The state route number 520 bridge replacement and HOV project shall be designed to provide six total lanes, with two lanes that are for transit and high occupancy vehicle travel, and four general purpose lanes. (2) The state route number 520 bridge replacement and HOV project shall be designed to accommodate effective connections for transit, including high capacity transit, to the light rail station at the University of Washington. [ 2008 c 270 s 2.] NOTES: Finding— RCW 47.01.412 State route No. 520 improvements—Tax deferrals—Definition. (1)(a) Any person involved in the construction of the state route number 520 bridge replacement and HOV project may apply for deferral of state and local sales and use taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment that will become a part of, and the rental of equipment for use in, the project. (b) Application shall be made to the department of revenue in a form and manner prescribed by the department of revenue. The application must contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within 60 days if it meets the requirements of this section. (2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes imposed or authorized under chapters 82.08, 82.12, and 82.14 RCW and RCW 81.104.170 on the project. (3) A person granted a tax deferral under this section shall complete paying the deferred taxes by June 30, 2026. It is the intent of the legislature that any nontoll accounts used to pay the deferred sales and use taxes will be reimbursed by toll revenues no later than December 31, 2050, which reflects prior legislative intent regarding the use of toll revenues for this purpose. (4) The department of revenue may authorize an accelerated repayment schedule upon request of a person granted a deferral under this section. (5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of any private entity granted a deferral under this section. (6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section. (7) For purposes of this section, "person" has the same meaning as in RCW 82.04.030 and also includes the department of transportation. [ 2025 c 418 s 6; 2022 c 144 s 1; 2008 c 270 s 7.] NOTES: Application of RCW 82.32.805 and 82.32.808— RCW 47.01.415 State route No. 520 improvements—Finance plan. The state route number 520 bridge replacement and HOV project finance plan must include state funding, federal funding, at least one billion dollars in regional contributions, and revenue from tolling. The department must provide a proposed finance plan to be tied to the estimated cost of the recommended project solutions, as provided under *RCW 47.01.406, to the governor and the joint transportation committee by January 1, 2008. [ 2007 c 517 s 7.] NOTES: *Reviser's note: RCW 47.01.417 State route No. 520 improvements—Finance plan—Revenue sources and savings recognition. The state route number 520 bridge replacement and HOV project finance plan must include: (1) Recognition of revenue sources that include: One billion seven hundred million dollars in state and federal funds allocated to the project; one billion five hundred million dollars to two billion dollars in tolling revenue, including early tolls that could begin in late 2009; eighty-five million dollars in federal urban partnership grant funds; and other contributions from private and other government sources; and (2) Recognition of savings to be realized from: (a) Potential early construction of traffic improvements from the eastern Lake Washington shoreline to 108th Avenue Northeast in Bellevue; (b) Early construction of a single string of pontoons to support two lanes that are for transit and high occupancy vehicle travel and four general purpose lanes; (c) Preconstruction tolling to reduce total financing costs; and (d) A deferral of the sales taxes paid on construction costs. [ 2008 c 270 s 3.] NOTES: Finding— RCW 47.01.419 State route No. 520 corridor improvements—West end project—Deferral of state and local sales and use taxes—Application—Tax deferral certificate—Repayment schedule—Interest. (1)(a) The department may apply for deferral of state and local sales and use taxes on the site preparation for, the construction of, the acquisition of any related machinery and equipment that will become a part of, and the rental of equipment for use in, the state route number 520 corridor improvements - west end project. (b) The application must be made to the department of revenue in a form and manner prescribed by the department of revenue. The application must contain information regarding estimated or actual costs, time schedules for completion and operation, and other information required by the department of revenue. The department of revenue shall approve the application within 60 days if it meets the requirements of this section. (2) The department of revenue shall issue a sales and use tax deferral certificate for state and local sales and use taxes imposed or authorized under chapters 82.08, 82.12, and 82.14 RCW and RCW 81.104.170 on the project. No new deferral certificates may be issued once the project is operationally complete as described in subsection (3) of this section. (3) If the department is granted a tax deferral under this section, the department must begin paying the deferred taxes in the 24th year after the date certified by the department of revenue as the date on which the project is operationally complete. The project, which completes corridor improvements between Interstate 5 and the west high rise, is operationally complete under this section when the department notifies the department of revenue in writing that all projects qualifying for a deferral under this section are operationally complete. The first payment is due on December 31st of the 24th calendar year after the certified date, with subsequent annual payments due on December 31st of the following nine years. Each payment shall equal 10 percent of the deferred tax. (4) The department of revenue may authorize an accelerated repayment schedule upon request of the department granted a deferral under this section. (5) Interest shall not be charged on any taxes deferred under this section for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this section. The debt for deferred taxes is not extinguished by insolvency or other failure of any private entity granted a deferral under this section. (6) Applications and any other information received by the department of revenue under this section are not confidential and are subject to disclosure. Chapter 82.32 RCW applies to the administration of this section. [ 2024 c 281 s 1.] NOTES: Applicability— RCW 47.01.420 Naming and renaming state transportation facilities. (1) The commission may name or rename state transportation facilities including, but not limited to: State highways; state highway bridges, structures, and facilities; state rest areas; and state roadside facilities, such as viewpoints. The commission must consult with the department before taking final action to name or rename a state transportation facility. (2)(a) The department, state and local governmental entities, citizen organizations, and any person may initiate the process to name or rename a state transportation facility. (b) For the commission to consider a naming or renaming proposal, the requesting entity or person must provide sufficient evidence, as determined by the commission, indicating community support and acceptance of the proposal. Evidence may include the following: (i) Letters of support from state and federal legislators representing the impacted area encompassing the state transportation facility; (ii) Resolutions passed by local, publicly elected bodies in the impacted area encompassing the state transportation facility; (iii) Department support; or (iv) Supportive actions by or letters from local organizations including, but not limited to, local chambers of commerce and service clubs. (3) After the commission takes final action in naming or renaming a state transportation facility, the department shall design and install the appropriate signs in accordance with state and federal standards. [ 2007 c 33 s 1.] RCW 47.01.425 Jurisdictional transfers. The legislature recognizes the need for a multijurisdictional body to review future requests for jurisdictional transfers. The commission shall receive petitions from cities, counties, or the state requesting any addition or deletion from the state highway system. The commission must utilize the criteria established in RCW 47.17.001 in evaluating petitions and to adopt rules for implementation of this process. The commission shall forward to the senate and house transportation committees by November 15th each year any recommended jurisdictional transfers. [ 2009 c 260 s 1; 2005 c 319 s 130; 1991 c 342 s 62. Formerly RCW 47.26.167.] NOTES: Findings— RCW 47.01.430 Wounded combat veterans internship program. Subject to the availability of amounts appropriated for this specific purpose, the department shall establish an internship program for returning wounded combat veterans. The purpose of the program is to assist returning wounded combat veterans by matching them with jobs within the department that require their military skill sets and would be of benefit to the department, or that would teach them new skills. The jobs may include, but are not limited to, the following classifications: Engineering; construction trades; logistics; and project planning. The emphasis of the program should be to assist veterans who served in southern or central Asia, Operation Enduring Freedom; and the Persian Gulf, Operation Iraqi Freedom. This program may assist with the placement of wounded combat veterans as apprentices under RCW 39.04.320. The department may adopt rules under chapter 34.05 RCW to implement the requirements of this section. For the purposes of this section, "veteran" has the same meaning as in RCW 41.04.005. [ 2007 c 92 s 1.] RCW 47.01.435 Highway construction workforce development—Reports. (1) The department shall expend federal funds received by the department, and funds that may be available to the department, under 23 U.S.C. Sec. 140(b) to increase diversity in the highway construction workforce and prepare individuals interested in entering the highway construction workforce by conducting activities in subsections (4) and (5) of this section. (2) The requirements contained in subsection (1) of this section do not apply to or reduce the federal funds that would be otherwise allocated to local government agencies. (3) The department shall, in coordination with the department of labor and industries, expend moneys for apprenticeship preparation and support services, including providing grants to local Indian tribes, churches, nonprofits, and other organizations. The department shall, to the greatest extent practicable, expend moneys from sources other than those specified in subsection (1) of this section for the activities in this subsection and subsections (4) and (5) of this section. (4) The department shall coordinate with the department of labor and industries to provide any portion of the following services: (a) Preapprenticeship programs approved by the apprenticeship and training council; (b) Preemployment counseling; (c) Orientations on the highway construction industry, including outreach to women, minorities, and other disadvantaged individuals; (d) Basic skills improvement classes; (e) Career counseling; (f) Remedial training; (g) Entry requirements for training programs; (h) Supportive services and assistance with transportation; (i) Child care and special needs; (j) Jobsite mentoring and retention services; (k) Assistance with tools, protective clothing, and other related support for employment costs; and (l) The recruitment of women and persons of color to participate in the apprenticeship program at the department. (5) The department must actively engage with communities with populations that are underrepresented in current transportation apprenticeship programs. (6) The department, in coordination with the department of labor and industries, shall submit a report to the transportation committees of the legislature by December 1st of each year beginning in 2012. The report must contain: (a) An analysis of the results of the activities in subsections (4) and (5) of this section; (b) The amount available to the department from federal funds for the activities in subsections (4) and (5) of this section and the amount expended for those activities; and (c) The performance outcomes achieved from each activity, including the number of persons receiving services, training, and employment. (7) By December 31, 2020, the department must report to the legislature on the results of how the department's efforts to actively engage with communities with populations that are underrepresented in current transportation apprenticeship programs have resulted in an increased participation of underrepresented groups in the department's apprenticeship program over a five-year period. [ 2015 c 164 s 1; 2012 c 66 s 1.] RCW 47.01.440 Adoption of statewide goals to reduce annual per capita vehicle miles traveled by 2050—Department's duties—Reports to the legislature. (1) To support the implementation of RCW 47.04.280 and 47.01.078(4), the department shall adopt broad statewide goals to reduce annual per capita vehicle miles traveled by 2050 consistent with the stated goals of executive order 07-02. Consistent with these goals, the department shall: (a) Establish the following benchmarks using a statewide baseline of seventy-five billion vehicle miles traveled less the vehicle miles traveled attributable to vehicles licensed under RCW 46.16A.455 and weighing ten thousand pounds or more, which are exempt from this section: (i) Decrease the annual per capita vehicle miles traveled by eighteen percent by 2020; (ii) Decrease the annual per capita vehicle miles traveled by thirty percent by 2035; and (iii) Decrease the annual per capita vehicle miles traveled by fifty percent by 2050; (b) By July 1, 2008, establish and convene a collaborative process to develop a set of tools and best practices to assist state, regional, and local entities in making progress towards the benchmarks established in (a) of this subsection. The collaborative process must provide an opportunity for public review and comment and must: (i) Be jointly facilitated by the department, the department of ecology, and the department of commerce; (ii) Provide for participation from regional transportation planning organizations, the Washington state transit association, the Puget Sound clean air agency, a statewide business organization representing the sale of motor vehicles, at least one major private employer that participates in the commute trip reduction program, and other interested parties, including but not limited to parties representing diverse perspectives on issues relating to growth, development, and transportation; (iii) Identify current strategies to reduce vehicle miles traveled in the state as well as successful strategies in other jurisdictions that may be applicable in the state; (iv) Identify potential new revenue options for local and regional governments to authorize to finance vehicle miles traveled reduction efforts; (v) Provide for the development of measurement tools that can, with a high level of confidence, measure annual progress toward the benchmarks at the local, regional, and state levels, measure the effects of strategies implemented to reduce vehicle miles traveled and adequately distinguish between common travel purposes, such as moving freight or commuting to work, and measure trends of vehicle miles traveled per capita on a five-year basis; (vi) Establish a process for the department to periodically evaluate