Bill Summary – FastDemocracy

     H-0133.1
                                HOUSE BILL 1008
     State of Washington       69th Legislature       2025 Regular Session
     By Representative Low
     Prefiled 12/03/24.
      AN ACT Relating to improving county local roads by creating a new
  county local road program; adding a new chapter to Title 36 RCW;
  providing an effective date; and declaring an emergency.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.    Sec. 1.    The definitions in this section apply
 throughout   this  chapter   unless  the   context  clearly   requires
 otherwise.
     (1) "Board" means the county road administration board created in
 RCW 36.78.030.
     (2) "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.
     (3) "County local road project" means improvement projects on
 those county roads not federally classified as an arterial or
 collector.
     (4) "LAG manual" means the Washington state department of
 transportation's local agency guidelines manual or its successor
 document.
     (5) "Overburdened community" is as defined in RCW 70A.02.010.
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     (6) "Pedestrian facility" is a facility designed to meet the
 needs of pedestrians in accordance with county and Americans with
 disabilities act requirements.
     NEW SECTION. Sec. 2. There is created in the motor vehicle fund
 the county local road trust account. All moneys deposited in the
 motor vehicle fund to be credited to the county local road trust
 account must be expended for (1) the preservation and improvement of
 county local roads and (2) those expenses of the board associated
 with the administration of the county road local access preservation
 program. The account is subject to allotment procedures under chapter
 43.88 RCW, and an appropriation is required for expenditures.
    NEW SECTION.   Sec. 3.   The board shall:
     (1) Adopt rules necessary to implement the provisions of this
 chapter relating to the allocation of funds in the county local road
 trust account to counties; and
     (2) Include a program status report in the board's annual report
 to the legislature as provided in RCW 36.78.070.
     NEW SECTION. Sec. 4. (1) The board shall adopt rules to select
 projects taking into consideration, at a minimum, the following
 criteria:
     (a) Investment in overburdened communities;
     (b) Environmental health disparities as identified in the
 environmental health disparities map specified in RCW 43.70.815;
     (c) Location on or providing direct access to a federally
 recognized Indian reservation;
     (d) Sustaining the structural, safety, and operational integrity
 of the road;
     (e) Vehicle and pedestrian collision experience;
     (f) Access improvements to a community facility; and
     (g) Identified need in a state, regional, county, or community
 plan.
     (2) Proposed projects must be included in the respective county's
 six-year program as provided in RCW 36.81.121 before board approval
 of the project.
     NEW SECTION.   Sec. 5.   The following project types are allowed
 under the county local road program created in this chapter:
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      (1) 2-R as defined in the LAG manual;
      (2) 3-R as defined in the LAG manual;
      (3) Reconstruction as defined in the LAG manual;
      (4) Replacement of any bridge on the national bridge inventory;
      (5) Removal of human-made or caused impediments to anadromous
  fish passage;
      (6) Pedestrian facilities.
     NEW SECTION.    Sec. 6.   Whenever a proposed county local road
 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
 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.
     NEW SECTION.   Sec. 7.   Counties receiving funds from the county
 local road trust account shall provide such matching funds as
 established by rules adopted by the board. Matching requirements must
 be established after appropriate studies by the board, taking into
 account financial resources available to counties.
     NEW SECTION.    Sec. 8.   (1) After December 31, 2025, counties
 which divert any portion of the county road levy as authorized by RCW
 36.33.220 are not eligible to receive funds from the county local
 road trust account. Counties under 8,000 in population are exempt
 from this eligibility restriction.
     (2) The board shall authorize county local road trust account
 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
 county local road trust account 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.
     (3) The board may, within the constraints of available county
 local road trust account funds, consider additional projects for
 authorization upon a clear and conclusive showing by the submitting
 county that the proposed project is of an emergent nature and that
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  its need was unable to be anticipated at the time the six-year
  program of the county was developed. The proposed projects must be
  evaluated on the basis of the priority rating factors specified in
  section 4 of this act.
     NEW SECTION. Sec. 9. (1) Whenever the board approves a county
 local road project it shall determine the amount of county local road
 trust account 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 trust account 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:
     (a) The financial effect of increasing the original allocation
 for the project upon other county local road projects either approved
 or requested;
     (b) Whether the project for which an additional allocation is
 requested can be reduced in scope while retaining a usable segment;
     (c) Whether the original cost of the project shown in the
 applicant's original submittal was based upon reasonable engineering
 estimates; and
     (d) Whether the requested additional allocation is to pay for an
 expansion in the scope of work originally approved.
     (2) The board shall not allocate funds, nor make payments under
 RCW 36.79.120, to any county identified by the governor under RCW
 36.70A.340.
     NEW SECTION. Sec. 10. This act is necessary for the immediate
 preservation of the public peace, health, or safety, or support of
 the state government and its existing public institutions, and takes
 effect July 1, 2025.
     NEW SECTION.    Sec. 11.    Sections 1   through   10   of   this   act
 constitute a new chapter in Title 36 RCW.
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