Bill Summary – FastDemocracy

H-0992.1
                           SUBSTITUTE HOUSE BILL 1304
     State of Washington         67th Legislature       2021 Regular Session
     By House Local Government (originally sponsored by Representatives
     Hackney, Berry, Fitzgibbon, Chopp, Macri, Bergquist, and Pollet)
     READ FIRST TIME 02/15/21.
      AN ACT Relating to grade-separated transportation; amending RCW
  35.95A.010,    35.95A.020,   35.95A.030,   35.95A.050,  35.95A.060,
  35.95A.070, 35.95A.080, 35.95A.110, 35.95A.120, and 35.95A.140; and
  adding new sections to chapter 35.95A RCW.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 35.95A.010 and 2002 c 248 s 1 are each amended to
 read as follows:
     The definitions in this section apply throughout this chapter
 unless the context clearly requires otherwise.
     (1) "Affordable housing" means long-term housing for persons,
 families, or unrelated persons living together whose adjusted income
 is at or below 60 percent of the median income, adjusted for
 household size, for the county where the housing is located.
     (2) "Authority" means a city transportation authority created
 pursuant to chapter 248, Laws of 2002.
     (((2))) (3) "Authority area" means the territory within a city as
 designated in the ordinance creating the authority.
     (((3))) (4) "Bonds" means bonds, notes, or other evidences of
 indebtedness.
     (((4))) (5) "Low-income" means household income set by the
 authority creating the rebate program that is at or below 75 percent
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 of the median household income, adjusted for household size, for the
 authority in which the taxes or fees were imposed.
     (6) "Public ((monorail)) grade-separated transportation function"
 means the transportation of passengers and their incidental baggage
 by means of public ((monorail)) grade-separated transportation
 facilities as authorized in this chapter.
     (((5))) (7) "Public ((monorail)) grade-separated transportation
 facilities" means a ((transportation system)) light, heavy, or rapid
 rail facility, monorail, inclined plane, funicular, trolley, or other
 fixed rail guideway component of a transportation system operating
 principally on exclusive rights-of-way that is not regulated by the
 federal railroad administration or its successor that utilizes train
 cars running on a guideway, together with the necessary passenger
 stations, terminals, parking facilities, related facilities, any
 lands, interest in land, or air rights over lands, or other
 properties, and facilities necessary and appropriate for passenger
 and vehicular access to and from people-moving systems((, not
 including fixed guideway light rail systems)). "Public grade-
 separated transportation facilities" does not mean elevators, moving
 sidewalks or stairs, and/or vehicles suspended from aerial cables,
 unless they are an integral component of a station served by public
 grade-separated transportation facilities; nor does it include
 facilities that are not public transportation, such as tourist
 services that are only accessible via private property, or other
 services not accessible to the general public.
     (((6))) (8) "Qualified elector" means any person registered to
 vote within the city boundaries.
     (9) "Qualified entity" means a local government, housing
 authority, or nonprofit developer.
     (10) "Rebate program" means an optional program established by a
 city transportation authority that includes a city with a population
 of 500,000 persons or more for the purpose of providing rebates to
 low-income individuals for taxes and/or fees imposed by such city
 transportation authority for: (a) Special excise taxes imposed under
 RCW 35.95A.080; and/or (b) vehicle license fees imposed under RCW
 35.95A.090.
     (11) "Transit-dependent" means a person that does not have
 personal transportation, no access to such transportation, or is
 unable to drive.
                                     p. 2                         SHB 1304
     Sec. 2.   RCW 35.95A.020 and 2002 c 248 s 2 are each amended to
 read as follows:
     (1) A city transportation authority to perform a public
 ((monorail)) grade-separated transportation function may be created
 in every city with a population greater than ((three hundred
 thousand)) 500,000 to perform a public ((monorail)) grade-separated
 transportation function. The authority shall embrace all the
 territory in the authority area. A city transportation authority is a
 municipal corporation, an independent taxing "authority" within the
 meaning of Article 7, section 1 of the state Constitution, and a
 "taxing district" within the meaning of Article 7, section 2 of the
 state Constitution.
     (2) Any city transportation authority and proposed taxes
 established pursuant to this chapter, either by ordinance or petition
 as provided in this chapter, must be approved by a majority vote of
 the electors residing within the proposed authority area voting at a
 regular or special election.
     Sec. 3.   RCW 35.95A.030 and 2002 c 248 s 3 are each amended to
 read as follows:
     (1) A city that undertakes to propose creation of an authority
 must propose the authority by ordinance of the city legislative body.
 The ordinance must:
     (a) Propose the authority area ((and the size and method of
 selection of the governing body of the authority, which governing
 body may be appointed or elected, provided that officers or employees
 of any single city government body may not compose a majority of the
 members of the authority's governing body)), which authority area may
 encompass the entire city or a portion thereof;
     (b) Propose whether all or a specified portion of the public
 ((monorail))   grade-separated   transportation   function  will   be
 exercised by the authority; and
     (c) Propose an initial array of taxes to be voted upon by the
 electors within the proposed authority area((; and
     (d) Provide for an interim governing body of the authority which
 will govern the authority upon voter approval of formation of the
 authority, until a permanent governing body is selected, but in no
 event longer than fourteen months)).
     (2) An authority may also be proposed to be created by a petition
 setting forth the matters described in subsection (1) of this
                                     p. 3                         SHB 1304
 section, and signed by one percent of the qualified electors of the
 proposed authority area.
     (3) Upon approval by the qualified electors of the formation of
 the city transportation authority and any proposed taxes, either by
 ordinance or by petition as provided in this chapter, the governing
 body of an authority((, or interim governing body, as applicable,))
 will adopt bylaws determining, among other things, the authority's
 officers and the method of their selection, and other matters the
 governing body deems appropriate.
     (4) Members of the legislative body governing the city in which
 the authority is proposed to be established, acting ex officio and
 independently, shall constitute the governing body of the authority.
     Sec. 4. RCW 35.95A.050 and 2020 c 274 s 16 are each amended to
 read as follows:
     Every authority has the following powers:
     (1) To acquire by purchase, condemnation, gift, or grant and to
 lease, construct, add to, improve, replace, repair, maintain,
 operate, and regulate the use of public ((monorail)) grade-separated
 transportation facilities, including passenger terminal and parking
 facilities and properties, and other facilities and properties as may
 be necessary for passenger and vehicular access to and from public
 ((monorail)) grade-separated transportation facilities, together with
 all lands, rights-of-way, and property within or outside the
 authority area, and together with equipment and accessories necessary
 or appropriate for these facilities, except that property, including
 but not limited to other types of public transportation facilities,
 that is owned by any city, county, county transportation authority,
 public   transportation    benefit   area,    metropolitan  municipal
 corporation, or regional transit authority may be acquired or used by
 an authority only with the consent of the public entity owning the
 property. The entities are authorized to convey or lease property to
 an authority or to contract for their joint use on terms fixed by
 agreement between the entity and the authority;
     (2) To fix rates, tolls, fares, and charges for the use of
 facilities and to establish various routes and classes of service.
 Rates, tolls, fares, or charges may be adjusted or eliminated for any
 distinguishable class of users including, but not limited to, senior
 citizens and persons with disabilities;
                                     p. 4                         SHB 1304
     (3) To contract with the United States or any of its agencies,
 any state or any of its agencies, any public transportation benefit
 district,   county   transportation   authority,   regional   transit
 authority, any metropolitan municipal corporation, and other country,
 city, other political subdivision or governmental instrumentality, or
 governmental agency, or any private person, firm, or corporation for
 ((the)): (a) The purpose of receiving any gifts or grants or securing
 loans or advances for preliminary planning and feasibility studies((,
 or for)); (b) the design, construction, operation, or maintenance of
 public ((monorail)) grade-separated transportation facilities ((as
 follows:
     (a) Notwithstanding the provisions of any law to the contrary,
 and in addition to any other authority provided by law, the governing
 body of a city transportation authority may contract with one or more
 vendors for the design, construction, operation, or maintenance, or
 other service related to the development of a monorail public
 transportation system including, but not limited to, monorail trains,
 operating systems and control equipment, guideways, and pylons,
 together with the necessary passenger stations, terminals, parking
 facilities, and other related facilities necessary and appropriate
 for passenger and vehicular access to and from the monorail train.
     (b) If the governing body of the city transportation authority
 decides to proceed with the consideration of qualifications or
 proposals for services from qualified vendors, the authority must
 publish notice of its requirements and request submission of
 qualifications statements or proposals. The notice must be published
 in the official newspaper of the city creating the authority at least
 once a week for two weeks, not less than sixty days before the final
 date for the submission of qualifications statements or proposals.
 The notice must state in summary form: (i) The general scope and
 nature of the design, construction, operation, maintenance, or other
 services being sought related to the development of the proposed
 monorail, tram, or trolley public transportation system; (ii) the
 name and address of a representative of the city transportation
 authority who can provide further details; (iii) the final date for
 the submission of qualifications statements or proposals; (iv) an
 estimated schedule for the consideration of qualifications statements
 or proposals, the selection of vendors, and the negotiation of a
 contract or contracts for services; (v) the location of which a copy
 of any requests for qualifications statements or requests for
                                     p. 5                         SHB 1304
 proposals will be made available; and (vi) the criteria established
 by the governing body of the authority to select a vendor or vendors,
 which may include, but is not limited to, the vendor's prior
 experience, including design, construction, operation, or maintenance
 of other similar public transportation facilities, respondent's
 management capabilities, proposed project schedule, availability and
 financial resources, costs of the services to be provided, nature of
 facility design proposed by the vendors, system reliability,
 performance standards required for the facilities, compatibility with
 existing public transportation facilities operated by the authority
 or any other public body or other providers of similar services to
 the public, project performance guarantees, penalties, and other
 enforcement provisions, environmental protection measures to be used
 by   the   vendor,   consistency   with   the   applicable   regional
 transportation plans, and the proposed allocation of project risks.
     (c) If the governing body of the city transportation authority
 decides   to  proceed   with  the   consideration   of  qualifications
 statements or proposals submitted by vendors, it may designate a
 representative to evaluate the vendors who submitted qualifications
 statements   or   proposals   and    conduct   discussions   regarding
 qualifications or proposals with one or more vendors. The governing
 body or its representative may request submission of qualifications
 statements and may later request more detailed proposals from one or
 more vendors who have submitted qualifications statements, or may
 request detailed proposals without having first received and
 evaluated qualifications statements. The governing body or its
 representative will evaluate the qualifications or proposals, as
 applicable. If two or more vendors submit qualifications or proposals
 that meet the criteria established by the governing body of the
 authority, discussions and interviews must be held with at least two
 vendors. Any revisions to a request for qualifications or request for
 proposals must be made available to all vendors then under
 consideration by the governing body of the authority and must be made
 available to any other person who has requested receipt of that
 information.
     (d) Based on the criteria established by the governing body of
 the authority, the representative will recommend to the governing
 body a vendor or vendors that are initially determined to be the best
 qualified to provide one or more of the design, construction,
                                     p. 6                         SHB 1304
 operation or maintenance, or other service related to the development
 of the proposed monorail public transportation system.
     (e) The governing body of the authority or its representative may
 attempt to negotiate a contract with the vendor or vendors selected
 for one or more of the design, construction, operation or
 maintenance, or other service related to the development of the
 proposed monorail public transportation system on terms that the
 governing body of the authority determines to be fair and reasonable
 and in the best interest of the authority. If the governing body, or
 its representative, is unable to negotiate a contract with any one or
 more of the vendors first selected on terms that it determines to be
 fair and reasonable and in the best interest of the authority,
 negotiations with any one or more of the vendors must be terminated
 or suspended and another qualified vendor or vendors may be selected
 in accordance with the procedures set forth in this section. If the
 governing body decides to continue the process of selection,
 negotiations will continue with a qualified vendor or vendors in
 accordance with this section at the sole discretion of the governing
 body of the authority until an agreement is reached with one or more
 qualified vendors, or the process is terminated by the governing
 body. The process may be repeated until an agreement is reached.
     (f) Prior to entering into a contract with a vendor, the
 governing body of the authority must make written findings, after
 holding a public hearing on the proposal, that it is in the public
 interest to enter into the contract, that the contract is financially
 sound, and that it is advantageous for the governing body of the
 authority to use this method for awarding contracts for one or more
 of the design, construction, or operation or maintenance of the
 proposed monorail public transportation system as compared to all
 other methods of awarding such contracts.
     (g) Each contract must include a project performance bond or
 bonds or other security by the vendor.
     (h) The provisions of chapters 39.12 and 39.19 RCW apply to a
 contract entered into under this section as if the public
 transportation systems and facilities were owned by a public body.
     (i) The vendor selection process permitted by this section is
 supplemental to and is not construed as a repeal of or limitation on
 any other authority granted by law.
     (j) Contracts for the construction of facilities, other than
 contracts for facilities to be provided by the selected vendor, with
                                     p. 7                         SHB 1304
 an estimated cost greater than two hundred thousand dollars must be
 awarded after a competitive bid process consistent with chapter 39.04
 RCW or awarded through an alternative public works contracting
 procedure consistent with chapter 39.10 RCW)); or (c) the pro