S-1830.1
SUBSTITUTE SENATE BILL 5743
State of Washington 68th Legislature 2023 Regular Session
By Senate Transportation (originally sponsored by Senators Liias and
Billig)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to making certain nonsubstantive, corrective
2 changes resulting from enactment of chapter 182, Laws of 2022
3 (transportation resources); amending RCW 81.104.170, 81.104.175,
4 47.04.380, 47.04.390, 46.68.480, 43.84.092, 43.84.092, 47.66.140, and
5 43.392.040; reenacting and amending RCW 47.04.010; adding a new
6 section to chapter 47.04 RCW; creating new sections; recodifying RCW
7 47.24.060; providing an effective date; and providing an expiration
8 date.
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 NEW SECTION. Sec. 1. During the regular legislative session of
11 2022, the legislature passed Engrossed Substitute Senate Bill No.
12 5974 (chapter 182, Laws of 2022), a significant transportation
13 resources bill intended to provide needed transportation funding
14 throughout the state. However, since the enactment of that act,
15 certain drafting errors and omissions were identified within the act
16 resulting in some provisions being enacted contrary to legislative
17 intent. Additionally, some corrective changes were identified that
18 would better conform certain provisions with original legislative
19 intent. Therefore, it is the intent of the legislature to simply
20 correct manifest drafting errors and omissions and adopt corrective
21 changes in order to conform certain provisions with the original
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1 legislative intent of Engrossed Substitute Senate Bill No. 5974
2 (chapter 182, Laws of 2022). It is not the intent of the legislature
3 to alter the intended substantive policy enacted in Engrossed
4 Substitute Senate Bill No. 5974 (chapter 182, Laws of 2022), but
5 rather to make certain nonsubstantive, corrective changes.
6 Sec. 2. RCW 81.104.170 and 2019 c 273 s 12 are each amended to
7 read as follows:
8 (1) Cities that operate transit systems, county transportation
9 authorities, metropolitan municipal corporations, public
10 transportation benefit areas, high capacity transportation corridor
11 areas, and regional transit authorities may submit an authorizing
12 proposition to the voters and if approved by a majority of persons
13 voting, fix and impose a sales and use tax in accordance with the
14 terms of this chapter, solely for the purpose of providing high
15 capacity transportation service.
16 (2) The tax authorized pursuant to this section is in addition to
17 the tax authorized by RCW 82.14.030 and must be collected from those
18 persons who are taxable by the state pursuant to chapters 82.08 and
19 82.12 RCW upon the occurrence of any taxable event within the taxing
20 district.
21 (a) Except for the tax imposed under (b) of this subsection by
22 regional transit authorities that include a county with a population
23 of more than ((one million five hundred thousand)) 1,500,000, the
24 maximum rate of such tax must be approved by the voters and may not
25 exceed one percent of the selling price (in the case of a sales tax)
26 or value of the article used (in the case of a use tax). The maximum
27 rate of such tax that may be imposed may not exceed nine-tenths of
28 one percent in any county that imposes a tax under RCW 82.14.340, or
29 within a regional transit authority if any county within the
30 authority imposes a tax under RCW 82.14.340.
31 (b) The maximum rate of such tax that may be imposed by a
32 regional transit authority that includes a county with a population
33 of more than ((one million five hundred thousand)) 1,500,000 must be
34 approved by the voters and may not exceed 1.4 percent. If a regional
35 transit authority imposes the tax authorized under this subsection
36 (2)(b) in excess of 0.9 percent, the authority may not receive any
37 state grant funds provided in an omnibus transportation
38 appropriations act except transit coordination grants created in
39 chapter 11, Laws of 2015 3rd sp. sess. and regional mobility grant
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 1 program funds. To be eligible to receive regional mobility grant
2 program funds, a regional transit authority must have adopted, at a
3 minimum, a zero-fare policy that allows passengers 18 years of age
4 and younger to ride free of charge on all modes provided by the
5 authority by October 1, 2022.
6 (3)(a) The exemptions in RCW 82.08.820 and 82.12.820 are for the
7 state portion of the sales and use tax and do not extend to the tax
8 authorized in this section.
9 (b) The exemptions in RCW 82.08.962 and 82.12.962 are for the
10 state and local sales and use taxes and include the tax authorized by
11 this section.
12 (c) The exemptions in RCW 82.14.532 are for the local sales and
13 use taxes and include the tax authorized by this section.
14 Sec. 3. RCW 81.104.175 and 2018 c 81 s 1 are each amended to
15 read as follows:
16 (1) A regional transit authority that includes a county with a
17 population of more than ((one million five hundred thousand))
18 1,500,000 may impose a regular property tax levy in an amount not to
19 exceed ((twenty-five)) 25 cents per ((thousand dollars)) $1,000 of
20 the assessed value of property in the regional transit authority
21 district in accordance with the terms of this section.
22 (2) Any tax imposed under this section must be used for the
23 purpose of providing high capacity transportation service, as set
24 forth in a proposition that is approved by a majority of the
25 registered voters that vote on the proposition.
26 (3) Property taxes imposed under this section may be imposed for
27 the period of time required to pay the cost to plan, design,
28 construct, operate, and maintain the transit facilities set forth in
29 the approved proposition. Property taxes pledged to repay bonds may
30 be imposed at the pledged amount until the bonds are retired. After
31 the bonds are retired, property taxes authorized under this section
32 must be:
33 (a) Reduced to the level required to operate and maintain the
34 regional transit authority's transit facilities; or
35 (b) Terminated, unless the taxes have been extended by public
36 vote.
37 (4) The limitations in RCW 84.52.043 do not apply to the tax
38 authorized in this section.
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 1 (5) The limitation in RCW 84.55.010 does not apply to the first
2 levy imposed under this section.
3 (6) If a regional transit authority imposes the tax authorized
4 under subsection (1) of this section, the authority may not receive
5 any state grant funds provided in an omnibus transportation
6 appropriations act except transit coordination grants created in
7 chapter 11, Laws of 2015 3rd sp. sess. and regional mobility grant
8 program funds. To be eligible to receive regional mobility grant
9 program funds, a regional transit authority must have adopted, at a
10 minimum, a zero-fare policy that allows passengers 18 years of age
11 and younger to ride free of charge on all modes provided by the
12 authority by October 1, 2022.
13 (7) Property taxes imposed under this section may not be imposed
14 on less than a whole parcel.
15 Sec. 4. RCW 47.04.380 and 2022 c 182 s 417 are each amended to
16 read as follows:
17 (1) The legislature finds that many communities across Washington
18 state have not equitably benefited from investments in the active
19 transportation network. The legislature also finds that legacy state
20 transportation facilities designed primarily for vehicle use caused
21 disconnections in safe routes for people who walk, bike, and roll to
22 work and to carry out other daily activities.
23 (2) To address these investment gaps, and to honor the legacy of
24 community advocacy of Sandy Williams, the Sandy Williams connecting
25 communities program is established within the department. The purpose
26 of the program is to improve active transportation connectivity in
27 communities by:
28 (a) Providing safe, continuous routes for pedestrians,
29 bicyclists, and other nonvehicle users carrying out their daily
30 activities;
31 (b) Mitigating for the health, safety, and access impacts of
32 transportation infrastructure that bisects communities and creates
33 obstacles in the local active transportation network;
34 (c) Investing in greenways providing protected routes for a wide
35 variety of nonvehicular users; and
36 (d) Facilitating the planning, development, and implementation of
37 projects and activities that will improve the connectivity and safety
38 of the active transportation network.
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 1 (3) The department must select projects to propose to the
2 legislature for funding. In selecting projects, the department must
3 consider, at a minimum, the following criteria:
4 (a) Access to a transit facility, community facility, commercial
5 center, or community-identified assets;
6 (b) The use of minority and women-owned businesses and community-
7 based organizations in planning, community engagement, design, and
8 construction of the project;
9 (c) Whether the project will serve:
10 (i) Overburdened communities as defined in RCW 70A.02.010 to mean
11 a geographic area where vulnerable populations face combined,
12 multiple environmental harms and health impacts, and includes, but is
13 not limited to, highly impacted communities as defined in RCW
14 19.405.020;
15 (ii) Vulnerable populations as defined in RCW 70A.02.010 to mean
16 population groups that are more likely to be at higher risk for poor
17 health outcomes in response to environmental harms, due to adverse
18 socioeconomic factors, such as unemployment, high housing, and
19 transportation costs relative to income, limited access to nutritious
20 food and adequate health care, linguistic isolation, and other
21 factors that negatively affect health outcomes and increase
22 vulnerability to the effects of environmental harms; and sensitivity
23 factors, such as low birth weight and higher rates of
24 hospitalization. Vulnerable populations include, but are not limited
25 to: Racial or ethnic minorities, low-income populations, populations
26 disproportionately impacted by environmental harms, and populations
27 of workers experiencing environmental harms;
28 (iii) Household incomes at or below 200 percent of the federal
29 poverty level; and
30 (iv) People with disabilities;
31 (d) Environmental health disparities, such as those indicated by
32 the diesel pollution burden portion of the Washington environmental
33 health disparities map developed by the department of health, or
34 other similar indicators;
35 (e) Location on or adjacent to tribal lands or locations
36 providing essential services to tribal members;
37 (f) Crash experience involving pedestrians and bicyclists; and
38 (g) Identified need by the community, for example in the state
39 active transportation plan or a regional, county, or community plan.
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1 (4) It is the intent of the legislature that the Sandy Williams
2 connecting communities program comply with the requirements of
3 chapter 314, Laws of 2021.
4 (5) The department shall submit a report to the transportation
5 committees of the legislature by December 1, 2022, and each December
6 1st thereafter identifying the selected connecting communities
7 projects for funding by the legislature. The report must also include
8 the status of previously funded projects.
9 (6) This section expires July 1, 2027.
10 Sec. 5. RCW 47.04.390 and 2022 c 182 s 419 are each amended to
11 read as follows:
12 (1) The department shall establish a statewide school-based
13 bicycle education grant program. The grant will support two programs:
14 One for elementary and middle school; and one for junior high and
15 high school aged youth to develop the skills and street safety
16 knowledge to be more confident bicyclists for transportation and/or
17 recreation. In development of the grant program, the department is
18 encouraged to consult with the environmental justice council and the
19 office of equity.
20 (2)(a) For the elementary and middle school program, the
21 department shall contract with a nonprofit organization with relevant
22 reach and experience, including a statewide footprint and
23 demonstrable experience deploying bicycling and road safety education
24 curriculum via a train the trainer model in schools. The selected
25 nonprofit shall identify partner schools that serve target
26 populations, based on the criteria in subsection (3) of this section.
27 Partner schools shall receive from the nonprofit: In-school bike and
28 pedestrian safety education curriculum, materials, equipment guidance
29 and consultation, and physical education teacher trainings. Youth
30 grades three through eight are eligible for the program.
31 (b) Selected school districts shall receive and maintain a fleet
32 of bicycles for the youth in the program. Youth and families
33 participating in the school-base bicycle education grant program
34 shall have an opportunity to receive a bike, lock, helmet, and lights
35 free of cost.
36 (3) For the junior high and high school program, the department
37 shall contract with a nonprofit organization with relevant reach and
38 experience, including a statewide footprint; demonstrable experience
39 developing and managing youth-based programming serving youth of
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 1 color in an after-school and/or community setting; and deploying
2 bicycling and road safety education curriculum via a train the
3 trainer model. The selected nonprofit shall use the equity-based
4 criteria in subsection (4) of this section to identify target
5 populations and partner organizations including, but not limited to,
6 schools, community-based organizations, housing authorities, and
7 parks and recreation departments, that work with the eligible
8 populations of youth ages 14 to 18. Partner organizations shall
9 receive from the nonprofit: Education curriculum, materials,
10 equipment including, but not limited to, bicycles, helmets, locks,
11 and lights, guidance and consultation, and initial instructor/
12 volunteer training, as well as ongoing support.
13 (4) In selecting schools and partner organizations for the
14 school-based bicycle education grant program, the department and
15 nonprofit must consider, at a minimum, the following criteria:
16 (a) Population impacted by poverty, as measured by free and
17 reduced lunch population or 200 percent federal poverty level;
18 (b) People of color;
19 (c) People of Hispanic heritage;
20 (d) People with disabilities;
21 (e) Environmental health disparities, such as those indicated by
22 the diesel pollution burden portion of the Washington environmental
23 health disparities map developed by the department of health, or
24 other similar indicators;
25 (f) Location on or adjacent to an Indian reservation;
26 (g) Geographic location throughout the state;
27 (h) Crash experience involving pedestrians and bicyclists;
28 (i) Access to a community facility or commercial center; and
29 (j) Identified need in the state active transportation plan or a
30 regional, county, or community plan.
31 (5) The department shall submit a report for both programs to the
32 transportation committees of the legislature by December 1, 2022, and
33 each December 1st thereafter identifying the selected programs and
34 school districts for funding by the legislature. The report must also
35 include the status of previously funded programs.
36 Sec. 6. RCW 46.68.480 and 2022 c 182 s 430 are each amended to
37 read as follows:
38 The Cooper Jones active transportation safety account is created
39 in the state treasury. All receipts from penalties collected under
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1 RCW 46.63.170 shall be deposited into the account. Expenditures from
2 the account may be used only to fund grant projects or programs for
3 bicycle, pedestrian, and nonmotorist safety improvement administered
4 by the Washington traffic safety commission. By December 1, 2024, and
5 every two years thereafter, the commission shall report to the
6 transportation committees of the legislature regarding the activities
7 funded from the account. The account is subject to allotment
8 procedures under chapter 43.88 RCW. Moneys in the account may be
9 spent only after appropriation.
10 Sec. 7. RCW 43.84.092 and 2022 c 182 s 403 are each amended to
11 read as follows:
12 (1) All earnings of investments of surplus balances in the state
13 treasury shall be deposited to the treasury income account, which
14 account is hereby established in the state treasury.
15 (2) The treasury income account shall be utilized to pay or
16 receive funds associated with federal programs as required by the
17 federal cash management improvement act of 1990. The treasury income
18 account is subject in all respects to chapter 43.88