Volume 30, No. 10
March 9, 2007

Infrastructure, Transportation & Economic Development

AWC Priority
Transportation Benefit Districts (TBDs) (SHB 1858)

SHB 1858 passed out of the House Transportation Committee on March 2. It has been pulled to the House floor and is eligible for passage at any moment. Please contact your House Members and request their support for this bill. This is a local tool for local transportation purposes. Please go to www.awcnet.org/documents/TBDFactSheet0307.pdf for a fact sheet on this bill.

The substitute bill will:

  • Allow cities or counties to impose the first $20 of the vehicle fee if a TBD is jurisdiction-wide (the balance remains voter approved).

  • Allow cities or counties to impose limited transportation impact fees, but prohibit "double-dipping" of existing impact fees or any residential property.

AWC Priority
Changing Alternative Public Works Provisions (SHB 1506)

This is the renewal and modification of the current General Contractor-Construction Manager (GC-CM) and Design Build (DB) public works authority. We expect this bill to move out of the House in the next few days. Please see the February 2 edition of the Bulletin for a detailed description on the substitute bill.

AWC Priority
Authorization for Projects by the Public Works Board (HB 1025)

HB 1025, the 2007 Public Works Board construction loan list, passed through the House and the Senate in record time. Governor Gregoire will sign the bill on Monday, March 12. The 19 projects, totaling $71 million, will be ready for contract execution following the Governor's signature.

AWC Priority
Funding for Jobs, Economic Development, and Local Capital Projects
(SHB 1790/SSB 5762)

Several previous Bulletins have identified this bill as the "CERB" stabilization bill. SSB 5762 did not move in the Ways and Means Committee. SHB 1790 is technically part of the overall infrastructure discussion, but we have not received any affirmation that it will be classified as "necessary to implement the budget" and therefore be still alive.

AWC Priority
Local Infrastructure Finance Tool (LIFT) (SHB 1277/SSB 5115)

SHB 1277 passed the House on a 96-2 vote on March 7. The Senate bill is still in the Senate Rules Committee.

SHB 1277 will:

  • Increase the limit of the annual state contribution to LIFT projects in the state from $5 million per year to $7.5 million per year;

  • Retain the one per county prohibition on using this authority (unless it is a city that is located in two counties);

  • Retain an assessed value of $70 per square foot requirement; and

  • Provide several technical changes that will make the authority more flexible.

Regional Transportation Commissions (RTC) (SSB 5803)

SSB 5803 creates a regional transportation commission and is on the second reading calendar in the Senate. This bill is the most far-reaching transportation policy bill this session and should be watched closely. The RTC would assume many of the powers and duties of Sound Transit, the Regional Transportation Improvement District, and the Puget Sound Regional Council. Project eligibility is broad and is focused on regional transportation solutions (rather than Highways of Statewide Significance, for example). Furthermore, it has the potential to redefine local city and transit transportation investment priorities.

AWC staff is also monitoring potential amendments. For example, the original bill stated Transportation Improvement Board funding would be withheld until the RTC is formed. A variation was proposed during the adoption of the substitute which would have withheld the county gas tax.

Encouraging the Use of Cleaner Energy (2SHB 1303)

As the bill title indicates, it has a variety of incentives and mandates to use clean energy in vehicles. Although AWC is generally supportive of the bill, we have concerns over the provision that requires all state and local fleets to satisfy their fuel needs with bio-fuels by the year 2015, unless the mandate is deemed impracticable by the Energy Freedom Coordinator. We are seeking amendatory language that moves this requirement toward reporting on the feasibility of transitioning to an all bio-fuel fleet.

Hardship Assistance Program Funds for Street Maintenance
(SHB 1482/SSB 5483)

SHB 1482 has already passed the House and has been referred to the Senate. The Senate bill has also passed the Senate and has been referred to the House. Barring an unforeseen event, we can expect one of these bills to reach the Governor’s desk. The bills will move any remaining City Hardship Assistance Program funding to the Small City Pavement Preservation and Sidewalk Account.

Funding Qualifying Projects through the Urban Corridor Program of the Transportation Improvement Board (SHB 2331)

SHB 2331 has passed out of the House Transportation Committee and is now in Rules. The substitute bill removed the $20 million provision and modified eligibility criteria. AWC and House members are supportive of the policy portion of the bill; finding a revenue source is the challenge.

Preserving Rail Corridors (SHB 2344)

SHB 2344 has two parts:

  1. requiring the incorporation of rail lines in the (transportation) planning element of a city plan; and
  2. requiring notice when rail lines are proposed for sale or change in use.

The substitute bill removes the original language that stated legislative approval would be required before rail lines could be sold. AWC is now neutral on this bill.

Changing Provisions Concerning Limitation of Claims Under a Construction Contract (SHB 1765)

This bill has been pulled to the House floor and is eligible for final passage. It reflects yet another proposal to change contracting law in a post Michael M. Johnson v. Spokane County environment.

In short, this bill allows enforcement of a contractor's claim right under certain circumstances when the contractor has not complied with time or form requirements for submitting the claim. AWC and several public owners have strong concerns on this bill.

As a counter proposal, AWC, schools, ports, and counties jointly recommended a substitute bill that would clarify the claims process or suggested that the Capital Advisory Review Board include this as part of its interim work plan.

 

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