AWC Legislative Bulletin - Volume 31, No. 4
August 29, 2008 (Plain Text Version)

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In this issue:
From the Director: Peeling Back the I-985 Onion - The Latest Tim Eyman Initiative to Make the November Ballot
AWC’s 2008-09 Legislative Committee Holds First Meeting
How You Can Provide Input – Legislative Proposals Requested
Legislative Assembly Days Coming in September
2008 Regional Meetings Announced
Energy and Telecommunications
Environment and Water
Infrastructure, Economic Development & Transportation
Land Use & Housing
Law and Justice
Municipal Finance
Personnel & Labor Relations

From the Director: Peeling Back the I-985 Onion - The Latest Tim Eyman Initiative to Make the November Ballot

By Stan Finkelstein, AWC Executive Director

According to Tim Eyman’s description, I-985 will not cost the taxpayers of Washington money, yet reduce traffic congestion in Washington State by acting upon State Auditor recommendations (more on this later). However, when one peels back the onion on this initiative, it will cost the state money, and create tough choices for the State legislature, counties and cities –all on the questionable premise it will save three to four minutes on a one hour commute. Opponents will quickly call out that I-985 will hurt basic state services.

What I-985 does and how it affects cities and the state:

Redirects State and Local Revenues

Creates a "Reduce Traffic Congestion Account" (RTCA) by redirecting 15 percent of the 6.5 percent state sales and use tax imposed on motor vehicle sales; 0.5 percent of all state transportation capital funding; certain excess toll revenues; and revenue generated from local traffic safety camera infractions to this account. Expenditures from the RTCA may be used only for the following items:

Costs associated with opening carpool lanes to all traffic during non-peak hours;
Costs associated with synchronizing traffic lights on heavily-traveled arterials and streets;
Increased funding for emergency roadside assistance; and
Funding for the State Auditor to perform required accountability measures regarding traffic light synchronization and emergency roadside assistance, and for tracking the revenues and expenditures required under the Initiative.

After funding the above, the state is directed to spend any remaining balance on roadway capacity and general purpose lanes to reduce congestion.

How it affects the state: I-985 puts transportation congestion relief as a top state funding priority – An estimated $574M will be redirected away from state wide general fund priorities over the next five years to fund RTCA activities that will mostly occur in Puget Sound. In the 2009-11 biennium alone, it will add $238M to the $2.8 Billion dollar deficit that is already facing state lawmakers in the general fund budget. To give this perspective, the entire Judiciary budget is $289M and the State Parks budget is $148M this biennium.

How it affects cities: The red light photo enforcement program currently funded by traffic offenders would either be discontinued or require using city general funds. Under the initiative, cities using red light photo enforcement must send their gross photo enforcement revenues to the state for this new RTCA; a clear intrusion on our decision making authority. Tim Eyman and other proponents assert that cities using photo enforcement should not be using this tool to generate money-it should simply be a sunk city cost to enforce safe travel behavior. After the first year of implementation, most cities report modest net revenue at best. More importantly, this badly misses the point that photo enforcement is a proven tool that improves safety in school zones and other designated areas where the offenders pay for the program. NOTE: Photo enforcement is not part of the State Auditor recommendations.

Traffic Signal Synchronization

State and all local governments must synchronize traffic lights on heavily-traveled arterials and streets, and rapidly respond to traffic accidents and other highway obstructions, within their respective jurisdictions. The State Auditor identified traffic synchronization as a traffic congestion tool only in Puget Sound, not statewide. In theory, the new RTCA is to fund this new requirement.

How it affects the state: The state has long recognized the benefit of traffic synchronization. However, the state has also balanced the use of funding this need with a host of other transportation priorities – safety, preservation, major bridge replacement, etc…

How it affects cities and counties: It is unclear how cities fulfilling this expensive requirement will be compensated. The Legislature is instructed to target the RCTA to reimburse for this requirement, yet also places an emphasis on funding the most heavily congested areas first. Since all jurisdictions must immediately comply with this requirement, it is likely cities will have to front load these costs and wait for state compensation.

Carpool Lanes

Carpool lanes must be opened to all traffic during non-peak hours. "Non-peak hours" are defined as the following times:

Monday through Friday, between the hours of 9 am and 3 pm;
Monday through Thursday, between the hours of 6 pm and 6 am; and
Between the hours of 6 pm Friday and 6 am Monday.

How it affects the State and local governments: Washington taxpayers will pay for the same lane twice. Many HOV lanes were not designed for general traffic purposes. It will cost millions of dollars to reconfigure these lanes to meet federal standards at the expense of existing transportation projects and the (state general fund) RTCA account.

Congestion will be worse, not better. The State Auditor’s transportation professionals recommended more investment in carpool lanes, not less. As a practical matter, the newly defined "off-peak" ignores the fact that Puget Sound peak hour traffic frequently extends well beyond 9 a.m. and 6 p.m. Furthermore, I-5 traffic volumes on the weekend often mirror peak commute traffic, yet would have no relief under I-985.

How it affects local governments: Limiting the use of the carpool lanes severely restricts a system that moves over one-third of the people on rush hour freeways in only about 19% of the vehicles. (WSDOT information). I-985 will make transit less efficient and slower at a time when the demand for transit service is growing.

Establishes Performance Benchmarks

Lastly, the State Auditor must establish certain congestion relief performance benchmarks and provide updates to the public regarding various activities required under the Initiative. I would simply note the State Auditor already has broad latitude under current law to evaluate and establish performance measures.