Transportation resources

AN ACT Relating to transportation resources; amending RCW 1
82.38.030, 46.68.090, 46.17.323, 46.17.324, 46.17.040, 46.17.005, 2
82.08.020, 82.12.020, 70A.205.405, 70A.205.430, 70A.205.425, 3
46.20.161, 46.20.181, 46.68.041, 46.63.200, 46.63.110, 47.46.100, 4
47.56.245, 47.56.850, 47.56.870, 90.58.356, 77.55.181, 49.26.013, 5
36.70A.200, 36.70A.200, 47.04.380, 47.04.430, 47.04.390, 47.01.051, 6
47.01.071, 47.04.280, 81.52.050, 46.63.220, 47.04.350, 47.04.355, 7
47.60.826, 88.16.035, 46.16A.305, 47.60.322, 82.42.090, 43.19.642, 8
and 47.04.035; reenacting and amending RCW 46.20.117, 43.84.092, 9
43.84.092, 70A.65.030, 70A.65.040, 70A.65.230, and 46.16A.030; adding 10
a new section to chapter 47.60 RCW; adding a new section to chapter 11
46.17 RCW; adding a new section to chapter 82.14 RCW; adding a new 12
section to chapter 77.55 RCW; adding new sections to chapter 43.21C 13
RCW; adding a new section to chapter 47.66 RCW; adding a new section 14
to chapter 47.04 RCW; adding a new section to chapter 72.60 RCW; 15
adding a new chapter to Title 82 RCW; adding a new chapter to Title 16
36 RCW; creating new sections; repealing RCW 47.46.110, 47.01.075, 17
46.68.490, and 46.68.500; prescribing penalties; providing effective 18
dates; providing expiration dates; and declaring an emergency.19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:20
PART I21
S-2391.3
SENATE BILL 5801
State of Washington 69th Legislature 2025 Regular Session
By Senators Liias, King, and Chapman
Read first time 03/25/25. Referred to Committee on Transportation.
p. 1 SB 5801
MOTOR VEHICLE FUEL TAXES, ELECTRIC VEHICLES FEES, AND OTHER VEHICLE 1
FEES2
Sec. 101. RCW 82.38.030 and 2015 3rd sp.s. c 44 s 103 are each 3
amended to read as follows: 4
(1) There is levied and imposed upon fuel licensees a tax at the 5
rate of ((twenty-three)) 23 cents per gallon of fuel.6
(2) Beginning July 1, 2003, an additional and cumulative tax rate 7
of five cents per gallon of fuel is imposed on fuel licensees. This 8
subsection (2) expires when the bonds issued for transportation 2003 9
projects are retired. 10
(3) Beginning July 1, 2005, an additional and cumulative tax rate 11
of three cents per gallon of fuel is imposed on fuel licensees.12
(4) Beginning July 1, 2006, an additional and cumulative tax rate 13
of three cents per gallon of fuel is imposed on fuel licensees.14
(5) Beginning July 1, 2007, an additional and cumulative tax rate 15
of two cents per gallon of fuel is imposed on fuel licensees.16
(6) Beginning July 1, 2008, an additional and cumulative tax rate 17
of one and one-half cents per gallon of fuel is imposed on fuel 18
licensees. 19
(7) Beginning August 1, 2015, an additional and cumulative tax 20
rate of seven cents per gallon of fuel is imposed on fuel licensees.21
(8) Beginning July 1, 2025, an additional and cumulative tax rate 22
of six cents per gallon of fuel is imposed on fuel licensees.23
(9) Beginning July 1, 2026, and on July 1st of each year 24
thereafter, the fuel tax imposed under this section on fuel licensees 25
must be increased by an additional inflation adjustment factor. The 26
additional inflation adjustment factor is the fuel tax rate as of 27
June 30th of the immediately preceding fiscal year increased by two 28
percent. The resulting fuel tax rate must be rounded to the nearest 29
10th cent per gallon.30
(10) Beginning July 1, 2016, an additional and cumulative tax 31
rate of four and nine-tenths cents per gallon of fuel is imposed on 32
fuel licensees. 33
(((9))) (11) Taxes are imposed when: 34
(a) Fuel is removed in this state from a terminal if the fuel is 35
removed at the rack unless the removal is by a licensed supplier or 36
distributor for direct delivery to a destination outside of the 37
state, or the removal is by a fuel supplier for direct delivery to an 38
international fuel tax agreement licensee under RCW 82.38.320;39
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(b) Fuel is removed in this state from a refinery if either of 1
the following applies: 2
(i) The removal is by bulk transfer and the refiner or the owner 3
of the fuel immediately before the removal is not a licensed 4
supplier; or 5
(ii) The removal is at the refinery rack unless the removal is to 6
a licensed supplier or distributor for direct delivery to a 7
destination outside of the state, or the removal is to a licensed 8
supplier for direct delivery to an international fuel tax agreement 9
licensee under RCW 82.38.320; 10
(c) Fuel enters into this state for sale, consumption, use, or 11
storage, unless the fuel enters this state for direct delivery to an 12
international fuel tax agreement licensee under RCW 82.38.320, if 13
either of the following applies: 14
(i) The entry is by bulk transfer and the importer is not a 15
licensed supplier; or 16
(ii) The entry is not by bulk transfer; 17
(d) Fuel enters this state by means outside the bulk transfer-18
terminal system and is delivered directly to a licensed terminal 19
unless the owner is a licensed distributor or supplier;20
(e) Fuel is sold or removed in this state to an unlicensed entity 21
unless there was a prior taxable removal, entry, or sale of the fuel;22
(f) Blended fuel is removed or sold in this state by the blender 23
of the fuel. The number of gallons of blended fuel subject to tax is 24
the difference between the total number of gallons of blended fuel 25
removed or sold and the number of gallons of previously taxed fuel 26
used to produce the blended fuel; 27
(g) Dyed special fuel is used on a highway, as authorized by the 28
internal revenue code, unless the use is exempt from the fuel tax;29
(h) Dyed special fuel is held for sale, sold, used, or is 30
intended to be used in violation of this chapter; 31
(i) Special fuel purchased by an international fuel tax agreement 32
licensee under RCW 82.38.320 is used on a highway; and33
(j) Fuel is sold by a licensed fuel supplier to a fuel 34
distributor or fuel blender and the fuel is not removed from the bulk 35
transfer-terminal system. 36
Sec. 102. RCW 46.68.090 and 2015 3rd sp.s. c 44 s 105 are each 37
amended to read as follows: 38
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(1) All moneys that have accrued or may accrue to the motor 1
vehicle fund from the fuel tax must be first expended for purposes 2
enumerated in (a) and (b) of this subsection. The remaining net tax 3
amount must be distributed monthly by the state treasurer in 4
accordance with subsections (2) through (((8))) (9) of this section.5
(a) For payment of refunds of fuel tax that has been paid and is 6
refundable as provided by law; 7
(b) For payment of amounts to be expended pursuant to 8
appropriations for the administrative expenses of the offices of 9
state treasurer, state auditor, and the department of licensing of 10
the state of Washington in the administration of the fuel tax, which 11
sums must be distributed monthly. 12
(2) All of the remaining net tax amount collected under RCW 13
82.38.030(1) must be distributed as set forth in (a) through (j) of 14
this subsection. 15
(a) For distribution to the motor vehicle fund an amount equal to 16
44.387 percent to be expended for highway purposes of the state as 17
defined in RCW 46.68.130; 18
(b)(i) For distribution to the special category C account, hereby 19
created in the motor vehicle fund, an amount equal to 3.2609 percent 20
to be expended for special category C projects. Special category C 21
projects are category C projects that, due to high cost only, will 22
require bond financing to complete construction. 23
(ii) The following criteria, listed in order of priority, must be 24
used in determining which special category C projects have the 25
highest priority: 26
(A) Accident experience; 27
(B) Fatal accident experience; 28
(C) Capacity to move people and goods safely and at reasonable 29
speeds without undue congestion; and 30
(D) Continuity of development of the highway transportation 31
network. 32
(iii) Moneys deposited in the special category C account in the 33
motor vehicle fund may be used for payment of debt service on bonds 34
the proceeds of which are used to finance special category C projects 35
under this subsection (2)(b); 36
(c) For distribution to the Puget Sound ferry operations account 37
in the motor vehicle fund an amount equal to 2.3283 percent;38
(d) For distribution to the Puget Sound capital construction 39
account in the motor vehicle fund an amount equal to 2.3726 percent;40
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(e) For distribution to the transportation improvement account in 1
the motor vehicle fund an amount equal to 7.5597 percent;2
(f) For distribution to the transportation improvement account in 3
the motor vehicle fund an amount equal to 5.6739 percent and expended 4
in accordance with RCW 47.26.086; 5
(g) For distribution to the cities and towns from the motor 6
vehicle fund an amount equal to 10.6961 percent in accordance with 7
RCW 46.68.110; 8
(h) For distribution to the counties from the motor vehicle fund 9
an amount equal to 19.2287 percent: (i) Out of which there must be 10
distributed from time to time, as directed by the department of 11
transportation, those sums as may be necessary to carry out the 12
provisions of RCW 47.56.725; and (ii) less any amounts appropriated 13
to the county road administration board to implement the provisions 14
of RCW 47.56.725(4), with the balance of such county share to be 15
distributed monthly as the same accrues for distribution in 16
accordance with RCW 46.68.120; 17
(i) For distribution to the county arterial preservation account, 18
hereby created in the motor vehicle fund an amount equal to 1.9565 19
percent. These funds must be distributed by the county road 20
administration board to counties in proportions corresponding to the 21
number of paved arterial lane miles in the unincorporated area of 22
each county and must be used for improvements to sustain the 23
structural, safety, and operational integrity of county arterials. 24
The county road administration board must adopt reasonable rules and 25
develop policies to implement this program and to assure that a 26
pavement management system is used; 27
(j) For distribution to the rural arterial trust account in the 28
motor vehicle fund an amount equal to 2.5363 percent and expended in 29
accordance with RCW 36.79.020. 30
(3) The remaining net tax amount collected under RCW 82.38.030(2) 31
must be distributed to the transportation 2003 account (nickel 32
account). 33
(4) The remaining net tax amount collected under RCW 82.38.030(3) 34
must be distributed as follows: 35
(a) 8.3333 percent must be distributed to the incorporated cities 36
and towns of the state in accordance with RCW 46.68.110;37
(b) 8.3333 percent must be distributed to counties of the state 38
in accordance with RCW 46.68.120; and 39
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(c) The remainder must be distributed to the transportation 1
partnership account created in RCW 46.68.290. 2
(5) The remaining net tax amount collected under RCW 82.38.030(4) 3
must be distributed as follows: 4
(a) 8.3333 percent must be distributed to the incorporated cities 5
and towns of the state in accordance with RCW 46.68.110;6
(b) 8.3333 percent must be distributed to counties of the state 7
in accordance with RCW 46.68.120; and 8
(c) The remainder must be distributed to the transportation 9
partnership account created in RCW 46.68.290. 10
(6) The remaining net tax amount collected under RCW 82.38.030 11
(5) and (6) must be distributed to the transportation partnership 12
account created in RCW 46.68.290. 13
(7) The remaining net tax amount collected under RCW 82.38.030 14
(7) and (((8))) (10) must be distributed to the connecting Washington 15
account created in RCW 46.68.395. 16
(8) The remaining net tax amount collected under RCW 82.38.030 17
(8) and (9) must be distributed to the move ahead WA account created 18
in RCW 46.68.510.19
(9) Nothing in this section or in RCW 46.68.130 may be construed 20
so as to violate any terms or conditions contained in any highway 21
construction bond issues now or hereafter authorized by statute and 22
whose payment is by such statute pledged to be paid from any excise 23
taxes on fuel. 24
Sec. 103. RCW 46.17.323 and 2022 c 149 s 1 are each amended to 25
read as follows: 26
(1) Before accepting an application for an annual vehicle 27
registration ((renewal)) for a vehicle that both (a) uses at least 28
one method of propulsion that is capable of being reenergized by an 29
external source of electricity and (b) is capable of traveling at 30
least 30 miles using only battery power, except for electric 31
motorcycles, the department, county auditor or other agent, or 32
subagent appointed by the director must require the applicant to pay 33
a (($100)) $150 fee in addition to any other fees and taxes required 34
by law. The (($100)) fee is due ((only)) at the time of annual 35
registration ((renewal)). 36
(2) This section only applies to a vehicle that is designed to 37
have the capability to drive at a speed of more than 35 miles per 38
hour. 39
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(3)(a) The ((fee)) fees under this section ((is)) are imposed to 1
provide funds to mitigate the impact of vehicles on state roads and 2
highways and for the purpose of evaluating the feasibility of 3
transitioning from a revenue collection system based on fuel taxes to 4
a road user assessment system, and ((is)) are separate and distinct 5
from other vehicle license fees. Proceeds from the ((fee)) fees must 6
be used for highway purposes, and must be deposited in the motor 7
vehicle fund created in RCW 46.68.070, ((subject to (b) of this 8
subsection)) except as otherwise provided in this section.9
(b) If in any year the amount of proceeds from the first $100 of 10
the fee collected under subsection (1) of this section on 11
registration renewals exceeds $1,000,000, the excess amount over 12
$1,000,000 must be deposited as follows: 13
(i) Seventy percent to the motor vehicle fund created in RCW 14
46.68.070; 15
(ii) Fifteen percent to the transportation improvement account 16
created in RCW 47.26.084; and 17
(iii) Fifteen percent to the rural arterial trust account created 18
in RCW 36.79.020. 19
(c) The first $100 of the fee collected under subsection (1) of 20
this section on original registrations must be deposited in the move 21
ahead WA account created in RCW 46.68.510.22
(d) $50 of the fee collected under subsection (1) of this section 23
on both original registrations and renewal registrations must be 24
deposited in the move ahead WA account created in RCW 46.68.510.25
(4)(a) In addition to the fee established in subsection (1) of 26
this section, before accepting an application for an annual vehicle 27
registration ((renewal)) for a vehicle that both (i) uses at least 28
one method of propulsion that is capable of being reenergized by an 29
external source of electricity and (ii) is capable of traveling at 30
least 30 miles using only battery power, except for electric 31
motorcycles, the department, county auditor or other agent, or 32
subagent appointed by the director must require the applicant to pay 33
a $50 fee. 34
(b) ((The)) Except as provided in subsection (7) of this section, 35
the fee required under (a) of this subsection on registration 36
renewals must be distributed as follows: 37
(i) The first $1,000,000 raised by the fee must be deposited into 38
the multimodal transportation account created in RCW 47.66.070; and39
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(ii) Any remaining amounts must be deposited into the motor 1
vehicle fund created in RCW 46.68.070. 2
(c) Except as provided in subsection (7) of this section, the fee 3
required under (a) of this subsection on original registrations must 4
be deposited in the move ahead WA account created in RCW 46.68.510.5
(5) Beginning November 1, 2022, before accepting an application 6
for an annual vehicle registration ((renewal)) for an electric 7
motorcycle that uses propulsion units powered solely by electricity, 8
the department, county auditor or other agent, or subagent appointed 9
by the director must require the applicant to pay a $30 fee in 10
addition to any other fees and taxes required by law. The $30 fee is 11
due ((only)) at the time of annual registration ((renewal)).12
(6) ((The)) (a) Except as provided in subsection (7) of this 13
section, the fees collected pursuant to subsection (5) of this 14
section on registration renewals shall be deposited into the motor 15
vehicle fund created in RCW 46.68.070 and the fees collected pursuant 16
to subsection (5) of this section on original registrations shall be 17
deposited in the move ahead WA account created in RCW 46.68.510.18
(7) Beginning July 1, 2026, and on July 1st of each year 19
thereafter, the fees under subsections (1), (4), and (5) of this 20
section must be increased by an additional inflation adjustment 21
factor. The additional inflation adjustment factor is the fee rate as 22
of June 30th of the immediately preceding fiscal year increased by 23
two percent. The result must be rounded to the nearest 20th of $1. 24
The entire amount of the proceeds from the additional inflation 25
adjustment factor under this subsection must be deposited in the move 26
ahead WA account created in RCW 46.68.510.27
(8) This section applies to annual vehicle ((registration 28
renewals)) registrations until the effective date of enacted 29
legislation that imposes a vehicle miles traveled fee or tax.30
Sec. 104. RCW 46.17.324 and 2019 c 287 s 23 are each amended to 31
read as follows: 32
((To realize the environmental benefits of electrification of the 33
transportation system it is necessary to support the adoption of 34
electric vehicles and other electric technology in the state by 35
incentivizing the purchase of these vehicles, building out the 36
charging infrastructure, developing greener transit options, and 37
supporting clean alternative fuel infrastructure. Therefore, it is 38
the intent of the legislature to support these activities through the 39
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imposition of new transportation electrification fees in this 1
section.))2
(1) A vehicle that both (a) uses at least one method of 3
propulsion that is capable of being reenergized by an external source 4
of electricity and (b) is capable of traveling at least ((thirty)) 30 5
miles using only battery power, is subject to an annual ((seventy-6
five dollar)) $75 transportation electrification fee to be collected 7
by the department, county auditor, or other agent or subagent 8
appointed by the director, in addition to any other fees and taxes 9
required by law. For administrative efficiencies, the transportation 10
electrification fee must be collected at the same time as an annual 11
vehicle registration ((renewals and may only be collected for 12
vehicles that are renewing an annual vehicle registration)).13
(2) Beginning October 1, 2019, in lieu of the fee in subsection 14
(1) of this section for a hybrid or alternative fuel vehicle that is 15
not required to pay the fees established in RCW 46.17.323 (1) and 16
(4), the department, county auditor, or other agent or subagent 17
appointed by the director must require that the applicant for the 18
annual vehicle registration ((renewal)) of such hybrid or alternative 19
fuel vehicle pay a ((seventy-five dollar )) $100 hybrid vehicle 20
transportation electrification fee, in addition to any other fees and 21
taxes required by law. 22
(3) The ((fees required under this section must be deposited in 23
the electric vehicle account created in RCW 82.44.200, until July 1, 24
2025, when the fee )) first $75 of the fees on renewal registrations 25
required under this section must be deposited in the motor vehicle 26
account. The remaining amounts on registration renewals and all of 27
the fees on original registrations must be deposited in the move 28
ahead WA account created in RCW 46.68.510. 29
(4) Beginning July 1, 2026, and on July 1st of each year 30
thereafter, the fees under this section must be increased by an 31
additional inflation adjustment factor. The additional inflation 32
adjustment factor is the fee rate as of June 30th of the immediately 33
preceding fiscal year increased by two percent. The result must be 34
rounded to the nearest 20th of $1. The entire amount of the proceeds 35
from the additional inflation adjustment factor under this subsection 36
must be deposited in the move ahead WA account created in RCW 37
46.68.510.38
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(5) This section only applies to a vehicle that is designed to 1
have the capability to drive at a speed of more than ((thirty-five)) 2
35 miles per hour. 3
Sec. 105. RCW 46.17.040 and 2019 c 417 s 2 are each amended to 4
read as follows: 5
(1) The department, county auditor or other agent, or subagent 6
appointed by the director shall collect a service fee of:7
(a) ((Fifteen dollars )) $18 for changes in a certificate of 8
title, changes in ownership for nontitled vehicles, or for 9
verification of record and preparation of an affidavit of lost title 10
other than at the time of the certificate of title application or 11
transfer, in addition to any other fees or taxes due at the time of 12
application; and 13
(b) ((Eight dollars )) $11 for a registration renewal, issuing a 14
transit permit, or any other service under this section, in addition 15
to any other fees or taxes due at the time of application.16
(2) Service fees collected under this section by the department 17
or county auditor or other agent appointed by the director must be 18
credited to the capital vessel replacement account under RCW 19
47.60.322. 20
Sec. 106. RCW 46.17.005 and 2019 c 417 s 3 are each amended to 21
read as follows: 22
(1) A person who applies for a vehicle registration or for any 23
other right to operate a vehicle on the highways of this state shall 24
pay a ((four dollar and fifty cent )) $6 filing fee in addition to any 25
other fees and taxes required by law. 26
(2) A person who applies for a certificate of title shall pay a 27
((five dollar and fifty cent )) $6.50 filing fee in addition to any 28
other fees and taxes required by law. 29
(3) The filing fees established in this section must be 30
distributed under RCW 46.68.400. 31
NEW SECTION. Sec. 107. Sections 105 and 106 of this act apply 32
to registrations that are due or become due on or after January 1, 33
2026, and certificate of title transactions that are processed on or 34
after January 1, 2026.35
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PART II1
LUXURY TAX ON EXPENSIVE MOTOR VEHICLES, RENTAL CAR TAX, TIRE DISPOSAL 2
FEE, AND ELECTRIC BICYCLE SURCHARGE3
Sec. 201. RCW 82.08.020 and 2022 c 16 s 145 are each amended to 4
read as follows: 5
(1) There is levied and collected a tax equal to six and five-6
tenths percent of the selling price on each retail sale in this state 7
of: 8
(a) Tangible personal property, unless the sale is specifically 9
excluded from the RCW 82.04.050 definition of retail sale;10
(b) Digital goods, digital codes, and digital automated services, 11
if the sale is included within the RCW 82.04.050 definition of retail 12
sale; 13
(c) Services, other than digital automated services, included 14
within the RCW 82.04.050 definition of retail sale;15
(d) Extended warranties to consumers; and 16
(e) Anything else, the sale of which is included within the RCW 17
82.04.050 definition of retail sale. 18
(2)(a) There is levied and collected an additional tax on each 19
retail car rental, regardless of whether the vehicle is licensed in 20
this state, equal to ((five and nine-tenths percent of the selling 21
price. The revenue collected under)):22
(i) Eleven and nine-tenths percent of the selling price from 23
January 1, 2026, through December 31, 2026; and24
(ii)(A) Nine and nine-tenths percent of the selling price 25
beginning January 1, 2027.26
(B) The revenue collected from the first five and nine-tenths 27
percent of the selling price under (a) of this subsection must be 28
deposited in the multimodal transportation account created in RCW 29
47.66.070 with the remainder deposited in the move ahead WA flexible 30
account created in RCW 46.68.520.31
(b)(i) There is levied and collected an additional tax on peer-32
to-peer car sharing transactions equal to the selling price 33
multiplied by the rate of tax imposed in (a) of this subsection. The 34
revenue collected under this subsection (2)(b) must be deposited in 35
the move ahead WA flexible account created in RCW 46.68.520.36
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(ii) For purposes of this subsection (2)(b), "peer-to-peer car 1
sharing" has the same meaning as in RCW 46.74A.010. "Peer-to-peer car 2
sharing" does not mean:3
(A) "Retail car rental" as defined in RCW 82.08.011; or4
(B) "Rental car" as defined in RCW 46.04.465 or 48.115.005.5
(3) Beginning July 1, 2003, there is levied and collected an 6
additional tax of three-tenths of one percent of the selling price on 7
each retail sale of a motor vehicle in this state, other than retail 8
car rentals taxed under subsection (2) of this section. The revenue 9
collected under this subsection must be deposited in the multimodal 10
transportation account created in RCW 47.66.070. 11
(4)(a) In addition to the taxes imposed in subsections (1) and 12
(3) of this section, there is levied and collected an additional 10 13
percent luxury vehicle tax on the sale of a passenger motor vehicle 14
if:15
(i) The selling price of the passenger motor vehicle exceeds 16
$100,000; or17
(ii) In the case of a lease requiring periodic payments, the fair 18
market value of the passenger motor vehicle exceeds $100,000 at the 19
inception of the lease.20
(b) The additional tax imposed in this subsection applies to 21
passenger motor vehicles not used exclusively for a business purpose.22
(c) The additional tax imposed in this subsection only applies to 23
the portion of the selling price in excess of $100,000, or in the 24
case of a lease requiring periodic payments, the fair market value of 25
the passenger motor vehicle in excess of $100,000 at the inception of 26
the lease.27
(d) For purposes of this subsection, "passenger motor vehicle" 28
means any motor vehicle that is designed for carrying 10 or fewer 29
passengers, including passenger cars, light trucks, limousines, 30
motorcycles, motor homes, passenger vans, and sport utility vehicles. 31
For purposes of this subsection (4), the definitions in chapter 46.04 32
RCW apply.33
(e) The revenue collected under this subsection must be deposited 34
in the move ahead WA flexible account created in RCW 46.68.520.35
(5) For purposes of subsection (3) of this section, "motor 36
vehicle" has the meaning provided in RCW 46.04.320, but does not 37
include: 38
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(a) Farm tractors or farm vehicles as defined in RCW 46.04.180 1
and 46.04.181, unless the farm tractor or farm vehicle is for use in 2
the production of cannabis; 3
(b) Off-road vehicles as defined in RCW 46.04.365;4
(c) Nonhighway vehicles as defined in RCW 46.09.310; and5
(d) Snowmobiles as defined in RCW 46.04.546. 6
(((5))) (6) Beginning on December 8, 2005, 0.16 percent of the 7
taxes collected under subsection (1) of this section must be 8
dedicated to funding comprehensive performance audits required under 9
RCW 43.09.470. The revenue identified in this subsection must be 10
deposited in the performance audits of government account created in 11
RCW 43.09.475. 12
(((6))) (7) The taxes imposed under this chapter apply to 13
successive retail sales of the same property. 14
(((7))) (8) The rates provided in this section apply to taxes 15
imposed under chapter 82.12 RCW as provided in RCW 82.12.020.16
Sec. 202. RCW 82.12.020 and 2017 c 323 s 520 are each amended to 17
read as follows: 18
(1) There is levied and collected from every person in this state 19
a tax or excise for the privilege of using within this state as a 20
consumer any: 21
(a) Article of tangible personal property acquired by the user in 22
any manner, including tangible personal property acquired at a casual 23
or isolated sale, and including by-products used by the manufacturer 24
thereof, except as otherwise provided in this chapter, irrespective 25
of whether the article or similar articles are manufactured or are 26
available for purchase within this state; 27
(b) Prewritten computer software, regardless of the method of 28
delivery, but excluding prewritten computer software that is either 29
provided free of charge or is provided for temporary use in viewing 30
information, or both; 31
(c) Services defined as a retail sale in RCW 82.04.050 (2) (a) or 32
(g) or (6)(c), excluding services defined as a retail sale in RCW 33
82.04.050(6)(c) that are provided free of charge; 34
(d) Extended warranty; or 35
(e)(i) Digital good, digital code, or digital automated service, 36
including the use of any services provided by a seller exclusively in 37
connection with digital goods, digital codes, or digital automated 38
services, whether or not a separate charge is made for such services.39
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(ii) With respect to the use of digital goods, digital automated 1
services, and digital codes acquired by purchase, the tax imposed in 2
this subsection (1)(e) applies in respect to: 3
(A) Sales in which the seller has granted the purchaser the right 4
of permanent use; 5
(B) Sales in which the seller has granted the purchaser a right 6
of use that is less than permanent; 7
(C) Sales in which the purchaser is not obligated to make 8
continued payment as a condition of the sale; and 9
(D) Sales in which the purchaser is obligated to make continued 10
payment as a condition of the sale. 11
(iii) With respect to digital goods, digital automated services, 12
and digital codes acquired other than by purchase, the tax imposed in 13
this subsection (1)(e) applies regardless of whether or not the 14
consumer has a right of permanent use or is obligated to make 15
continued payment as a condition of use. 16
(2) The provisions of this chapter do not apply in respect to the 17
use of any article of tangible personal property, extended warranty, 18
digital good, digital code, digital automated service, or service 19
taxable under RCW 82.04.050 (2) (a) or (g) or (6)(c), if the sale to, 20
or the use by, the present user or the present user's bailor or donor 21
has already been subjected to the tax under chapter 82.08 RCW or this 22
chapter and the tax has been paid by the present user or by the 23
present user's bailor or donor. 24
(3)(a) Except as provided in this section, payment of the tax 25
imposed by this chapter or chapter 82.08 RCW by one purchaser or user 26
of tangible personal property, extended warranty, digital good, 27
digital code, digital automated service, or other service does not 28
have the effect of exempting any other purchaser or user of the same 29
property, extended warranty, digital good, digital code, digital 30
automated service, or other service from the taxes imposed by such 31
chapters. 32
(b) The tax imposed by this chapter does not apply:33
(i) If the sale to, or the use by, the present user or his or her 34
bailor or donor has already been subjected to the tax under chapter 35
82.08 RCW or this chapter and the tax has been paid by the present 36
user or by his or her bailor or donor; 37
(ii) In respect to the use of any article of tangible personal 38
property acquired by bailment and the tax has once been paid based on 39
reasonable rental as determined by RCW 82.12.060 measured by the 40
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value of the article at time of first use multiplied by the tax rate 1
imposed by chapter 82.08 RCW or this chapter as of the time of first 2
use; 3
(iii) In respect to the use of any article of tangible personal 4
property acquired by bailment, if the property was acquired by a 5
previous bailee from the same bailor for use in the same general 6
activity and the original bailment was prior to June 9, 1961; or7
(iv) To the use of digital goods or digital automated services, 8
which were obtained through the use of a digital code, if the sale of 9
the digital code to, or the use of the digital code by, the present 10
user or the present user's bailor or donor has already been subjected 11
to the tax under chapter 82.08 RCW or this chapter and the tax has 12
been paid by the present user or by the present user's bailor or 13
donor. 14
(4)(a) Except as provided in (b) of this subsection (4), the tax 15
is levied and must be collected in an amount equal to the value of 16
the article used, value of the digital good or digital code used, 17
value of the extended warranty used, or value of the service used by 18
the taxpayer, multiplied by the applicable rates in effect for the 19
retail sales tax under RCW 82.08.020. 20
(b) In the case of a seller required to collect use tax from the 21
purchaser, the tax must be collected in an amount equal to the 22
purchase price multiplied by the applicable rate in effect for the 23
retail sales tax under RCW 82.08.020. 24
(5) For purposes of the tax imposed in this section, "person" 25
includes anyone within the definition of "buyer," "purchaser," and 26
"consumer" in RCW 82.08.010. 27
(6)(a) The tax imposed in this section at the rate provided in 28
RCW 82.08.020(4) applies to the use of a passenger motor vehicle as 29
defined in RCW 82.08.020(4) on the value of the passenger motor 30
vehicle in excess of $100,000 at the time that it is first used in 31
this state by the consumer.32
(b) "Value of the passenger motor vehicle" means the fair market 33
value of the passenger motor vehicle. In the case of a leased 34
passenger motor vehicle in which the consumer is required to make 35
periodic lease payments, "value of the passenger motor vehicle" means 36
the fair market value of the passenger motor vehicle at the inception 37
of the lease.38
(c) The revenue collected under this subsection must be deposited 39
in the move ahead WA flexible account created in RCW 46.68.520.40
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NEW SECTION. Sec. 203. The additional sales and use tax imposed 1
in sections 201 and 202 of this act applies only to passenger motor 2
vehicles acquired by the purchaser on or after January 1, 2026. In 3
the case of leased passenger motor vehicles, the additional sales and 4
use tax imposed in sections 201 and 202 of this act applies only with 5
respect to leases entered into by the lessee on or after January 1, 6
2026.7
NEW SECTION. Sec. 204. (1)(a) In addition to taxes required 8
under chapters 82.08 and 82.12 RCW, there is levied and collected an 9
electric bicycle surcharge equal to 10 percent of the selling price 10
on each retail sale in this state of new electric bicycles.11
(b) All electric bicycle surcharge amounts shall be reported and 12
remitted to the department in a manner and frequency consistent with 13
the reporting and remittance of state sales taxes, and on such forms 14
as the department shall prescribe and approve. 15
(c) The tax collected by the electric bicycle retailer is deemed 16
to be held in trust until paid to the department. Any electric 17
bicycle retailer who appropriates or converts the tax collected to 18
the dealer's own use or to any use other than the payment of the tax 19
to the extent that the money required to be collected is not 20
available for payment on the due date as prescribed in this chapter 21
is guilty of a gross misdemeanor. 22
(2) The definitions in this subsection apply throughout this 23
chapter, unless the context clearly requires otherwise.24
(a) "Electric bicycle" has the same meaning as "electric-assisted 25
bicycle" as provided in RCW 46.04.169. 26
(b) "Selling price" has the same meaning as provided in RCW 27
82.08.010. 28
NEW SECTION. Sec. 205. The revenue collected under this chapter 29
must be deposited in the move ahead WA flexible account created in 30
RCW 46.68.520.31
NEW SECTION. Sec. 206. Chapter 82.32 RCW applies to the 32
administration of the electric bicycle surcharge authorized in this 33
chapter.34
NEW SECTION. Sec. 207. (1) The electric bicycle surcharge 35
authorized in this chapter does not apply to any transaction that the 36
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state is prohibited from taxing under the Constitution of this state 1
or the Constitution or laws of the United States. 2
(2) There are no other exemptions from this tax.3
NEW SECTION. Sec. 208. Sections 204 through 207 of this act 4
constitute a new chapter in Title 82 RCW.5
Sec. 209. RCW 70A.205.405 and 2020 c 20 s 1190 are each amended 6
to read as follows: 7
(1) There is levied a ((one dollar )) $5 per tire fee on the 8
retail sale of new replacement vehicle tires. The fee imposed in this 9
section must be paid by the buyer to the seller, and each seller 10
shall collect from the buyer the full amount of the fee. The fee 11
collected from the buyer by the seller less the ((ten percent )) 12
amount retained by the seller as provided in RCW 70A.205.430(1) must 13
be paid to the department of revenue in accordance with RCW 14
82.32.045. 15
(2) The department of revenue shall incorporate into the agency's 16
regular audit cycle a reconciliation of the number of tires sold and 17
the amount of revenue collected by the businesses selling new 18
replacement vehicle tires at retail. The department of revenue shall 19
collect on the business excise tax return from the businesses selling 20
new replacement vehicle tires at retail: 21
(a) The number of tires sold; and 22
(b) The fee levied in this section. 23
(3) All other applicable provisions of chapter 82.32 RCW have 24
full force and application with respect to the fee imposed under this 25
section. The department of revenue shall administer this section.26
(4) For the purposes of this section, "new replacement vehicle 27
tires" means tires that are newly manufactured for vehicle purposes 28
and does not include retreaded vehicle tires. 29
Sec. 210. RCW 70A.205.430 and 2020 c 20 s 1193 are each amended 30
to read as follows: 31
(1) Every person engaged in making retail sales of new 32
replacement vehicle tires in this state shall retain ((ten percent of 33
the collected one dollar fee )) 25 cents for each tire subject to the 34
fee imposed under RCW 70A.205.405. The moneys retained may be used 35
for costs associated with the proper management of the waste vehicle 36
tires by the retailer. 37
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(2) The department of ecology will administer the funds for the 1
purposes specified in RCW 70A.205.010(6) including, but not limited 2
to: 3
(a) Making grants to local governments for pilot demonstration 4
projects for on-site shredding and recycling of tires from 5
unauthorized dump sites; 6
(b) Grants to local government for enforcement programs;7
(c) Implementation of a public information and education program 8
to include posters, signs, and informational materials to be 9
distributed to retail tire sales and tire service outlets;10
(d) Product marketing studies for recycled tires and alternatives 11
to land disposal. 12
Sec. 211. RCW 70A.205.425 and 2020 c 20 s 1192 are each amended 13
to read as follows: 14
(1) ((All receipts from)) The first $600,000 of the receipts from 15
the tire fees imposed under RCW 70A.205.405((, except as provided in 16
subsection (2) of this section, )) each fiscal year must be deposited 17
in the waste tire removal account created under RCW 70A.205.415 with 18
remainder distributed as provided in subsection (2) of this section . 19
Moneys in the account may be spent only after appropriation. 20
Expenditures from the account may be used for the cleanup of 21
unauthorized waste tire piles and measures that prevent future 22
accumulation of unauthorized waste tire piles. 23
(2) ((On September 1st of odd-numbered years, the state treasurer 24
must transfer any cash balance in excess of one million dollars from 25
the waste tire removal account created under RCW 70A.205.415 to)) (a) 26
After making the deposit required under subsection (1) of this 27
section, $4,750,000 of the remaining net receipts from the tire fee 28
imposed under RCW 70A.205.405 each fiscal year must be deposited in 29
the motor vehicle fund for the purpose of road wear related 30
maintenance on state and local public highways. 31
(b) All remaining receipts from the tire fee imposed under RCW 32
70A.205.405 each fiscal year must be deposited in the move ahead WA 33
flexible account created in RCW 46.68.520.34
NEW SECTION. Sec. 212. LARGE EVENT TRANSPORTATION ASSESSMENT. 35
(1) Beginning January 1, 2026, a large event transportation 36
assessment is imposed on large events occurring at a large event 37
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facility. The amount of the assessment is $1 per attendee of the 1
large event. 2
(2) The large event transportation assessment is a legal 3
obligation of the large event facility operator, but may be 4
separately listed for informational purposes on customer ticket or 5
billing documents. If a large event is canceled or postponed, the 6
large event assessment is not due and payable until after the large 7
event has occurred. For an event occurring over multiple days, the 8
large event transportation assessment is assessed for each day the 9
event constitutes a large event. 10
(3) The large event transportation assessment does not apply to 11
the area fairs, county fairs, community fairs, or youth shows and 12
fairs described in RCW 15.76.120 or any state fair.13
(4) For the purposes of this chapter, the following definitions 14
apply unless the context clearly requires otherwise.15
(a) "Attendee" means an individual admitted or attending a large 16
event by paying an admission charge, purchasing a ticket including 17
season tickets, subscription, or admitted to the large event free of 18
charge, at a reduced rate, or based on a complimentary admission. An 19
attendee also includes individuals working at the large event or 20
providing contracted services on the premises, including assisting 21
with parking. 22
(b) "Event day" means each day that a sports contest, concert, 23
trade convention, or any other similar activity, takes place.24
(c) "Large event" means any sports contest, concert, trade 25
convention, or any other similar activity, which draws at least 26
20,000 attendees on an event day. "Large event" does not include any 27
state or local fairs, including youth shows and fairs described in 28
RCW 15.76.120. 29
(d) "Large event facility" means a facility described under RCW 30
82.29A.130 (14) or (15). "Large event facility" also includes a 31
convention center, amusement park, or any other sports facility, 32
concert venue, or similar public entertainment or spectator venue 33
that is specifically designed to accommodate or seat at least 20,000 34
attendees per event day. 35
(e) "Large event facility operator" means the owner or operator 36
of a large event facility. 37
NEW SECTION. Sec. 213. COLLECTION AND ADMINISTRATION. The 38
department may adopt such rules as may be necessary to enforce and 39
p. 19 SB 5801
administer the provisions of this chapter. To the extent applicable, 1
chapter 82.32 RCW applies to the large event transportation 2
assessment imposed in this chapter. 3
NEW SECTION. Sec. 214. Revenues collected under this chapter 4
must be deposited in the move ahead WA flexible account created in 5
RCW 46.68.520.6
NEW SECTION. Sec. 215. The provisions of RCW 82.32.805 and 7
82.32.808 do not apply to sections 212 through 214 of this act.8
NEW SECTION. Sec. 216. Sections 212 through 214 of this act 9
constitute a new chapter in Title 82 RCW.10
PART III11
DRIVER'S LICENSE FEES, WORK ZONE VIOLATIONS, TRAFFIC INFRACTIONS, 12
VEHICLE REGISTRATION SYSTEM FOR TRANSIT, AND CREDIT CARD SURCHARGES 13
FOR FERRY RIDERS14
Sec. 301. RCW 46.20.161 and 2024 c 146 s 29 are each amended to 15
read as follows: 16
(1)(a) The department, upon receipt of a fee of ((seventy-two 17
dollars)) $80, unless the driver's license is issued for a period 18
other than eight years, in which case the fee shall be ((nine 19
dollars)) $10 for each year that the license is issued, which 20
includes the fee for the required photograph, shall issue to every 21
qualifying applicant a driver's license. 22
(b) Beginning July 1, 2026, and on July 1st of each year 23
thereafter, the fee under (a) of this subsection must be increased by 24
an additional inflation adjustment factor. The additional inflation 25
adjustment factor is the fee rate as of June 30th of the immediately 26
preceding fiscal year increased by two percent. The result must be 27
rounded to the nearest 20th of $1.28
(c) A driver's license issued to a person under the age of 29
((eighteen)) 18 is an intermediate license, subject to the 30
restrictions imposed under RCW 46.20.075, until the person reaches 31
the age of eighteen. 32
(2) The license must include: 33
(a) A distinguishing number assigned to the licensee;34
(b) The name of record; 35
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(c) Date of birth; 1
(d) Washington residence address; 2
(e) Photograph; 3
(f) A brief description of the licensee; 4
(g) Either a facsimile of the signature of the licensee or a 5
space upon which the licensee shall write the licensees' usual 6
signature with pen and ink immediately upon receipt of the license;7
(h) If applicable, the person's status as a veteran as provided 8
in subsection (4) of this section; and 9
(i) If applicable, a medical alert designation as provided in 10
subsection (5) of this section. 11
(3) No license is valid until it has been signed by the licensee.12
(4)(a) A veteran, as defined in RCW 41.04.007, may apply to the 13
department to obtain a veteran designation on a driver's license 14
issued under this section by providing: 15
(i) A United States department of veterans affairs identification 16
card or proof of service letter; 17
(ii) A United States department of defense discharge document, DD 18
Form 214 or DD Form 215, as it exists on June 7, 2018, or such 19
subsequent date as may be provided by the department by rule, 20
consistent with the purposes of this section, or equivalent or 21
successor discharge paperwork, that establishes the person's service 22
in the armed forces of the United States and qualifying discharge as 23
defined in RCW 73.04.005; 24
(iii) A national guard state-issued report of separation and 25
military service, NGB Form 22, as it exists on June 7, 2018, or such 26
subsequent date as may be provided by the department by rule, 27
consistent with the purposes of this section, or equivalent or 28
successor discharge paperwork, that establishes the person's active 29
duty or reserve service in the national guard and qualifying 30
discharge as defined in RCW 73.04.005; or 31
(iv) A United States uniformed services identification card, DD 32
Form 2, that displays on its face that it has been issued to a 33
retired member of any of the armed forces of the United States, 34
including the national guard and armed forces reserves.35
(b) The department may permit a veteran, as defined in RCW 36
41.04.007, to submit alternate forms of documentation to apply to 37
obtain a veteran designation on a driver's license.38
(5) Any person may apply to the department to obtain a medical 39
alert designation, a developmental disability designation, or a 40
p. 21 SB 5801
deafness designation on a driver's license issued under this chapter 1
by providing: 2
(a) Self-attestation that the individual: 3
(i) Has a medical condition that could affect communication or 4
account for a driver health emergency; 5
(ii) Is deaf or hard of hearing; or 6
(iii) Has a developmental disability as defined in RCW 7
71A.10.020; 8
(b) A statement from the person that they have voluntarily 9
provided the self-attestation and other information verifying the 10
condition; and 11
(c) For persons under ((eighteen)) 18 years of age or who have a 12
developmental disability, the signature of a parent or legal 13
guardian. 14
(6) A self-attestation or data contained in a self-attestation 15
provided under this section: 16
(a) Shall not be disclosed; 17
(b) Is for the confidential use of the director, the chief of the 18
Washington state patrol, and law enforcement and emergency medical 19
service providers as designated by law; and 20
(c) Is subject to the privacy protections of the driver's privacy 21
protection act, 18 U.S.C. Sec. 2725. 22
Sec. 302. RCW 46.20.181 and 2021 c 158 s 8 are each amended to 23
read as follows: 24
(1) Except as provided in subsection (4) or (5) of this section, 25
every driver's license expires on the eighth anniversary of the 26
licensee's birthdate following the issuance of the license.27
(2)(a) A person may renew a license on or before the expiration 28
date by submitting an application as prescribed by the department and 29
paying a fee of ((seventy-two dollars)) $80. 30
(b) Beginning July 1, 2026, and on July 1st of each year 31
thereafter, the fee under (a) of this subsection must be increased by 32
an additional inflation adjustment factor. The additional inflation 33
adjustment factor is the fee rate as of June 30th of the immediately 34
preceding fiscal year increased by two percent. The result must be 35
rounded to the nearest 20th of $1.36
(c) This fee includes the fee for the required photograph.37
(3) A person renewing a driver's license more than ((sixty)) 60 38
days after the license has expired shall pay a penalty fee of ((ten 39
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dollars)) $10 in addition to the renewal fee, unless the license 1
expired when: 2
(a) The person was outside the state and the licensee renews the 3
license within ((sixty)) 60 days after returning to this state; or4
(b) The person was incapacitated and the licensee renews the 5
license within ((sixty)) 60 days after the termination of the 6
incapacity. 7
(4)(a) The department may issue or renew a driver's license for a 8
period other than eight years, or may extend by mail or electronic 9
commerce a license that has already been issued. The fee for a 10
driver's license issued or renewed for a period other than eight 11
years, or that has been extended by mail or electronic commerce, is 12
((nine dollars )) $10 for each year that the license is issued, 13
renewed, or extended. 14
(b) Beginning July 1, 2026, and on July 1st of each year 15
thereafter, the fee under (a) of this subsection must be increased by 16
an additional inflation adjustment factor. The additional inflation 17
adjustment factor is the fee rate as of June 30th of the immediately 18
preceding fiscal year increased by two percent. The result must be 19
rounded to the nearest 20th of $1.20
(c) The department must offer the option to issue or renew a 21
driver's license for six years in addition to the eight year 22
issuance. The department may adopt any rules as are necessary to 23
carry out this subsection. 24
(5) A driver's license that includes a hazardous materials 25
endorsement under chapter 46.25 RCW may expire on an anniversary of 26
the licensee's birthdate other than the eighth year following 27
issuance or renewal of the license in order to match, as nearly as 28
possible, the validity of certification from the federal 29
transportation security administration that the licensee has been 30
determined not to pose a security risk. The fee for a driver's 31
license issued or renewed for a period other than eight years is 32
((nine dollars )) $9 for each year that the license is issued or 33
renewed, not including any endorsement fees. The department may 34
adjust the expiration date of a driver's license that has previously 35
been issued to conform to the provisions of this subsection if a 36
hazardous materials endorsement is added to the license subsequent to 37
its issuance. If the validity of the driver's license is extended, 38
the licensee must pay a fee of ((nine dollars)) $9 for each year that 39
the license is extended. 40
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(6) The department may adopt any rules as are necessary to carry 1
out this section. 2
Sec. 303. RCW 46.20.117 and 2024 c 315 s 4 and 2024 c 162 s 3 3
are each reenacted and amended to read as follows: 4
(1) Issuance. The department shall issue an identicard, 5
containing a picture, if the applicant: 6
(a) Does not hold a valid Washington driver's license;7
(b) Proves the applicant's identity as required by RCW 46.20.035; 8
and 9
(c) Pays the required fee. Except as provided in subsection (7) 10
of this section, the fee is (($72)) $80, unless an applicant is:11
(i) A recipient of continuing public assistance grants under 12
Title 74 RCW, or a participant in the Washington women, infants, and 13
children program. Any applicant under this subsection must be 14
verified by documentation sufficient to demonstrate eligibility;15
(ii) Under the age of 25 and does not have a permanent residence 16
address as determined by the department by rule; or17
(iii) An individual who is scheduled to be released from an 18
institution as defined in RCW 13.40.020, a community facility as 19
defined in RCW 72.05.020, a correctional facility as defined in RCW 20
72.09.015, or other juvenile rehabilitation facility operated by the 21
department of social and health services or the department of 22
children, youth, and families; or an individual who has been released 23
from such an institution or facility within 30 calendar days before 24
the date of the application. 25
For those persons under (c)(i) through (iii) of this subsection, 26
the fee must be the actual cost of production of the identicard.27
(2)(a) Design and term. The identicard must: 28
(i) Be distinctly designed so that it will not be confused with 29
the official driver's license; and 30
(ii) Except as provided in subsection (7) of this section, expire 31
on the eighth anniversary of the applicant's birthdate after 32
issuance. 33
(b) The identicard may include the person's status as a veteran, 34
consistent with RCW 46.20.161(4). 35
(c) If applicable, the identicard may include a medical alert 36
designation as provided in subsection (5) of this section.37
(3) Renewal. An application for identicard renewal may be 38
submitted by means of: 39
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(a) Personal appearance before the department; 1
(b) Mail or electronic commerce, if permitted by rule of the 2
department and if the applicant did not renew the identicard by mail 3
or by electronic commerce when it last expired; or 4
(c) From January 1, 2022, to June 30, 2024, electronic commerce, 5
if permitted by rule of the department. 6
An identicard may not be renewed by mail or by electronic 7
commerce unless the renewal issued by the department includes a 8
photograph of the identicard holder. 9
(4) Cancellation. The department may cancel an identicard if the 10
holder of the identicard used the card or allowed others to use the 11
card in violation of RCW 46.20.0921. 12
(5) Any person may apply to the department to obtain a medical 13
alert designation, a developmental disability designation, or a 14
deafness designation on an identicard issued under this chapter by 15
providing: 16
(a) Self-attestation that the individual: 17
(i) Has a medical condition that could affect communication or 18
account for a health emergency; 19
(ii) Is deaf or hard of hearing; or 20
(iii) Has a developmental disability as defined in RCW 21
71A.10.020; 22
(b) A statement from the person that they have voluntarily 23
provided the self-attestation and other information verifying the 24
condition; and 25
(c) For persons under 18 years of age or who have a developmental 26
disability, the signature of a parent or legal guardian.27
(6) A self-attestation or data contained in a self-attestation 28
provided under this section: 29
(a) Shall not be disclosed; and 30
(b) Is for the confidential use of the director, the chief of the 31
Washington state patrol, and law enforcement and emergency medical 32
service providers as designated by law. 33
(7) Alternative issuance/renewal/extension . The department may 34
issue or renew an identicard for a period other than eight years, or 35
may extend by mail or electronic commerce an identicard that has 36
already been issued. The fee for an identicard issued or renewed for 37
a period other than eight years, or that has been extended by mail or 38
electronic commerce, is (($9)) $10 for each year that the identicard 39
is issued, renewed, or extended. The department must offer the option 40
p. 25 SB 5801
to issue or renew an identicard for six years in addition to the 1
eight year issuance. The department may adopt any rules as are 2
necessary to carry out this subsection. 3
(8) Identicard photos must be updated in the same manner as 4
driver's license photos under RCW 46.20.120(5). 5
(9) Beginning July 1, 2026, and on July 1st of each year 6
thereafter, the fees under subsections (1) and (7) of this section 7
must be increased by an additional inflation adjustment factor. The 8
additional inflation adjustment factor is the fee rate as of June 9
30th of the immediately preceding fiscal year increased by two 10
percent. The result must be rounded to the nearest 20th of $1.11
Sec. 304. RCW 46.68.041 and 2022 c 182 s 210 are each amended to 12
read as follows: 13
(1) Except as provided in subsections (2) ((and (3))) through (5) 14
of this section, the department must forward all funds accruing under 15
the provisions of chapter 46.20 RCW together with a proper 16
identifying, detailed report to the state treasurer who must deposit 17
such moneys to the credit of the highway safety fund.18
(2) Fifty-six percent of each fee collected by the department 19
under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) must be 20
deposited in the impaired driving safety account. 21
(3) Fifty percent of the revenue from the fees imposed under RCW 22
46.20.200(2) must be deposited in the move ahead WA flexible account 23
created in RCW 46.68.520. 24
(4) Ten percent of the revenue collected from the fees imposed 25
under the following must be deposited in the move ahead WA flexible 26
account created in RCW 46.68.520:27
(a) RCW 46.20.117 (1) and (7);28
(b) RCW 46.20.161(1)(a); and29
(c) RCW 46.20.181 (2)(a) and (4)(a).30
(5) All revenue generated from the additional inflation 31
adjustment factor under the following must be deposited in the move 32
ahead WA flexible account created in RCW 46.68.520:33
(a) RCW 42.20.161(1)(b);34
(b) RCW 42.20.181 (2)(b) and (4)(b); and35
(c) RCW 46.20.117(9).36
Sec. 305. RCW 46.63.200 and 2024 c 308 s 4 are each amended to 37
read as follows: 38
p. 26 SB 5801
(1) This section applies to the use of speed safety camera 1
systems in state highway work zones. 2
(2) Nothing in this section prohibits a law enforcement officer 3
from issuing a notice of infraction to a person in control of a 4
vehicle at the time a violation occurs under RCW 46.63.030(1) (a), 5
(b), or (c). 6
(3)(a) The department of transportation is responsible for all 7
actions related to the operation and administration of speed safety 8
camera systems in state highway work zones including, but not limited 9
to, the procurement and administration of contracts necessary for the 10
implementation of speed safety camera systems, the mailing of notices 11
of infraction, and the development and maintenance of a public-facing 12
website for the purpose of educating the traveling public about the 13
use of speed safety camera systems in state highway work zones. Prior 14
to the use of a speed safety camera system to capture a violation 15
established in this section for enforcement purposes, the department 16
of transportation, in consultation with the Washington state patrol, 17
department of licensing, office of administrative hearings, 18
Washington traffic safety commission, and other organizations 19
committed to protecting civil rights, must adopt rules addressing 20
such actions and take all necessary steps to implement this section.21
(b) The Washington state patrol is responsible for all actions 22
related to the enforcement and adjudication of speed violations under 23
this section including, but not limited to, notice of infraction 24
verification and issuance authorization, and determining which types 25
of emergency vehicles are exempt from being issued notices of 26
infraction under this section. Prior to the use of a speed safety 27
camera system to capture a violation established in this section for 28
enforcement purposes, the Washington state patrol, in consultation 29
with the department of transportation, department of licensing, 30
office of administrative hearings, Washington traffic safety 31
commission, and other organizations committed to protecting civil 32
rights, must adopt rules addressing such actions and take all 33
necessary steps to implement this section. 34
(c) When establishing rules under this subsection (3), the 35
department of transportation and the Washington state patrol may also 36
consult with other public and private agencies that have an interest 37
in the use of speed safety camera systems in state highway work 38
zones. 39
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(4)(a) No person may drive a vehicle in a state highway work zone 1
at a speed greater than that allowed by traffic control devices.2
(b) A notice of infraction may only be issued under this section 3
if a speed safety camera system captures a speed violation in a state 4
highway work zone when workers are present. 5
(5) The penalty for a speed safety camera system violation is: 6
(a) (($0)) $125 for the first violation; and (b) $248 for the second 7
violation, and for each violation thereafter. 8
(6) During the 30-day period after the first speed safety camera 9
system is put in place, the department is required to conduct a 10
public awareness campaign to inform the public of the use of speed 11
safety camera systems in state highway work zones.12
(7)(a) A notice of infraction issued under this section may be 13
mailed to the registered owner of the vehicle within 30 days of the 14
violation, or to the renter of a vehicle within 30 days of 15
establishing the renter's name and address. The law enforcement 16
officer issuing the notice of infraction shall include with it a 17
certificate or facsimile thereof, based upon inspection of 18
photographs, microphotographs, or electronic images produced by a 19
speed safety camera stating the facts supporting the notice of 20
infraction. This certificate or facsimile is prima facie evidence of 21
the facts contained in it and is admissible in a proceeding charging 22
a violation under this section. The photographs, microphotographs, or 23
electronic images evidencing the violation must be available for 24
inspection and admission into evidence in a proceeding to adjudicate 25
the liability for the violation. 26
(b) A notice of infraction represents a determination that an 27
infraction has been committed, and the determination will be final 28
unless contested as provided under this section. 29
(c) A person receiving a notice of infraction based on evidence 30
detected by a speed safety camera system must, within 30 days of 31
receiving the notice of infraction: (i) Except for a first violation 32
under subsection (5)(a) of this section, remit payment in the amount 33
of the penalty assessed for the violation; (ii) contest the 34
determination that the infraction occurred by following the 35
instructions on the notice of infraction; or (iii) admit to the 36
infraction but request a hearing to explain mitigating circumstances 37
surrounding the infraction. 38
(d) If a person fails to respond to a notice of infraction, a 39
final order shall be entered finding that the person committed the 40
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infraction and assessing monetary penalties required under subsection 1
(5)(b) of this section. 2
(e) If a person contests the determination that the infraction 3
occurred or requests a mitigation hearing, the notice of infraction 4
shall be referred to the office of administrative hearings for 5
adjudication consistent with chapter 34.05 RCW. 6
(f) At a hearing to contest an infraction, the agency issuing the 7
infraction has the burden of proving, by a preponderance of the 8
evidence, that the infraction was committed. 9
(g) A person may request a payment plan at any time for the 10
payment of any penalty or other monetary obligation associated with 11
an infraction under this section. The agency issuing the infraction 12
shall provide information about how to submit evidence of inability 13
to pay, how to obtain a payment plan, and that failure to pay or 14
enter into a payment plan may result in collection action or 15
nonrenewal of the vehicle registration. The office of administrative 16
hearings may authorize a payment plan if it determines that a person 17
is not able to pay the monetary obligation, and it may modify a 18
payment plan at any time. 19
(8)(a) Speed safety camera systems may only take photographs, 20
microphotographs, or electronic images of the vehicle and vehicle 21
license plate and only while a speed violation is occurring. The 22
photograph, microphotograph, or electronic image must not reveal the 23
face of the driver or any passengers in the vehicle. The department 24
of transportation shall consider installing speed safety camera 25
systems in a manner that minimizes the impact of camera flash on 26
drivers. 27
(b) The registered owner of a vehicle is responsible for a 28
traffic infraction under RCW 46.63.030 unless the registered owner 29
overcomes the presumption in RCW 46.63.075 or, in the case of a 30
rental car business, satisfies the conditions under (f) of this 31
subsection. If appropriate under the circumstances, a renter 32
identified under (f)(i) of this subsection is responsible for the 33
traffic infraction. 34
(c) Notwithstanding any other provision of law, all photographs, 35
microphotographs, or electronic images, or any other personally 36
identifying data prepared under this section are for the exclusive 37
use of the Washington state patrol and department of transportation 38
in the discharge of duties under this section and are not open to the 39
public and may not be used in court in a pending action or proceeding 40
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unless the action or proceeding relates to a speed violation under 1
this section. This data may be used in administrative appeal 2
proceedings relative to a violation under this section.3
(d) All locations where speed safety camera systems are used must 4
be clearly marked before activation of the camera system by placing 5
signs in locations that clearly indicate to a driver that they are 6
entering a state highway work zone where posted speed limits are 7
monitored by a speed safety camera system. Additionally, where 8
feasible and constructive, radar speed feedback signs will be placed 9
in advance of the speed safety camera system to assist drivers in 10
complying with posted speed limits. Signs placed in these locations 11
must follow the specifications and guidelines under the manual of 12
uniform traffic control devices for streets and highways as adopted 13
by the department of transportation under chapter 47.36 RCW.14
(e) Imposition of a penalty for a speed violation detected 15
through the use of speed safety camera systems shall not be deemed a 16
conviction as defined in RCW 46.25.010, and shall not be part of the 17
registered owner's driving record under RCW 46.52.101 and 46.52.120. 18
Additionally, infractions generated by the use of speed safety camera 19
systems under this section shall be processed in the same manner as 20
parking infractions, including for the purposes of RCW 46.16A.120 and 21
46.20.270(2). 22
(f) If the registered owner of the vehicle is a rental car 23
business, the department of transportation shall, before a notice of 24
infraction may be issued under this section, provide a written notice 25
to the rental car business that a notice of infraction may be issued 26
to the rental car business if the rental car business does not, 27
within 30 days of receiving the written notice, provide to the 28
issuing agency by return mail: 29
(i)(A) A statement under oath stating the name and known mailing 30
address of the individual driving or renting the vehicle when the 31
speed violation occurred; 32
(B) A statement under oath that the business is unable to 33
determine who was driving or renting the vehicle at the time the 34
speed violation occurred because the vehicle was stolen at the time 35
of the violation. A statement provided under this subsection 36
(8)(f)(i)(B) must be accompanied by a copy of a filed police report 37
regarding the vehicle theft; or 38
(C) In lieu of identifying the vehicle operator, payment of the 39
applicable penalty. 40
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(ii) Timely mailing of a statement to the department of 1
transportation relieves a rental car business of any liability under 2
this chapter for the notice of infraction. 3
(9) Revenue generated from the deployment of speed safety camera 4
systems must be deposited into the highway safety fund and first used 5
exclusively for the operating and administrative costs under this 6
section. The operation of speed safety camera systems is intended to 7
increase safety in state highway work zones by changing driver 8
behavior. Consequently, any revenue generated that exceeds the 9
operating and administrative costs under this section must be 10
distributed for the purpose of traffic safety including, but not 11
limited to, driver training education and local DUI emphasis patrols.12
(10) The Washington state patrol and department of 13
transportation, in collaboration with the Washington traffic safety 14
commission, must report to the transportation committees of the 15
legislature by July 1, 2025, and biennially thereafter, on the data 16
and efficacy of speed safety camera system use in state highway work 17
zones. The final report due on July 1, 2029, must include a 18
recommendation on whether or not to continue such speed safety camera 19
system use beyond June 30, 2030. 20
(11) For the purposes of this section: 21
(a) "Speed safety camera system" means employing the use of speed 22
measuring devices and cameras synchronized to automatically record 23
one or more sequenced photographs, microphotographs, or other 24
electronic images of a motor vehicle that exceeds a posted state 25
highway work zone speed limit as detected by the speed measuring 26
devices. 27
(b) "State highway work zone" means an area of any highway with 28
construction, maintenance, utility work, or incident response 29
activities authorized by the department of transportation. A state 30
highway work zone is identified by the placement of temporary traffic 31
control devices that may include signs, channelizing devices, 32
barriers, pavement markings, and/or work vehicles with warning 33
lights. It extends from the first warning sign or high intensity 34
rotating, flashing, oscillating, or strobe lights on a vehicle to the 35
end road work sign or the last temporary traffic control device or 36
vehicle. 37
(12) This section expires June 30, 2030. 38
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Sec. 306. RCW 46.63.110 and 2024 c 308 s 3 are each amended to 1
read as follows: 2
(1)(a) A person found to have committed a traffic infraction 3
shall be assessed a monetary penalty. No penalty may exceed $250 for 4
each offense unless authorized by this chapter or title.5
(b) The court may waive or remit any monetary penalty, fee, cost, 6
assessment, or other monetary obligation associated with a traffic 7
infraction unless the specific monetary obligation in question is 8
prohibited from being waived or remitted by state law.9
(2) The monetary penalty for a violation of (a) RCW 46.55.105(2) 10
is $250 for each offense; (b) RCW 46.61.210(1) is $500 for each 11
offense. No penalty assessed under this subsection (2) may be 12
reduced. 13
(3) The supreme court shall prescribe by rule a schedule of 14
monetary penalties for designated traffic infractions. This rule 15
shall also specify the conditions under which local courts may 16
exercise discretion in assessing fines and penalties for traffic 17
infractions. The legislature respectfully requests the supreme court 18
to adjust this schedule every two years for inflation.19
(4) There shall be a penalty of $25 for failure to respond to a 20
notice of traffic infraction except where the infraction relates to 21
parking as defined by local law, ordinance, regulation, or resolution 22
or failure to pay a monetary penalty imposed pursuant to this 23
chapter. A local legislative body may set a monetary penalty not to 24
exceed $25 for failure to respond to a notice of traffic infraction 25
relating to parking as defined by local law, ordinance, regulation, 26
or resolution. The local court, whether a municipal, police, or 27
district court, shall impose the monetary penalty set by the local 28
legislative body. 29
(5) Monetary penalties provided for in chapter 46.70 RCW 30
((which)) that are civil in nature and penalties ((which)) that may 31
be assessed for violations of chapter 46.44 RCW relating to size, 32
weight, and load of motor vehicles are not subject to the limitation 33
on the amount of monetary penalties which may be imposed pursuant to 34
this chapter. 35
(6) Whenever a monetary penalty, fee, cost, assessment, or other 36
monetary obligation is imposed by a court under this chapter, it is 37
immediately payable and is enforceable as a civil judgment under 38
Title 6 RCW. If the court determines that a person is not able to pay 39
a monetary obligation in full, the court shall enter into a payment 40
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plan with the person in accordance with RCW 46.63.190 and standards 1
that may be set out in court rule. 2
(7) In addition to any other penalties imposed under this section 3
and not subject to the limitation of subsection (1) of this section, 4
a person found to have committed a traffic infraction shall be 5
assessed: 6
(a) A fee of $5 per infraction. Under no circumstances shall this 7
fee be reduced or waived. Revenue from this fee shall be forwarded to 8
the state treasurer for deposit in the emergency medical services and 9
trauma care system trust account under RCW 70.168.040;10
(b) A fee of $10 per infraction. Under no circumstances shall 11
this fee be reduced or waived. Revenue from this fee shall be 12
forwarded to the state treasurer for deposit in the general fund; 13
((and))14
(c) A fee of $5 per infraction. Under no circumstances shall this 15
fee be reduced or waived. Revenue from this fee shall be forwarded to 16
the state treasurer for deposit in the traumatic brain injury account 17
established in RCW 74.31.060; and18
(d) Beginning January 1, 2026, a fee of $10 per infraction. Under 19
no circumstances shall this fee be reduced or waived. Revenue from 20
this fee shall be forwarded to the state treasurer for deposit in the 21
highway safety fund created in RCW 46.68.060. 22
(8)(a) In addition to any other penalties imposed under this 23
section and not subject to the limitation of subsection (1) of this 24
section, a person found to have committed a traffic infraction other 25
than of RCW 46.61.527 or 46.61.212 shall be assessed an additional 26
penalty of $24. The court may not reduce, waive, or suspend the 27
additional penalty unless the court finds the offender to be 28
indigent. If a court authorized community restitution program for 29
offenders is available in the jurisdiction, the court shall allow 30
offenders to offset all or a part of the penalty due under this 31
subsection (8) by participation in the court authorized community 32
restitution program. 33
(b) $12.50 of the additional penalty under (a) of this subsection 34
shall be remitted to the state treasurer. The remaining revenue from 35
the additional penalty must be remitted under chapters 2.08, 3.46, 36
3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this 37
subsection to the state treasurer must be deposited as follows: $8.50 38
in the state general fund and $4 in the driver licensing technology 39
support account created under RCW 46.68.067. The moneys deposited 40
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into the driver licensing technology support account must be used to 1
support information technology systems used by the department to 2
communicate with the judicial information system, manage driving 3
records, and implement court orders. The balance of the revenue 4
received by the county or city treasurer under this subsection must 5
be deposited into the county or city current expense fund. Moneys 6
retained by the city or county under this subsection shall constitute 7
reimbursement for any liabilities under RCW 43.135.060.8
(9) If a legal proceeding, such as garnishment, has commenced to 9
collect any delinquent amount owed by the person for any penalty 10
imposed by the court under this section, the person may request a 11
payment plan pursuant to RCW 46.63.190. 12
(10) The monetary penalty for violating RCW 46.37.395 is: (a) 13
$250 for the first violation; (b) $500 for the second violation; and 14
(c) $750 for each violation thereafter. 15
(11) The additional monetary penalty for a violation of RCW 16
46.20.500 is not subject to assessments or fees provided under this 17
section. 18
(12) The additional monetary fine for a violation of RCW 19
46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205 20
is not subject to assessments or fees provided under this section.21
(13) The additional monetary penalties for a violation of RCW 22
46.61.165 are not subject to assessments or fees provided under this 23
section. 24
(14) The monetary penalty for a violation of RCW 46.63.200 is not 25
subject to assessments or fees provided under this section.26
(15) The monetary penalty for a violation of RCW 46.16A.030(5)(b) 27
is not subject to assessments or fees provided under this section.28
NEW SECTION. Sec. 307. A new section is added to chapter 47.60 29
RCW to read as follows: 30
The Washington state ferries shall implement cost recovery 31
mechanisms to recoup at least three percent in credit card and other 32
financial transaction costs related to the collection of ferry fares 33
imposed under RCW 47.60.290 and 47.60.315. As part of the cost 34
recovery mechanisms, the Washington state ferries may recover 35
transaction fees incurred through credit card transactions. The 36
Washington state ferries must notify customers of the fee at the 37
point-of-sale and itemize the fee on customer receipts. Costs 38
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recovered under this section may not be considered revenue for the 1
purposes of fare setting. 2
NEW SECTION. Sec. 308. (1) By September 1, 2025, the department 3
of licensing in conjunction with the Washington state department of 4
transportation, along with involvement from the Washington state 5
transit association, and other relevant parties, must determine a 6
recommended method of collection and schedule to compensate the state 7
for vehicle registration and other vehicle fee-related exemption 8
impacts from vehicles owned or operated by public transit agencies 9
and regional transit authorities.10
(2) The schedule and related provisions must calculate an 11
assessment for each bus and other motor vehicle for road use owned or 12
operated by each transit agency and the regional transit authority. 13
The fee schedule does not need to be uniform and may be different for 14
particular types or sizes of agencies, but the fee schedule must in 15
aggregate total $4,500,000 per year. The recommended method of 16
collection must include either the collection method identified in 17
section 309 or 310 of this act, or a combination thereof.18
(3) A final report with the recommended method of collection and 19
schedule must be submitted to the transportation committees of the 20
legislature by September 1, 2025. 21
NEW SECTION. Sec. 309. A new section is added to chapter 46.17 22
RCW to read as follows: 23
(1) Based on the recommended method of collection and schedule 24
resulting from the requirements of section 308 of this act, by 25
October 1, 2025, the department must begin collection, if applicable, 26
of the $4,500,000 per year collection amount for fiscal year 2026, or 27
the appropriate portion thereof, from public transit agencies and the 28
regional transit authority using the most cost efficient collection 29
method as deemed appropriate. 30
(2) The department must then collect the $4,500,000 collection 31
amount for each subsequent fiscal year, or the appropriate portion 32
thereof, using the most cost efficient collection method as deemed 33
appropriate. 34
(3) The assessments collected under this section must be 35
deposited in the move ahead WA flexible account created in RCW 36
46.68.520. 37
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NEW SECTION. Sec. 310. A new section is added to chapter 82.14 1
RCW to read as follows: 2
(1) Based on the recommended method of collection and schedule 3
resulting from the requirements of section 308 of this act, by 4
October 1, 2025, the Washington state department of transportation, 5
must begin collection, if applicable, of the $4,500,000 per year 6
collection amount for fiscal year 2026, or the appropriate portion 7
thereof, by making reductions in regional mobility grants awarded 8
under RCW 47.66.030, transit support grants under RCW 47.66.140, or 9
other grants and allocations as deemed appropriate.10
(2) The department must then collect the $4,500,000 collection 11
amount for each subsequent fiscal year, or the appropriate portion 12
thereof, by making reductions in regional mobility grants awarded 13
under RCW 47.66.030, transit support grants awarded under RCW 14
47.66.140, or other grants and allocations as deemed appropriate.15
PART IV16
TOLLING17
Sec. 401. RCW 47.46.100 and 2002 c 114 s 7 are each amended to 18
read as follows: 19
(1) The commission shall fix the rates of toll and other charges 20
for all toll bridges built under this chapter that are financed 21
primarily by bonds issued by the state. Subject to RCW 47.46.090, the 22
commission may impose and modify toll charges from time to time as 23
conditions warrant. However, except for publicly or privately owned 24
or operated school buses, the commission may not exempt publicly or 25
privately owned or operated transit buses, vans, and ride share 26
vehicles, and must modify tolling provisions accordingly by October 27
1, 2025.28
(2) In establishing toll charges, the commission shall give due 29
consideration to any required costs for operating and maintaining the 30
toll bridge or toll bridges, including the cost of insurance, and to 31
any amount required by law to meet the redemption of bonds and 32
interest payments on them. 33
(3) The toll charges must be imposed in amounts sufficient to:34
(a) Provide annual revenue sufficient to provide for annual 35
operating and maintenance expenses ((, except as provided in RCW 36
47.56.245)); 37
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(b) Make payments required under RCW 47.56.165 and 47.46.140, 1
including insurance costs and the payment of principal and interest 2
on bonds issued for any particular toll bridge or toll bridges; and3
(c) Repay the motor vehicle fund under RCW ((47.46.110,)) 4
47.56.165((,)) and 47.46.140. 5
(4) The bond principal and interest payments, including repayment 6
of the motor vehicle fund for amounts transferred from that fund to 7
provide for such principal and interest payments, constitute a first 8
direct and exclusive charge and lien on all tolls and other revenues 9
from the toll bridge concerned, subject to operating and maintenance 10
expenses. 11
Sec. 402. RCW 47.56.245 and 2002 c 114 s 23 are each amended to 12
read as follows: 13
The department shall retain toll charges on all existing and 14
future facilities until all costs of investigation, financing, 15
acquisition of property, and construction advanced from the motor 16
vehicle fund, and obligations incurred under RCW 47.56.250 and 17
chapter 16, Laws of 1945 have been fully paid. 18
(1) Except as provided in subsection (2) of this section, with 19
respect to every facility completed after March 19, 1953, costs of 20
maintenance and operation shall be paid periodically out of the 21
revenues of the facility in which such costs were incurred.22
(2) Where a state toll facility is constructed under chapter 23
47.46 RCW adjacent to or within two miles of an existing bridge that 24
was constructed under this chapter, revenue from the toll facility 25
may not be used to pay for costs of maintenance on the existing 26
bridge until after all financing obligations are satisfied on the 27
toll facility. 28
NEW SECTION. Sec. 403. RCW 47.46.110 (Tolls— Term, use) and 2018 29
c 195 s 3 & 2002 c 114 s 8 are each repealed.30
Sec. 404. RCW 47.56.850 and 2009 c 498 s 15 are each amended to 31
read as follows: 32
(1) Unless these powers are otherwise delegated by the 33
legislature, the transportation commission is the tolling authority 34
for the state. The tolling authority shall: 35
(a) Set toll rates, establish appropriate exemptions, if any, and 36
make adjustments as conditions warrant on eligible toll facilities . 37
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However, except for publicly or privately owned or operated school 1
buses, the commission may not exempt publicly or privately owned or 2
operated transit buses, vans, and ride share vehicles, and must 3
modify tolling provisions accordingly by October 1, 2025;4
(b) Review toll collection policies, toll operations policies, 5
and toll revenue expenditures on the eligible toll facilities and 6
report annually on this review to the legislature. 7
(2) The tolling authority, in determining toll rates, shall 8
consider the policy guidelines established in RCW 47.56.830.9
(3) Unless otherwise directed by the legislature, in setting and 10
periodically adjusting toll rates, the tolling authority must ensure 11
that toll rates will generate revenue sufficient to:12
(a) Meet the operating costs of the eligible toll facilities, 13
including necessary maintenance, preservation, renewal, replacement, 14
administration, and toll enforcement by public law enforcement;15
(b) Meet obligations for the timely payment of debt service on 16
bonds issued for eligible toll facilities, and any other associated 17
financing costs including, but not limited to, required reserves, 18
minimum debt coverage or other appropriate contingency funding, 19
insurance, and compliance with all other financial and other 20
covenants made by the state in the bond proceedings;21
(c) Meet obligations to reimburse the motor vehicle fund for 22
excise taxes on motor vehicle and special fuels applied to the 23
payment of bonds issued for eligible toll facilities; and24
(d) Meet any other obligations of the tolling authority to 25
provide its proportionate share of funding contributions for any 26
projects or operations of the eligible toll facilities.27
(4) The established toll rates may include variable pricing, and 28
should be set to optimize system performance, recognizing necessary 29
trade-offs to generate revenue for the purposes specified in 30
subsection (3) of this section. Tolls may vary for type of vehicle, 31
time of day, traffic conditions, or other factors designed to improve 32
performance of the system. 33
(5) In fixing and adjusting toll rates under this section, the 34
only toll revenue to be taken into account must be toll revenue 35
pledged to bonds that includes toll receipts, and the only debt 36
service requirements to be taken into account must be debt service on 37
bonds payable from and secured by toll revenue that includes toll 38
receipts. 39
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(6) The legislature pledges to appropriate toll revenue as 1
necessary to carry out the purposes of this section. When the 2
legislature has specifically identified and designated an eligible 3
toll facility and authorized the issuance of bonds for the financing 4
of the eligible toll facility that are payable from and secured by a 5
pledge of toll revenue, the legislature further agrees for the 6
benefit of the owners of outstanding bonds issued by the state for 7
eligible toll facilities to continue in effect and not to impair or 8
withdraw the authorization of the tolling authority to fix and adjust 9
tolls as provided in this section. The state finance committee shall 10
pledge the state's obligation to impose and maintain tolls, together 11
with the application of toll revenue as described in this section, to 12
the owners of any bonds. 13
Sec. 405. RCW 47.56.870 and 2010 c 248 s 2 are each amended to 14
read as follows: 15
(1) The initial imposition of tolls on the state route number 520 16
corridor is authorized, the state route number 520 corridor is 17
designated an eligible toll facility, and toll revenue generated in 18
the corridor must only be expended as allowed under RCW 47.56.820.19
(2) The state route number 520 corridor consists of that portion 20
of state route number 520 between the junctions of Interstate 5 and 21
state route number 202 , including any on-ramp or off-ramp within this 22
portion. ((The toll imposed by this section shall be charged only for 23
travel on the floating bridge portion of the state route number 520 24
corridor.))25
(3)(a) In setting the toll rates for the corridor pursuant to RCW 26
47.56.850, the tolling authority shall set a variable schedule of 27
toll rates to maintain travel time, speed, and reliability on the 28
corridor and generate the necessary revenue as required under (b) of 29
this subsection. 30
(b) The tolling authority shall initially set the variable 31
schedule of toll rates, which the tolling authority may adjust at 32
least annually to reflect inflation as measured by the consumer price 33
index or as necessary to meet the redemption of bonds and interest 34
payments on the bonds, to generate revenue sufficient to provide for:35
(i) The issuance of general obligation bonds, authorized in RCW 36
47.10.879, first payable from toll revenue and then excise taxes on 37
motor vehicle and special fuels pledged for the payment of those 38
bonds in the amount necessary to fund the state route number 520 39
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bridge replacement and HOV program, subject to subsection (4) of this 1
section; and 2
(ii) Costs associated with the project designated in subsection 3
(4) of this section that are eligible under RCW 47.56.820.4
(4)(a) The proceeds of the bonds designated in subsection 5
(3)(b)(i) of this section must be used only to fund the state route 6
number 520 bridge replacement and HOV program; however, two hundred 7
million dollars of bond proceeds, in excess of the proceeds necessary 8
to complete the floating bridge segment and necessary landings, must 9
be used only to fund the state route number 520, Interstate 5 to 10
Medina bridge replacement and HOV project segment of the program, as 11
identified in applicable environmental impact statements, and may be 12
used to fund effective connections for high occupancy vehicles and 13
transit for state route number 520, but only to the extent those 14
connections benefit or improve the operation of state route number 15
520. 16
(b) The program must include the following elements within the 17
cost constraints identified in section 1, chapter 472, Laws of 2009, 18
consistent with the legislature's intent that cost savings applicable 19
to the program stay within the program and that the bridge open to 20
vehicular traffic in 2014: 21
(i) A project design, consistent with RCW 47.01.408, that 22
includes high occupancy vehicle lanes with a minimum carpool 23
occupancy requirement of three-plus persons on state route number 24
520; 25
(ii) High occupancy vehicle lane performance standards for the 26
state route number 520 corridor established by the department. The 27
department shall report to the transportation committees of the 28
legislature when average transit speeds in the two lanes that are for 29
high occupancy vehicle travel fall below forty-five miles per hour at 30
least ten percent of the time during peak hours; 31
(iii) A work group convened by the mayor and city council of the 32
city of Seattle to include sound transit, King county metro, the 33
Seattle department of transportation, the department, the University 34
of Washington, and other persons or organizations as designated by 35
the mayor or city council to study and make recommendations of 36
alternative connections for transit, including bus routes and high 37
capacity transit, to the university link light rail line. The work 38
group must consider such techniques as grade separation, additional 39
stations, and pedestrian lids to effect these connections. The 40
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recommendations must be alternatives to the transit connections 1
identified in the supplemental draft environmental impact statement 2
for the state route number 520 bridge replacement and HOV program 3
released in January 2010, and must meet the requirements under RCW 4
47.01.408, including accommodating effective connections for transit. 5
The recommendations must be within the scope of the supplemental 6
draft environmental impact statement. For the purposes of this 7
section, "effective connections for transit" means a connection that 8
connects transit stops, including high capacity transit stops, that 9
serve the state route number 520/Montlake interchange vicinity to the 10
university link light rail line, with a connection distance of less 11
than one thousand two hundred feet between the stops and the light 12
rail station. The city of Seattle shall submit the recommendations by 13
October 1, 2010, to the governor and the transportation committees of 14
the legislature. However, if the city of Seattle does not convene the 15
work group required under this subsection before July 1, 2010, or 16
does not submit recommendations to the governor and the 17
transportation committees of the legislature by October 1, 2010, the 18
department must convene the work group required under this subsection 19
and meet all the requirements of this subsection that are described 20
as requirements of the city of Seattle by November 30, 2010;21
(iv) A work group convened by the department to include sound 22
transit and King county metro to study and make recommendations 23
regarding options for planning and financing high capacity transit 24
through the state route number 520 corridor. The department shall 25
submit the recommendations by January 1, 2011, to the governor and 26
the transportation committees of the legislature; 27
(v) A plan to address mitigation as a result of the state route 28
number 520 bridge replacement and HOV program at the Washington park 29
arboretum. As part of its process, the department shall consult with 30
the governing board of the Washington park arboretum, the Seattle 31
city council and mayor, and the University of Washington to identify 32
all mitigation required by state and federal law resulting from the 33
state route number 520 bridge replacement and HOV program's impact on 34
the arboretum, and to develop a project mitigation plan to address 35
these impacts. The department shall submit the mitigation plan by 36
December 31, 2010, to the governor and the transportation committees 37
of the legislature. Wetland mitigation required by state and federal 38
law as a result of the state route number 520 bridge replacement and 39
HOV program's impacts on the arboretum must, to the greatest extent 40
p. 41 SB 5801
practicable, include on-site wetland mitigation at the Washington 1
park arboretum, and must enhance the Washington park arboretum. This 2
subsection (4)(b)(v) does not preclude any other mitigation planned 3
for the Washington park arboretum as a result of the state route 4
number 520 bridge replacement and HOV program; 5
(vi) A work group convened by the department to include the mayor 6
of the city of Seattle, the Seattle city council, the Seattle 7
department of transportation, and other persons or organizations as 8
designated by the Seattle city council and mayor to study and make 9
recommendations regarding design refinements to the preferred 10
alternative selected by the department in the supplemental draft 11
environmental impact statement process for the state route number 520 12
bridge replacement and HOV program. To accommodate a timely 13
progression of the state route number 520 bridge replacement and HOV 14
program, the design refinements recommended by the work group must be 15
consistent with the current environmental documents prepared by the 16
department for the supplemental draft environmental impact statement. 17
The department shall submit the recommendations to the legislature 18
and governor by December 31, 2010, and the recommendations must 19
inform the final environmental impact statement prepared by the 20
department; and 21
(vii) An account, created in section 5 of this act, into which 22
civil penalties generated from the nonpayment of tolls on the state 23
route number 520 corridor are deposited to be used to fund any 24
project within the program, including mitigation. However, this 25
subsection (4)(b)(vii) is contingent on the enactment by June 30, 26
2010, of ((either)) chapter 249, Laws of 2010 ((or chapter . . . 27
(Substitute House Bill No. 2897), Laws of 2010 )), but if the enacted 28
bill does not designate the department as the toll penalty 29
adjudicating agency, this subsection (4)(b)(vii) is null and void.30
(5) The department may carry out the improvements designated in 31
subsection (4) of this section and administer the tolling program on 32
the state route number 520 corridor. 33
PART V34
TRANSPORTATION PROJECT STREAMLINING35
Sec. 501. RCW 90.58.356 and 2015 3rd sp.s. c 15 s 10 are each 36
amended to read as follows: 37
p. 42 SB 5801
(1) For purposes of this section, the following definitions 1
apply: 2
(a) "Maintenance" means the preservation of the transportation 3
facility or transit facility , including surface, shoulders, 4
roadsides, structures, and such traffic control devices as are 5
necessary for safe and efficient utilization of the highway in a 6
manner that substantially conforms to the preexisting design, 7
function, and location as the original except to meet current 8
engineering standards or environmental permit requirements.9
(b) "Repair" means to restore a structure or development to a 10
state comparable to its original condition including, but not limited 11
to, restoring the development's size, shape, configuration, location, 12
and external appearance, within a reasonable period after decay or 13
partial destruction. Repair of a structure or development may not 14
cause substantial adverse effects to shoreline resources or the 15
shoreline environment. Replacement of a structure or development may 16
be considered a repair if: Replacement is the common method of repair 17
for the type of structure or development; the replacement structure 18
or development is comparable to the original structure or development 19
including, but not limited to, the size, shape, configuration, 20
location, and external appearance of the original structure or 21
development; and the replacement does not cause substantial adverse 22
effects to shoreline resources or the shoreline environment.23
(c) "Replacement" of any existing transportation facility , or 24
transit facility, means to replace in a manner that substantially 25
conforms to the preexisting design, function, and location as the 26
original except to meet current engineering standards or 27
environmental permit requirements. Maintenance or replacement 28
activities do not involve expansion of automobile lanes, and do not 29
result in significant negative shoreline impact. 30
(2) The following department of transportation projects and 31
activities do not require a substantial development permit, 32
conditional use permit, variance, letter of exemption, or other 33
review conducted by a local government: 34
(a) Maintenance, repair, or replacement that occurs within the 35
roadway prism of a state highway as defined in RCW 46.04.560, the 36
lease or ownership area of a state ferry terminal, or the lease or 37
ownership area of a transit facility, including ancillary 38
transportation facilities such as pedestrian paths, bicycle paths, or 39
both, and bike lanes; 40
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(b) Construction or installation of safety structures and 1
equipment, including pavement marking, freeway surveillance and 2
control systems, railroad protective devices not including grade 3
separated crossings, grooving, glare screen, safety barriers, energy 4
attenuators, and hazardous or dangerous tree removal;5
(c) Maintenance occurring within the right-of-way; or6
(d) Construction undertaken in response to unforeseen, 7
extraordinary circumstances that is necessary to prevent a decline, 8
lapse, or cessation of service from a lawfully established 9
transportation facility. 10
(3) ((The department of transportation must provide written 11
notification of projects and activities authorized under this section 12
with a cost in excess of one million dollars before the design or 13
plan is finalized to all agencies with jurisdiction, agencies with 14
facilities or services that may be impacted, and adjacent property 15
owners.)) Construction, maintenance, repair, or replacement work on 16
transit facilities, when the work is conducted within a department of 17
transportation right-of-way, does not require a substantial 18
development permit, conditional use permit, variance, letter of 19
exemption, or other review conducted by a local government.20
Sec. 502. RCW 77.55.181 and 2021 c 289 s 1 are each amended to 21
read as follows: 22
(1)(a) In order to receive the permit review and approval process 23
created in this section, a fish habitat enhancement project must meet 24
the criteria under this section and must be a project to accomplish 25
one or more of the following tasks: 26
(i) Elimination of human-made or caused fish passage barriers, 27
including: 28
(A) Culvert repair and replacement; and 29
(B) Fish passage barrier removal projects that comply with the 30
forest practices rules, as the term "forest practices rules" is 31
defined in RCW 76.09.020; 32
(ii) Restoration of an eroded or unstable stream bank employing 33
the principle of bioengineering, including limited use of rock as a 34
stabilization only at the toe of the bank, and with primary emphasis 35
on using native vegetation to control the erosive forces of flowing 36
water; 37
(iii) Placement of woody debris or other instream structures that 38
benefit naturally reproducing fish stocks; or 39
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(iv) Restoration of native kelp and eelgrass beds and restoring 1
native oysters. 2
(b) The department shall develop size or scale threshold tests to 3
determine if projects accomplishing any of these tasks should be 4
evaluated under the process created in this section or under other 5
project review and approval processes. A project proposal shall not 6
be reviewed under the process created in this section if the 7
department determines that the scale of the project raises concerns 8
regarding public health and safety. 9
(c) A fish habitat enhancement project must be approved in one of 10
the following ways in order to receive the permit review and approval 11
process created in this section: 12
(i) By the department pursuant to chapter 77.95 or 77.100 RCW;13
(ii) By the sponsor of a watershed restoration plan as provided 14
in chapter 89.08 RCW; 15
(iii) By the department as a department-sponsored fish habitat 16
enhancement or restoration project; 17
(iv) Through the review and approval process for the jobs for the 18
environment program; 19
(v) By conservation districts as conservation district-sponsored 20
fish habitat enhancement or restoration projects; 21
(vi) Through a formal grant program established by the 22
legislature or the department for fish habitat enhancement or 23
restoration; 24
(vii) By federally recognized tribes as tribally sponsored fish 25
habitat enhancement projects or restoration projects;26
(viii) Through the department of transportation's environmental 27
retrofit program as a stand-alone fish passage barrier correction 28
project, or the fish passage barrier correction portion of a larger 29
transportation project; 30
(ix) Through a local, state, or federally approved fish barrier 31
removal grant program designed to assist local governments in 32
implementing stand-alone fish passage barrier corrections;33
(x) By a city or county for a stand-alone fish passage barrier 34
correction project funded by the city or county; 35
(xi) Through the approval process established for forest 36
practices hydraulic projects in chapter 76.09 RCW; or37
(xii) Through other formal review and approval processes 38
established by the legislature. 39
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(2) Fish habitat enhancement projects meeting the criteria of 1
subsection (1) of this section are expected to result in beneficial 2
impacts to the environment. Decisions pertaining to fish habitat 3
enhancement projects meeting the criteria of subsection (1) of this 4
section and being reviewed and approved according to the provisions 5
of this section are not subject to the requirements of RCW 6
43.21C.030(2)(c). 7
(3)(a) A permit is required for projects that meet the criteria 8
of subsection (1) of this section and are being reviewed and approved 9
under this section. An applicant shall use a joint aquatic resource 10
permit application form developed by the office of regulatory 11
assistance to apply for approval under this chapter. The department 12
of transportation shall use the department's online permit 13
application system or a joint aquatic resource permit application 14
form developed by the office of regulatory assistance to apply for 15
approval under this chapter. On the same day, the applicant shall 16
provide copies of the completed application form to the department 17
and to each appropriate local government. Applicants for a forest 18
practices hydraulic project that are not otherwise required to submit 19
a joint aquatic resource permit application must submit a copy of 20
their forest practices application to the appropriate local 21
government on the same day that they submit the forest practices 22
application to the department of natural resources.23
(b) Local governments shall accept the application identified in 24
this section as notice of the proposed project. A local government 25
shall be provided with a 15-day comment period during which it may 26
transmit comments regarding environmental impacts to the department 27
or, for forest practices hydraulic projects, to the department of 28
natural resources. 29
(c)(i) Except for forest practices hydraulic projects, the 30
department shall, within 45 days, either issue a permit, with or 31
without conditions, deny approval, or make a determination that the 32
review and approval process created by this section is not 33
appropriate for the proposed project. The department shall base this 34
determination on identification during the comment period of adverse 35
impacts that cannot be mitigated by the conditioning of a permit. 36
Permitting decisions over forest practices hydraulic approvals must 37
be made consistent with chapter 76.09 RCW. 38
(ii) For department of transportation fish passage barrier 39
correction projects, the department of fish and wildlife shall, 40
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within 30 days, either issue a permit, with or without conditions, 1
deny approval, or make a determination that the review and approval 2
process created by this section is not appropriate for the proposed 3
project. 4
(d) If the department determines that the review and approval 5
process created by this section is not appropriate for the proposed 6
project, the department shall notify the applicant and the 7
appropriate local governments of its determination. The applicant may 8
reapply for approval of the project under other review and approval 9
processes. 10
(e) Any person aggrieved by the approval, denial, conditioning, 11
or modification of a permit other than a forest practices hydraulic 12
project under this section may appeal the decision as provided in RCW 13
77.55.021(8). Appeals of a forest practices hydraulic project may be 14
made as provided in chapter 76.09 RCW. 15
(4) No local government may require permits or charge fees for 16
fish habitat enhancement projects that meet the criteria of 17
subsection (1) of this section and that are reviewed and approved 18
according to the provisions of this section, except that, pursuant to 19
chapter 86.16 RCW, a local government may impose such requirements, 20
or charge such fees, or both, only as may be necessary in order for 21
the local government to administer the national flood insurance 22
program regulation requirements. However, for department of 23
transportation fish habitat enhancement projects that do not impact 24
insurable structures but do create a rise in 100-year flood 25
elevation, a local government shall allow the department to apply 26
directly to the federal emergency management agency for modification 27
to an effective flood insurance rate map through a letter of map 28
revision or a similar process, instead of requiring the department to 29
complete a conditional letter of map revision process or a similar 30
process. For department of transportation fish habitat enhancement 31
projects that will not result in any rise to the 100-year flood 32
elevation, a local government may not require the department to apply 33
for a conditional letter of map revision or a similar process with 34
either the local government or the federal emergency management 35
agency.36
(5) No civil liability may be imposed by any court on the state 37
or its officers and employees for any adverse impacts resulting from 38
a fish enhancement project permitted by the department or the 39
department of natural resources under the criteria of this section 40
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except upon proof of gross negligence or willful or wanton 1
misconduct. 2
Sec. 503. RCW 49.26.013 and 1995 c 218 s 1 are each amended to 3
read as follows: 4
(1) ((Any)) Except as provided in subsection (2)(a)(ii) of this 5
section, an owner or owner's agent who allows or authorizes any 6
construction, renovation, remodeling, maintenance, repair, or 7
demolition project which has a reasonable possibility, as defined by 8
the department, of disturbing or releasing asbestos into the air, 9
shall perform or cause to be performed, using practices approved by 10
the department, a good faith inspection to determine whether the 11
proposed project will disturb or release any material containing 12
asbestos into the air. 13
Such inspections shall be conducted by persons meeting the 14
accreditation requirements of the federal toxics substances control 15
act, section 206(a) (1) and (3) (15 U.S.C. 2646(a) (1) and (3)).16
An inspection under this section is not required if the owner or 17
owner's agent is reasonably certain that asbestos will not be 18
disturbed or assumes that asbestos will be disturbed by a project 19
which involves construction, renovation, remodeling, maintenance, 20
repair, or demolition and takes the maximum precautions as specified 21
by all applicable federal and state requirements. 22
(2)(a)(i) Except as provided in RCW 49.26.125 and (a)(ii) of this 23
subsection, the owner or owner's agent shall prepare and maintain a 24
written report describing each inspection, or a statement of 25
assumption of the presence or reasonable certainty of the absence of 26
asbestos, and shall provide a copy of the written report or statement 27
to all contractors before they apply or bid on work. ((In addition, 28
upon))29
(ii) The department of transportation may include a good faith 30
inspection into the scope of construction contracts for a project in 31
lieu of conducting a good faith inspection prior to contractors 32
bidding on the work if, prior to the start of demolition and 33
construction, a contractor:34
(A) Completes the good faith inspection;35
(B) Prepares and maintains a written report describing each 36
inspection, or a statement of assumption of the presence or 37
reasonable certainty of the absence of asbestos; and38
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(C) Provides a copy of the report or statement to the department 1
of transportation.2
(b) Upon written or oral request, the owner or owner's agent 3
shall make a copy of the written report or statement available to: 4
(((1))) (i) The department of labor and industries; (((2))) (ii) 5
contractors; and (((3))) (iii) the collective bargaining 6
representatives or employee representatives, if any, of employees who 7
may be exposed to any asbestos or material containing asbestos.8
(c) A copy of the report or statement shall be posted as 9
prescribed by the department in a place that is easily accessible to 10
such employees. 11
NEW SECTION. Sec. 504. A new section is added to chapter 77.55 12
RCW to read as follows: 13
(1) Subject to the availability of amounts appropriated for this 14
specific purpose in an omnibus transportation appropriations act, the 15
department must create a fish barrier removal permit program. The 16
fish barrier removal permit program as outlined in this section does 17
not replace or supplant the permit requirements under this chapter, 18
but may be used as an optional permit pathway. 19
(2)(a) To be included in the fish barrier removal permit program 20
and qualify for the permit review and approval process created in 21
this section, a fish barrier removal project must be included on a 22
list of projects approved or funded by Washington state department of 23
transportation's fish passage barrier removal program.24
(b) A project application reviewed under this section must 25
document consistency with local, state, and federal flood risk 26
reduction requirements, and with applicable state and federal 27
cultural resource protection requirements. 28
(c) For those projects that require a land use authorization from 29
the department of natural resources, the project applicant must 30
include in its application for a permit under this section a signed 31
joint aquatic resources permit application, attachment E. The project 32
applicant must provide a copy of a completed application to the 33
department of natural resources. The project applicant may submit its 34
completed application for a permit under this section to the 35
department either: (i) 30 days after providing a copy of a completed 36
application to the department of natural resources; or (ii) upon 37
receipt of a signed attachment E from the department of natural 38
resources, whichever comes first. If the project applicant submits 39
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their application 30 days after filing the signed joint aquatic 1
resources permit application, attachment E, with the department of 2
natural resources, the department of natural resources must make a 3
final decision on applications for projects under this section within 4
30 days of the issuance of a permit under this section.5
(3) Fish barrier removal projects approved for inclusion in this 6
permit program and that are reviewed and approved under this section 7
are not subject to RCW 43.21C.030(2) and are not required to obtain 8
local or state permits or approvals other than the permit issued 9
under this section, except permits minimally necessary as a 10
requirement of participation in a federal program.11
(4)(a) A permit under this chapter is required for projects that 12
meet the criteria of subsection (2) of this section and must be 13
reviewed and, if appropriate, approved under this section. An 14
applicant shall use the department's online permitting system or a 15
paper or email joint aquatic resources permit application submission 16
to apply for approval under this section and shall at the same time 17
provide a copy of the application to the local government within 18
whose geographical jurisdiction the project will be located, to the 19
members of the multiagency permitting team created in this section, 20
and to potentially affected federally recognized tribes.21
(b) When the department concludes that a complete application has 22
been submitted under this section and copies of the application have 23
been provided as required in this section, the department shall 24
provide notice to the local government within whose geographical 25
jurisdiction the project will be located, to potentially affected 26
federally recognized tribes, and to the members of the multiagency 27
permitting team of receipt of a complete permit application.28
(i) Unless the multiagency permitting team process described in 29
this section is invoked, the department shall evaluate and make a 30
decision on the application not sooner than 25 days, and not later 31
than 45 days, after receipt of a complete permit application.32
(ii) Within 25 days of receiving a copy of the complete project 33
application, the local government within whose geographical 34
jurisdiction the project would be located, any member of the 35
multiagency permitting team, or a potentially affected federally 36
recognized tribe may request that the department place the 37
application on hold and immediately convene a meeting with the 38
requesting entity and the multiagency permitting team to review and 39
evaluate the project. 40
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(iii) All parties involved in this review process shall work in 1
good faith to expedite permitting and any party with concerns shall 2
provide the basis for its concerns and potential pathways to address 3
those concerns. Any party objecting to expedited permitting shall 4
provide a written basis for its objections to the department or the 5
multiagency permitting team. 6
(iv) The multiagency review process may not exceed 45 days from 7
the request for review. 8
(c) The multiagency permitting team consists of representatives 9
of the local government in whose geographical jurisdiction the 10
project would be located, the department, the department of ecology, 11
the recreation and conservation office, the governor's salmon 12
recovery office, the department of natural resources, and, when the 13
project in question is located in the Puget Sound basin, the Puget 14
Sound partnership. Meetings of the multiagency permitting team must 15
be facilitated by the department. 16
(d) The department or, where applicable, the multiagency 17
permitting team shall exclude any project from the review and 18
approval process created under this section if it concludes that the 19
project may adversely impact human health, public safety, or the 20
environment, or that the project's scope or complexity renders it 21
inappropriate for expedited review. 22
(e) If the department or the multiagency permitting team 23
determines that the review and approval process created under this 24
section is not appropriate for the proposed project, the department 25
shall notify the applicant, the appropriate local government, and 26
potentially affected federally recognized tribes of its 27
determination. The applicant may reapply for approval of the project 28
under generally applicable review and approval processes. If the 29
multiagency permitting team determines that the review and approval 30
process created under this section is appropriate for the proposed 31
project, the hold on the application must be lifted and the 32
department shall make a decision within the time that remains of the 33
original 45-day decision deadline. 34
(f) Any person aggrieved by the approval, denial, conditioning, 35
or modification of a permit under this section may appeal the 36
decision as provided in RCW 77.55.021(8). 37
(g) The department shall, in a timely manner, provide a copy of 38
any application seeking review under this section and shall 39
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thereafter coordinate with affected federally recognized tribes as it 1
implements this section. 2
(5) No local or state government may require permits or charge 3
fees other than the permit issued under this section, except permits 4
minimally necessary as a requirement of participation in a federal 5
program, for fish barrier removal projects that meet the criteria of 6
subsection (2) of this section and that are reviewed and approved 7
according to the provisions of this section. 8
(6) No civil liability may be imposed by any court on the state 9
or its officers and employees for any adverse impacts resulting from 10
a fish barrier removal project permitted by the department under the 11
criteria of this section except upon proof of gross negligence or 12
willful or wanton misconduct. 13
NEW SECTION. Sec. 505. A new section is added to chapter 43.21C 14
RCW to read as follows: 15
A project that receives a permit pursuant to section 504 of this 16
act is not subject to the requirements of RCW 43.21C.030(2).17
Sec. 506. RCW 36.70A.200 and 2023 sp.s. c 1 s 12 are each 18
amended to read as follows: 19
(1)(a) The comprehensive plan of each county and city that is 20
planning under RCW 36.70A.040 shall include a process for identifying 21
and siting essential public facilities. Essential public facilities 22
include those facilities that are typically difficult to site, such 23
as airports, state education facilities and state or regional 24
transportation facilities as defined in RCW 47.06.140, regional 25
transit authority facilities as defined in RCW 81.112.020, 26
improvements to high capacity transportation systems as defined in 27
RCW 81.104.015, state and local correctional facilities, solid waste 28
handling facilities, opioid treatment programs including both mobile 29
and fixed-site medication units, recovery residences, harm reduction 30
programs excluding safe injection sites, and inpatient facilities 31
including substance use disorder treatment facilities, mental health 32
facilities, group homes, community facilities as defined in RCW 33
72.05.020, and secure community transition facilities as defined in 34
RCW 71.09.020. 35
(b) Unless a facility is expressly listed in (a) of this 36
subsection, essential public facilities do not include facilities 37
that are operated by a private entity in which persons are detained 38
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in custody under process of law pending the outcome of legal 1
proceedings but are not used for punishment, correction, counseling, 2
or rehabilitation following the conviction of a criminal offense. 3
Facilities included under this subsection (1)(b) shall not include 4
facilities detaining persons under RCW 71.09.020 (7) or (16) or 5
chapter 10.77 or 71.05 RCW. 6
(c) The department of children, youth, and families may not 7
attempt to site new community facilities as defined in RCW 72.05.020 8
east of the crest of the Cascade mountain range unless there is an 9
equal or greater number of sited community facilities as defined in 10
RCW 72.05.020 on the western side of the crest of the Cascade 11
mountain range. 12
(d) For the purpose of this section, "harm reduction programs" 13
means programs that emphasize working directly with people who use 14
drugs to prevent overdose and infectious disease transmission, 15
improve the physical, mental, and social well-being of those served, 16
and offer low threshold options for accessing substance use disorder 17
treatment and other services. 18
(2) Each county and city planning under RCW 36.70A.040 shall, not 19
later than September 1, 2002, establish a process, or amend its 20
existing process, for identifying and siting essential public 21
facilities and adopt or amend its development regulations as 22
necessary to provide for the siting of secure community transition 23
facilities consistent with statutory requirements applicable to these 24
facilities. 25
(3) Any city or county not planning under RCW 36.70A.040 shall, 26
not later than September 1, 2002, establish a process for siting 27
secure community transition facilities and adopt or amend its 28
development regulations as necessary to provide for the siting of 29
such facilities consistent with statutory requirements applicable to 30
these facilities. 31
(4) The office of financial management shall maintain a list of 32
those essential state public facilities that are required or likely 33
to be built within the next six years. The office of financial 34
management may at any time add facilities to the list.35
(5) No local comprehensive plan or development regulation may 36
preclude the siting of essential public facilities.37
(6) No person may bring a cause of action for civil damages based 38
on the good faith actions of any county or city to provide for the 39
siting of secure community transition facilities in accordance with 40
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this section and with the requirements of chapter 12, Laws of 2001 1
2nd sp. sess. For purposes of this subsection, "person" includes, but 2
is not limited to, any individual, agency as defined in RCW 3
42.17A.005, corporation, partnership, association, and limited 4
liability entity. 5
(7) Counties or cities siting facilities pursuant to subsection 6
(2) or (3) of this section shall comply with RCW 71.09.341.7
(8) The failure of a county or city to act by the deadlines 8
established in subsections (2) and (3) of this section is not:9
(a) A condition that would disqualify the county or city for 10
grants, loans, or pledges under RCW 43.155.070 or 70A.135.070;11
(b) A consideration for grants or loans provided under RCW 12
43.17.250(3); or 13
(c) A basis for any petition under RCW 36.70A.280 or for any 14
private cause of action. 15
Sec. 507. RCW 36.70A.200 and 2024 c 164 s 511 are each amended 16
to read as follows: 17
(1)(a) The comprehensive plan of each county and city that is 18
planning under RCW 36.70A.040 shall include a process for identifying 19
and siting essential public facilities. Essential public facilities 20
include those facilities that are typically difficult to site, such 21
as airports, state education facilities and state or regional 22
transportation facilities as defined in RCW 47.06.140, regional 23
transit authority facilities as defined in RCW 81.112.020, 24
improvements to high capacity transportation systems as defined in 25
RCW 81.104.015, state and local correctional facilities, solid waste 26
handling facilities, opioid treatment programs including both mobile 27
and fixed-site medication units, recovery residences, harm reduction 28
programs excluding safe injection sites, and inpatient facilities 29
including substance use disorder treatment facilities, mental health 30
facilities, group homes, community facilities as defined in RCW 31
72.05.020, and secure community transition facilities as defined in 32
RCW 71.09.020. 33
(b) Unless a facility is expressly listed in (a) of this 34
subsection, essential public facilities do not include facilities 35
that are operated by a private entity in which persons are detained 36
in custody under process of law pending the outcome of legal 37
proceedings but are not used for punishment, correction, counseling, 38
or rehabilitation following the conviction of a criminal offense. 39
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Facilities included under this subsection (1)(b) shall not include 1
facilities detaining persons under RCW 71.09.020 (7) or (16) or 2
chapter 10.77 or 71.05 RCW. 3
(c) The department of children, youth, and families may not 4
attempt to site new community facilities as defined in RCW 72.05.020 5
east of the crest of the Cascade mountain range unless there is an 6
equal or greater number of sited community facilities as defined in 7
RCW 72.05.020 on the western side of the crest of the Cascade 8
mountain range. 9
(d) For the purpose of this section, "harm reduction programs" 10
means programs that emphasize working directly with people who use 11
drugs to prevent overdose and infectious disease transmission, 12
improve the physical, mental, and social well-being of those served, 13
and offer low threshold options for accessing substance use disorder 14
treatment and other services. 15
(2) Each county and city planning under RCW 36.70A.040 shall, not 16
later than September 1, 2002, establish a process, or amend its 17
existing process, for identifying and siting essential public 18
facilities and adopt or amend its development regulations as 19
necessary to provide for the siting of secure community transition 20
facilities consistent with statutory requirements applicable to these 21
facilities. 22
(3) Any city or county not planning under RCW 36.70A.040 shall, 23
not later than September 1, 2002, establish a process for siting 24
secure community transition facilities and adopt or amend its 25
development regulations as necessary to provide for the siting of 26
such facilities consistent with statutory requirements applicable to 27
these facilities. 28
(4) The office of financial management shall maintain a list of 29
those essential state public facilities that are required or likely 30
to be built within the next six years. The office of financial 31
management may at any time add facilities to the list.32
(5) No local comprehensive plan or development regulation may 33
preclude the siting of essential public facilities.34
(6) No person may bring a cause of action for civil damages based 35
on the good faith actions of any county or city to provide for the 36
siting of secure community transition facilities in accordance with 37
this section and with the requirements of chapter 12, Laws of 2001 38
2nd sp. sess. For purposes of this subsection, "person" includes, but 39
is not limited to, any individual, agency as defined in RCW 40
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29B.10.030, corporation, partnership, association, and limited 1
liability entity. 2
(7) Counties or cities siting facilities pursuant to subsection 3
(2) or (3) of this section shall comply with RCW 71.09.341.4
(8) The failure of a county or city to act by the deadlines 5
established in subsections (2) and (3) of this section is not:6
(a) A condition that would disqualify the county or city for 7
grants, loans, or pledges under RCW 43.155.070 or 70A.135.070;8
(b) A consideration for grants or loans provided under RCW 9
43.17.250(3); or 10
(c) A basis for any petition under RCW 36.70A.280 or for any 11
private cause of action. 12
NEW SECTION. Sec. 508. A new section is added to chapter 43.21C 13
RCW to read as follows: 14
In the event of a disagreement over the scope of a transit 15
project, state agencies, cities, and counties shall accept the 16
detailed statement prepared by the transit agency under RCW 17
43.21C.030(2)(c) as the sole environmental review document, rather 18
than conducting separate environmental reviews or preparing 19
additional detailed statements. Consistent with RCW 43.21C.150, when 20
a transit agency has previously prepared an adequate detailed 21
statement pursuant to the national environmental policy act of 1969 22
as part of a federally funded transit project, that national 23
environmental policy act document shall satisfy the requirements 24
under RCW 43.21C.030(2)(c). State agencies, cities, and counties 25
shall adopt and rely on the national environmental policy act 26
document for their environmental review and permitting processes, 27
aligning applicable local documents accordingly. 28
PART VI29
TRANSPORTATION GRANT PROGRAMS30
NEW SECTION. Sec. 601. A new county local road program is 31
established to fund the preservation and improvement of county local 32
roads. The board must:33
(1) Adopt rules necessary to implement the provisions of this 34
chapter relating to the allocation of funds; and 35
(2) Include a program status report in the board's annual report 36
to the legislature as provided in RCW 36.78.070. 37
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NEW SECTION. Sec. 602. The definitions in this section apply 1
throughout this chapter unless the context clearly requires 2
otherwise.3
(1) "Board" means the county road administration board created in 4
RCW 36.78.030. 5
(2) "Community facility" means a publicly owned facility or 6
building that is primarily intended to serve the recreational, 7
educational, cultural, public health and safety, administrative, or 8
entertainment needs of the community as a whole. 9
(3) "County local road program project" means improvement 10
projects on those county roads not federally classified as an 11
arterial or collector. 12
(4) "LAG manual" means the Washington state department of 13
transportation's local agency guidelines manual or its successor 14
document. 15
(5) "Overburdened community" has the same meaning as defined in 16
RCW 70A.02.010. 17
(6) "Pedestrian facility" means a facility designed to meet the 18
needs of pedestrians in accordance with county and Americans with 19
disabilities act requirements. 20
NEW SECTION. Sec. 603. (1) The board shall adopt rules to 21
select preservation and improvement projects under this chapter 22
taking into consideration, at a minimum, the following priority 23
rating factors:24
(a) Investment in overburdened communities; 25
(b) Environmental health disparities as identified in the 26
environmental health disparities map specified in RCW 43.70.815;27
(c) Location on or providing direct access to a federally 28
recognized Indian reservation or lands; 29
(d) Sustaining the structural, safety, and operational integrity 30
of the road; 31
(e) Vehicle and pedestrian collision experience;32
(f) Access improvements to a community facility; and33
(g) Identified need in a state, regional, county, or community 34
plan. 35
(2) Proposed projects must be included in the respective county's 36
six-year plan as provided in RCW 36.81.121 before board approval of 37
the project. 38
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NEW SECTION. Sec. 604. The following project types are allowed 1
under the county local road program created in this chapter:2
(1) 2-R as defined in the LAG manual; 3
(2) 3-R as defined in the LAG manual; 4
(3) Reconstruction as defined in the LAG manual;5
(4) Replacement of any bridge on the national bridge inventory;6
(5) Removal of human-made or caused impediments to anadromous 7
fish passage; and 8
(6) Pedestrian facilities. 9
NEW SECTION. Sec. 605. Whenever a proposed county local road 10
program project is adjacent to a city or town, the appropriate city 11
or town and county officials shall jointly plan and include the 12
improvement in their respective long-range plans. Whenever a county 13
local road program project connects with and will be substantially 14
affected by a programmed construction project on a state highway, the 15
proper county officials shall jointly plan the development of such 16
project with the department of transportation district administrator.17
NEW SECTION. Sec. 606. Counties receiving funds from the county 18
local road program shall provide such matching funds as established 19
by rules adopted by the board. Matching requirements must be 20
established after appropriate studies by the board and considering 21
the financial resources available to counties.22
NEW SECTION. Sec. 607. (1) Only those counties that, during the 23
preceding 12 months, have spent all revenues collected for road 24
purposes only for such purposes, including removal of barriers to 25
fish passage and accompanying streambed and stream bank repair as 26
specified in RCW 36.82.070, and including traffic law enforcement as 27
allowed under Article II, section 40 of the state Constitution or RCW 28
36.82.070(2), are eligible to receive funds from the county local 29
road program, except that:30
(a) Counties with a population of less than 8,000 are exempt from 31
this eligibility restriction; 32
(b) Counties expending revenues collected for road purposes only 33
on other governmental services after authorization from the voters of 34
that county under RCW 84.55.050 are exempt from this eligibility 35
restriction; and 36
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(c) This restriction does not apply to any moneys diverted from 1
the road district levy under chapter 39.89 RCW. 2
(2) The board shall authorize county local road grant program 3
funds for the construction project portion of a project previously 4
authorized for a preliminary proposal in the sequence in which the 5
preliminary proposal has been completed and the construction project 6
is to be placed under contract. At such time the board may reserve 7
funds for expenditure in future years as may be necessary for 8
completion of preliminary proposals and construction projects to be 9
commenced in the ensuing biennium. 10
(3) Subject to the availability of amounts appropriated for this 11
specific purpose, the board may consider additional projects for 12
authorization under this chapter upon a clear and conclusive showing 13
by the submitting county that the proposed project is of an emergent 14
nature and that its need was unable to be anticipated at the time the 15
six-year plan of the county was developed. The proposed projects must 16
be evaluated on the basis of the priority rating factors specified in 17
section 603 of this act. 18
NEW SECTION. Sec. 608. Whenever the board approves a county 19
local road program project under this chapter it shall determine the 20
amount of county local road program funds to be allocated for such 21
project. The allocation must be based upon information submitted by 22
the county seeking approval of the project and upon such further 23
investigation as the board deems necessary. The board shall adopt 24
reasonable rules pursuant to which county local road program funds 25
allocated to a project may be increased upon a subsequent application 26
of the county constructing the project. The rules adopted by the 27
board must take into account, but are not limited to, the following 28
factors:29
(1) The financial effect of increasing the original allocation 30
for the project upon other county local road program projects either 31
approved or requested; 32
(2) Whether the project for which an additional allocation is 33
requested can be reduced in scope while retaining a usable segment;34
(3) Whether the original cost of the project shown in the 35
applicant's original submittal was based upon reasonable engineering 36
estimates; and 37
(4) Whether the requested additional allocation is to pay for an 38
expansion in the scope of work originally approved.39
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NEW SECTION. Sec. 609. Sections 601 through 608 of this act 1
constitute a new chapter in Title 36 RCW.2
NEW SECTION. Sec. 610. A new section is added to chapter 47.66 3
RCW to read as follows: 4
(1)(a) The department's public transportation division shall 5
establish a transit safety and security grant program. The purpose of 6
the grant program is to aid any transit authority with safety and 7
security enhancements that may include, but are not limited to, the 8
following examples: 9
(i) Safety and security improvements to the built environment 10
such as lighting enhancements or fare gates; 11
(ii) Cleaning or replacement of damaged amenities in passenger 12
facilities; 13
(iii) Improving safety for frontline employees such as barriers 14
on rolling stock or facilities; 15
(iv) Safety personnel such as behavioral health professionals and 16
service and fare ambassadors; and 17
(v) Supporting education, training, and retraining employees and 18
customers. 19
(b) Grant funds are prohibited from usage for any expenses 20
relating to armed security. 21
(2) The department's public transportation division shall 22
identify projects and shall submit a prioritized list of all projects 23
requesting funding to the legislature by December 1st of each even- 24
numbered year. The department must report annually to the 25
transportation committees of the legislature on the grant projects 26
funded by the program created under this section. 27
(3) In order to receive transit safety grant funds for projects, 28
a transit authority must provide matching funding at a level deemed 29
appropriate by the department. 30
(4) No one entity may receive more than 35 percent of funds 31
awarded in a grant cycle. 32
(5) For purposes of this section, "transit authority" means a 33
city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a 34
county public transportation authority under chapter 36.57 RCW, a 35
metropolitan municipal corporation transit system under chapter 36.56 36
RCW, a public transportation benefit area under chapter 36.57A RCW, 37
an unincorporated transportation benefit area under RCW 36.57.100, a 38
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regional transit authority under chapter 81.112 RCW, or any special 1
purpose district formed to operate a public transportation system.2
Sec. 611. RCW 47.04.380 and 2024 c 106 s 1 are each amended to 3
read as follows: 4
(1) The legislature finds that many communities across Washington 5
state have not equitably benefited from investments in the active 6
transportation network. The legislature also finds that legacy state 7
transportation facilities designed primarily for vehicle use caused 8
disconnections in safe routes for people who walk, bike, and roll to 9
work and to carry out other daily activities. 10
(2) To address these investment gaps, and to honor the legacy of 11
community advocacy of Sandy Williams, the Sandy Williams connecting 12
communities program is established within the department. The purpose 13
of the program is to improve active transportation connectivity in 14
communities by: 15
(a) Providing safe, continuous routes for pedestrians, 16
bicyclists, and other nonvehicle users carrying out their daily 17
activities; 18
(b) Mitigating for the health, safety, and access impacts of 19
transportation infrastructure that bisects communities and creates 20
obstacles in the local active transportation network;21
(c) Investing in greenways providing protected routes for a wide 22
variety of nonvehicular users; and 23
(d) Facilitating the planning, development, and implementation of 24
projects and activities that will improve the connectivity and safety 25
of the active transportation network. 26
(3) The department must select projects to propose to the 27
legislature for funding. In selecting projects, the department must 28
consider, at a minimum, the following criteria: 29
(a) Access to a transit facility, community facility, commercial 30
center, or community-identified assets; 31
(b) The use of minority and women-owned businesses and community-32
based organizations in planning, community engagement, design, and 33
construction of the project; 34
(c) Whether the project will serve: 35
(i) Overburdened communities as defined in RCW 70A.02.010 to mean 36
a geographic area where vulnerable populations face combined, 37
multiple environmental harms and health impacts, and includes, but is 38
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not limited to, highly impacted communities as defined in RCW 1
19.405.020; 2
(ii) Vulnerable populations as defined in RCW 70A.02.010 to mean 3
population groups that are more likely to be at higher risk for poor 4
health outcomes in response to environmental harms, due to adverse 5
socioeconomic factors, such as unemployment, high housing, and 6
transportation costs relative to income, limited access to nutritious 7
food and adequate health care, linguistic isolation, and other 8
factors that negatively affect health outcomes and increase 9
vulnerability to the effects of environmental harms; and sensitivity 10
factors, such as low birth weight and higher rates of 11
hospitalization. Vulnerable populations include, but are not limited 12
to: Racial or ethnic minorities, low-income populations, populations 13
disproportionately impacted by environmental harms, and populations 14
of workers experiencing environmental harms; 15
(iii) Household incomes at or below 200 percent of the federal 16
poverty level; and 17
(iv) People with disabilities; 18
(d) Environmental health disparities, such as those indicated by 19
the diesel pollution burden portion of the Washington environmental 20
health disparities map developed by the department of health, or 21
other similar indicators; 22
(e) Location on or adjacent to tribal lands or locations 23
providing essential services to tribal members; 24
(f) Crash experience involving pedestrians and bicyclists; and25
(g) Identified need by the community, for example in the state 26
active transportation plan or a regional, county, or community plan.27
(4) It is the intent of the legislature that the Sandy Williams 28
connecting communities program comply with the requirements of 29
chapter 314, Laws of 2021. 30
(5) The department shall submit a report to the transportation 31
committees of the legislature by December 1, 2022, and each December 32
1st thereafter identifying the selected connecting communities 33
projects for funding by the legislature. The report must also include 34
the status of previously funded projects. 35
(6) The Sandy Williams connecting communities program account is 36
created in the state treasury. Moneys in the account may be spent 37
only after appropriation. Expenditures from the account may be used 38
only for the program activities described in this section.39
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(7) Beginning September 2027, by the last day of September, 1
December, March, and June of each year, the state treasurer shall 2
transfer $12,500,000 from the move ahead WA flexible account created 3
in RCW 46.68.520 to the Sandy Williams connecting communities program 4
account created in this section.5
Sec. 612. RCW 47.04.430 and 2023 c 447 s 5 are each amended to 6
read as follows: 7
(1) The department shall create a bicyclist and pedestrian grant 8
program to improve pedestrian and bicyclist safety and mobility and 9
increase active transportation trips. 10
(2) Project types may include, but are not limited to, bicycle 11
facilities such as buffered bike lanes, pedestrian facilities such as 12
sidewalks, crossing improvements for people who walk and roll, and 13
speed management. 14
(3) The department shall report on an annual basis the status of 15
projects funded as part of the bicyclist and pedestrian grant and 16
safe routes to school grant programs. The report must include, but is 17
not limited to, a list of projects selected and a brief description 18
of each project's status. 19
(4) Beginning July 1, 2027, at least 25 percent of grants awarded 20
for the bicyclist and pedestrian grant program must benefit 21
communities or census tracts with a high concentration of people over 22
the age of 65, with priority for projects that enhance safety and 23
community connectivity.24
Sec. 613. RCW 47.04.390 and 2023 c 431 s 7 are each amended to 25
read as follows: 26
(1)(a) The department shall establish a statewide school-based 27
bicycle education grant program. The grant will support two programs: 28
One for ((elementary and middle school )) grades three through eight ; 29
and one for ((junior high and high school )) grades six through 12 30
aged youth to develop the skills and street safety knowledge to be 31
more confident bicyclists for transportation and/or recreation. In 32
development of the grant program, the department is encouraged to 33
consult with the environmental justice council and the office of 34
equity. 35
(b) Qualifying youth participating in the school-based bicycle 36
education grant program shall have an opportunity to receive a bike, 37
lock, helmet, and lights, and maintenance supplies free of cost.38
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(2)(((a))) For the ((elementary and middle school program )) 1
grades through three through eight and grades six through 12 2
programs, the department shall contract with a nonprofit organization 3
with relevant reach and experience, including a statewide footprint 4
and demonstrable experience deploying bicycling and road safety 5
education curriculum via a train the trainer model in schools. The 6
selected nonprofit shall identify partner schools and partner 7
organizations that serve target populations, based on the criteria in 8
subsection (((3))) (4) of this section. Partner schools shall receive 9
from the nonprofit: In-school bike and pedestrian safety education 10
curriculum, materials, equipment guidance and consultation, and 11
physical education teacher ((trainings. Youth grades three through 12
eight are eligible for the program.13
(b) Selected school districts shall receive and maintain a fleet 14
of bicycles for the youth in the program. Youth and families 15
participating in the school-base bicycle education grant program 16
shall have an opportunity to receive a bike, lock, helmet, and lights 17
free of cost )) training. Selected school districts shall receive and 18
maintain a fleet of bicycles for the youth in the program.19
(3) For the ((junior high and high school )) grades six through 12 20
program, the department shall contract with a nonprofit organization 21
with relevant reach and experience, including a statewide footprint; 22
demonstrable experience developing and managing youth-based 23
programming serving youth of color in an after-school and/or 24
community setting; and deploying bicycling and road safety education 25
curriculum via a train the trainer model. The selected nonprofit 26
shall use the equity-based criteria in subsection (4) of this section 27
to identify target populations and partner organizations including, 28
but not limited to, schools, community-based organizations, housing 29
authorities, and parks and recreation departments, that work with the 30
eligible populations of youth ((ages 14 to 18 )). Partner 31
organizations shall receive from the nonprofit: Education curriculum, 32
materials, equipment including, but not limited to, bicycles, 33
helmets, locks, and lights, guidance and consultation, and initial 34
instructor/volunteer training, as well as ongoing support.35
(4) In selecting schools and partner organizations and qualifying 36
youth receiving bikes for the school-based bicycle education grant 37
program, the department and nonprofit must consider, at a minimum, 38
the following criteria: 39
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(a) Population impacted by poverty, as measured by free and 1
reduced lunch population or 200 percent federal poverty level;2
(b) People of color; 3
(c) People of Hispanic heritage; 4
(d) People with disabilities; 5
(e) Environmental health disparities, such as those indicated by 6
the diesel pollution burden portion of the Washington environmental 7
health disparities map developed by the department of health, or 8
other similar indicators; 9
(f) Location on or adjacent to an Indian reservation;10
(g) Geographic location throughout the state; 11
(h) Crash experience involving pedestrians and bicyclists;12
(i) Access to a community facility or commercial center; and13
(j) Identified need in the state active transportation plan or a 14
regional, county, or community plan. 15
(5) The department shall submit a report for both programs to the 16
transportation committees of the legislature by December 1, 2022, and 17
each December 1st thereafter identifying the selected programs and 18
school districts for funding by the legislature. The report must also 19
include the status of previously funded programs. 20
NEW SECTION. Sec. 614. A new section is added to chapter 47.04 21
RCW to read as follows: 22
The legislature finds that establishment of paved trails and 23
shared-use paths to link population centers will reduce exposure to 24
serious and fatal crashes for people using any mode of 25
transportation, provide accessibility for nondrivers, support mode 26
shift to reduce vehicle miles traveled, enhance the resiliency of the 27
state transportation system, and contribute to local economic growth.28
To address these policy priorities and opportunities, the 29
department shall create a grant program to develop statewide active 30
transportation connectivity infrastructure. The program must 31
prioritize connecting regional trail networks, filling gaps in 32
regional active transportation systems, developing networks to serve 33
a variety of user needs, and facilitating connections to major 34
transit stops, ferry terminals, and commuter and passenger rail 35
stations. The department is encouraged to collaborate with local 36
agencies, tribes, and active transportation partners to develop the 37
structure, criteria, and eligibility for the program.38
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PART VII1
MISCELLANEOUS2
Sec. 701. RCW 47.01.051 and 2006 c 334 s 1 are each amended to 3
read as follows: 4
There is hereby created a transportation commission, which shall 5
consist of ((seven)) five voting members appointed by the governor, 6
with the consent of the senate. ((The present five members of the 7
highway commission shall serve as five initial members of the 8
transportation commission until their terms of office as highway 9
commission members would have expired. The additional two members 10
provided herein for the transportation commission shall be appointed 11
for initial terms to expire on June 30, 1982, and June 30, 1983. 12
Thereafter all terms )) The present two members of the commission 13
whose terms expire June 30, 2025, shall serve until their expiration 14
date, at which time those positions are eliminated. The other present 15
five members of the commission shall continue serving until the 16
expiration dates of their respective current terms. Terms shall be 17
for six years. No elective state official, state officer, or state 18
employee shall be a member of the commission. At the time of 19
appointment or thereafter during their respective terms of office, 20
((four)) three members of the commission shall reside in the western 21
part of the state and ((three)) two members shall reside in the 22
eastern part of the state as divided north and south by the summit of 23
the Cascade mountains. No more than two members of the commission 24
shall reside in the same county; however, the governor, or his or her 25
designee, shall serve as a nonvoting member of the commission. 26
Commission appointments should reflect both a wide range of 27
transportation interests and a balanced statewide geographic 28
representation. Commissioners may be removed from office by the 29
governor before the expiration of their terms for cause. No member 30
shall be appointed for more than two consecutive terms.31
Sec. 702. RCW 47.01.071 and 2022 c 186 s 702 are each amended to 32
read as follows: 33
The transportation commission shall have the following functions, 34
powers, and duties: 35
(1) ((To propose policies to be adopted by the governor and the 36
legislature designed to assure the development and maintenance of a 37
comprehensive and balanced statewide transportation system which will 38
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meet the needs of the people of this state for safe and efficient 1
transportation services. Wherever appropriate, the policies shall 2
provide for the use of integrated, intermodal transportation systems. 3
The policies must be aligned with the goals established in RCW 4
47.04.280. To this end the commission shall: 5
(a) Develop transportation policies which are based on the 6
policies, goals, and objectives expressed and inherent in existing 7
state laws;8
(b) Inventory the adopted policies, goals, and objectives of the 9
local and area-wide governmental bodies of the state and define the 10
role of the state, regional, and local governments in determining 11
transportation policies, in transportation planning, and in 12
implementing the state transportation plan;13
(c) Establish a procedure for review and revision of the state 14
transportation policy and for submission of proposed changes to the 15
governor and the legislature; and16
(d) Integrate the statewide transportation plan with the needs of 17
the elderly and persons with disabilities, and coordinate federal and 18
state programs directed at assisting local governments to answer such 19
needs;20
(2) To provide for the effective coordination of state 21
transportation planning with national transportation policy, state 22
and local land use policies, and local and regional transportation 23
plans and programs;24
(3) In conjunction with the provisions under RCW 47.01.075, to 25
provide for public involvement in transportation designed to elicit 26
the public's views both with respect to adequate transportation 27
services and appropriate means of minimizing adverse social, 28
economic, environmental, and energy impact of transportation 29
programs;30
(4) By December 2010, to prepare a comprehensive and balanced 31
statewide transportation plan consistent with the state's growth 32
management goals and based on the transportation policy goals 33
provided under RCW 47.04.280 and applicable state and federal laws. 34
The plan must reflect the priorities of government developed by the 35
office of financial management and address regional needs, including 36
multimodal transportation planning. The plan must, at a minimum: (a) 37
Establish a vision for the development of the statewide 38
transportation system; (b) identify significant statewide 39
transportation policy issues; and (c) recommend statewide 40
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transportation policies and strategies to the legislature to fulfill 1
the requirements of subsection (1) of this section. The plan must be 2
the product of an ongoing process that involves representatives of 3
significant transportation interests and the general public from 4
across the state. Every four years, except during the 2021-2023 5
fiscal biennium, the plan shall be reviewed and revised, and 6
submitted to the governor and the house of representatives and senate 7
standing committees on transportation. 8
The plan shall take into account federal law and regulations 9
relating to the planning, construction, and operation of 10
transportation facilities;11
(5))) To propose to the governor and the legislature prior to the 12
convening of each regular session held in an odd-numbered year a 13
recommended budget for the operations of the commission as required 14
by RCW 47.01.061; 15
(((6))) (2) To adopt such rules as may be necessary to carry out 16
reasonably and properly those functions expressly vested in the 17
commission by statute; 18
(((7))) (3) To contract with the office of financial management 19
or other appropriate state agencies for administrative support, 20
accounting services, computer services, and other support services 21
necessary to carry out its other statutory duties;22
(((8))) (4) To conduct transportation-related studies and policy 23
analysis to the extent directed by the legislature or governor in the 24
biennial transportation budget act, or as otherwise provided in law, 25
and subject to the availability of amounts appropriated for this 26
specific purpose; and 27
(((9))) (5) To exercise such other specific powers and duties as 28
may be vested in the transportation commission by this or any other 29
provision of law. 30
NEW SECTION. Sec. 703. RCW 47.01.075 (Transportation policy 31
development) and 2007 c 516 s 5, 2006 c 334 s 4, & 2005 c 319 s 6 are 32
each repealed.33
Sec. 704. RCW 47.04.280 and 2021 c 153 s 1 are each amended to 34
read as follows: 35
(1) It is the intent of the legislature to establish policy goals 36
for the planning, operation, performance of, and investment in, the 37
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state's transportation system. Public investments in transportation 1
should support achievement of these policy goals: 2
(a) Preservation: To maintain, preserve, and extend the life and 3
utility of prior investments in transportation systems and services, 4
including the state ferry system; 5
(b) Safety: To provide for and improve the safety and security of 6
transportation customers and the transportation system;7
(c) Stewardship: To continuously improve the quality, 8
effectiveness, resilience, and efficiency of the transportation 9
system; 10
(d) Mobility: To improve the predictable movement of goods and 11
people throughout Washington state, including congestion relief and 12
improved freight mobility; 13
(e) Economic vitality: To promote and develop transportation 14
systems that stimulate, support, and enhance the movement of people 15
and goods to ensure a prosperous economy; and 16
(f) Environment: To enhance Washington's quality of life through 17
transportation investments that promote energy conservation, enhance 18
healthy communities, and protect the environment. 19
(2) The powers, duties, and functions of state transportation 20
agencies must be performed in a manner consistent with the policy 21
goals set forth in subsection (1) of this section with preservation 22
and safety being priorities. 23
(3) These policy goals are intended to be the basis for 24
establishing detailed and measurable objectives and related 25
performance measures. 26
(4) It is the intent of the legislature that the office of 27
financial management ((, in consultation with the transportation 28
commission,)) establish objectives and performance measures for the 29
department and other state agencies with transportation-related 30
responsibilities to ensure transportation system performance at 31
local, regional, and state government levels progresses toward the 32
attainment of the policy goals set forth in subsection (1) of this 33
section. The office of financial management shall submit objectives 34
and performance measures to the legislature for its review and shall 35
provide copies of the same to the commission during each regular 36
session of the legislature during an even-numbered year thereafter.37
(5) A local or regional agency engaging in transportation 38
planning may voluntarily establish objectives and performance 39
measures to demonstrate progress toward the attainment of the policy 40
p. 69 SB 5801
goals set forth in subsection (1) of this section or any other 1
transportation policy goals established by the local or regional 2
agency. A local or regional agency engaging in transportation 3
planning is encouraged to provide local and regional objectives and 4
performance measures to be included with the objectives and 5
performance measures submitted to the legislature pursuant to 6
subsection (4) of this section. 7
(6) This section does not create a private right of action.8
NEW SECTION. Sec. 705. The following acts or parts of acts are 9
each repealed:10
(1) RCW 46.68.490 (Climate active transportation account) and 11
2023 c 472 s 711 & 2022 c 182 s 102; and 12
(2) RCW 46.68.500 (Climate transit programs account) and 2023 c 13
472 s 712 & 2022 c 182 s 103. 14
Sec. 706. RCW 43.84.092 and 2024 c 210 s 4 and 2024 c 168 s 12 15
are each reenacted and amended to read as follows:16
(1) All earnings of investments of surplus balances in the state 17
treasury shall be deposited to the treasury income account, which 18
account is hereby established in the state treasury.19
(2) The treasury income account shall be utilized to pay or 20
receive funds associated with federal programs as required by the 21
federal cash management improvement act of 1990. The treasury income 22
account is subject in all respects to chapter 43.88 RCW, but no 23
appropriation is required for refunds or allocations of interest 24
earnings required by the cash management improvement act. Refunds of 25
interest to the federal treasury required under the cash management 26
improvement act fall under RCW 43.88.180 and shall not require 27
appropriation. The office of financial management shall determine the 28
amounts due to or from the federal government pursuant to the cash 29
management improvement act. The office of financial management may 30
direct transfers of funds between accounts as deemed necessary to 31
implement the provisions of the cash management improvement act, and 32
this subsection. Refunds or allocations shall occur prior to the 33
distributions of earnings set forth in subsection (4) of this 34
section. 35
(3) Except for the provisions of RCW 43.84.160, the treasury 36
income account may be utilized for the payment of purchased banking 37
services on behalf of treasury funds including, but not limited to, 38
p. 70 SB 5801
depository, safekeeping, and disbursement functions for the state 1
treasury and affected state agencies. The treasury income account is 2
subject in all respects to chapter 43.88 RCW, but no appropriation is 3
required for payments to financial institutions. Payments shall occur 4
prior to distribution of earnings set forth in subsection (4) of this 5
section. 6
(4) Monthly, the state treasurer shall distribute the earnings 7
credited to the treasury income account. The state treasurer shall 8
credit the general fund with all the earnings credited to the 9
treasury income account except: 10
(a) The following accounts and funds shall receive their 11
proportionate share of earnings based upon each account's and fund's 12
average daily balance for the period: The abandoned recreational 13
vehicle disposal account, the aeronautics account, the Alaskan Way 14
viaduct replacement project account, the ambulance transport fund, 15
the budget stabilization account, the capital vessel replacement 16
account, the capitol building construction account, the Central 17
Washington University capital projects account, the charitable, 18
educational, penal and reformatory institutions account, the Chehalis 19
basin account, the Chehalis basin taxable account, the clean fuels 20
credit account, the clean fuels transportation investment account, 21
the cleanup settlement account, ((the climate active transportation 22
account, the climate transit programs account, )) the Columbia river 23
basin water supply development account, the Columbia river basin 24
taxable bond water supply development account, the Columbia river 25
basin water supply revenue recovery account, the common school 26
construction fund, the community forest trust account, the connecting 27
Washington account, the county arterial preservation account, the 28
county criminal justice assistance account, the covenant 29
homeownership account, the deferred compensation administrative 30
account, the deferred compensation principal account, the department 31
of licensing services account, the department of retirement systems 32
expense account, the developmental disabilities community services 33
account, the diesel idle reduction account, the opioid abatement 34
settlement account, the drinking water assistance account, the 35
administrative subaccount of the drinking water assistance account, 36
the early learning facilities development account, the early learning 37
facilities revolving account, the Eastern Washington University 38
capital projects account, the education construction fund, the 39
education legacy trust account, the election account, the electric 40
p. 71 SB 5801
vehicle account, the energy freedom account, the energy recovery act 1
account, the essential rail assistance account, The Evergreen State 2
College capital projects account, the fair start for kids account, 3
the family medicine workforce development account, the ferry bond 4
retirement fund, the fish, wildlife, and conservation account, the 5
freight mobility investment account, the freight mobility multimodal 6
account, the grade crossing protective fund, the higher education 7
retirement plan supplemental benefit fund, the Washington student 8
loan account, the highway bond retirement fund, the highway 9
infrastructure account, the highway safety fund, the hospital safety 10
net assessment fund, the Interstate 5 bridge replacement project 11
account, the Interstate 405 and state route number 167 express toll 12
lanes account, the judges' retirement account, the judicial 13
retirement administrative account, the judicial retirement principal 14
account, the limited fish and wildlife account, the local leasehold 15
excise tax account, the local real estate excise tax account, the 16
local sales and use tax account, the marine resources stewardship 17
trust account, the medical aid account, the money-purchase retirement 18
savings administrative account, the money-purchase retirement savings 19
principal account, the motor vehicle fund, the motorcycle safety 20
education account, the move ahead WA account, the move ahead WA 21
flexible account, the multimodal transportation account, the multiuse 22
roadway safety account, the municipal criminal justice assistance 23
account, the oyster reserve land account, the pension funding 24
stabilization account, the perpetual surveillance and maintenance 25
account, the pilotage account, the pollution liability insurance 26
agency underground storage tank revolving account, the public 27
employees' retirement system plan 1 account, the public employees' 28
retirement system combined plan 2 and plan 3 account, the public 29
facilities construction loan revolving account, the public health 30
supplemental account, the public works assistance account, the Puget 31
Sound capital construction account, the Puget Sound ferry operations 32
account, the Puget Sound Gateway facility account, the Puget Sound 33
taxpayer accountability account, the real estate appraiser commission 34
account, the recreational vehicle account, the regional mobility 35
grant program account, the reserve officers' relief and pension 36
principal fund, the resource management cost account, the rural 37
arterial trust account, the rural mobility grant program account, the 38
rural Washington loan fund, the second injury fund, the sexual 39
assault prevention and response account, the site closure account, 40
p. 72 SB 5801
the skilled nursing facility safety net trust fund, the small city 1
pavement and sidewalk account, the special category C account, the 2
special wildlife account, the state hazard mitigation revolving loan 3
account, the state investment board expense account, the state 4
investment board commingled trust fund accounts, the state patrol 5
highway account, the state reclamation revolving account, the state 6
route number 520 civil penalties account, the state route number 520 7
corridor account, the statewide broadband account, the statewide 8
tourism marketing account, the supplemental pension account, the 9
Tacoma Narrows toll bridge account, the teachers' retirement system 10
plan 1 account, the teachers' retirement system combined plan 2 and 11
plan 3 account, the tobacco prevention and control account, the 12
tobacco settlement account, the toll facility bond retirement 13
account, the transportation 2003 account (nickel account), the 14
transportation equipment fund, the JUDY transportation future funding 15
program account, the transportation improvement account, the 16
transportation improvement board bond retirement account, the 17
transportation infrastructure account, the transportation partnership 18
account, the traumatic brain injury account, the tribal opioid 19
prevention and treatment account, the University of Washington bond 20
retirement fund, the University of Washington building account, the 21
voluntary cleanup account, the volunteer firefighters' relief and 22
pension principal fund, the volunteer firefighters' and reserve 23
officers' administrative fund, the vulnerable roadway user education 24
account, the Washington judicial retirement system account, the 25
Washington law enforcement officers' and firefighters' system plan 1 26
retirement account, the Washington law enforcement officers' and 27
firefighters' system plan 2 retirement account, the Washington public 28
safety employees' plan 2 retirement account, the Washington school 29
employees' retirement system combined plan 2 and 3 account, the 30
Washington state patrol retirement account, the Washington State 31
University building account, the Washington State University bond 32
retirement fund, the water pollution control revolving administration 33
account, the water pollution control revolving fund, the Western 34
Washington University capital projects account, the Yakima integrated 35
plan implementation account, the Yakima integrated plan 36
implementation revenue recovery account, and the Yakima integrated 37
plan implementation taxable bond account. Earnings derived from 38
investing balances of the agricultural permanent fund, the normal 39
school permanent fund, the permanent common school fund, the 40
p. 73 SB 5801
scientific permanent fund, and the state university permanent fund 1
shall be allocated to their respective beneficiary accounts.2
(b) Any state agency that has independent authority over accounts 3
or funds not statutorily required to be held in the state treasury 4
that deposits funds into a fund or account in the state treasury 5
pursuant to an agreement with the office of the state treasurer shall 6
receive its proportionate share of earnings based upon each account's 7
or fund's average daily balance for the period. 8
(5) In conformance with Article II, section 37 of the state 9
Constitution, no treasury accounts or funds shall be allocated 10
earnings without the specific affirmative directive of this section.11
Sec. 707. RCW 43.84.092 and 2024 c 210 s 5 and 2024 c 168 s 13 12
are each reenacted and amended to read as follows:13
(1) All earnings of investments of surplus balances in the state 14
treasury shall be deposited to the treasury income account, which 15
account is hereby established in the state treasury.16
(2) The treasury income account shall be utilized to pay or 17
receive funds associated with federal programs as required by the 18
federal cash management improvement act of 1990. The treasury income 19
account is subject in all respects to chapter 43.88 RCW, but no 20
appropriation is required for refunds or allocations of interest 21
earnings required by the cash management improvement act. Refunds of 22
interest to the federal treasury required under the cash management 23
improvement act fall under RCW 43.88.180 and shall not require 24
appropriation. The office of financial management shall determine the 25
amounts due to or from the federal government pursuant to the cash 26
management improvement act. The office of financial management may 27
direct transfers of funds between accounts as deemed necessary to 28
implement the provisions of the cash management improvement act, and 29
this subsection. Refunds or allocations shall occur prior to the 30
distributions of earnings set forth in subsection (4) of this 31
section. 32
(3) Except for the provisions of RCW 43.84.160, the treasury 33
income account may be utilized for the payment of purchased banking 34
services on behalf of treasury funds including, but not limited to, 35
depository, safekeeping, and disbursement functions for the state 36
treasury and affected state agencies. The treasury income account is 37
subject in all respects to chapter 43.88 RCW, but no appropriation is 38
required for payments to financial institutions. Payments shall occur 39
p. 74 SB 5801
prior to distribution of earnings set forth in subsection (4) of this 1
section. 2
(4) Monthly, the state treasurer shall distribute the earnings 3
credited to the treasury income account. The state treasurer shall 4
credit the general fund with all the earnings credited to the 5
treasury income account except: 6
(a) The following accounts and funds shall receive their 7
proportionate share of earnings based upon each account's and fund's 8
average daily balance for the period: The abandoned recreational 9
vehicle disposal account, the aeronautics account, the Alaskan Way 10
viaduct replacement project account, the budget stabilization 11
account, the capital vessel replacement account, the capitol building 12
construction account, the Central Washington University capital 13
projects account, the charitable, educational, penal and reformatory 14
institutions account, the Chehalis basin account, the Chehalis basin 15
taxable account, the clean fuels credit account, the clean fuels 16
transportation investment account, the cleanup settlement account, 17
((the climate active transportation account, the climate transit 18
programs account,)) the Columbia river basin water supply development 19
account, the Columbia river basin taxable bond water supply 20
development account, the Columbia river basin water supply revenue 21
recovery account, the common school construction fund, the community 22
forest trust account, the connecting Washington account, the county 23
arterial preservation account, the county criminal justice assistance 24
account, the covenant homeownership account, the deferred 25
compensation administrative account, the deferred compensation 26
principal account, the department of licensing services account, the 27
department of retirement systems expense account, the developmental 28
disabilities community services account, the diesel idle reduction 29
account, the opioid abatement settlement account, the drinking water 30
assistance account, the administrative subaccount of the drinking 31
water assistance account, the early learning facilities development 32
account, the early learning facilities revolving account, the Eastern 33
Washington University capital projects account, the education 34
construction fund, the education legacy trust account, the election 35
account, the electric vehicle account, the energy freedom account, 36
the energy recovery act account, the essential rail assistance 37
account, The Evergreen State College capital projects account, the 38
fair start for kids account, the family medicine workforce 39
development account, the ferry bond retirement fund, the fish, 40
p. 75 SB 5801
wildlife, and conservation account, the freight mobility investment 1
account, the freight mobility multimodal account, the grade crossing 2
protective fund, the higher education retirement plan supplemental 3
benefit fund, the Washington student loan account, the highway bond 4
retirement fund, the highway infrastructure account, the highway 5
safety fund, the hospital safety net assessment fund, the Interstate 6
5 bridge replacement project account, the Interstate 405 and state 7
route number 167 express toll lanes account, the judges' retirement 8
account, the judicial retirement administrative account, the judicial 9
retirement principal account, the limited fish and wildlife account, 10
the local leasehold excise tax account, the local real estate excise 11
tax account, the local sales and use tax account, the marine 12
resources stewardship trust account, the medical aid account, the 13
money-purchase retirement savings administrative account, the money-14
purchase retirement savings principal account, the motor vehicle 15
fund, the motorcycle safety education account, the move ahead WA 16
account, the move ahead WA flexible account, the multimodal 17
transportation account, the multiuse roadway safety account, the 18
municipal criminal justice assistance account, the oyster reserve 19
land account, the pension funding stabilization account, the 20
perpetual surveillance and maintenance account, the pilotage account, 21
the pollution liability insurance agency underground storage tank 22
revolving account, the public employees' retirement system plan 1 23
account, the public employees' retirement system combined plan 2 and 24
plan 3 account, the public facilities construction loan revolving 25
account, the public health supplemental account, the public works 26
assistance account, the Puget Sound capital construction account, the 27
Puget Sound ferry operations account, the Puget Sound Gateway 28
facility account, the Puget Sound taxpayer accountability account, 29
the real estate appraiser commission account, the recreational 30
vehicle account, the regional mobility grant program account, the 31
reserve officers' relief and pension principal fund, the resource 32
management cost account, the rural arterial trust account, the rural 33
mobility grant program account, the rural Washington loan fund, the 34
second injury fund, the sexual assault prevention and response 35
account, the site closure account, the skilled nursing facility 36
safety net trust fund, the small city pavement and sidewalk account, 37
the special category C account, the special wildlife account, the 38
state hazard mitigation revolving loan account, the state investment 39
board expense account, the state investment board commingled trust 40
p. 76 SB 5801
fund accounts, the state patrol highway account, the state 1
reclamation revolving account, the state route number 520 civil 2
penalties account, the state route number 520 corridor account, the 3
statewide broadband account, the statewide tourism marketing account, 4
the supplemental pension account, the Tacoma Narrows toll bridge 5
account, the teachers' retirement system plan 1 account, the 6
teachers' retirement system combined plan 2 and plan 3 account, the 7
tobacco prevention and control account, the tobacco settlement 8
account, the toll facility bond retirement account, the 9
transportation 2003 account (nickel account), the transportation 10
equipment fund, the JUDY transportation future funding program 11
account, the transportation improvement account, the transportation 12
improvement board bond retirement account, the transportation 13
infrastructure account, the transportation partnership account, the 14
traumatic brain injury account, the tribal opioid prevention and 15
treatment account, the University of Washington bond retirement fund, 16
the University of Washington building account, the voluntary cleanup 17
account, the volunteer firefighters' relief and pension principal 18
fund, the volunteer firefighters' and reserve officers' 19
administrative fund, the vulnerable roadway user education account, 20
the Washington judicial retirement system account, the Washington law 21
enforcement officers' and firefighters' system plan 1 retirement 22
account, the Washington law enforcement officers' and firefighters' 23
system plan 2 retirement account, the Washington public safety 24
employees' plan 2 retirement account, the Washington school 25
employees' retirement system combined plan 2 and 3 account, the 26
Washington state patrol retirement account, the Washington State 27
University building account, the Washington State University bond 28
retirement fund, the water pollution control revolving administration 29
account, the water pollution control revolving fund, the Western 30
Washington University capital projects account, the Yakima integrated 31
plan implementation account, the Yakima integrated plan 32
implementation revenue recovery account, and the Yakima integrated 33
plan implementation taxable bond account. Earnings derived from 34
investing balances of the agricultural permanent fund, the normal 35
school permanent fund, the permanent common school fund, the 36
scientific permanent fund, and the state university permanent fund 37
shall be allocated to their respective beneficiary accounts.38
(b) Any state agency that has independent authority over accounts 39
or funds not statutorily required to be held in the state treasury 40
p. 77 SB 5801
that deposits funds into a fund or account in the state treasury 1
pursuant to an agreement with the office of the state treasurer shall 2
receive its proportionate share of earnings based upon each account's 3
or fund's average daily balance for the period. 4
(5) In conformance with Article II, section 37 of the state 5
Constitution, no treasury accounts or funds shall be allocated 6
earnings without the specific affirmative directive of this section.7
Sec. 708. RCW 70A.65.030 and 2023 c 475 s 1902 and 2023 c 475 s 8
936 are each reenacted and amended to read as follows:9
(1) ((Except as provided in subsection (4) of this section, 10
each)) Each year or biennium, as appropriate, when allocating funds 11
from the carbon emissions reduction account created in RCW 12
70A.65.240, the climate commitment account created in RCW 70A.65.260, 13
the natural climate solutions account created in RCW 70A.65.270, the 14
climate investment account created in RCW 70A.65.250, or the air 15
quality and health disparities improvement account created in RCW 16
70A.65.280, ((the climate transit programs account created in RCW 17
46.68.500, or the climate active transportation account created in 18
RCW 46.68.490,)) or administering grants or programs funded by the 19
accounts, agencies shall conduct an environmental justice assessment 20
consistent with the requirements of RCW 70A.02.060 and establish a 21
minimum of not less than 35 percent and a goal of 40 percent of total 22
investments that provide direct and meaningful benefits to vulnerable 23
populations within the boundaries of overburdened communities 24
through: (a) The direct reduction of environmental burdens in 25
overburdened communities; (b) the reduction of disproportionate, 26
cumulative risk from environmental burdens, including those 27
associated with climate change; (c) the support of community led 28
project development, planning, and participation costs; or (d) 29
meeting a community need identified by the community that is 30
consistent with the intent of this chapter or RCW 70A.02.010.31
(2) The allocation of funding under subsection (1) of this 32
section must adhere to the following principles, additional to the 33
requirements of RCW 70A.02.080: (a) Benefits and programs should be 34
directed to areas and targeted to vulnerable populations and 35
overburdened communities to reduce statewide disparities; (b) 36
investments and benefits should be made roughly proportional to the 37
health disparities that a specific community experiences, with a goal 38
of eliminating the disparities; (c) investments and programs should 39
p. 78 SB 5801
focus on creating environmental benefits, including eliminating 1
health burdens, creating community and population resilience, and 2
raising the quality of life of those in the community; and (d) 3
efforts should be made to balance investments and benefits across the 4
state and within counties, local jurisdictions, and unincorporated 5
areas as appropriate to reduce disparities by location and to ensure 6
efforts contribute to a reduction in disparities that exist based on 7
race or ethnicity, socioeconomic status, or other factors.8
(3) ((Except as provided in subsection (4) of this section, 9
state)) State agencies allocating funds or administering grants or 10
programs from the carbon emissions reduction account created in RCW 11
70A.65.240, the climate commitment account created in RCW 70A.65.260, 12
the natural climate solutions account created in RCW 70A.65.270, the 13
climate investment account created in RCW 70A.65.250, or the air 14
quality and health disparities improvement account created in RCW 15
70A.65.280, ((the climate transit programs account created in RCW 16
46.68.500, or the climate active transportation account created in 17
RCW 46.68.490,)) must: 18
(a) Report annually to the environmental justice council created 19
in RCW 70A.02.110 regarding progress toward meeting environmental 20
justice and environmental health goals; 21
(b) Consider recommendations by the environmental justice 22
council; and 23
(c)(i) If the agency is not a covered agency subject to the 24
requirements of chapter 70A.02 RCW, create and adopt a community 25
engagement plan to describe how it will engage with overburdened 26
communities and vulnerable populations in allocating funds or 27
administering grants or programs from the climate investment account.28
(ii) The plan must include methods for outreach and communication 29
with those who face barriers, language or otherwise, to 30
participation. 31
(((4) During the 2023-2025 fiscal biennium:32
(a) The requirement of subsection (1) of this section to conduct 33
an environmental justice assessment applies only to covered agencies 34
as defined in RCW 70A.02.010 and to significant agency actions as 35
defined in RCW 70A.02.010.36
(b) Agencies shall coordinate with the department and the office 37
of financial management to achieve total statewide spending from the 38
accounts listed in subsection (1) of this section of not less than 35 39
percent and a goal of 40 percent of total investments that provide 40
p. 79 SB 5801
direct and meaningful benefits to vulnerable populations within the 1
boundaries of overburdened communities as otherwise described in 2
subsection (1)(a) through (d) of this section and in accordance with 3
RCW 70A.65.230. 4
(c) The requirements of subsection (3)(c) of this section for 5
agencies other than covered agencies to create and adopt community 6
engagement plans apply only to executive branch agencies and 7
institutions of higher education, as defined in RCW 28B.10.016, 8
receiving total appropriations of more than $2,000,000 for the 9
2023-2025 fiscal biennium from the accounts listed in subsection (1) 10
of this section.))11
Sec. 709. RCW 70A.65.040 and 2022 c 182 s 105 and 2022 c 181 s 12
14 are each reenacted and amended to read as follows:13
(1) The environmental justice council created in RCW 70A.02.110 14
must provide recommendations to the legislature, agencies, and the 15
governor in the development and implementation of the program 16
established in RCW 70A.65.060 through 70A.65.210, and the programs 17
funded from the carbon emissions reduction account created in RCW 18
70A.65.240, the climate commitment account created in RCW 70A.65.260, 19
the natural climate solutions account created in RCW 70A.65.270, and 20
the climate investment account created in RCW 70A.65.250((, the 21
climate transit programs account created in RCW 46.68.500, and the 22
climate active transportation account created in RCW 46.68.490)).23
(2) In addition to the duties and authorities granted in chapter 24
70A.02 RCW to the environmental justice council, the environmental 25
justice council must: 26
(a) Provide recommendations to the legislature, agencies, and the 27
governor in the development of: 28
(i) The program established in RCW 70A.65.060 through 70A.65.210 29
including, but not limited to, linkage with other jurisdictions, 30
protocols for establishing offset projects and securing offset 31
credits, designation of emissions-intensive and trade-exposed 32
industries under RCW 70A.65.110, and administration of allowances 33
under the program; and 34
(ii) Investment plans and funding proposals for the programs 35
funded from the climate investment account created in RCW 70A.65.250 36
for the purpose of providing environmental benefits and reducing 37
environmental health disparities within overburdened communities;38
p. 80 SB 5801
(b) Provide a forum to analyze policies adopted under this 1
chapter to determine if the policies lead to improvements within 2
overburdened communities; 3
(c) Recommend procedures and criteria for evaluating programs, 4
activities, or projects; 5
(d) Recommend copollutant emissions reduction goals in 6
overburdened communities; 7
(e) Evaluate the level of funding provided to assist vulnerable 8
populations, low-income individuals, and impacted workers and the 9
funding of projects and activities located within or benefiting 10
overburdened communities; 11
(f) Recommend environmental justice and environmental health 12
goals for programs, activities, and projects funded from the climate 13
investment account, and review agency annual reports on outcomes and 14
progress toward meeting these goals; 15
(g) Provide recommendations to implementing agencies for 16
meaningful consultation with vulnerable populations, including 17
community engagement plans under RCW 70A.65.020 and 70A.65.030; and18
(h) Recommend how to support public participation through 19
capacity grants for participation. 20
(3) For the purpose of performing the duties under subsection (2) 21
of this section, two additional tribal members are added to the 22
council. 23
Sec. 710. RCW 70A.65.230 and 2022 c 182 s 426 and 2022 c 181 s 8 24
are each reenacted and amended to read as follows:25
(1) It is the intent of the legislature that each year the total 26
investments made through the carbon emissions reduction account 27
created in RCW 70A.65.240, the climate commitment account created in 28
RCW 70A.65.260, the natural climate solutions account created in RCW 29
70A.65.270, and the air quality and health disparities improvement 30
account created in RCW 70A.65.280, ((the climate transit programs 31
account created in RCW 46.68.500, and the climate active 32
transportation account created in RCW 46.68.490,)) achieve the 33
following: 34
(a) A minimum of not less than 35 percent and a goal of 40 35
percent of total investments that provide direct and meaningful 36
benefits to vulnerable populations within the boundaries of 37
overburdened communities identified under chapter 70A.02 RCW; and38
p. 81 SB 5801
(b) In addition to the requirements of (a) of this subsection, a 1
minimum of not less than 10 percent of total investments that are 2
used for programs, activities, or projects formally supported by a 3
resolution of an Indian tribe, with priority given to otherwise 4
qualifying projects directly administered or proposed by an Indian 5
tribe. An investment that meets the requirements of both this 6
subsection (1)(b) and (a) of this subsection may count toward the 7
minimum percentage targets for both subsections. 8
(2) The expenditure of moneys under this chapter must be 9
consistent with applicable federal, state, and local laws, and treaty 10
rights including, but not limited to, prohibitions on uses of funds 11
imposed by the state Constitution. 12
(3) For the purposes of this section, "benefits" means 13
investments or activities that: 14
(a) Reduce vulnerable population characteristics, environmental 15
burdens, or associated risks that contribute significantly to the 16
cumulative impact designation of overburdened communities;17
(b) Meaningfully protect an overburdened community from, or 18
support community response to, the impacts of air pollution or 19
climate change; or 20
(c) Meet a community need identified by vulnerable members of the 21
overburdened community that is consistent with the intent of this 22
chapter. 23
(4) The state must develop a process by which to evaluate the 24
impacts of the investments made under this chapter, work across state 25
agencies to develop and track priorities across the different 26
eligible funding categories, and work with the environmental justice 27
council pursuant to RCW 70A.65.040. 28
NEW SECTION. Sec. 711. Any residual balance of funds remaining 29
in the climate transit programs account or the climate active 30
transportation account on June 30, 2025, shall be transferred by the 31
state treasurer to the carbon emissions reduction account.32
Sec. 712. RCW 81.52.050 and 2013 c 23 s 301 are each amended to 33
read as follows: 34
Every person, company, or corporation having the control or 35
management of any railroad shall, outside of any corporate city or 36
town, and outside the limits of any sidetrack or switch, cause to be 37
constructed and maintained in good repair on each side of said 38
p. 82 SB 5801
railroad, along the line of said right -of-way of such person, 1
company, or corporation operating the same, a substantial fence, and 2
at every point where any roadway or other public highway shall cross 3
said railroad, a safe and sufficient crossing must be built and 4
maintained, and on each side of such crossing and at each end of such 5
sidetrack or switch, outside of any incorporated city or town, a 6
sufficient cattle guard: PROVIDED, That any person holding land on 7
both sides of said right -of-way shall have the right to put in gates 8
for his or her own use at such places as may be convenient. This 9
section does not apply to rail right -of-way owned by the department 10
of transportation.11
Sec. 713. RCW 46.63.220 and 2024 c 307 s 2 are each amended to 12
read as follows: 13
(1) Nothing in this section prohibits a law enforcement officer 14
from issuing a notice of traffic infraction to a person in control of 15
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), 16
(b), or (c). 17
(2) Any city or county may authorize the use of automated traffic 18
safety cameras and must adopt an ordinance authorizing such use 19
through its local legislative authority. 20
(3) The local legislative authority must prepare an analysis of 21
the locations within the jurisdiction where automated traffic safety 22
cameras are proposed to be located before adding traffic safety 23
cameras to a new location or relocating any existing camera to a new 24
location within the jurisdiction. The analysis must include equity 25
considerations including the impact of the camera placement on 26
livability, accessibility, economics, education, and environmental 27
health when identifying where to locate an automated traffic safety 28
camera. The analysis must also show a demonstrated need for traffic 29
cameras based on one or more of the following in the vicinity of the 30
proposed camera location: Travel by vulnerable road users, evidence 31
of vehicles speeding, rates of collision, reports showing near 32
collisions, and anticipated or actual ineffectiveness or 33
infeasibility of other mitigation measures. 34
(4) Automated traffic safety cameras may not be used on an on-35
ramp to a limited access facility as defined in RCW 47.52.010.36
(5) A city may use automated traffic safety cameras to enforce 37
traffic ordinances in this section on state highways that are also 38
classified as city streets under chapter 47.24 RCW. A city government 39
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must notify the department of transportation when it installs an 1
automated traffic safety camera to enforce traffic ordinances as 2
authorized in this subsection. 3
(6)(a) At a minimum, a local ordinance adopted pursuant to this 4
section must contain the restrictions described in this section and 5
provisions for public notice and signage. Cities and counties must 6
also post such restrictions and other automated traffic safety camera 7
policies on the city's or county's website. Cities and counties using 8
automated traffic safety cameras before July 24, 2005, are subject to 9
the restrictions described in this section, but are not required to 10
adopt an authorizing ordinance. 11
(b)(i) Cities and counties using automated traffic safety cameras 12
must post an annual report on the city's or county's website of the 13
number of traffic crashes that occurred at each location where an 14
automated traffic safety camera is located, as well as the number of 15
notices of infraction issued for each camera. Beginning January 1, 16
2026, the annual report must include the percentage of revenues 17
received from fines issued from automated traffic safety camera 18
infractions that were used to pay for the costs of the automated 19
traffic safety camera program and must describe the uses of revenues 20
that exceeded the costs of operation and administration of the 21
automated traffic safety camera program by the city or county.22
(ii) The Washington traffic safety commission must provide an 23
annual report to the transportation committees of the legislature, 24
and post the report to its website for public access, beginning July 25
1, 2026, that includes aggregated information on the use of automated 26
traffic safety cameras in the state that includes an assessment of 27
the impact of their use, information required in city and county 28
annual reports under (b)(i) of this subsection, and information on 29
the number of automated traffic safety cameras in use by type and 30
location, with an analysis of camera placement in the context of area 31
demographics and household incomes. To the extent practicable, the 32
commission must also provide in its annual report the number of 33
traffic accidents, speeding violations, single vehicle accidents, 34
pedestrian accidents, and driving under the influence violations that 35
occurred at each location where an automated traffic safety camera is 36
located in the five years before each camera's authorization and 37
after each camera's authorization. Cities and counties using 38
automated traffic safety cameras must provide the commission with the 39
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data it requests for the report required under this subsection in a 1
form and manner specified by the commission. 2
(7) All locations where an automated traffic safety camera is 3
used on roadways or intersections must be clearly marked by placing 4
signs at least 30 days prior to activation of the camera in locations 5
that clearly indicate to a driver either that: (a) The driver is 6
within an area where automated traffic safety cameras are authorized; 7
or (b) the driver is entering an area where violations are enforced 8
by an automated traffic safety camera. The signs must be readily 9
visible to a driver approaching an automated traffic safety camera. 10
Signs placed in automated traffic safety camera locations after June 11
7, 2012, must follow the specifications and guidelines under the 12
manual of uniform traffic control devices for streets and highways as 13
adopted by the department of transportation under chapter 47.36 RCW. 14
All public transportation vehicles utilizing a vehicle-mounted system 15
must post a sign on the rear of the vehicle indicating to drivers 16
that the vehicle is equipped with an automated traffic safety camera 17
to enforce bus stop zone violations. 18
(8) Automated traffic safety cameras may only record images of 19
the vehicle and vehicle license plate and only while an infraction is 20
occurring. The image must not reveal the face of the driver or of 21
passengers in the vehicle. The primary purpose of camera placement is 22
to record images of the vehicle and vehicle license plate when an 23
infraction is occurring. Cities and counties must consider installing 24
automated traffic safety cameras in a manner that minimizes the 25
impact of camera flash on drivers. 26
(9) A notice of infraction must be mailed to the registered owner 27
of the vehicle within 14 days of the violation, or to the renter of a 28
vehicle within 14 days of establishing the renter's name and address 29
under subsection (17) of this section. The notice of infraction must 30
include with it a certificate or facsimile thereof, based upon 31
inspection of photographs, microphotographs, or electronic images 32
produced by an automated traffic safety camera, stating the facts 33
supporting the notice of infraction. This certificate or facsimile is 34
prima facie evidence of the facts contained in it and is admissible 35
in a proceeding charging a violation under this chapter. The 36
photographs, microphotographs, or electronic images evidencing the 37
violation must be available for inspection and admission into 38
evidence in a proceeding to adjudicate the liability for the 39
infraction. A person receiving a notice of infraction based on 40
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evidence detected by an automated traffic safety camera may respond 1
to the notice by mail. 2
(10) The registered owner of a vehicle is responsible for an 3
infraction under RCW 46.63.030(1)(d) unless the registered owner 4
overcomes the presumption in RCW 46.63.075, or, in the case of a 5
rental car business, satisfies the conditions under subsection (17) 6
of this section. If appropriate under the circumstances, a renter 7
identified under subsection (17)(a) of this section is responsible 8
for an infraction. 9
(11) Notwithstanding any other provision of law, all photographs, 10
microphotographs, or electronic images, or any other personally 11
identifying data prepared under this section are for the exclusive 12
use of authorized city or county employees, as specified in RCW 13
46.63.030(1)(d), in the discharge of duties under this section and 14
are not open to the public and may not be used in a court in a 15
pending action or proceeding unless the action or proceeding relates 16
to a violation under this section. No photograph, microphotograph, or 17
electronic image, or any other personally identifying data may be 18
used for any purpose other than enforcement of violations under this 19
section nor retained longer than necessary to enforce this section. 20
Transit authorities must provide to the appropriate local 21
jurisdiction that has authorized traffic safety camera use under RCW 22
46.63.260(((2))) (3) any images or evidence collected establishing 23
that a violation of stopping, standing, or parking in a bus stop zone 24
has occurred for infraction processing purposes consistent with this 25
section. 26
(12) If a county or city has established an automated traffic 27
safety camera program as authorized under this section, the 28
compensation paid to the manufacturer or vendor of the equipment used 29
must be based only upon the value of the equipment and services 30
provided or rendered in support of the system and may not be based 31
upon a portion of the fine or civil penalty imposed or the revenue 32
generated by the equipment. If the contract between the city or 33
county and manufacturer or vendor of the equipment does not provide 34
for performance or quality control measures regarding camera images, 35
the city or county must perform a performance audit of the 36
manufacturer or vendor of the equipment every three years to review 37
and ensure that images produced from automated traffic safety cameras 38
are sufficient for evidentiary purposes as described in subsection 39
(9) of this section. 40
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(13)(a) Except as provided in (d) of this subsection, a county or 1
a city may only use revenue generated by an automated traffic safety 2
camera program as authorized under this section for:3
(i) Traffic safety activities related to construction and 4
preservation projects and maintenance and operations purposes 5
including, but not limited to, projects designed to implement the 6
complete streets approach as defined in RCW 47.04.010, changes in 7
physical infrastructure to reduce speeds through road design, and 8
changes to improve safety for active transportation users, including 9
improvements to access and safety for road users with mobility, 10
sight, or other disabilities; and 11
(ii) The cost to administer, install, operate, and maintain the 12
automated traffic safety cameras, including the cost of processing 13
infractions. 14
(b) Except as provided in (d) of this subsection:15
(i) The automated traffic safety camera program revenue used by a 16
county or city with a population of 10,000 or more for purposes 17
described in (a)(i) of this subsection must include the use of 18
revenue in census tracts of the city or county that have household 19
incomes in the lowest quartile determined by the most currently 20
available census data and areas that experience rates of injury 21
crashes that are above average for the city or county. Funding 22
contributed from traffic safety program revenue must be, at a 23
minimum, proportionate to the share of the population of the county 24
or city who are residents of these low-income communities and 25
communities experiencing high injury crash rates. This share must be 26
directed to investments that provide direct and meaningful traffic 27
safety benefits to these communities. Revenue used to administer, 28
install, operate, and maintain automated traffic safety cameras, 29
including the cost of processing infractions, are excluded from 30
determination of the proportionate share of revenues under this 31
subsection (13)(b); and 32
(ii) The automated traffic safety camera program revenue used by 33
a city or county with a population under 10,000 for traffic safety 34
activities under (a)(i) of this subsection must be informed by the 35
department of health's environmental health disparities map.36
(c) Except as provided in (d) of this subsection, beginning four 37
years after an automated traffic safety camera authorized under this 38
section is initially placed and in use after June 6, 2024, 25 percent 39
of the noninterest money received for infractions issued by such 40
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cameras in excess of the cost to administer, install, operate, and 1
maintain the cameras, including the cost of processing infractions, 2
must be deposited into the Cooper Jones active transportation safety 3
account created in RCW 46.68.480. 4
(d)(i)(A) Jurisdictions with an automated traffic safety camera 5
program in effect before January 1, 2024, may continue to allocate 6
revenue generated from automated traffic safety cameras authorized 7
under RCW 46.63.230 and 46.63.250(2)(c) as determined by the 8
jurisdiction, as well as for the purposes established in (a) through 9
(c) of this subsection, by: 10
(I) Up to a 10 percent increase in the number of traffic safety 11
camera locations authorized to detect violations for automated 12
traffic safety cameras authorized under RCW 46.63.230; and13
(II) Up to a 10 percent increase in the number of traffic safety 14
camera locations authorized to detect violations for automated 15
traffic safety cameras authorized under RCW 46.63.250(2)(c).16
(B)(I) Any automated traffic safety camera program in effect 17
before January 1, 2024, with fewer than 10 traffic safety camera 18
locations for automated traffic safety cameras authorized under RCW 19
46.63.230, which adds automated traffic safety cameras to one 20
additional location for the use of cameras authorized under RCW 21
46.63.230, may continue to allocate revenue generated from automated 22
traffic safety cameras authorized under RCW 46.63.230 as determined 23
by the jurisdiction, as well as for the purposes established in (a) 24
through (c) of this subsection. 25
(II) Any automated traffic safety camera program in effect before 26
January 1, 2024, with fewer than 10 traffic safety camera locations 27
for automated traffic safety cameras authorized under RCW 28
46.63.250(2)(c) as of January 1, 2024, which adds automated traffic 29
safety cameras to one additional location for the use of cameras 30
authorized under RCW 46.63.250(2)(c), may continue to allocate 31
revenue generated from automated traffic safety cameras authorized 32
under RCW 46.63.250(2)(c) as determined by the jurisdiction, as well 33
as for the purposes established in (a) through (c) of this 34
subsection. 35
(C) For the purposes of this subsection (13)(d)(i), a location 36
is: 37
(I) An intersection for automated traffic safety cameras 38
authorized under RCW 46.63.230 where cameras authorized under RCW 39
46.63.230 are in use; and 40
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(II) A school speed zone for automated traffic safety cameras 1
authorized under RCW 46.63.250(2)(c) where cameras authorized under 2
RCW 46.63.250(2)(c) are in use. 3
(ii) The revenue distribution requirements under (a) through 4
(d)(i) of this subsection do not apply to automated traffic safety 5
camera programs in effect before January 1, 2024, for which an 6
ordinance in effect as of January 1, 2024, directs the manner in 7
which revenue generated from automated traffic safety cameras 8
authorized under RCW 46.63.230 or 46.63.250(2)(c) must be used.9
(14) A county or city may adopt the use of an online ability-to-10
pay calculator to process and grant requests for reduced fines or 11
reduced civil penalties for automated traffic safety camera 12
violations. 13
(15) Except as provided in this subsection, registered owners of 14
vehicles who receive notices of infraction for automated traffic 15
safety camera-enforced infractions and are recipients of public 16
assistance under Title 74 RCW or participants in the Washington 17
women, infants, and children program, and who request reduced 18
penalties for infractions detected through the use of automated 19
traffic safety camera violations, must be granted reduced penalty 20
amounts of 50 percent of what would otherwise be assessed for a first 21
automated traffic safety camera violation and for subsequent 22
automated traffic safety camera violations issued within 21 days of 23
issuance of the first automated traffic safety camera violation. 24
Eligibility for medicaid under RCW 74.09.510 is not a qualifying 25
criterion under this subsection. Registered owners of vehicles who 26
receive notices of infraction must be provided with information on 27
their eligibility and the opportunity to apply for a reduction in 28
penalty amounts through the mail or internet. 29
(16) Infractions detected through the use of automated traffic 30
safety cameras are not part of the registered owner's driving record 31
under RCW 46.52.101 and 46.52.120. Additionally, infractions 32
generated by the use of automated traffic safety cameras under this 33
section must be processed in the same manner as parking infractions, 34
including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, 35
and 46.20.270(2). The amount of the fine issued for an infraction 36
generated through the use of an automated traffic safety camera may 37
not exceed $145, as adjusted for inflation by the office of financial 38
management every five years, beginning January 1, 2029, based upon 39
changes in the consumer price index during that time period, but may 40
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be doubled for a school speed zone infraction generated through the 1
use of an automated traffic safety camera. 2
(17) If the registered owner of the vehicle is a rental car 3
business, the issuing agency must, before a notice of infraction 4
being issued under this section, provide a written notice to the 5
rental car business that a notice of infraction may be issued to the 6
rental car business if the rental car business does not, within 18 7
days of receiving the written notice, provide to the issuing agency 8
by return mail: 9
(a) A statement under oath stating the name and known mailing 10
address of the individual driving or renting the vehicle when the 11
infraction occurred; or 12
(b) A statement under oath that the business is unable to 13
determine who was driving or renting the vehicle at the time the 14
infraction occurred because the vehicle was stolen at the time of the 15
infraction. A statement provided under this subsection must be 16
accompanied by a copy of a filed police report regarding the vehicle 17
theft; or 18
(c) In lieu of identifying the vehicle operator, the rental car 19
business may pay the applicable penalty. Timely mailing of this 20
statement to the issuing agency relieves a rental car business of any 21
liability under this chapter for the notice of infraction.22
Sec. 714. RCW 47.04.350 and 2019 c 287 s 3 are each amended to 23
read as follows: 24
(1) Subject to the availability of amounts appropriated for this 25
specific purpose ((through the 2023-2025 biennium )), the department's 26
public-private partnership office must develop and maintain a program 27
to support the deployment of clean alternative fuel vehicle charging 28
and refueling infrastructure that is supported by private financing.29
(2) The department must define corridors in which bidders may 30
propose to install electric vehicle charging infrastructure or 31
hydrogen fueling stations, and may update these corridors over time 32
as needed. Alternatively, a bidder may propose a corridor in which 33
the bidder proposes to install electric vehicle infrastructure or 34
hydrogen fueling stations if the department has adopted rules 35
allowing such a proposal and establishing guidelines for how such a 36
proposal will be considered. 37
(3)(a) For bid proposals under this section, the department must 38
require the following: 39
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(i) Bidders must have private sector partners contributing to the 1
project who stand to gain indirect value from development of the 2
project, such as motor vehicle manufacturers, retail stores, or 3
tourism stakeholders; 4
(ii) Bidders must demonstrate that the proposed project will be 5
valuable to clean alternative fuel vehicle drivers and will address 6
an existing gap in the state's low carbon transportation 7
infrastructure; 8
(iii) Projects must be expected to be profitable and sustainable 9
for the owner-operator and the private partner; and10
(iv) Bidders must specify how the project captures the indirect 11
value of charging or refueling station deployment to the private 12
partner. 13
(b) The department may adopt rules that require any other 14
criteria for a successful project. 15
(4) In evaluating proposals under this section, the department 16
may use the electric vehicle financial analysis tool that was 17
developed in the joint transportation committee's study into 18
financing electric vehicle charging station infrastructure.19
(5)(a) After selecting a successful proposer under this section, 20
the department may provide a loan or grant to the proposer.21
(b) Grants and loans issued under this subsection must be funded 22
from the electric vehicle account created in RCW 82.44.200.23
(c) Any project selected for support under this section is 24
eligible for only one grant or loan as a part of the program.25
(6) The department may conduct preliminary workshops with 26
potential bidders and other potential private sector partners to 27
determine the best method of designing and maintaining the program, 28
discuss how to develop and maintain the partnerships among the 29
private sector partners that may receive indirect value, and any 30
other issues relating to the implementation and administration of 31
this section. The department should consider regional workshops to 32
engage potential business partners from across the state.33
(7) The department must adopt rules to implement and administer 34
this section. 35
Sec. 715. RCW 47.04.355 and 2019 c 287 s 16 are each amended to 36
read as follows: 37
(1) Subject to the availability of amounts appropriated for this 38
specific purpose ((through the 2023-2025 biennium )), the department's 39
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public-private partnership office must develop a pilot program to 1
support clean alternative fuel car sharing programs to provide clean 2
alternative fuel vehicle use opportunities to underserved communities 3
and low to moderate income members of the workforce not readily 4
served by transit or located in transportation corridors with 5
emissions that exceed federal or state emissions standards. Nonprofit 6
organizations or local governments, including housing authorities, 7
with a demonstrated history of managing or implementing low-income 8
transportation clean alternative fuel and shared mobility pilot 9
programs are eligible to participate in this program.10
(2) The department must determine specific eligibility criteria, 11
based on the requirements of this section, the report submitted to 12
the legislature by the Puget Sound clean air agency entitled 13
facilitating low-income utilization of electric vehicles, and other 14
factors relevant to increasing clean alternative fuel vehicle use in 15
underserved and low to moderate income communities. The department 16
may adopt rules specifying the eligibility criteria it selects.17
(3) The department may conduct preliminary workshops with 18
potential bidders and other potential partners to determine the best 19
method of designing the pilot program. 20
(4) The department must include the following elements in its 21
proposal evaluation and scoring methodology: History of successful 22
management of equity focused clean alternative fuel vehicle projects; 23
substantial level of involvement from community-based, equity focused 24
organizations in the project; plan for long-term financial 25
sustainability of the work beyond the duration of the grant period; 26
matching resources leveraged for the project; and geographical 27
diversity of the projects selected. 28
(5) After selecting successful proposals under this section, the 29
department may provide grant funding to them. The total grant amount 30
available per project may range from ((fifty thousand )) $50,000 to 31
((two hundred thousand dollars )) $200,000. The grant opportunity must 32
include possible funding of vehicles, charging or refueling station 33
infrastructure, staff time, and any other expenses required to 34
implement the project. No more than ((ten)) 10 percent of grant funds 35
may be used for administrative expenses. 36
(6)(a) Any property acquired with state grant funding under this 37
section by nongovernmental participants must be used solely for 38
program purposes and, if sold, the proceeds of the sale must be used 39
solely for program purposes. 40
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(b) At the termination of a program for providing alternative 1
fuel car sharing services, the state must be reimbursed for any 2
property acquired with state grant funding under this section that 3
nongovernmental participants in the program retain at the time of 4
program termination. The amount of reimbursement may under no 5
circumstances be less than the fair market value of the property at 6
the time of the termination of the program. 7
Sec. 716. RCW 47.60.826 and 2023 c 429 s 2 are each amended to 8
read as follows: 9
(1)(a) The department shall contract for the acquisition of up to 10
((five)) 16 new hybrid diesel-electric ferry vessels that can carry 11
up to ((144)) 160 vehicles, using a one or two contract procurement 12
approach to potentially accelerate vessel delivery.13
(b) The Washington state ferries shall make available the design 14
for the ((144)) 160 vehicle hybrid electric Olympic class vessel to 15
potential bidders. Incentives may be awarded by the department to 16
bidders who offer design modifications that: 17
(i) Lower the minimum number of crew needed to staff the vessel 18
in accordance with United States coast guard requirements;19
(ii) Incorporate materials, technologies, or other features that 20
lower life-cycle maintenance and operations costs;21
(iii) Accelerate the proposed delivery schedule; or22
(iv) Make other improvements determined to be beneficial by the 23
department. The Washington state ferries may allow for exceptions of 24
the ((144)) 160 vehicle capacity of the vessel design in cases where 25
efficiencies outlined in (b)(i) or (ii) of this subsection are met.26
(2)(a) The contract or contracts must be for a minimum of two 27
vessels, with options for ((up to five vessels in total )) additional 28
vessels, and are exempt from the requirements set forth in RCW 29
47.60.810 through 47.60.824. 30
(b) The contract or contracts may employ the following 31
procurement methods: 32
(i) Design-build procedure as authorized under chapter 39.10 RCW;33
(ii) Design-bid-build as authorized under chapter 39.04 RCW or an 34
equivalent process allowed in statute as determined by the 35
department; or 36
(iii) Lease with an option to buy in accordance with RCW 37
47.60.010. The terms of any plan to pursue a lease with an option to 38
buy agreement must be approved by the governor and appropriate 39
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committees of the legislature and are subject to the availability of 1
amounts appropriated for this specific purpose. 2
(c) To the extent possible, the department shall establish and 3
apply evaluation criteria beyond low price to meet best value 4
objectives. 5
(d) The department must award a credit of 13 percent of the bid 6
price for bid proposals for vessels constructed in the state of 7
Washington, which must be adjusted to reflect the proportion of the 8
construction of the vessels that occurs within the state. This credit 9
represents the: 10
(i) Amount of economic and revenue loss to the state of 11
Washington from constructing vessels outside the state of Washington, 12
as indicated by the Washington institute for public policy study 13
regarding Washington state ferry vessel procurement dated December 14
2016; and 15
(ii) Additional costs of transport, potential delay, and owner 16
oversight incurred for construction at shipyards located outside the 17
state of Washington. 18
(e) The department must require that contractors meet the 19
requirements of RCW 39.04.320 regarding apprenticeships or other 20
state law or federal law equivalents, where such equivalents exist.21
(f) The department must require that contractors meet the 22
requirements of chapter 90.48 RCW regarding water pollution control 23
or other state law or federal law equivalents, where such equivalents 24
exist. 25
(3) For contracts eligible for the use of federal funds, 26
contractors must comply with federal disadvantaged business 27
enterprise targets as outlined by the federal agency awarding funds.28
(4) Contractors located in the state of Washington must meet the 29
requirements of RCW 47.60.835, the small business enterprise 30
enforceable goals program. 31
(5) The department shall employ third-party experts that report 32
to the Washington state ferries to serve as a supplementary resource. 33
The third-party experts contracted by the Washington state ferries 34
shall: 35
(a) Perform project quality oversight and report to the 36
transportation committees of the legislature and the office of 37
financial management on a semiannual basis on project schedule, 38
risks, and project budget; 39
(b) Assist with the management of change order requests;40
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(c) Advise on contract and technical matters; and1
(d) Possess knowledge of and experience with inland waterways, 2
Puget Sound vessel operations, the propulsion system of the new 3
vessels, and Washington state ferries operations. 4
NEW SECTION. Sec. 717. Nothing in section 716 of this act shall 5
be construed to apply to, or otherwise interfere with, vessel 6
procurements underway prior to the effective date of section 716 of 7
this act.8
Sec. 718. RCW 88.16.035 and 2018 c 107 s 3 are each amended to 9
read as follows: 10
(1) The board of pilotage commissioners shall:11
(a) Adopt rules, pursuant to chapter 34.05 RCW, necessary for the 12
enforcement and administration of this chapter; 13
(b)(i) Issue training licenses and pilot licenses to pilot 14
applicants meeting the qualifications provided for in RCW 88.16.090 15
and such additional qualifications as may be determined by the board;16
(ii) Establish a comprehensive training program to assist in the 17
training and evaluation of pilot applicants before final licensing; 18
and 19
(iii) Establish additional training requirements, including a 20
program of continuing education developed after consultation with 21
pilot organizations, including those located within the state of 22
Washington, as required to maintain a competent pilotage service;23
(c) Maintain a register of pilots, records of pilot accidents, 24
and other history pertinent to pilotage; 25
(d) Determine from time to time the number of pilots necessary to 26
be licensed in each district of the state to optimize the operation 27
of a safe, fully regulated, efficient, and competent pilotage service 28
in each district; 29
(e) Provide assistance to the utilities and transportation 30
commission, as requested by the utilities and transportation 31
commission, in its performance of pilotage tariff setting functions 32
under RCW 81.116.010 through 81.116.060; 33
(f) File annually with the governor and the chairs of the 34
transportation committees of the senate and house of representatives 35
a report which includes, but is not limited to, the following: The 36
number, names, ages, pilot license number, training license number, 37
and years of service as a Washington licensed pilot of any person 38
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licensed by the board as a Washington state pilot or trainee; the 1
names, employment, and other information of the members of the board; 2
the total number of pilotage assignments by pilotage district, 3
including information concerning the various types and sizes of 4
vessels and the total annual tonnage; the annual earnings or stipends 5
of individual pilots and trainees before and after deduction for 6
expenses of pilot organizations, including extra compensation as a 7
separate category; the annual expenses of private pilot associations, 8
including personnel employed and capital expenditures; the status of 9
pilotage tariffs, extra compensation, and travel; the retirement 10
contributions paid to pilots and the disposition thereof; the number 11
of groundings, marine occurrences, or other incidents which are 12
reported to or investigated by the board, and which are determined to 13
be accidents, as defined by the board, including the vessel name, 14
location of incident, pilot's or trainee's name, and disposition of 15
the case together with information received before the board acted 16
from all persons concerned, including the United States coast guard; 17
the names, qualifications, time scheduled for examinations, and the 18
district of persons desiring to apply for Washington state pilotage 19
licenses; summaries of dispatch records, quarterly reports from 20
pilots, and the bylaws and operating rules of pilotage organizations; 21
the names, sizes in deadweight tons, surcharges, if any, port of 22
call, name of the pilot or trainee, and names and horsepower of tug 23
boats for any and all oil tankers subject to the provisions of RCW 24
88.16.190 together with the names of any and all vessels for which 25
the United States coast guard requires special handling pursuant to 26
their authority under the Ports and Waterways Safety Act of 1972; the 27
expenses of the board; updates on efforts to increase diversity of 28
pilots, trainees, and applicants; and any and all other information 29
which the board deems appropriate to include; 30
(g) Make available information that includes the pilotage act and 31
other statutes of Washington state and the federal government that 32
affect pilotage, including the rules of the board, together with such 33
additional information as may be informative for pilots, agents, 34
owners, operators, and masters; 35
(h) Appoint advisory committees and employ marine experts as 36
necessary to carry out its duties under this chapter;37
(i) Provide for the maintenance of efficient and competent 38
pilotage service on all waters covered by this chapter; and do such 39
other things as are reasonable, necessary, and expedient to insure 40
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proper and safe pilotage upon the waters covered by this chapter and 1
facilitate the efficient administration of this chapter.2
(2) The board may pay stipends to pilot trainees under subsection 3
(1)(b) of this section. 4
Sec. 719. RCW 46.16A.305 and 2022 c 132 s 5 are each amended to 5
read as follows: 6
(1) The department, county auditor or other agent, or subagent 7
appointed by the director may grant a temporary license plate to 8
operate a vehicle for which an application for registration has been 9
made. The application for a temporary license plate must be made by 10
the owner or the owner's representative to the department, county 11
auditor or other agent, or subagent appointed by the director on a 12
form furnished by the department and must contain:13
(a) A full description of the vehicle, including its make, model, 14
vehicle identification number, and type of body; 15
(b) The name and address of the applicant; 16
(c) The date of application; and 17
(d) Other information that the department may require.18
(2) Temporary license plates must: 19
(a) Be consecutively numbered; 20
(b) Be displayed as described for permanent license plates in RCW 21
46.16A.200(5)(a); 22
(c) Be composed of material that must be durable and remain 23
unaltered in field conditions for a minimum of four months; and24
(d) Remain on the vehicle only until the receipt of permanent 25
license plates. 26
(3) The application must be accompanied by the fee required under 27
RCW 46.17.400(1)(b). 28
(4) Pursuant to subsection (2) of this section, the department 29
may adopt rules for the design and display of temporary license 30
plates. 31
(5) By December 1, 2025, the department must adopt rules 32
implementing contingency extensions of the expiration date for 33
department temporary license plates in cases of shortages of 34
permanent license plates. The rules must prioritize reducing customer 35
return trips for department temporary license plates, and include a 36
communication plan with state and local law enforcement agencies 37
regarding the implementation of the contingency extensions.38
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NEW SECTION. Sec. 720. A new section is added to chapter 72.60 1
RCW to read as follows: 2
When the department of corrections, in conjunction with the 3
department of licensing, anticipates a projected license plate 4
shortage statewide or in particular locations, the department of 5
licensing must promptly communicate such shortage to the county 6
auditors or other agents, and subagents appointed by the director of 7
the department of licensing. The department of corrections, in 8
conjunction with the department of licensing, must also develop and 9
implement a mitigation plan to address the shortage that may include 10
the contracting with a third-party vendor for production of license 11
plates until such time as the shortage is eliminated and a sufficient 12
license plate inventory is available for the subsequent 90-day 13
period. Use of a third-party vendor may thereafter be initiated by 14
the department of corrections, the department of licensing, or 15
jointly by the two agencies. 16
Sec. 721. RCW 47.60.322 and 2023 c 472 s 715 are each amended to 17
read as follows: 18
(1) The capital vessel replacement account is created in the 19
motor vehicle account. All revenues generated from the vessel 20
replacement ((surcharge)) surcharges under RCW 47.60.315 (7) and (8), 21
and service fees collected by the department of licensing or county 22
auditor or other agent appointed by the director under RCW 46.17.040, 23
46.17.050, and 46.17.060, must be deposited into the account. Moneys 24
in the account may be spent only after appropriation. Expenditures 25
from the account may be used only for the construction or purchase of 26
ferry vessels and to pay the principal and interest on bonds 27
authorized for the construction or purchase of ferry vessels. 28
((However, expenditures from the account must first be used to 29
support the construction or purchase, including any applicable 30
financing costs, of a ferry vessel with a carrying capacity of at 31
least one hundred forty-four cars.))32
(2) ((The state treasurer may transfer moneys from the capital 33
vessel replacement account to the transportation 2003 account (nickel 34
account) for debt service on bonds issued for the construction of 35
144-car class ferry vessels.36
(3))) The legislature may transfer from the capital vessel 37
replacement account to the connecting Washington account created 38
under RCW 46.68.395 such amounts as reflect the excess fund balance 39
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of the capital vessel replacement account to be used for ferry 1
terminal construction and preservation. 2
(((4))) (3) During the 2021-2023 and 2023-2025 fiscal biennia, 3
the legislature may direct the state treasurer to make transfers of 4
moneys in the capital vessel replacement account to the 5
transportation partnership account and the connecting Washington 6
account. 7
Sec. 722. RCW 82.42.090 and 2017 3rd sp.s. c 25 s 42 are each 8
amended to read as follows: 9
All moneys collected by the director from the aircraft fuel 10
excise tax as provided in RCW 82.42.020 shall be transmitted to the 11
state treasurer and shall be credited to the aeronautics account 12
hereby created in the state treasury. Moneys in the account may be 13
spent only after appropriation. Expenditures from the account may be 14
used only for aviation-related purposes. Moneys collected from the 15
consumer or user of aircraft fuel from either the use tax imposed by 16
RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020 shall 17
be transmitted to the state treasurer and credited to the state 18
general fund. 19
Sec. 723. RCW 43.19.642 and 2023 c 472 s 703 are each amended to 20
read as follows: 21
(1) Effective June 1, 2006, for agencies complying with the 22
ultra-low sulfur diesel mandate of the United States environmental 23
protection agency for on-highway diesel fuel, agencies shall use 24
biodiesel as an additive to ultra-low sulfur diesel for lubricity, 25
provided that the use of a lubricity additive is warranted and that 26
the use of biodiesel is comparable in performance and cost with other 27
available lubricity additives. The amount of biodiesel added to the 28
ultra-low sulfur diesel fuel shall be not less than two percent.29
(2) Except as provided in subsection (5) of this section, 30
effective June 1, 2009, state agencies are required to use a minimum 31
of 20 percent biodiesel as compared to total volume of all diesel 32
purchases made by the agencies for the operation of the agencies' 33
diesel-powered vessels, vehicles, and construction equipment.34
(3) All state agencies using biodiesel fuel shall, beginning on 35
July 1, 2016, file annual reports with the department of enterprise 36
services documenting the use of the fuel and a description of how any 37
problems encountered were resolved. 38
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(4) By December 1, 2009, the department of enterprise services 1
shall: 2
(a) Report to the legislature on the average true price 3
differential for biodiesel by blend and location; and4
(b) Examine alternative fuel procurement methods that work to 5
address potential market barriers for in-state biodiesel producers 6
and report these findings to the legislature. 7
(5) ((During the 2021-2023 and 2023-2025 fiscal biennia, the )) 8
The Washington state ferries is ((required to )) exempt from the 9
requirements of this section and must use a minimum of five percent 10
biodiesel as compared to total volume of all diesel ((purchases made 11
by the Washington state ferries for the operation of the Washington 12
state ferries diesel-powered vessels, as long as the price of a B5 or 13
B10 biodiesel blend does not exceed the price of conventional diesel 14
fuel by five percent or more )), and develop internal processes to 15
transition diesel vessels in the fleet to the highest possible 16
biofuel blend or renewable diesel by 2030. 17
Sec. 724. RCW 47.04.035 and 2022 c 182 s 418 are each amended to 18
read as follows: 19
(1) In order to improve the safety, mobility, and accessibility 20
of state highways, it is the intent of the legislature that the 21
department must incorporate the principles of complete streets with 22
facilities that provide street access with all users in mind, 23
including pedestrians, bicyclists, and public transportation users, 24
notwithstanding the provisions of RCW 47.24.020 concerning 25
responsibility beyond the curb of state rights-of-way. As such, state 26
transportation projects (a) starting design ((on or after )) between 27
July 1, 2022, and July 31, 2025, that are $500,000 or more, and (b) 28
starting design on or after August 1, 2025, that are $1,000,000 or 29
more, must: 30
(((a))) (i) Identify those locations on state rights-of-way that 31
do not have a complete and Americans with disabilities act accessible 32
sidewalk or shared-use path, that do not have bicycle facilities in 33
the form of a bike lane or adjacent parallel trail or shared-use 34
path, that have such facilities on a state route within a population 35
center that has a posted speed in excess of 30 miles per hour and no 36
buffer or physical separation from vehicular traffic for pedestrians 37
and bicyclists, and/or that have a design that hampers the ability of 38
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motorists to see a crossing pedestrian with sufficient time to stop 1
given posted speed limits and roadway configuration;2
(((b))) (ii) Consult with local jurisdictions to confirm existing 3
and planned active transportation connections along or across the 4
location; identification of connections to existing and planned 5
public transportation services, ferry landings, commuter and 6
passenger rail, and airports; the existing and planned facility 7
type(s) within the local jurisdiction that connect to the location; 8
and the potential use of speed management techniques to minimize 9
crash exposure and severity; 10
(((c))) (iii) Adjust the speed limit to a lower speed with 11
appropriate modifications to roadway design and operations to achieve 12
the desired operating speed in those locations where this speed 13
management approach aligns with local plans or ordinances, 14
particularly in those contexts that present a higher possibility of 15
serious injury or fatal crashes occurring based on land use context, 16
observed crash data, crash potential, roadway characteristics that 17
are likely to increase exposure, or a combination thereof, in keeping 18
with a safe system approach and with the intention of ultimately 19
eliminating serious and fatal crashes; and 20
(((d))) (iv) Plan, design, and construct facilities providing 21
context-sensitive solutions that contribute to network connectivity 22
and safety for pedestrians, bicyclists, and people accessing public 23
transportation and other modal connections, such facilities to 24
include Americans with disabilities act accessible sidewalks or 25
shared-use paths, bicyclist facilities, and crossings as needed to 26
integrate the state route into the local network. 27
(2) Projects undertaken for emergent work required to reopen a 28
state highway in the event of a natural disaster or other emergency 29
repair are not required to comply with the provisions of this 30
section. 31
(3) Maintenance of facilities constructed under this provision 32
shall be as provided under existing law. 33
(4) This section does not create a private right of action.34
Sec. 725. RCW 46.16A.030 and 2019 c 459 s 3 and 2019 c 423 s 203 35
are each reenacted and amended to read as follows:36
(1) Vehicles must be registered as required by this chapter and 37
must display license plates or decals assigned by the department.38
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(2) It is unlawful for a person to operate any vehicle on a 1
public highway of this state without having in full force and effect 2
a current and proper vehicle registration and displaying license 3
plates on the vehicle. 4
(3) Vehicle license plates or registration certificates, whether 5
original issues or duplicates, may not be issued or furnished by the 6
department until the applicant makes satisfactory application for a 7
certificate of title or presents satisfactory evidence that a 8
certificate of title covering the vehicle has been previously issued.9
(4) Failure to make initial registration before operating a 10
vehicle on the public highways of this state is a traffic infraction. 11
A person committing this infraction must pay a fine of ((five hundred 12
twenty-nine dollars )) $529, which may not be suspended or reduced. 13
This fine is in addition to any delinquent taxes and fees that must 14
be deposited and distributed in the same manner as if the taxes and 15
fees were properly paid in a timely fashion. The ((five hundred 16
twenty-nine dollar )) $529 fine must be deposited into the vehicle 17
licensing fraud account created in the state treasury in RCW 18
46.68.250. 19
(5)(a) Failure to renew an expired registration before operating 20
a vehicle on the public highways of this state is a traffic 21
infraction. 22
(b) A law enforcement officer may issue a notice of infraction 23
for failure to renew an expired registration to the registered owner 24
of the vehicle that is parked, standing, and unoccupied on the public 25
right-of-way. Such an infraction under this subsection (5)(b) is not 26
part of the registered owner's driving record under RCW 46.52.101 and 27
46.52.120, and must be processed in the same manner as a parking 28
infraction, including for the purposes of RCW 3.50.100, 35.20.220, 29
46.16A.120, and 46.20.270(2). The penalty for failure to renew an 30
expired registration as enforced under this subsection (5)(b) is 31
$150.32
(6) It is a gross misdemeanor for a resident, as identified in 33
RCW 46.16A.140, to register a vehicle in another state, evading the 34
payment of any tax or vehicle license fee imposed in connection with 35
registration. It is punishable, in lieu of the fine in subsection (4) 36
of this section, as follows: 37
(a) For a first offense: 38
(i) Up to ((three hundred sixty-four )) 364 days in the county 39
jail; 40
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(ii) Payment of a fine of ((five hundred twenty-nine dollars )) 1
$529 plus any applicable assessments, which may not be suspended or 2
reduced. The fine of ((five hundred twenty-nine dollars )) $529 must 3
be deposited into the vehicle licensing fraud account created in the 4
state treasury in RCW 46.68.250; 5
(iii) A fine of ((one thousand dollars )) $1,000 to be deposited 6
into the vehicle licensing fraud account created in the state 7
treasury in RCW 46.68.250, which may not be suspended or reduced; and8
(iv) The delinquent taxes and fees, which must be deposited and 9
distributed in the same manner as if the taxes and fees were properly 10
paid in a timely fashion, and which may not be suspended or reduced;11
(b) For a second or subsequent offense: 12
(i) Up to ((three hundred sixty-four )) 364 days in the county 13
jail; 14
(ii) Payment of a fine of ((five hundred twenty-nine dollars )) 15
$529 plus any applicable assessments, which may not be suspended or 16
reduced, except as provided in RCW 10.05.180. The fine of ((five 17
hundred twenty-nine dollars)) $529 must be deposited into the vehicle 18
licensing fraud account created in the state treasury in RCW 19
46.68.250; 20
(iii) A fine of ((five thousand dollars )) $5,000 to be deposited 21
into the vehicle licensing fraud account created in the state 22
treasury in RCW 46.68.250, which may not be suspended or reduced; and23
(iv) The amount of delinquent taxes and fees, which must be 24
deposited and distributed in the same manner as if the taxes and fees 25
were properly paid in a timely fashion, and which may not be 26
suspended or reduced. 27
(7) A vehicle with an expired registration of more than 28
((forty-five)) 45 days parked on a public street may be impounded by 29
a police officer under RCW 46.55.113(2). 30
PART VIII31
EFFECTIVE DATES32
NEW SECTION. Sec. 801. Section 706 of this act expires July 1, 33
2028.34
NEW SECTION. Sec. 802. Sections 705, 706, and 708 through 711 35
of this act are necessary for the immediate preservation of the 36
p. 103 SB 5801
public peace, health, or safety, or support of the state government 1
and its existing public institutions, and take effect June 30, 2025.2
NEW SECTION. Sec. 803. Sections 101, 102, 601 through 610, 612, 3
702 through 704, 714, 715, and 723 of this act are necessary for the 4
immediate preservation of the public peace, health, or safety, or 5
support of the state government and its existing public institutions, 6
and take effect July 1, 2025.7
NEW SECTION. Sec. 804. Sections 103 and 104 and 301 through 304 8
of this act take effect October 1, 2025.9
NEW SECTION. Sec. 805. Sections 105, 106, 201 through 207, 209, 10
210, 212 through 214, 305, and 507 of this act take effect January 1, 11
2026.12
NEW SECTION. Sec. 806. Section 707 of this act takes effect 13
July 1, 2028.14
NEW SECTION. Sec. 807. Section 506 of this act expires January 15
1, 2026.16
NEW SECTION. Sec. 808. Sections 211, 307 through 310, and 701 17
of this act are necessary for the immediate preservation of the 18
public peace, health, or safety, or support of the state government 19
and its existing public institutions, and take effect immediately.20
--- END ---
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