HB 2119 — Addressing transportation resources.

(((16)))(16) (17) "Highway" means every way or place open to the use of the public, as a matter of right, for the purpose of vehicular travel.

(((17)))(17) (18) "Import" means to bring fuel into this state by a means of conveyance other than the fuel supply tank of a motor vehicle.

(((18)))(18) (19) "Importer" means a person who imports fuel into the state by a means other than the bulk transfer-terminal system.

If the importer of record is acting as an agent, the person for whom the p.agent is acting is the importer.

8 SHB 2119 agent is acting is the importer.

(((19)))p. (20) "International fuel tax agreement licensee" means a fuel user operating qualified motor vehicles in interstate commerce and licensed by the department under the international fuel tax agreement.

(((20)))8 (21)HB "Licensee"2119 (19) "International fuel tax agreement licensee" means a personfuel holdinguser aoperating licensequalified issuedmotor vehicles in interstate commerce and licensed by the department under thisthe chapter.international fuel tax agreement.

(((21)))(20) (22)"Licensee" "Motor vehicle" means a self-propelledperson vehicleholding utilizinga fuellicense asissued aunder meansthis ofchapter. propulsion.

(((22)))(21) (23) "Motor vehiclevehicle" fuel" means gasolinea andself-propelled anyvehicle otherutilizing inflammablefuel gas or liquid, by whatsoever name the gasoline, gas, or liquid may be known or sold the chief use of which is as a fuelmeans for the propulsion of motorpropulsion. vehicles or vessels.

(((23)))(22) (24)"Motor "Naturalvehicle gas"fuel" means naturallygasoline occurringand mixturesany ofother hydrocarboninflammable gasesgas andor vaporsliquid, consistingby principallywhatsoever ofname methane,the whethergasoline, ingas, gaseous or liquid form.may be known or sold the chief use of which is as a fuel for the propulsion of motor vehicles or vessels.

(((24)))(23) (25)"Natural "Person"gas" means anynaturally individual,occurring partnership,mixtures association,of publichydrocarbon orgases privateand corporation,vapors limitedconsisting liabilityprincipally company, or any other type of legalmethane, orwhether commercialin entity,gaseous including their members, managers, partners, directors, or officers.liquid form.

(((25)))(24) (26)"Person" "Position holder" means aany personindividual, whopartnership, holdsassociation, thepublic inventoryor positionprivate incorporation, fuel,limited asliability reflectedcompany, byor theany recordsother type of thelegal terminalor operator.commercial entity, including their members, managers, partners, directors, or officers.

(25) "Position holder" means a person who holds the inventory position in fuel, as reflected by the records of the terminal operator.

(((26)))(26) (27) "Rack" means a mechanism for delivering fuel from a refinery or terminal into a truck, trailer, railcar, or other means of nonbulk transfer.

(((27)))(27) (28) "Refiner" means a person who owns, operates, or otherwise controls a refinery.

(((28)))(28) (29) "Removal" means a physical transfer of fuel other than by evaporation, loss, or destruction.

(((29)))(29) (30) "Special fuel" means diesel fuel, propane, natural gas, kerosene, biodiesel, and any other combustible liquid or gas by whatever name the liquid or gas may be known or sold for the generation of power to propel a motor vehicle on the highways, except it does not include motor vehicle fuel.

(30) "Supplier" means a person who holds a federal certificate of registry issued under the internal revenue code and authorizes the p.

9 SHBHB 2119 (((30))) (31) "Supplier" means a person who holds a federal certificate of registry issued under the internal revenue code and authorizes the person to engage in tax-free transactions of fuel in the bulk transfer-terminal system.

(((31)))(31) (32) "Terminal" means a fuel storage and distribution facility that has been assigned a terminal control number by the internal revenue service.

(((32)))(32) (33) "Terminal operator" means a person who owns, operates, or otherwise controls a terminal.

(((33)))(33) (34) "Two-party exchange" or "buy-sell agreement" means a transaction in which taxable fuel is transferred from one licensed supplier to another licensed supplier whereby the supplier that is the position holder agrees to deliver taxable fuel to the other supplier or the other supplier's customer at the terminal at which the delivering supplier is the position holder.

(35)(34) "United States" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

(7) Beginning August 1, 2015, an additional and cumulative tax rate of seven cents per gallon of fuel is imposed on fuel licensees.

10 SHBHB 2119 (7)(8) Beginning AugustJuly 1, 2015,2016, an additional and cumulative tax rate of sevenfour and nine-tenths cents per gallon of fuel is imposed on fuel licensees.

(8)(9) BeginningTaxes Julyare 1, 2016, an additional and cumulative tax rate of four and nine-tenths cents per gallon of fuel is imposed onwhen: fuel licensees.

(9) ((Taxes)) Except as provided in subsection (10) of this section, taxes are imposed when:

(g) Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt from the fuel tax;

11 SHBHB 2119 (g)(h) Dyed special fuel is usedheld onfor asale, highway,sold, asused, authorizedor byis theintended internalto revenuebe code,used unlessin theviolation useof isthis exemptchapter; from the fuel tax;

(h) Dyed special fuel is held for sale, sold, used, or is intended to be used in violation of this chapter;

(10) Taxes are not imposed under subsection (9) of this section when the fuel is a biofuel and the removal is for export.

(7) A terminal operator is jointly and severally liable for and must pay tax on special fuel if the special fuel is removed and is not dyed or marked in accordance with internal revenue service requirements, and the terminal operator provides a person with a bill p.of lading, shipping paper, or similar document indicating the special fuel is dyed or marked in accordance with internal revenue service requirements.

12p. SHB 2119 of lading, shipping paper, or similar document indicating the special fuel is dyed or marked in accordance with internal revenue service requirements.

12 HB 2119 (8) International fuel tax agreement licensees, or persons operating motor vehicles under other reciprocity agreements entered into with the state of Washington, are liable for and must pay tax on fuel used to operate motor vehicles on state highways.

p.(a) Fuel used for purposes other than for the propulsion of motor vehicles upon the public highways in this state.

13However, SHBa 2119refund (a)may Fuelnot usedbe formade purposesunder otherthis thansubsection (1)(a) for themotor propulsionvehicle offuel consumed by a motor vehiclesvehicle uponrequired theto publicbe highwaysregistered inunder thischapter state.p.

However,13 aHB refund2119 may not be made under this subsection (1)(a) for motor vehicle fuel consumed by a motor vehicle required to be registered under chapter 46.16A RCW or under a comparable motor vehicle registration requirement in an importing state.

p.(c) Special fuel used in a motor vehicle for movement between two pieces of private property wherein the movement is incidental to the primary use of the vehicle;

14 SHB 2119 (c) Special fuel used in a motor vehicle for movement between two pieces of private property wherein the movement is incidental to the primary use of the vehicle;

(3)p. Any person who has purchased motor vehicle fuel on which tax has been paid may file a claim with the department for a refund of tax for:

14 HB 2119 (3) Any person who has purchased motor vehicle fuel on which tax has been paid may file a claim with the department for a refund of tax for:

(5) No refund or claim for credit may be approved by the department unless the gallons of fuel claimed as nontaxable satisfy the conditions specifically set forth in this section and the p.nontaxable event or use occurred during the period covered by the refund claim.

15 SHB 2119 nontaxable event or use occurred during the period covered by the refund claim.

(6) The department shall establish, by rule, minimum acceptable requirements and conditions on refunds subject to the authority in this section.

Sec.

207.

RCW 46.68.090 and 2015 3rd sp.s.

c 44 s 105 are each amended to read as follows:

(1) ((All)) Except as provided in subsection (8) of this section, all moneys that have accrued or may accrue to the motor vehicle fund from the fuel tax must be first expended for purposes enumerated in (a) and (b) of this subsection.

The remaining net tax amount must be distributed monthly by the state treasurer in accordance with subsections (2) through (((8))) (9) of this section.

(a) For payment of refunds of fuel tax that has been paid and is refundable as provided by law;

(b) For payment of amounts to be expended pursuant to appropriations for the administrative expenses of the offices of state treasurer, state auditor, and the department of licensing of the state of Washington in the administration of the fuel tax, which sums must be distributed monthly.

(2) All of the remaining net tax amount collected under RCW 82.38.030(1) must be distributed as set forth in (a) through (j) of this subsection.

(a) For distribution to the motor vehicle fund an amount equal to 44.387 percent to be expended for highway purposes of the state as defined in RCW 46.68.130;

(b)(i) For distribution to the special category C account, hereby created in the motor vehicle fund, an amount equal to 3.2609 percent to be expended for special category C projects.

Special category C projects are category C projects that, due to high cost only, will require bond financing to complete construction.

(ii) The following criteria, listed in order of priority, must be used in determining which special category C projects have the highest priority:

(A) Accident experience;

(B) Fatal accident experience;

(C) Capacity to move people and goods safely and at reasonable speeds without undue congestion;

and p.

16 SHB 2119 (D) Continuity of development of the highway transportation network.

(iii) Moneys deposited in the special category C account in the motor vehicle fund may be used for payment of debt service on bonds the proceeds of which are used to finance special category C projects under this subsection (2)(b);

(c) For distribution to the Puget Sound ferry operations account in the motor vehicle fund an amount equal to 2.3283 percent;

(d) For distribution to the Puget Sound capital construction account in the motor vehicle fund an amount equal to 2.3726 percent;

(e) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 7.5597 percent;

(f) For distribution to the transportation improvement account in the motor vehicle fund an amount equal to 5.6739 percent and expended in accordance with RCW 47.26.086;

(g) For distribution to the cities and towns from the motor vehicle fund an amount equal to 10.6961 percent in accordance with RCW 46.68.110;

(h) For distribution to the counties from the motor vehicle fund an amount equal to 19.2287 percent:

(i) Out of which there must be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725;

and (ii) less any amounts appropriated to the county road administration board to implement the provisions of RCW 47.56.725(4), with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;

(i) For distribution to the county arterial preservation account, hereby created in the motor vehicle fund an amount equal to 1.9565 percent.

These funds must be distributed by the county road administration board to counties in proportions corresponding to the number of paved arterial lane miles in the unincorporated area of each county and must be used for improvements to sustain the structural, safety, and operational integrity of county arterials.

The county road administration board must adopt reasonable rules and develop policies to implement this program and to assure that a pavement management system is used;

(j) For distribution to the rural arterial trust account in the motor vehicle fund an amount equal to 2.5363 percent and expended in accordance with RCW 36.79.020.

1715 SHBHB 2119 (3)(6) The remainingdepartment netshall taxestablish, amountby collectedrule, underminimum RCWacceptable 82.38.030(2)requirements mustand beconditions distributedon refunds subject to the transportationauthority 2003in accountthis (nickelsection. account).

(4) The remaining net tax amount collected under RCW 82.38.030(3) must be distributed as follows:

(a) 8.3333 percent must be distributed to the incorporated cities and towns of the state in accordance with RCW 46.68.110;

(b) 8.3333 percent must be distributed to counties of the state in accordance with RCW 46.68.120;

and (c) The remainder must be distributed to the transportation partnership account created in RCW 46.68.290.

(5) The remaining net tax amount collected under RCW 82.38.030(4) must be distributed as follows:

(a) 8.3333 percent must be distributed to the incorporated cities and towns of the state in accordance with RCW 46.68.110;

(b) 8.3333 percent must be distributed to counties of the state in accordance with RCW 46.68.120;

and (c) The remainder must be distributed to the transportation partnership account created in RCW 46.68.290.

(6) The remaining net tax amount collected under RCW 82.38.030 (5) and (6) must be distributed to the transportation partnership account created in RCW 46.68.290.

(7) The remaining net tax amount collected under RCW 82.38.030 (7) and (8) must be distributed to the connecting Washington account created in RCW 46.68.395.

(8) Revenues generated from the fuel tax imposed on fuel exported from the state under chapter 82.38 RCW must be deposited into the move ahead WA account created in section 401 of this act.

(9) Nothing in this section or in RCW 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on fuel.

208.207.

There must be collected from every user of aircraft fuel either the use tax imposed p.by RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020.

18 SHB 2119 by RCW 82.12.020 or the retail sales tax imposed by RCW 82.08.020.

209.208.

(a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from paymentpayment: or qualifies for a reduced original license plate fee as provided in (e) of this subsection:

FEE TYPE FEE DISTRIBUTION Original iss(($ 10.00))RCW 46.68.070 $50.00 Reflectivity $ 2.00 RCW 46.68.070 Replacement (($ 10.00))RCW 46.68.070 $30.00 Original iss(($ 4.00))RCW 46.68.070 motorcycle $20.00 Replacement,(($ 4.00))RCW 46.68.070 motorcycle $12.00 Original issu$, 1.50 RCW 46.68.070 moped (b) A license plate retention fee, as required under RCW 46.16A.200(9)(a), of ((twenty dollars)) $20 if the owner wishes to retain the current license plate number upon license plate replacement, unless the owner or type of vehicle is exempt from payment.p.

16 HB 2119 payment.

p.(d) Former prisoner of war license plates, as described in RCW 46.18.235, may be transferred to a replacement vehicle upon payment of a ((five dollar)) $5 license plate fee, in addition to any other fee required by law.

19 SHB 2119 (d) Former prisoner of war license plates, as described in RCW 46.18.235, may be transferred to a replacement vehicle upon payment of a ((five dollar)) $5 license plate fee, in addition to any other fee required by law.

(e) An original issue license plate fee of $40 for each plate if the vehicle is a used car as defined in RCW 46.04.660.

(3) $40 of the original issue license plate fee imposed under subsection (1)(a) of this section,section $30 of the original issue license plate fee imposed under subsection (1)(e) of this section, and $16 of the original issue motorcycle license plate fee imposed under subsection (1)(a) of this section must be deposited in the move ahead WA account created in section 401 of this act.

210.209.

((The fifteen dollar fee)) (a)p. $15 of the fee required by this section must be distributed under RCW 46.68.020.

17 HB 2119 (a) $15 of the fee required by this section must be distributed under RCW 46.68.020.

(2) An applicant is exempt from the ((fifteen dollar)) $50 fee if the applicant previously registered the vehicle in Washington state p.and maintained ownership of the vehicle while registered in another state or country.

20 SHB 2119 and maintained ownership of the vehicle while registered in another state or country.

211.210.

(3)p. ((Five dollars)) $5 of the ((fifteen dollar)) $40 dealer temporary permit fee provided in subsection (1)(a) of this section must be credited to the payment of vehicle license fees at the time application for registration is made.

$2518 HB 2119 (3) ((Five dollars)) $5 of the ((fifteen dollar)) $40 dealer temporary permit fee provided in subsection (1)(a) of this section must be depositedcredited into the movepayment aheadof WAvehicle accountlicense createdfees inat sectionthe 401time ofapplication thisfor p.registration is made.

21$25 SHBof 2119the $40 dealer temporary permit fee provided in subsection (1)(a) of this section must be deposited in the move ahead WA account created in section 401 of this act.

212.211.

If thep. enhanced driver's license or identicard includes a radio frequency identification chip, or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.

(d)19 TheHB requirements2119 ofthe thisenhanced subsectiondriver's arelicense inor additionidenticard toincludes a radio frequency identification chip, or similar technology, the requirementsdepartment otherwiseshall imposedensure onthat applicantsthe fortechnology ais driver'sencrypted licenseor p.otherwise secure from unauthorized data access.

22(d) SHBThe 2119requirements of this subsection are in addition to the requirements otherwise imposed on applicants for a driver's license or identicard.

(5)(a) The first $4 per year of issuance, to a maximum of $32 of the enhanced driver's license and enhanced identicard fee under this section must be deposited into the highway safety fund unless prior to July 1, 2023, the actions described in (a)(i) or (((b))) (ii) of this subsection occur, in which case the portion of the revenue that is the result of the fee increased in section 209, chapter 44, Laws of 2015 3rd sp.

(((b))) (ii) Any state agency otherwise enacts, adopts, orders, or in any way implements a fuel standard based upon or defined by the carbonp. intensity of fuel, including a low carbon fuel standard or clean fuel standard, without explicit legislative authorization enacted subsequent to July 1, 2015.

(((c)))20 (iii)HB Nothing2119 incarbon thisintensity subsectionof acknowledges,fuel, establishes,including ora createslow legalcarbon authorityfuel forstandard the department of ecology or anyclean otherfuel statestandard, agencywithout toexplicit enact,legislative adopt,authorization order,enacted orsubsequent into anyJuly way1, p.2015.

23(((c))) SHB(iii) 2119Nothing in this subsection acknowledges, establishes, or creates legal authority for the department of ecology or any other state agency to enact, adopt, order, or in any way implement a fuel standard based upon or defined by the carbon intensity of fuel, including a low carbon fuel standard or clean fuel standard.

213.212.

(2)p. Release of abstract of driving record.

21 HB 2119 (2) Release of abstract of driving record.

p.(a) Named individuals.

24 SHB 2119 (a) Named individuals.

and (B) the employer attesting that the information is necessaryp. for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.

22 HB 2119 necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.

The statement must also note that any information p.contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee may not be used by the employer or prospective employer, or an agent authorized to obtain this information on their behalf, unless required by federal regulation or law.

25 SHB 2119 contained in the abstract related to an adjudication that is subject to a court order sealing the juvenile record of an employee or prospective employee may not be used by the employer or prospective employer, or an agent authorized to obtain this information on their behalf, unless required by federal regulation or law.

and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the directionp. of the volunteer organization.

23 HB 2119 direction of the volunteer organization.

An abstract of the full driving record maintained by the department may be furnished to an employee or p.agents of a transit authority checking prospective or existing volunteer vanpool drivers for insurance and risk management needs.

26 SHB 2119 agents of a transit authority checking prospective or existing volunteer vanpool drivers for insurance and risk management needs.

(iv) Any insurance company or its agents, for underwriting purposes relating to the operation of commercial motor vehicles, may notp. use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment.

Any24 insuranceHB company2119 ornot itsuse agents,any forinformation underwritingcontained purposesin relatingthe abstract relative to theany person's operation of noncommercial motor vehicles,vehicles maywhile not useengaged any information contained in thesuch abstractemployment. relative to any p.

27Any SHBinsurance 2119company or its agents, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles.

"Unit of localp. government" includes an insurance pool established under RCW 48.62.031.

25 HB 2119 local government" includes an insurance pool established under RCW 48.62.031.

The superintendent or superintendent's designee p.may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.

28 SHB 2119 may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.

(3)p. Reviewing of driving records.

26 HB 2119 (3) Reviewing of driving records.

The fee for this service must be set at a level that does not result in a net revenue loss to the p.state.

29 SHB 2119 state.

(5)p. ((Fee.)) Fees.

27 HB 2119 (5) ((Fee.)) Fees.

and ((fifty)) p.(ii) Fifty percent ((of the fee)) must be deposited according to RCW 46.68.038.

30 SHB 2119 (ii) Fifty percent ((of the fee)) must be deposited according to RCW 46.68.038.

(c) City attorneys and county prosecuting attorneys are exempt from paying the fees specified in (a) and (b) of this subsection for an abstract of a person's driving record furnished by the department for use in criminal proceedings.

214.213.

(2) A vehicle registered under RCW 46.16A.455 or 46.17.330 is not subject to the license plate technology feefee, , except for a vehicle registered under RCW 46.16A.455(3).

215.214.

(1) A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a ((fifty)) 50 cent license service fee in addition to any other p.

3128 SHBHB 2119 (1) A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a ((fifty)) 50 cent license service fee in addition to any other fees and taxes required by law.

216.215.

217.216.

Sec.p.

218.29 HB 2119 Sec.

217.

p.(1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:

32 SHB 2119 (1) To cause or permit to be advertised, printed, displayed, published, distributed, broadcasted, televised, or disseminated in any manner whatsoever, any statement or representation with regard to the sale, lease, or financing of a vehicle which is false, deceptive, or misleading, including but not limited to the following:

(ii) However, an amount not to exceed ((one hundred fifty dollars)) $200 per vehicle sale or lease may be charged by a dealer to recover administrative costs for collecting motor vehicle excise taxes, licensing and registration fees and other agency fees, verifying and clearing titles, transferring titles, perfecting, releasing, or satisfying liens or other security interests, and other administrative and documentary services rendered by a dealer in connectionp. with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.

p.30 HB 2119 connection with the sale or lease of a vehicle and in carrying out the requirements of this chapter or any other provisions of state law.

33 SHB 2119 (b) A dealer may charge the documentary service fee in (a) of this subsection under the following conditions:

Entering into a written contract, written purchase order or agreement, retail installment sales agreement, note and security agreement, or written lease agreement, hereinafter collectivelyp. referred to as contract or lease, signed by the prospective buyer or lessee of a vehicle, which:

(a)31 IsHB subject2119 tocollectively anyreferred conditionsto oras thecontract dealer's or hislease, orsigned herby authorizedthe representative'sprospective futurebuyer acceptance,or andlessee theof dealera failsvehicle, p.which:

34(a) SHBIs 2119subject to any conditions or the dealer's or his or her authorized representative's future acceptance, and the dealer fails or refuses within the "bushing" period, which is four calendar days, exclusive of Saturday, Sunday, or legal holiday, and prior to any further negotiations with said buyer or lessee to inform the buyer or lessee either:

A dealer may inform a buyer or lessee under this subsection (4)(a) regarding the unconditional acceptance or rejection of the contract, lease, or financing by sending an email message to the buyer's or lessee's supplied email address, by phone call, by leaving p.

3532 SHBHB 2119 A dealer may inform a buyer or lessee under this subsection (4)(a) regarding the unconditional acceptance or rejection of the contract, lease, or financing by sending an email message to the buyer's or lessee's supplied email address, by phone call, by leaving a voice message or sending a text message to a phone number provided by the buyer or lessee, by in-person oral communication, by mailing a letter by first-class mail if the buyer or lessee expresses a preference for a letter or declines to provide an email address and a phone number capable of receiving a free text message, or by another means agreed to by the buyer or lessee or approved by the department, effective upon the execution, mailing, or sending of the communication and before expiration of the "bushing" period;

A violationp. of this subsection is a class C felony punishable under chapter 9A.20 RCW.

(6)33 ForHB any2119 vehicleviolation dealerof orthis vehiclesubsection salespersonis toa refuseclass toC furnish,felony uponpunishable requestunder ofchapter a9A.20 prospectiveRCW. purchaser or lessee, for p.

36(6) SHBFor 2119any vehicle dealer or vehicle salesperson to refuse to furnish, upon request of a prospective purchaser or lessee, for vehicles previously registered to a business or governmental entity, the name and address of the business or governmental entity.

For purposes of this section, "on deposit" funds received from a purchaser of a manufactured home means those funds that a seller requires a purchaserp. to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.

p.34 HB 2119 purchaser to advance before ordering the manufactured home, but does not include any loan proceeds or moneys that might have been paid on an installment contract.

37 SHB 2119 (10) For a dealer or manufacturer to fail to comply with the obligations of any written warranty or guarantee given by the dealer or manufacturer requiring the furnishing of goods and services or repairs within a reasonable period of time, or to fail to furnish to a purchaser or lessee, all parts which attach to the manufactured unit including but not limited to the undercarriage, and all items specified in the terms of a sales or lease agreement signed by the seller and buyer or lessee.

Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or p.

3835 SHBHB 2119 Further, it is unlawful for a buyer's agent to engage in any false, deceptive, or misleading advertising, disseminated in any manner whatsoever, including but not limited to making any claim or statement that the buyer's agent offers, obtains, or guarantees the lowest price on any motor vehicle or words to similar effect.

PROVIDED, That recommendation, endorsement, exposition,p. persuasion, urging, or argument are not deemed to constitute a lack of good faith;

(c)36 Encourage,HB aid,2119 abet,exposition, orpersuasion, teachurging, a vehicle dealer to sell or leaseargument vehiclesare throughnot anydeemed false,to deceptive,constitute ora misleadinglack salesof orgood p.faith;

39(c) SHBEncourage, 2119aid, abet, or teach a vehicle dealer to sell or lease vehicles through any false, deceptive, or misleading sales or financing practices including but not limited to those practices declared unlawful in this section;

(16) To knowingly and intentionally engage in collusion with a registered owner of a vehicle to repossess and return or resell the vehicle to the registered owner in an attempt to avoid a suspended licensep. impound under chapter 46.55 RCW.

37 HB 2119 license impound under chapter 46.55 RCW.

p.(17)(a) For a dealer to enter into a new motor vehicle sales contract without disclosing in writing to a buyer of the new motor vehicle, or to a dealer in the case of an unregistered motor vehicle, any known damage and repair to the new motor vehicle if the damage exceeds five percent of the manufacturer's suggested retail price as calculated at the dealer's authorized warranty rate for labor and parts, or ((one thousand dollars)) $1,000, whichever amount is greater.

40 SHB 2119 (17)(a) For a dealer to enter into a new motor vehicle sales contract without disclosing in writing to a buyer of the new motor vehicle, or to a dealer in the case of an unregistered motor vehicle, any known damage and repair to the new motor vehicle if the damage exceeds five percent of the manufacturer's suggested retail price as calculated at the dealer's authorized warranty rate for labor and parts, or ((one thousand dollars)) $1,000, whichever amount is greater.

Part III General Fund and Other Related Support Sec.p.

38 HB 2119 Sec.

(1) Beginning September 2019 and ending December 2019, by the last day of September and December, the state treasurer must transfer p.from the general fund to the connecting Washington account created in RCW 46.68.395 ((thirteen million six hundred eighty thousand dollars)) $13,680,000.

41 SHB 2119 from the general fund to the connecting Washington account created in RCW 46.68.395 ((thirteen million six hundred eighty thousand dollars)) $13,680,000.

(8) For fiscal year 2026 through fiscal year 2038, the state treasurer must transfer from the general fund to the move ahead WA flexible account created in section 402 of this act $31,000,000 each fiscalp. year in four equal quarterly transfers.

39 HB 2119 fiscal year in four equal quarterly transfers.

p.Sec.

42 SHB 2119 Sec.

(2)(a) Subject to the limitations in this subsection (2), beginning July 1, 2022, with sales made or lease agreements signed on or after this date until the expiration of this section, the entire tax levied by RCW 82.08.020 does not apply to the sale or lease of p.

4340 SHBHB 2119 (2)(a) Subject to the limitations in this subsection (2), beginning July 1, 2022, with sales made or lease agreements signed on or after this date until the expiration of this section, the entire tax levied by RCW 82.08.020 does not apply to the sale or lease of used electric passenger cars, light duty trucks, and medium duty passenger vehicles, that are powered by a fuel cell.

(4)(a) The department of licensing must maintain and publish a list of all vehicle models qualifying for the tax exemptions under thisp. section and RCW 82.12.817 until the expiration of this section, and is authorized to issue final rulings on vehicle model qualification for these criteria.

p.41 HB 2119 this section and RCW 82.12.817 until the expiration of this section, and is authorized to issue final rulings on vehicle model qualification for these criteria.

44 SHB 2119 (b) The department of revenue retains responsibility for determining whether a vehicle meets the applicable qualifying criterion under subsections (1) and (2) of this section.

(b) "Fuel cell" means a technology that uses an electrochemical reaction to generate electric energy by combining atoms of hydrogen and oxygen in the presence of a catalyst.

4542 SHBHB 2119 (c)(b) "New"Fuel vehicle"cell" hasmeans thea sametechnology meaningthat asuses "newan motorelectrochemical vehicle"reaction to generate electric energy by combining atoms of hydrogen and oxygen in RCWthe 46.04.358.presence of a catalyst.

(c) "New vehicle" has the same meaning as "new motor vehicle" in RCW 46.04.358.

lengthp. of lease;

43 HB 2119 length of lease;

and the total amount qualifying for the incentive claimed for each vehicle, p.in addition to the future monthly amount to be claimed for each leased vehicle.

46 SHB 2119 in addition to the future monthly amount to be claimed for each leased vehicle.

(I)p. For a vehicle that is a new vehicle at the time of the purchase date or the date the lease agreement was signed, does not exceed ((forty-five thousand dollars)) $45,000;

44 HB 2119 (I) For a vehicle that is a new vehicle at the time of the purchase date or p.the date the lease agreement was signed, does not exceed ((forty-five thousand dollars)) $45,000;

47or SHB 2119 (II) For a vehicle that is a used vehicle at the time of the purchase date or the date the lease agreement was signed, does not exceed ((thirty thousand dollars)) $30,000;

A person claiming the exemptionp. must also submit itemized information to the department for all vehicles for which an exemption is claimed that must include the following:

45 HB 2119 exemption must also submit itemized information to the department for all vehicles for which an exemption is claimed that must include the following:

whether the p.vehicle has been sold or leased;

48 SHB 2119 vehicle has been sold or leased;

(5))) By the last day of October 2019, and every six months thereafter until this section expires, based on the best available data,p. the department must report the following information to the transportation committees of the legislature:

The46 cumulativeHB number2119 ofdata, vehiclesthe thatdepartment qualifiedmust forreport the exemptionfollowing underinformation thisto sectionthe andtransportation p.committees of the legislature:

49The SHBcumulative 2119number of vehicles that qualified for the exemption under this section and RCW 82.12.9999 by month of purchase or lease start and vehicle make and model;

(1) Beginning August 1, 2019, beginning with sales made or lease agreements signed on or after the qualification period start date:

5047 SHBHB 2119 (a)(1) TheBeginning provisionsAugust of1, this2019, chapterbeginning dowith notsales applymade asor providedlease inagreements (b)signed ofon thisor subsectionafter in respect to the usequalification ofperiod newstart ordate: used passenger cars, light duty trucks, and medium duty passenger vehicles that:

(a) The provisions of this chapter do not apply as provided in (b) of this subsection in respect to the use of new or used passenger cars, light duty trucks, and medium duty passenger vehicles that:

5148 SHBHB 2119 (B) From August 1, 2021, until July 31, 2023, the maximum amount eligible under (b)(i) of this subsection is ((twenty thousand dollars)) $20,000;

5249 SHBHB 2119 (4)))(a) Vehicles purchased or leased vehicles for which the lease agreement was signed after the qualification period end date do not qualify for the exemption under this section.

5350 SHBHB 2119 vehicle infrastructure.

5451 SHBHB 2119 (b) The department must disallow any credits, or portion thereof, that would cause the total amount of credits claimed beginning July 15, 2015, under this section and RCW 82.16.0496 to exceed ((thirty- two and one-half million dollars)) $32,500,000.

5552 SHBHB 2119 (ix) Any other information deemed necessary by the department to support administration or reporting of the program.

5653 SHBHB 2119 application provided the required information for each infrastructure-related item is included in the application.

5754 SHBHB 2119 (14)(((a) Beginning November 25, 2015, and on the 25th of February, May, August, and November of each year thereafter, the department must notify the state treasurer of the amount of credits taken under this section as reported on returns filed with the department during the preceding calendar quarter ending on the last day of December, March, June, and September, respectively.

5855 SHBHB 2119 (d) "Commercial vehicle" means any commercial vehicle that is purchased by a private business and that is used exclusively in the provision of commercial services or the transportation of commodities, merchandise, produce, refuse, freight, animals, or passengers, and that is displaying a Washington state license plate.

5956 SHBHB 2119 maximum credit amount per vehicle purchased, and subject to a maximum annual credit amount per vehicle class.

6057 SHBHB 2119 (3) The total credits under subsection (1)(a)(i) of this section may not exceed the lesser of ((two hundred fifty thousand dollars)) $250,000 or ((twenty-five)) 25 vehicles per person per calendar year.

6158 SHBHB 2119 (iii) The type of alternative fuel to be used by the vehicle or supported by the infrastructure;

6259 SHBHB 2119 (iv) The incremental cost of the alternative fuel system for vehicle credits;

6360 SHBHB 2119 (ii) Costs to modify a commercial vehicle, including sales of tangible personal property incorporated into the vehicle and labor or service expenses incurred in modifying the vehicle, to be principally powered by a clean alternative fuel;

6461 SHBHB 2119 (b) The sale of or charge made for labor and services rendered in respect to installing, repairing, altering, or improving electric vehicle batteries or fuel cells;

6562 SHBHB 2119 (c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support a battery or fuel cell electric vehicle, including battery charging stations, rapid charging stations, battery exchange stations, fueling stations that provide hydrogen for fuel cell electric vehicles, and renewable hydrogen production facilities.

6663 SHBHB 2119 (a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

6764 SHBHB 2119 department may provide estimates of taxes exempted under this section until such time as retailers are able to report such exempted amounts on their tax returns.

6865 SHBHB 2119 (((5) No person is eligible for tax credits under RCW 82.70.020 if the additional revenues for the multimodal transportation account created by chapter 361, Laws of 2003 are terminated.)) Sec.

6966 SHBHB 2119 (c) Until the beginning of the ensuing biennium after the enactment of an additive transportation funding act, ((fifty million dollars)) $50,000,000 per biennium to the motor vehicle fund to be used exclusively for transportation stormwater activities and projects.

7067 SHBHB 2119 Expenditures from the account must be used only for projects or improvements identified as move ahead WA projects or improvements in an omnibus transportation appropriations act, including any principal and interest on bonds authorized for the projects or improvements.

7168 SHBHB 2119 subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions.

7269 SHBHB 2119 fish, wildlife, and conservation account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the state higher education construction account, the higher education construction account, the higher education retirement plan supplemental benefit fund, the highway bond retirement fund, the highway infrastructure account, the highway safety fund, the hospital safety net assessment fund, the Interstate 405 and state route number 167 express toll lanes account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the limited fish and wildlife account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the money- purchase retirement savings administrative account, the money- purchase retirement savings principal account, the motor vehicle fund, the motorcycle safety education account, the move ahead WA account, the move ahead WA flexible account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pilotage account, the pollution liability insurance agency underground storage tank revolving account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account, the public health supplemental account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puget Sound Gateway facility account, the Puget Sound taxpayer accountability account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the sexual assault prevention and response account, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state reclamation p.

7370 SHBHB 2119 revolving account, the state route number 520 civil penalties account, the state route number 520 corridor account, the statewide broadband account, the statewide tourism marketing account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation future funding program account, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the University of Washington bond retirement fund, the University of Washington building account, the voluntary cleanup account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the vulnerable roadway user education account, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving administration account, the water pollution control revolving fund, the Western Washington University capital projects account, the Yakima integrated plan implementation account, the Yakima integrated plan implementation revenue recovery account, and the Yakima integrated plan implementation taxable bond account.

7471 SHBHB 2119 receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

7572 SHBHB 2119 (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period:

7673 SHBHB 2119 the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the limited fish and wildlife account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the money-purchase retirement savings administrative account, the money-purchase retirement savings principal account, the motor vehicle fund, the motorcycle safety education account, the move ahead WA account, the move ahead WA flexible account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the pilotage account, the pollution liability insurance agency underground storage tank revolving account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account, the public health supplemental account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puget Sound Gateway facility account, the Puget Sound taxpayer accountability account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the sexual assault prevention and response account, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state reclamation revolving account, the state route number 520 civil penalties account, the state route number 520 corridor account, the statewide broadband account, the statewide tourism marketing account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the toll facility bond retirement account, the transportation 2003 account (nickel p.

7774 SHBHB 2119 account), the transportation equipment fund, the transportation future funding program account, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the University of Washington bond retirement fund, the University of Washington building account, the voluntary cleanup account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the vulnerable roadway user education account, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving administration account, the water pollution control revolving fund, the Western Washington University capital projects account, the Yakima integrated plan implementation account, the Yakima integrated plan implementation revenue recovery account, and the Yakima integrated plan implementation taxable bond account.

7875 SHBHB 2119 (1) The legislative authority of a border area jurisdiction may, by resolution for the purposes authorized in this chapter and by approval of a majority of the registered voters of the jurisdiction voting on the proposition at a general or special election, fix and impose an excise tax on the retail sale of motor vehicle fuel and special fuel within the jurisdiction.

RCW 35.21.870 and 2014 c 216 s 306 are each amended to read as follows:

(1) No city or town may impose a tax on the privilege of conducting an electrical energy, natural gas, steam energy, or telephone business at a rate which exceeds six percent unless the rate is first approved by a majority of the voters of the city or town voting on such a proposition, except as allowed under subsection (5) of this section.

(2)(a) If a city or town is imposing a rate of tax under subsection (1) of this section in excess of six percent on April 20, 1982, the city or town must decrease the rate to a rate of six p.

76 HB 2119 percent or less by reducing the rate each year on or before November 1st by ordinances to be effective on January 1st of the succeeding year, by an amount equal to one-tenth the difference between the tax rate on April 20, 1982, and six percent.

(b) Nothing in this subsection prohibits a city or town from reducing its rates by amounts greater than the amounts required in this subsection.

(3) Voter approved rate increases under subsection (1) of this section may not be included in the computations under this subsection.

(4) No city or town may impose a tax on the privilege of conducting a natural gas business with respect to sales that are exempt from the tax imposed under chapter 82.16 RCW as provided in RCW 82.16.310 at a rate higher than its business and occupation tax rate on the sale of tangible personal property or, if the city or town does not impose a business and occupation tax on the sale of tangible personal property, at a rate greater than .002.

(5)(a) A city or town may impose a tax of up to two percent, which may be in addition to the amount imposed pursuant to subsection (1) of this section, on the privilege of conducting a natural gas, steam energy, or telephone business.

(b) The proceeds of any tax imposed pursuant to this subsection (5) must be used exclusively for transportation improvements, which must be contained in the transportation plan of the state, a regional transportation planning organization, city, or county.

A project may include, but is not limited to, investment in new or existing highways of statewide significance, principal arterials of regional significance, high capacity transportation, public transportation, and other transportation projects and programs of regional or statewide significance including transportation demand management.

Projects may also include, but are not limited to, the operation, preservation, and maintenance of these facilities or programs.

Sec.

407.

(a) The transportation improvement orp. improvements proposed by the district;

77 HB 2119 or improvements proposed by the district;

and (c) the proposed taxes, fees, charges, and the range of tolls imposed by the district p.to raise revenue to fund the improvement or improvements or rebate program, as applicable.

79 SHB 2119 to raise revenue to fund the improvement or improvements or rebate program, as applicable.

(4)(a) A district that includes all the territory within the boundaries of the jurisdiction, or jurisdictions, establishing the district may impose by a majority vote of the governing board of the district the following feesfees, , taxes, and charges:

(iii)p. Up to ((fifty dollars)) $50 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of forty dollars has been imposed for at least ((twenty-four)) 24 months and a district has met the requirements of subsection (6) of this section;

((or))78 p.HB 2119 (iii) Up to ((fifty dollars)) $50 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of forty dollars has been imposed for at least ((twenty-four)) 24 months and a district has met the requirements of subsection (6) of this section;

80((or)) SHB 2119 (iv) A fee or charge in accordance with RCW 36.73.120;

If within ((ninety)) 90 days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the district for the office of the governor at the last preceding gubernatorial election, the county auditor must canvass the signatures in the same p.

8179 SHBHB 2119 filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the district for the office of the governor at the last preceding gubernatorial election, the county auditor must canvass the signatures in the same manner as prescribed in RCW 29A.72.230 and certify their sufficiency to the governing body within two weeks.

407.408.

NEWp. SECTION.

80 HB 2119 NEW SECTION.

408.409.

p.(1) The department shall adopt rules that establish standards that reduce carbon intensity in transportation fuels used in Washington.

82 SHB 2119 (1) The department shall adopt rules that establish standards that reduce carbon intensity in transportation fuels used in Washington.

(b) In completing the calculation required by this subsection, the department may exclude from the data set credit transfers without p.

8381 SHBHB 2119 (b) In completing the calculation required by this subsection, the department may exclude from the data set credit transfers without a price or other credit transfers made for a price that falls two standard deviations outside of the mean credit price for the month.

(7) Beginning with the program year beginning in calendar year 2031, the department may not increase the carbon intensity reductions required by the applicable clean fuels program standard adopted by p.

8482 SHBHB 2119 required by the applicable clean fuels program standard adopted by the department under subsection (5) of this section beyond a 10 percent reduction in carbon intensity until the:

409.410.

(5) "Credit" means a unit of measure generated when a transportation fuel with a carbon intensity that is less than the applicable standard adopted by the department under ((RCW 70A.535.020)) section 408409 of this act is produced, imported, or dispensed for use in Washington, such that one credit is equal to one metric ton of carbon dioxide equivalents.

(6) "Deficit" means a unit of measure generated when a transportation fuel with a carbon intensity that is greater than the applicable standard adopted by the department under ((RCW 70A.535.020)) section 408 of this act is produced, imported, or p.

8583 SHBHB 2119 70A.535.020)) section 409 of this act is produced, imported, or dispensed for use in Washington, such that one deficit is equal to one metric ton of carbon dioxide equivalents.

410.411.

The rules adopted by the department to achieve the greenhouse gas emissions reductions per unit of fuel energy specified in ((RCW 70A.535.020))p. section 408 of this act must include, but are not limited to, the following:

p.84 HB 2119 70A.535.020)) section 409 of this act must include, but are not limited to, the following:

86 SHB 2119 (1) Standards for greenhouse gas emissions attributable to the transportation fuels throughout their life cycles, including but not limited to emissions from the production, storage, transportation, and combustion of transportation fuels and from changes in land use associated with transportation fuels and any permanent greenhouse gas sequestration activities.

and (B) Produced using a zero emission resource including, but not limited to, solar, wind, geothermal, or the industrial combustion of biomass consistent with RCW 70A.45.020(3), that is directly supplied p.

8785 SHBHB 2119 (B) Produced using a zero emission resource including, but not limited to, solar, wind, geothermal, or the industrial combustion of biomass consistent with RCW 70A.45.020(3), that is directly supplied as a transportation fuel by the generator of the electricity to a metered customer for electric vehicle charging or refueling;

(2) Provisions allowing for the achievement of limits on the greenhouse gas emissions intensity of transportation fuels in ((RCW 70A.535.020)) section 408409 of this act to be achieved by any combination of credit generating activities capable of meeting such standards.

Where such provisions would not produce results counter to the emission reduction goals of the program or prove administratively burdensome for the department, the rules should provide each participant in the clean fuels program with the opportunity to demonstrate appropriate carbon intensity values taking into account bothp. emissions from production facilities and elsewhere in the production cycle, including changes in land use and permanent greenhouse gas sequestration activities;

p.86 HB 2119 both emissions from production facilities and elsewhere in the production cycle, including changes in land use and permanent greenhouse gas sequestration activities;

88 SHB 2119 (3)(a) Methods for assigning compliance obligations and methods for tracking tradable credits.

The department may assign the generation of a credit when a fuel with associated life-cycle greenhouse gas emissions that are lower than the applicable per-unit standard adopted by the department under ((RCW 70A.535.020)) section 408409 of this act is produced, imported, or dispensed for use in Washington, or when specified activities are undertaken that support the reduction of greenhouse gas emissions associated with transportation in Washington;

(5) Mechanisms for persons associated with the supply chains of transportation fuels that are used for purposes that are exempt from the clean fuels program compliance obligations including, but not limited to, fuels used by aircraft, vessels, railroad locomotives, and other exempt fuels specified in RCW 70A.535.040, to elect to participate in the clean fuels program by earning credits for the production, import, distribution, use, or retail of exempt fuels with associated life-cycle greenhouse gas emissions lower than the per- unit standard established in ((RCW 70A.535.020)) section 408409 of this act;

(i) Procedures similar to the credit clearance market required in subsection (8) of this section that provide a means of compliance with the clean fuels program requirements in the event that a p.

8987 SHBHB 2119 (i) Procedures similar to the credit clearance market required in subsection (8) of this section that provide a means of compliance with the clean fuels program requirements in the event that a regulated person has not been able to acquire sufficient volumes of credits at the end of a compliance period;

(A)p. Have retired all credits in the regulated party's possession prior to participating in the credit clearance market;

and88 p.HB 2119 (A) Have retired all credits in the regulated party's possession prior to participating in the credit clearance market;

90and SHB 2119 (B) Purchase the specified number of the total pledged credits that the department has determined are that regulated party's pro rata share of the pledged credits;

(e) If a regulated party has been required under (a) of this subsection to participate as a purchaser in two consecutive credit clearance markets and continues to have a net deficit balance after the close of the second consecutive credit clearance market, the department shall complete, no later than two months after the close of the second credit clearance market, an analysis of the root cause of an inability of the regulated party to retire the remaining deficits.p.

The89 departmentHB may2119 recommenddeficits. and implement any remedy that the department determines is necessary to address the root cause p.

91The SHBdepartment 2119may recommend and implement any remedy that the department determines is necessary to address the root cause identified in the analysis including, but not limited to, issuing a deferral, provided that the remedy implemented does not:

411.412.

(1) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 408409 of this act must include exemptions for, at minimum, the following transportation fuels:

(2)(a) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 408409 of this act must exempt the following transportation fuels from greenhouse gas emissions intensity reduction requirements until January 1, 2028:

(ii) Dyed special fuel used in vehicles that are not designed primarily to transport persons or property, that are not designed to be primarily operated on highways, and that are used primarily for p.

9290 SHBHB 2119 (ii) Dyed special fuel used in vehicles that are not designed primarily to transport persons or property, that are not designed to be primarily operated on highways, and that are used primarily for construction work including, but not limited to, mining and timber harvest operations;

Beginning January 1, 2028, the fuels identified in this subsection (2) are subject to the greenhouse gas emissions intensity reduction requirements applicable to transportation fuels specified in ((RCW 70A.535.020)) section 408409 of this act.

(4) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 408409 of this act may include exemptions in addition to those described in subsections (1) and (2) of this section, but only if such exemptions are necessary, with respect to the relationship between the program and similar greenhouse gas emissions requirements or low carbon fuel standards, in order to avoid:

(5) Nothing in this chapter precludes the department from adopting rules under RCW ((70A.535.020 and)) 70A.535.030 and section 408409 of this act that allow the generation of credits associated with electric or alternative transportation infrastructure that existed prior to July 25, 2021, or to the start date of program requirements.

412.413.

(1) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 408 of this act may allow the generation of credits from activities that support the reduction of greenhouse gas emissions p.

9391 SHBHB 2119 (1) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 409 of this act may allow the generation of credits from activities that support the reduction of greenhouse gas emissions associated with transportation in Washington, including but not limited to:

(2)(a) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 408409 of this act must allow the generation of credits based on capacity for zero emission vehicle refueling infrastructure, including DC fast charging infrastructure and hydrogen refueling infrastructure.

(b) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 408409 of this act may allow the generation of credits from the provision of low carbon fuel infrastructure not specified in (a) of this subsection.

(3) The rules adopted under RCW ((70A.535.020 and)) 70A.535.030 and section 408409 of this act must allow the generation of credits from state transportation investments funded in an omnibus transportation appropriations act for activities and projects that reduce greenhouse gas emissions and decarbonize the transportation sector.

(b) ferry operating and capital investments;p.

92 HB 2119 investments;

(f) infrastructure and other costs associated with the adoption of p.alternative fuel use by transit agencies;

94 SHB 2119 alternative fuel use by transit agencies;

413.414.

(1) The director of the department may issue an order declaring an emergency deferral of compliance with the carbon intensity standard established under ((RCW 70A.535.020)) section 408409 of this act no later than 15 calendar days after the date the department determines, in consultation with the governor's office and the department of commerce, that:

and (c) It is in the public interest to grant the deferral such as when a deferral is necessary to meet projected temporary shortfalls in the supply of the renewable fuel in the state and that other methodsp. of obtaining compliance credits are unavailable to compensate for the shortage of renewable fuel supply.

p.93 HB 2119 methods of obtaining compliance credits are unavailable to compensate for the shortage of renewable fuel supply.

95 SHB 2119 (2) If the director of the department makes the determination required under subsection (1) of this section, such a temporary extreme and unusual deferral is permitted only if:

(5)(a) In addition to the emergency deferral specified in subsection (1) of this section, the department may issue a full or partial deferral for one calendar quarter of a person's obligation to furnish credits for compliance under RCW 70A.535.030 if it finds that thep. person is unable to comply with the requirements of this chapter due to reasons beyond the person's reasonable control.

The94 departmentHB p.2119 the person is unable to comply with the requirements of this chapter due to reasons beyond the person's reasonable control.

96The SHBdepartment 2119 may initiate a deferral under this subsection at its own discretion or at the request of a person regulated under this chapter.

414.415.

415.416.

A new section is added to chapter 43.330 RCW to read as follows:

(2) On or before December 31, 2023, the interagencydepartment electric vehicle coordinating council created in section 428 of this act shall complete a scoping plan for achieving the 2030 target.

416.417.

construction, modification,p. or rehabilitation of transit facilities;

95 HB 2119 modification, or rehabilitation of transit facilities;

p.(2)(a) The department must incorporate environmental justice principles into the grant selection process, with the goal of increasing the distribution of funding to communities based on addressing environmental harms and provide environmental benefits for overburdened communities, as defined in RCW 70A.02.010, and vulnerable populations.

97 SHB 2119 (2)(a) The department must incorporate environmental justice principles into the grant selection process, with the goal of increasing the distribution of funding to communities based on addressing environmental harms and provide environmental benefits for overburdened communities, as defined in RCW 70A.02.010, and vulnerable populations.

417.418.

(2)p. To address these investment gaps, the connecting communities program is established within the department.

The96 purposeHB of2119 (2) To address these investment gaps, the p.connecting communities program is established within the department.

98The SHBpurpose 2119of the program is to improve active transportation connectivity in communities by:

Racial or ethnic minorities, low-income populations, populations disproportionatelyp. impacted by environmental harms, and populations of workers experiencing environmental harms;

p.97 HB 2119 disproportionately impacted by environmental harms, and populations of workers experiencing environmental harms;

99 SHB 2119 (iii) Household incomes at or below 200 percent of the federal poverty level;

418.419.

(a) Identify those locations on state rights-of-way that do not have a complete and Americans with disabilities act accessible sidewalk or shared-use path, that do not have bicycle facilities in the form of a bike lane or adjacent parallel trail or shared-use path, that have such facilities on a state route within a population center that has a posted speed in excess of 30 miles per hour and no buffer or physical separation from vehicular traffic for pedestrians p.

10098 SHBHB 2119 center that has a posted speed in excess of 30 miles per hour and no buffer or physical separation from vehicular traffic for pedestrians and bicyclists, and/or that have a design that hampers the ability of motorists to see a crossing pedestrian with sufficient time to stop given posted speed limits and roadway configuration;

419.420.

(1) The department shall establish a statewide school-based bicycle education grant program.

The grant will support two programs:

10199 SHBHB 2119 One(1) forThe elementarydepartment andshall middleestablish school;a statewide school-based bicycle education grant program.

The grant will support two programs:

One for elementary and middle school;

(4) In selecting schools and partner organizations for the school-based bicycle education grant program, the department and nonprofit must consider, at a minimum, the following criteria:

102100 SHBHB 2119 (a)(4) PopulationIn impactedselecting byschools poverty,and aspartner measuredorganizations byfor freethe school-based bicycle education grant program, the department and reducednonprofit lunchmust populationconsider, orat 200a percentminimum, federalthe povertyfollowing level;criteria:

(a) Population impacted by poverty, as measured by free and reduced lunch population or 200 percent federal poverty level;

420.421.

421.422.

Consistent with RCW 47.60.315(1)(b), the commission shall adopt an annual fare policy for Washington state ferries to allow all riders 18 years of age and younger to ride free of charge on all p.

103101 SHBHB 2119 Consistent with RCW 47.60.315(1)(b), the commission shall adopt an annual fare policy for Washington state ferries to allow all riders 18 years of age and younger to ride free of charge on all system routes.

422.423.

423.424.

(a) Except for proposed locations used solely for the pilot program purposes permitted under subsection (6) of this section, the appropriate local legislative authority must prepare an analysis of p.

104102 SHBHB 2119 (a) Except for proposed locations used solely for the pilot program purposes permitted under subsection (6) of this section, the appropriate local legislative authority must prepare an analysis of the locations within the jurisdiction where automated traffic safety cameras are proposed to be located:

(A)p. "Public park speed zone" means the marked area within public park property and extending 300 feet from the border of public park property (I) consistent with active park use;

103 HB 2119 (A) "Public park speed zone" means the marked area within public park property and (II)extending where300 signsfeet p.from the border of public park property (I) consistent with active park use;

105and SHB(II) 2119where signs are posted to indicate the location is within a public park speed zone.

or (C)p. The location is in an area within the city limits designated by local ordinance as a zone subject to specified restrictions and penalties on racing and race attendance.

(ii)104 AHB city2119 locating(C) The location is in an automatedarea trafficwithin safetythe cameracity underlimits thisdesignated subsectionby (1)(d)local mustordinance completeas ana equityzone analysissubject thatto p.specified restrictions and penalties on racing and race attendance.

106(ii) SHBA 2119city locating an automated traffic safety camera under this subsection (1)(d) must complete an equity analysis that evaluates livability, accessibility, economics, education, and environmental health, and shall consider the outcome of that analysis when identifying where to locate an automated traffic safety camera.

(e) All locations where an automated traffic safety camera is used to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (c) or (d) of this subsection must be clearly marked by placing signs in locations that clearly indicate to a driver either:

This certificate or facsimile is prima facie evidence of the facts contained in it and is admissiblep. in a proceeding charging a violation under this chapter.

105 HB 2119 admissible in a proceeding charging a violation under this chapter.

A person receiving a notice of infraction based on p.evidence detected by an automated traffic safety camera may respond to the notice by mail.

107 SHB 2119 evidence detected by an automated traffic safety camera may respond to the notice by mail.

(((i))) (k) If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based uponp. a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

(l)106 IfHB a2119 cityupon is operating an automated traffic safety camera to detect speed violations on roadways identified in a schoolportion walkof area,the speedfine violationsor incivil publicpenalty parkimposed speed zones, speed violations in hospital speed zones, or speedthe violationsrevenue undergenerated (d)by ofthe thisequipment. p.

108(l) SHBIf 2119a city is operating an automated traffic safety camera to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (c) or (d) of this subsection, the city shall remit monthly to the state 50 percent of the noninterest money received for infractions issued by those cameras excess of the cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions.

(a)p. A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred;

107 HB 2119 (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred;

A statement provided under this subsection must be p.accompanied by a copy of a filed police report regarding the vehicle theft;

109 SHB 2119 accompanied by a copy of a filed police report regarding the vehicle theft;

If the face of any individual in a crosswalk or otherwise within the frame is incidentally captured, it may not be made available to the public nor used for any purpose including, but notp. limited to, any law enforcement action, except in a pending action or proceeding related to a violation under this section.

108 HB 2119 not limited to, any law enforcement action, except in a pending action or proceeding related to a violation under this section.

public p.transportation only lane violations;

110 SHB 2119 transportation only lane violations;

(iii)p. Portions of roadway systems in the city that travel into and out of (b)(ii) of this subsection that are designated by the Washington state department of transportation as noninterstate freeways for up to four miles;

and109 (iv)HB 2119 (iii) Portions of roadway systems in the city connectedthat totravel theinto portionsand out of the(b)(ii) noninterstate freeways identified in (b)(iii) of this subsection that are designated by the Washington state department of p.transportation as noninterstate freeways for up to four miles;

111and SHB(iv) 2119Portions of roadway systems in the city connected to the portions of the noninterstate freeways identified in (b)(iii) of this subsection that are designated by the Washington state department of transportation as arterial roadways for up to one mile from the intersection of the arterial roadway and the noninterstate freeway.

(g) A city that implements a pilot program under this subsection (6) must provide a preliminary report to the transportation committees of the legislature by June 30, ((2022)) 2024, and a final report by January 1, ((2023)) 2025, on the pilot program that includes the locations chosen for the automated traffic safety cameras used in the pilot program, the number of warnings and traffic infractions issued under the pilot program, the number of traffic infractions issued with respect to vehicles registered outside of the county in which the city is located, the infrastructure improvements made using the penalty moneys as required under (e) of this subsection, an equity analysis that includes any disproportionate p.

112110 SHBHB 2119 includes the locations chosen for the automated traffic safety cameras used in the pilot program, the number of warnings and traffic infractions issued under the pilot program, the number of traffic infractions issued with respect to vehicles registered outside of the county in which the city is located, the infrastructure improvements made using the penalty moneys as required under (e) of this subsection, an equity analysis that includes any disproportionate impacts, safety, and on-time performance statistics related to the impact on driver behavior of the use of automated traffic safety cameras in the pilot program, and any recommendations on the use of automated traffic safety cameras to enforce the violations that these cameras were authorized to detect under the pilot program.

424.425.

Beginning one year after June 7, 2012, cities and counties using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located as well as the number of notices of infraction issued for each camera and any other relevant information aboutp. the automated traffic safety cameras that the city or county deems appropriate on the city's or county's website.

111 HB 2119 about the automated traffic safety cameras that the city or county deems appropriate on the city's or county's website.

(((ii))) (B) railroad p.crossings;

113 SHB 2119 crossings;

Cities may operate one additional automated traffic safety camera to detect speed violationsp. for every 10,000 residents included in the city's population.

112 HB 2119 violations for every 10,000 residents included in the city's population.

p.(B) The location has a significantly higher rate of collisions than the city average in a period of at least three years prior to installation and other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed;

114 SHB 2119 (B) The location has a significantly higher rate of collisions than the city average in a period of at least three years prior to installation and other speed reduction measures are not feasible or have not been sufficiently effective at reducing travel speed;

(e) All locations where an automated traffic safety camera is used to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (c) or (d) of this subsection must be clearly marked by placing signs in locations that clearly indicate to a driver either:

Cities and counties shall consider installingp. cameras in a manner that minimizes the impact of camera flash on drivers.

113 HB 2119 installing cameras in a manner that minimizes the impact of camera flash on drivers.

The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, or electronic p.images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction.

115 SHB 2119 images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction.

Signsp. placed in automated traffic safety camera locations after June 7, 2012, must follow the specifications and guidelines under the manual of uniform traffic control devices for streets and highways as adopted by the department of transportation under chapter 47.36 RCW.

(((i)))114 (k)HB If2119 aSigns countyplaced orin city has established an authorized automated traffic safety camera programlocations underafter thisJune section,7, the2012, compensationmust paidfollow to the manufacturerspecifications orand vendorguidelines ofunder the equipmentmanual usedof mustuniform betraffic basedcontrol onlydevices uponfor thestreets value of the equipment and serviceshighways providedas oradopted renderedby inthe supportdepartment of thetransportation system,under andchapter may47.36 notRCW. be based p.

116(((i))) SHB(k) 2119If a county or city has established an authorized automated traffic safety camera program under this section, the compensation paid to the manufacturer or vendor of the equipment used must be based only upon the value of the equipment and services provided or rendered in support of the system, and may not be based upon a portion of the fine or civil penalty imposed or the revenue generated by the equipment.

(l) If a city is operating an automated traffic safety camera to detect speed violations on roadways identified in a school walk area, speed violations in public park speed zones, speed violations in hospital speed zones, or speed violations under (c) or (d) of this subsection, the city shall remit monthly to the state 50 percent of the noninterest money received for infractions issued by those cameras excess of the cost to administer, install, operate, and maintain the automated traffic safety cameras, including the cost of processing infractions.

(3)p. If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within ((eighteen)) 18 days of receiving the written notice, provide to the issuing agency by return mail:

115 HB 2119 (3) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within ((eighteen)) 18 days of receiving the written notice, provide to the issuing agency by return mail:

or p.(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction.

117 SHB 2119 (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction.

NEWp. SECTION.

116 HB 2119 NEW SECTION.

425.426.

Therefore, the legislature intends that the commission reevaluate options at least every two years to improve performance on p.the Interstate 405 and state route number 167 corridors, pursuant to RCW 47.56.880 and 47.56.850.

118 SHB 2119 the Interstate 405 and state route number 167 corridors, pursuant to RCW 47.56.880 and 47.56.850.

426.427.

(1) It is the intent of the legislature that each year the total investments made through the carbon emissions reduction account created in RCW 70A.65.240, the climate commitment account created in RCW 70A.65.260, the natural climate solutions account created in RCW 70A.65.270, ((and))and the air quality and health disparities improvement account created in RCW 70A.65.280, the climate transit programs account created in section 104 of this act, and the climate active transportation account created in section 103 of this act, achieve the following:

(a)p. Reduce vulnerable population characteristics, environmental burdens, or associated risks that contribute significantly to the cumulative impact designation of highly impacted communities;

117 HB 2119 (a) Reduce vulnerable population characteristics, environmental burdens, or associated risks that contribute significantly to the cumulative impact designation of highly impacted communities;

or p.(c) Meet a community need identified by vulnerable members of the community that is consistent with the intent of this chapter.

119 SHB 2119 (c) Meet a community need identified by vulnerable members of the community that is consistent with the intent of this chapter.

427.428.

NEWp. SECTION.

118 HB 2119 NEW SECTION.

428.429.

p.(a) The department of ecology;

120(b) SHB 2119 (a) The officedepartment of financialenterprise management;services;

(b)(c) The departmentstate ofefficiency ecology;and environmental performance office;

(c)(d) The department of enterpriseagriculture; services;

(d)(e) The statedepartment efficiencyof andhealth; environmental performance office;

(e)(f) The departmentutilities ofand agriculture;transportation commission;

(f)(g) TheA departmentrepresentative from the office of health;the superintendent of public instruction knowledgeable on issues pertaining to student transportation;

(g)and The(h) utilitiesOther andagencies with key roles in electrifying the transportation commission;sector.

(h) A representative from the office of the superintendent of public instruction knowledgeable on issues pertaining to student transportation;

and (i) Other agencies with key roles in electrifying the transportation sector.

429.430.

and (c) Coordination of grant funding criteria across agency grant programs to most efficiently distribute state and federal electric vehicle-related funding in a manner that is most beneficial to the state, advances best practices, and recommends additional criteria that could be useful in advancing transportation electrification;electrification.

(d) Development of a robust public and private outreach plan that includes engaging with:

(i) Community organizers and the environmental justice council to develop community-driven programs to address zero emissions transportation needs and priorities in overburdened communities;

and p.

121 SHB 2119 (ii) Local governments to explore procurement opportunities and work with local government and community programs to support electrification;

(e) Creation of an industry electric vehicle advisory committee;

and (f) Ensuring the statewide transportation electrification strategy, grant distribution, programs, and activities associated with advancing transportation electrification benefit vulnerable and overburdened communities.

p.

119 HB 2119 PART V Miscellaneous NEW SECTION.

430.

RCW 46.68.480 and 2020 c 224 s 2 are each amended to read as follows:

The Cooper Jones active transportation safety account is created in the state treasury.

All receipts from penalties collected under RCW 46.63.170(((6)(e))) shall be deposited into the account.

Expenditures from the account may be used only to fund grant projects or programs for bicycle, pedestrian, and nonmotorist safety improvement ((administered by the Washington traffic safety commission)).

The account is subject to allotment procedures under chapter 43.88 RCW.

Moneys in the account may be spent only after appropriation.

NEW SECTION.

Sec.

431.

A new section is added to chapter 47.60 RCW to read as follows:

It is the intent of the legislature to fully fund the vessel and terminal electrification program in accordance with the Washington state ferries 2040 long range plan.

The legislature finds that to attain the 2040 target fleet size of 26 vessels, a biennial replacement schedule is necessary to ensure the level of ferry service and reliability expected by the public.

Therefore, by June 30, 2025, the legislature will secure funding options, including but not limited to a vessel surcharge, to devote the resources necessary to fulfill the vessel and terminal needs outlined in the 2040 long range plan.

NEW SECTION.

Sec.