SB 5801 — Concerning transportation resources.

p.(ii) Fifteen percent to the transportation improvement account created in RCW 47.26.084;

7 ESSB 5801 (ii) Fifteen percent to the transportation improvement account created in RCW 47.26.084;

(4)(a) In addition to the fee established in subsection (1) of this section, before accepting an application for an annual vehicle registration ((renewal)) for a vehicle that both (i) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (ii) is capable of traveling at least 30 miles using only battery power, except for electric motorcycles, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $50 Fix Our Roads (2015) electric vehicle registration fee.

and (ii)p. Any remaining amounts must be deposited into the motor vehicle fund created in RCW 46.68.070.

7 SB 5801 (ii) Any remaining amounts must be deposited into the motor vehicle fund created in RCW 46.68.070.

(5) Beginning November 1, 2022, before accepting an application for an annual vehicle registration ((renewal)) for an electric motorcycle that uses propulsion units powered solely by electricity, the department, county auditor or other agent, or subagent appointed by the director must require the applicant to pay a $30 Fix Our Roads electric motorcycle vehicle registration fee in addition to any other fees and taxes required by law.

(6) ((The)) (a) Except as provided in subsection (7) of this section, the fees collected pursuant to subsection (5) of this section on registration renewals shall be deposited into the motor p.vehicle fund created in RCW 46.68.070 and the fees collected pursuant to subsection (5) of this section on original registrations shall be deposited in the move ahead WA account created in RCW 46.68.510.

8 ESSB 5801 vehicle fund created in RCW 46.68.070 and the fees collected pursuant to subsection (5) of this section on original registrations shall be deposited in the move ahead WA account created in RCW 46.68.510.

Therefore, it is the intent of the legislature to support these activities through the impositionp. of new transportation electrification fees in this section.)) (1) A vehicle that both (a) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (b) is capable of traveling at least ((thirty)) 30 miles using only battery power, is subject to an annual ((seventy- five dollar transportation electrification)) $75 Fix Our Roads (2019) electric vehicle registration fee to be collected by the department, county auditor, or other agent or subagent appointed by the director, in addition to any other fees and taxes required by law.

8 SB 5801 imposition of new transportation electrification fees in this section.)) (1) A vehicle that both (a) uses at least one method of propulsion that is capable of being reenergized by an external source of electricity and (b) is capable of traveling at least ((thirty)) 30 miles using only battery power, is subject to an annual ((seventy- five dollar)) $75 transportation electrification fee to be collected by the department, county auditor, or other agent or subagent appointed by the director, in addition to any other fees and taxes required by law.

p.(2) Beginning October 1, 2019, in lieu of the fee in subsection (1) of this section for a hybrid or alternative fuel vehicle that is not required to pay the fees established in RCW 46.17.323 (1) and (4), the department, county auditor, or other agent or subagent appointed by the director must require that the applicant for the annual vehicle registration ((renewal)) of such hybrid or alternative fuel vehicle pay a ((seventy-five dollar)) $100 hybrid vehicle transportation electrification fee, in addition to any other fees and taxes required by law.

9 ESSB 5801 (2) Beginning October 1, 2019, in lieu of the fee in subsection (1) of this section for a hybrid or alternative fuel vehicle that is not required to pay the fees established in RCW 46.17.323 (1) and (4), the department, county auditor, or other agent or subagent appointed by the director must require that the applicant for the annual vehicle registration ((renewal)) of such hybrid or alternative fuel vehicle pay a ((seventy-five dollar)) $100 Fix Our Roads hybrid vehicle ((transportation electrification)) registration fee, in addition to any other fees and taxes required by law.

(5)p. This section only applies to a vehicle that is designed to have the capability to drive at a speed of more than ((thirty-five)) 35 miles per hour.

9 SB 5801 (5) This section only applies to a vehicle that is designed to have the capability to drive at a speed of more than ((thirty-five)) 35 miles per hour.

and p.(b) ((Eight dollars)) $11 for a registration renewal, issuing a transit permit, or any other service under this section, in addition to any other fees or taxes due at the time of application.

10 ESSB 5801 (b) ((Eight dollars)) $11 for a registration renewal, issuing a transit permit, or any other service under this section, in addition to any other fees or taxes due at the time of application.

PARTp. II LUXURY TAX ON EXPENSIVE MOTOR VEHICLES/VESSELS/AIRCRAFT, RENTAL CAR TAX, TIRE DISPOSAL FEE, AND ELECTRIC BICYCLE SURCHARGE Sec.

10 SB 5801 PART II LUXURY TAX ON EXPENSIVE MOTOR VEHICLES, RENTAL CAR TAX, TIRE DISPOSAL FEE, AND ELECTRIC BICYCLE SURCHARGE Sec.

p.(c) Services, other than digital automated services, included within the RCW 82.04.050 definition of retail sale;

11 ESSB 5801 (c) Services, other than digital automated services, included within the RCW 82.04.050 definition of retail sale;

(ii)p. For purposes of this subsection (2)(b), "peer-to-peer car sharing" has the same meaning as in RCW 46.74A.010.

11 SB 5801 (ii) For purposes of this subsection (2)(b), "peer-to-peer car sharing" has the same meaning as in RCW 46.74A.010.

or p.(ii) In the case of a lease requiring periodic payments, the fair market value of the passenger motor vehicle exceeds $100,000 at the inception of the lease.

12 ESSB 5801 (ii) In the case of a lease requiring periodic payments, the fair market value of the passenger motor vehicle exceeds $100,000 at the inception of the lease.

(d) For purposes of this subsection, "passenger motor vehicle" means any motor vehicle that is designed for carrying 10 or fewer passengers, including passenger cars, light trucks, limousines, motorcycles, motor homes, passenger vans, and sport utility vehicles.

(a)p. Farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, unless the farm tractor or farm vehicle is for use in the production of cannabis;

12 SB 5801 (a) Farm tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181, unless the farm tractor or farm vehicle is for use in the production of cannabis;

p.(1) There is levied and collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any:

13 ESSB 5801 (1) There is levied and collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any:

(ii)p. With respect to the use of digital goods, digital automated services, and digital codes acquired by purchase, the tax imposed in this subsection (1)(e) applies in respect to:

13 SB 5801 (ii) With respect to the use of digital goods, digital automated services, and digital codes acquired by purchase, the tax imposed in this subsection (1)(e) applies in respect to:

(2) The provisions of this chapter do not apply in respect to the use of any article of tangible personal property, extended warranty, digital good, digital code, digital automated service, or service p.taxable under RCW 82.04.050 (2) (a) or (g) or (6)(c), if the sale to, or the use by, the present user or the present user's bailor or donor has already been subjected to the tax under chapter 82.08 RCW or this chapter and the tax has been paid by the present user or by the present user's bailor or donor.

14 ESSB 5801 taxable under RCW 82.04.050 (2) (a) or (g) or (6)(c), if the sale to, or the use by, the present user or the present user's bailor or donor has already been subjected to the tax under chapter 82.08 RCW or this chapter and the tax has been paid by the present user or by the present user's bailor or donor.

(ii) In respect to the use of any article of tangible personal property acquired by bailment and the tax has once been paid based on reasonable rental as determined by RCW 82.12.060 measured by the valuep. of the article at time of first use multiplied by the tax rate imposed by chapter 82.08 RCW or this chapter as of the time of first use;

14 SB 5801 value of the article at time of first use multiplied by the tax rate imposed by chapter 82.08 RCW or this chapter as of the time of first use;

(4)(a) Except as provided in (b) of this subsection (4), the tax is levied and must be collected in an amount equal to the value of the article used, value of the digital good or digital code used, value of the extended warranty used, or value of the service used by p.the taxpayer, multiplied by the applicable rates in effect for the retail sales tax under RCW 82.08.020.

15 ESSB 5801 the taxpayer, multiplied by the applicable rates in effect for the retail sales tax under RCW 82.08.020.

NEWp. SECTION.

15 SB 5801 NEW SECTION.

The(b) All electric bicycle surcharge appliesamounts toshall Classbe 1reported and 2remitted electric-assistedto bicyclesthe asdepartment defined in RCWa 46.04.169manner (1) and (2)frequency withoutconsistent ULwith orthe ENreporting certification and Classremittance 3of electric-assistedstate bicyclessales taxes, and on such forms as definedthe indepartment RCWshall 46.04.169(3).prescribe and approve.

p.

16 ESSB 5801 (b) All electric bicycle surcharge amounts shall be reported and remitted to the department in a manner and frequency consistent with the reporting and remittance of state sales taxes, and on such forms as the department shall prescribe and approve.

(1) The electric bicycle surcharge authorized in this chapter does not apply to any transaction that the statep. is prohibited from taxing under the Constitution of this state or the Constitution or laws of the United States.

16 SB 5801 state is prohibited from taxing under the Constitution of this state or the Constitution or laws of the United States.

The fee imposed in this section must be paid by the buyer to the seller, and each seller p.shall collect from the buyer the full amount of the fee.

17 ESSB 5801 shall collect from the buyer the full amount of the fee.

(2)p. The department of ecology will administer the funds for the purposes specified in RCW 70A.205.010(6) including, but not limited to:

17 SB 5801 (2) The department of ecology will administer the funds for the purposes specified in RCW 70A.205.010(6) including, but not limited to:

p.Sec.

18 ESSB 5801 Sec.

(1) Beginning January 1, 2026, a large event transportation assessment is imposed on large events occurring at a large event facility.p.

18 SB 5801 facility.

p.(4) For the purposes of this chapter, the following definitions apply unless the context clearly requires otherwise.

19 ESSB 5801 (4) For the purposes of this chapter, the following definitions apply unless the context clearly requires otherwise.

The department may adopt such rules as may be necessary to enforce and administerp. the provisions of this chapter.

19 SB 5801 administer the provisions of this chapter.

p.

20 ESSB 5801 NEW SECTION.

Sec.

217.

(1) In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected an additional 10 percent luxury motor home tax on the sale of a motor home if:

(a) The selling price of the motor home exceeds $500,000;

or (b) In the case of a lease requiring periodic payments, the fair market value of the motor home exceeds $500,000 at the inception of the lease.

(c) The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $500,000, or in the case of a lease requiring periodic payments, the fair market value of the motor home in excess of $500,000 at the inception of the lease.

(2) In addition to taxes required under chapters 82.08, 82.12, and 82.49 RCW, there is levied and collected an additional 10 percent luxury vessel tax on the sale of a recreational vessel if:

(a) The selling price of the recreational vessel exceeds $500,000;

or (b) In the case of a lease requiring periodic payments, the fair market value of the recreational vessel exceeds $500,000 at the inception of the lease.

(c) The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $500,000, or in the case of a lease requiring periodic payments, the fair market value of the recreational vessel in excess of $500,000 at the inception of the lease.

(3) In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected an additional 10 percent luxury aircraft tax on the sale of a noncommercial aircraft if:

(a) The selling price of the noncommercial aircraft exceeds $500,000;

or (b) In the case of a lease requiring periodic payments, the fair market value of the noncommercial aircraft exceeds $500,000 at the inception of the lease.

(c) The additional tax imposed in this subsection only applies to the portion of the selling price in excess of $500,000, or in the case of a lease requiring periodic payments, the fair market value of the noncommercial aircraft in excess of $500,000 at the inception of the lease.

(4) The definitions in this subsection apply throughout this chapter, unless the context clearly requires otherwise.

p.

21 ESSB 5801 (a) "Motor home" has the same meaning as provided in RCW 46.04.623.

(b) "Vessel" has the same meaning as provided in RCW 88.02.310.

(c) "Aircraft" has the same meaning as provided in RCW 47.68.020.

(d) "Selling price" has the same meaning as provided in RCW 82.08.010.

NEW SECTION.

Sec.

218.

(1)(a) In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected from every person in this state a tax for the privilege of using within this state as a consumer any motor home if the value of the motor home exceeds $500,000.

(b) The tax is levied and must be collected in an amount equal to the value of the motor home that exceeds $500,000, multiplied by 10 percent.

(2)(a) In addition to taxes required under chapters 82.08, 82.12, and 82.49 RCW, there is levied and collected from every person in this state a tax for the privilege of using within this state as a consumer any recreational vessel if the value of the vessel exceeds $500,000.

(b) The tax is levied and must be collected in an amount equal to the value of the vessel that exceeds $500,000, multiplied by 10 percent.

(3)(a) In addition to taxes required under chapters 82.08 and 82.12 RCW, there is levied and collected from every person in this state a tax for the privilege of using within this state as a consumer any noncommercial aircraft if the value of the aircraft exceeds $500,000.

(b) The tax is levied and must be collected in an amount equal to the value of the aircraft that exceeds $500,000, multiplied by 10 percent.

(4) "Value" means the fair market value of the motor home, vessel, or aircraft.

In the case of a leased passenger the motor home, vessel, or aircraft in which the consumer is required to make periodic lease payments, "value" of the motor home, vessel, or aircraft means the fair market value of the motor home, vessel, or aircraft at the inception of the lease.

p.

22 ESSB 5801 NEW SECTION.

Sec.

219.

The revenue collected under this chapter must be deposited in the move ahead WA flexible account created in RCW 46.68.520.

NEW SECTION.

Sec.

220.

Chapter 82.32 RCW applies to the administration of the luxury taxes authorized in this chapter.

NEW SECTION.

Sec.

221.

Sections 217 through 220 of this act constitute a new chapter in Title 82 RCW.

(c)p. Date of birth;

20 SB 5801 (c) Date of birth;

p.(g) Either a facsimile of the signature of the licensee or a space upon which the licensee shall write the licensees' usual signature with pen and ink immediately upon receipt of the license;

23 ESSB 5801 (g) Either a facsimile of the signature of the licensee or a space upon which the licensee shall write the licensees' usual signature with pen and ink immediately upon receipt of the license;

(5) Any person may apply to the department to obtain a medical alert designation, a developmental disability designation, or a deafnessp. designation on a driver's license issued under this chapter by providing:

21 SB 5801 deafness designation on a driver's license issued under this chapter by providing:

p.(i) Has a medical condition that could affect communication or account for a driver health emergency;

24 ESSB 5801 (i) Has a medical condition that could affect communication or account for a driver health emergency;

(3) A person renewing a driver's license more than ((sixty)) 60 days after the license has expired shall pay a penalty fee of ((ten dollars))p. $10 in addition to the renewal fee, unless the license expired when:

p.22 SB 5801 dollars)) $10 in addition to the renewal fee, unless the license expired when:

25 ESSB 5801 (a) The person was outside the state and the licensee renews the license within ((sixty)) 60 days after returning to this state;

(6) The department may adopt any rules as are necessary to carry out this section.

2623 ESSBSB 5801 Sec.(6) The department may adopt any rules as are necessary to carry out this section.

Sec.

(a) Personal appearance before the department;

2724 ESSBSB 5801 (b)(a) MailPersonal orappearance electronicbefore commerce, if permitted by rule of the departmentdepartment; and if the applicant did not renew the identicard by mail or by electronic commerce when it last expired;

(b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew the identicard by mail or by electronic commerce when it last expired;

The department must offer the option to issue or renew an identicard for six years in addition to the p.

2825 ESSBSB 5801 to issue or renew an identicard for six years in addition to the eight year issuance.

2926 ESSBSB 5801 (1) This section applies to the use of speed safety camera systems in state highway work zones.

3027 ESSBSB 5801 (4)(a) No person may drive a vehicle in a state highway work zone at a speed greater than that allowed by traffic control devices.

(i) ((ExceptExcept for a first violation under subsection (5)(a) of this section, remit))remit Remit payment in the amount of the penalty assessed for the violation;

3128 ESSBSB 5801 infraction and assessing monetary penalties required under subsection (5)(((b)))(5)(b) of this section.

3229 ESSBSB 5801 unless the action or proceeding relates to a speed violation under this section.

3330 ESSBSB 5801 (ii) Timely mailing of a statement to the department of transportation relieves a rental car business of any liability under this chapter for the notice of infraction.

3431 ESSBSB 5801 Sec.

3532 ESSBSB 5801 plan with the person in accordance with RCW 46.63.190 and standards that may be set out in court rule.

3633 ESSBSB 5801 into the driver licensing technology support account must be used to support information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders.

3734 ESSBSB 5801 recovered under this section may not be considered revenue for the purposes of fare setting.

3835 ESSBSB 5801 NEW SECTION.

3936 ESSBSB 5801 (b) Make payments required under RCW 47.56.165 and 47.46.140, including insurance costs and the payment of principal and interest on bonds issued for any particular toll bridge or toll bridges;

4037 ESSBSB 5801 However, except for publicly or privately owned or operated school buses, the commission may not exempt publicly or privately owned or operated transit buses, vans, and ride share vehiclesvehicles, from tolls on bridges, and must modify tolling provisions accordingly by October 1, 2025;

4138 ESSBSB 5801 (6) The legislature pledges to appropriate toll revenue as necessary to carry out the purposes of this section.

4239 ESSBSB 5801 bridge replacement and HOV program, subject to subsection (4) of this section;

4340 ESSBSB 5801 recommendations must be alternatives to the transit connections identified in the supplemental draft environmental impact statement for the state route number 520 bridge replacement and HOV program released in January 2010, and must meet the requirements under RCW 47.01.408, including accommodating effective connections for transit.

4441 ESSBSB 5801 practicable, include on-site wetland mitigation at the Washington park arboretum, and must enhance the Washington park arboretum.

and (vii) An account, created in ((sectionsection 5 of this act))act, RCW 47.56.876, into which civil penalties generated from the nonpayment of tolls on the state route number 520 corridor are deposited to be used to fund any project within the program, including mitigation.

4542 ESSBSB 5801 (1) For purposes of this section, the following definitions apply:

(a) "Maintenance" means the preservation of the transportation facility or transit facility, including surface, shoulders, roadsides, structures including, but not limited to, bridges and buried structures, ditches and all stormwater treatment and conveyance features, environmental mitigation sites, utilities appurtenant to transportation system operations, and such traffic control devices as are necessary for safe and efficient utilization of the highway in a manner that substantially conforms to the preexisting design, function, and location as the original except to meet current engineering standards or environmental permit requirements.

(c) "Replacement" of any existing transportation facility, or transit facility, including surface, shoulders, roadsides, structures including, but not limited to, bridges and buried structures, ditches and all stormwater treatment and conveyance features, utilities appurtenant to transportation system operations, environmental mitigation sites, and traffic control devices, means to replace in a manner that substantially conforms to the preexisting design, function, and location as the original except to meet current engineering standards or environmental permit requirements.

p.(2) The following department of transportation projects and activities do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government:

46 ESSB 5801 (2) The following department of transportation projects and activities do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government:

(b)p. Construction or installation of safety structures and equipment, including pavement marking, freeway surveillance and control systems, railroad protective devices not including grade separated crossings, grooving, glare screen, safety barriers, energy attenuators, and hazardous or dangerous tree removal;

43 SB 5801 (b) Construction or installation of safety structures and equipment, including pavement marking, freeway surveillance and control systems, railroad protective devices not including grade separated crossings, grooving, glare screen, safety barriers, energy attenuators, and hazardous or dangerous tree removal;

((and))and p.(B) Fish passage barrier removal projects that comply with the forest practices rules, as the term "forest practices rules" is defined in RCW 76.09.020;

47 ESSB 5801 (B) Fish passage barrier removal projects that comply with the forest practices rules, as the term "forest practices rules" is defined in RCW 76.09.020;

and (C) Department of transportation fish passage barrier correction projects involving structures extending onto adjoining properties owned by others, where the department corrects its portion of the barrier while the adjacent portion owned by another entity is left in place.

This section includes corrections by the department where the physical connection to the adjacent structure remains a barrier to fish passage;

or (iv)p. Restoration of native kelp and eelgrass beds and restoring native oysters.

44 SB 5801 (iv) Restoration of native kelp and eelgrass beds and restoring native oysters.

p.(vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration;

48 ESSB 5801 (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration;

(2)p. Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment.

45 SB 5801 (2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment.

Applicants for a forest practices hydraulic project that are not otherwise required to submit a joint aquatic resource permit application must submit a copy of their forest practices application to the appropriate local p.government on the same day that they submit the forest practices application to the department of natural resources.

49 ESSB 5801 government on the same day that they submit the forest practices application to the department of natural resources.

(ii) For department of transportation fish passage barrier correction projects, the department of fish and wildlife shall, withinp. 30 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project.

46 SB 5801 within 30 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project.

(4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section, except that, pursuant to chapter 86.16 RCW, a local government may impose such requirements, or charge such fees, or both, only as may be necessary in order for p.the local government to administer the national flood insurance program regulation requirements.

50However, ESSBfor 5801department theof transportation fish habitat enhancement projects that do not impact insurable structures but do create a rise in 100-year flood elevation, a local government shall allow the department to administerapply directly to the nationalfederal emergency management agency for modification to an effective flood insurance programrate regulationmap requirements.through a letter of map revision or a similar process, instead of requiring the department to complete a conditional letter of map revision process or a similar process.

(5)For Nodepartment civilof liabilitytransportation mayfish behabitat imposedenhancement byprojects anythat courtwill onnot theresult statein orany itsrise officersto andthe employees100-year forflood anyelevation, adverse impacts resulting from a fishlocal enhancementgovernment projectmay permittednot byrequire the department orto theapply departmentfor ofa naturalconditional resourcesletter underof themap criteriarevision ofor thisa sectionsimilar exceptprocess uponwith proofeither ofthe grosslocal negligencegovernment or willfulthe orfederal wantonemergency misconduct.management agency.

(5) No civil liability may be imposed by any court on the state or its officers and employees for any adverse impacts resulting from a fish enhancement project permitted by the department or the department of natural resources under the criteria of this section p.

47 SB 5801 except upon proof of gross negligence or willful or wanton misconduct.

((In addition, upon)) (ii) The department of transportation may include a good faith inspection into the scope of construction contracts for a project in lieu of conducting a good faith inspection prior to contractors p.bidding on the work if, prior to the start of demolition and construction, a contractor:

51 ESSB 5801 bidding on the work if, prior to the start of demolition and construction, a contractor:

and (C)p. Provides a copy of the report or statement to the department of transportation.

48 SB 5801 (C) Provides a copy of the report or statement to the department of transportation.

NEW SECTION.

A new section is added to chapter 77.55 RCW to read as follows:

(1) Subject to the availability of amounts appropriated for this specific purpose in an omnibus transportation appropriations act, the department must create a fish barrier removal permit program.

The fish barrier removal permit program as outlined in this section does not replace or supplant the permit requirements under this chapter, but may be used as an optional permit pathway.

(2)(a) To be included in the fish barrier removal permit program and qualify for the permit review and approval process created in this section, a fish barrier removal project must be included on a list of projects approved or funded by Washington state department of transportation's fish passage barrier removal program.

(b) A project application reviewed under this section must document consistency with local, state, and federal flood risk reduction requirements, and with applicable state and federal cultural resource protection requirements.

(c) For those projects that require a land use authorization from the department of natural resources, the project applicant must include in its application for a permit under this section a signed joint aquatic resources permit application, attachment E.

The project applicant must provide a copy of a completed application to the department of natural resources.

The project applicant may submit its completed application for a permit under this section to the department either:

(i) 30 days after providing a copy of a completed application to the department of natural resources;

or (ii) upon receipt of a signed attachment E from the department of natural resources, whichever comes first.

If the project applicant submits p.

49 SB 5801 their application 30 days after filing the signed joint aquatic resources permit application, attachment E, with the department of natural resources, the department of natural resources must make a final decision on applications for projects under this section within 30 days of the issuance of a permit under this section.

(3) Fish barrier removal projects approved for inclusion in this permit program and that are reviewed and approved under this section are not subject to RCW 43.21C.030(2) and are not required to obtain local or state permits or approvals other than the permit issued under this section, except permits minimally necessary as a requirement of participation in a federal program.

(4)(a) A permit under this chapter is required for projects that meet the criteria of subsection (2) of this section and must be reviewed and, if appropriate, approved under this section.

An applicant shall use the department's online permitting system or a paper or email joint aquatic resources permit application submission to apply for approval under this section and shall at the same time provide a copy of the application to the local government within whose geographical jurisdiction the project will be located, to the members of the multiagency permitting team created in this section, and to potentially affected federally recognized tribes.

(b) When the department concludes that a complete application has been submitted under this section and copies of the application have been provided as required in this section, the department shall provide notice to the local government within whose geographical jurisdiction the project will be located, to potentially affected federally recognized tribes, and to the members of the multiagency permitting team of receipt of a complete permit application.

(i) Unless the multiagency permitting team process described in this section is invoked, the department shall evaluate and make a decision on the application not sooner than 25 days, and not later than 45 days, after receipt of a complete permit application.

(ii) Within 25 days of receiving a copy of the complete project application, the local government within whose geographical jurisdiction the project would be located, any member of the multiagency permitting team, or a potentially affected federally recognized tribe may request that the department place the application on hold and immediately convene a meeting with the requesting entity and the multiagency permitting team to review and evaluate the project.

p.

50 SB 5801 (iii) All parties involved in this review process shall work in good faith to expedite permitting and any party with concerns shall provide the basis for its concerns and potential pathways to address those concerns.

Any party objecting to expedited permitting shall provide a written basis for its objections to the department or the multiagency permitting team.

(iv) The multiagency review process may not exceed 45 days from the request for review.

(c) The multiagency permitting team consists of representatives of the local government in whose geographical jurisdiction the project would be located, the department, the department of ecology, the recreation and conservation office, the governor's salmon recovery office, the department of natural resources, and, when the project in question is located in the Puget Sound basin, the Puget Sound partnership.

Meetings of the multiagency permitting team must be facilitated by the department.

(d) The department or, where applicable, the multiagency permitting team shall exclude any project from the review and approval process created under this section if it concludes that the project may adversely impact human health, public safety, or the environment, or that the project's scope or complexity renders it inappropriate for expedited review.

(e) If the department or the multiagency permitting team determines that the review and approval process created under this section is not appropriate for the proposed project, the department shall notify the applicant, the appropriate local government, and potentially affected federally recognized tribes of its determination.

The applicant may reapply for approval of the project under generally applicable review and approval processes.

If the multiagency permitting team determines that the review and approval process created under this section is appropriate for the proposed project, the hold on the application must be lifted and the department shall make a decision within the time that remains of the original 45-day decision deadline.

(f) Any person aggrieved by the approval, denial, conditioning, or modification of a permit under this section may appeal the decision as provided in RCW 77.55.021(8).

(g) The department shall, in a timely manner, provide a copy of any application seeking review under this section and shall p.

51 SB 5801 thereafter coordinate with affected federally recognized tribes as it implements this section.

(5) No local or state government may require permits or charge fees other than the permit issued under this section, except permits minimally necessary as a requirement of participation in a federal program, for fish barrier removal projects that meet the criteria of subsection (2) of this section and that are reviewed and approved according to the provisions of this section.

(6) No civil liability may be imposed by any court on the state or its officers and employees for any adverse impacts resulting from a fish barrier removal project permitted by the department under the criteria of this section except upon proof of gross negligence or willful or wanton misconduct.

NEW SECTION.

Sec.

505.

A new section is added to chapter 43.21C RCW to read as follows:

A project that receives a permit pursuant to section 504 of this act is not subject to the requirements of RCW 43.21C.030(2).

Sec.

506.

(b) Unless a facility is expressly listed in (a) of this subsection, essential public facilities do not include facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal p.

52 ESSBSB 5801 in custody under process of law pending the outcome of legal proceedings but are not used for punishment, correction, counseling, or rehabilitation following the conviction of a criminal offense.

(5)(a)(5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

(b)(6) ANo cityperson ormay countybring precludesa ancause essentialof publicaction facilityfor whencivil thedamages citybased oron countythe imposesgood conditionsfaith oractions costsof thatany thecounty city or countycity cannot demonstrate are reasonably necessary to mitigateprovide adversefor impactsthe directlysiting causedof bysecure constructioncommunity ortransition operationfacilities ofin theaccordance with p.

53 ESSBSB 5801 essentialthis publicsection facility.and with the requirements of chapter 12, Laws of 2001 2nd sp.

A city or county also precludes an essential public facility when it imposes a permitting process that is too costly or time consuming for the essential public facility to reasonably comply.

This subsection (5)(b) is limited exclusively to those essential public facilities that are improvements to high capacity transportation systems as defined in RCW 81.104.015.

(6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp.

505.507.

Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, improvements to high capacity transportation systems as defined in RCW 81.104.015, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health p.facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020.

54 ESSB 5801 facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020.

Facilitiesp. included under this subsection (1)(b) shall not include facilities detaining persons under RCW 71.09.020 (7) or (16) or chapter 10.77 or 71.05 RCW.

54 SB 5801 Facilities included under this subsection (1)(b) shall not include facilities detaining persons under RCW 71.09.020 (7) or (16) or chapter 10.77 or 71.05 RCW.

(4) The office of financial management shall maintain a list of those essential state public facilities that are required or likely p.to be built within the next six years.

55 ESSB 5801 to be built within the next six years.

(5)(a)(5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

(b) A city or county precludes an essential public facility when the city or county imposes conditions or costs that the city or county cannot demonstrate are reasonably necessary to mitigate adverse impacts directly caused by construction or operation of the essential public facility.

A city or county also precludes an essential public facility when it imposes a permitting process that is too costly or time consuming for the essential public facility to reasonably comply.

This subsection (5)(b) is limited exclusively to those essential public facilities that are improvements to high capacity transportation systems as defined in RCW 81.104.015.

For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 29B.10.030,p. corporation, partnership, association, and limited liability entity.

55 SB 5801 29B.10.030, corporation, partnership, association, and limited liability entity.

506.508.

In the event of a disagreement over the scope of a transit project, state agencies, cities, and counties shall accept the detailed statement prepared by the transit agency under RCW 43.21C.030(2)(c) as the sole environmental review document, rather than conducting separate environmental reviews or preparing p.additional detailed statements.

56 ESSB 5801 additional detailed statements.

NEWp. SECTION.

56 SB 5801 NEW SECTION.

p.(6) "Pedestrian facility" means a facility designed to meet the needs of pedestrians in accordance with county and Americans with disabilities act requirements.

57 ESSB 5801 (6) "Pedestrian facility" means a facility designed to meet the needs of pedestrians in accordance with county and Americans with disabilities act requirements.

NEWp. SECTION.

57 SB 5801 NEW SECTION.

Whenever a county local road program project connects with and will be substantially affected by a programmed construction project on a state highway, the p.proper county officials shall jointly plan the development of such project with the department of transportation district administrator.

58 ESSB 5801 proper county officials shall jointly plan the development of such project with the department of transportation district administrator.

and (c)p. This restriction does not apply to any moneys diverted from the road district levy under chapter 39.89 RCW.

58 SB 5801 (c) This restriction does not apply to any moneys diverted from the road district levy under chapter 39.89 RCW.

The proposed projects must p.be evaluated on the basis of the priority rating factors specified in section 603 of this act.

59 ESSB 5801 be evaluated on the basis of the priority rating factors specified in section 603 of this act.

NEWp. SECTION.

59 SB 5801 NEW SECTION.

p.(iii) Improving safety for frontline employees such as barriers on rolling stock or facilities;

60 ESSB 5801 (iii) Improving safety for frontline employees such as barriers on rolling stock or facilities;

(5) For purposes of this section, "transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county public transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, a regionalp. transit authority under chapter 81.112 RCW, or any special purpose district formed to operate a public transportation system.

60 SB 5801 regional transit authority under chapter 81.112 RCW, or any special purpose district formed to operate a public transportation system.

The purpose p.of the program is to improve active transportation connectivity in communities by:

61 ESSB 5801 of the program is to improve active transportation connectivity in communities by:

(i) Overburdened communities as defined in RCW 70A.02.010 to mean a geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is notp. limited to, highly impacted communities as defined in RCW 19.405.020;

61 SB 5801 not limited to, highly impacted communities as defined in RCW 19.405.020;

p.(iii) Household incomes at or below 200 percent of the federal poverty level;

62 ESSB 5801 (iii) Household incomes at or below 200 percent of the federal poverty level;

(7)p. Beginning September 2027, by the last day of September, December, March, and June of each year, the state treasurer shall transfer $3,125,000 from the move ahead WA flexible account created in RCW 46.68.520 to the Sandy Williams connecting communities program account created in this section.

62 SB 5801 (7) Beginning September 2027, by the last day of September, December, March, and June of each year, the state treasurer shall transfer $12,500,000 from the move ahead WA flexible account created in RCW 46.68.520 to the Sandy Williams connecting communities program account created in this section.

p.(3) The department shall report on an annual basis the status of projects funded as part of the bicyclist and pedestrian grant and safe routes to school grant programs.

63 ESSB 5801 (3) The department shall report on an annual basis the status of projects funded as part of the bicyclist and pedestrian grant and safe routes to school grant programs.

(2)(((a)))p. For the ((elementary and middle school program)) grades through three through eight and grades six through 12 programs, the department shall contract with a nonprofit organization with relevant reach and experience, including a statewide footprint and demonstrable experience deploying bicycling and road safety education curriculum via a train the trainer model in schools.

63 SB 5801 (2)(((a))) For the ((elementary and middle school program)) grades through three through eight and grades six through 12 programs, the department shall contract with a nonprofit organization with relevant reach and experience, including a statewide footprint and demonstrable experience deploying bicycling and road safety education curriculum via a train the trainer model in schools.

Youth and families p.participating in the school-base bicycle education grant program shall have an opportunity to receive a bike, lock, helmet, and lights free of cost)) training.

64 ESSB 5801 participating in the school-base bicycle education grant program shall have an opportunity to receive a bike, lock, helmet, and lights free of cost)) training.

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

64 SB 5801 (a) Population impacted by poverty, as measured by free and reduced lunch population or 200 percent federal poverty level;

p.(5) The department shall submit a report for both programs to the transportation committees of the legislature by December 1, 2022, and each December 1st thereafter identifying the selected programs and school districts for funding by the legislature.

65 ESSB 5801 (5) The department shall submit a report for both programs to the transportation committees of the legislature by December 1, 2022, and each December 1st thereafter identifying the selected programs and school districts for funding by the legislature.

PARTp. VII MISCELLANEOUS Sec.

65 SB 5801 PART VII MISCELLANEOUS Sec.

Thereafter all terms)) The present two members of the commission whose terms expire June 30, 2025, shall serve until their expiration p.date, at which time those positions are eliminated.

66The ESSBother 5801present date,five atmembers whichof timethe onecommission shall continue serving until the expiration dates of thosetheir positionsrespective iscurrent eliminated.terms.

The present member of the commission whose term expires June 30, 2026, shall serve until the expiration date, at which time the position is eliminated.

The other present four members of the commission shall continue serving until the expiration dates of their respective current terms.

(1) ((To propose policies to be adopted by the governor and the legislature designed to assure the development and maintenance of a comprehensive and balanced statewide transportation system which will meetp. the needs of the people of this state for safe and efficient transportation services.

66 SB 5801 meet the needs of the people of this state for safe and efficient transportation services.

(b) Inventory the adopted policies, goals, and objectives of the local and area-wide governmental bodies of the state and define the role of the state, regional, and local governments in determining p.transportation policies, in transportation planning, and in implementing the state transportation plan;

67 ESSB 5801 transportation policies, in transportation planning, and in implementing the state transportation plan;

and (c) recommend statewide transportationp. policies and strategies to the legislature to fulfill the requirements of subsection (1) of this section.

67 SB 5801 transportation policies and strategies to the legislature to fulfill the requirements of subsection (1) of this section.

p.(5))) To propose to the governor and the legislature prior to the convening of each regular session held in an odd-numbered year a recommended budget for the operations of the commission as required by RCW 47.01.061;

68 ESSB 5801 (5))) To propose to the governor and the legislature prior to the convening of each regular session held in an odd-numbered year a recommended budget for the operations of the commission as required by RCW 47.01.061;

(1) It is the intent of the legislature to establish policy goals for the planning, operation, performance of, and investment in, the state'sp. transportation system.

68 SB 5801 state's transportation system.

p.(d) Mobility:

69 ESSB 5801 (d) Mobility:

(5) A local or regional agency engaging in transportation planning may voluntarily establish objectives and performance measures to demonstrate progress toward the attainment of the policy goalsp. set forth in subsection (1) of this section or any other transportation policy goals established by the local or regional agency.

69 SB 5801 goals set forth in subsection (1) of this section or any other transportation policy goals established by the local or regional agency.

p.NEW SECTION.

70 ESSB 5801 NEW SECTION.

(3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository,p. safekeeping, and disbursement functions for the state treasury and affected state agencies.

70 SB 5801 depository, safekeeping, and disbursement functions for the state treasury and affected state agencies.

The state treasurer shall p.credit the general fund with all the earnings credited to the treasury income account except:

71 ESSB 5801 credit the general fund with all the earnings credited to the treasury income account except:

The abandoned recreational vehicle disposal account, the aeronautics account, the Alaskan Way viaduct replacement project account, the ambulance transport fund, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Chehalis basin account, the Chehalis basin taxable account, the clean fuels credit account, the clean fuels transportation investment account, the cleanup settlement account, ((the climate active transportation account, the climate transit programs account,)) the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the community forest trust account, the connecting Washington account, the county arterial preservation account, the county criminal justice assistance account, the covenant homeownership account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community services account, the diesel idle reduction account, the opioid abatement settlement account, the drinking water assistance account, the administrative subaccount of the drinking water assistance account, the early learning facilities development account, the early learning facilities revolving account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the electric vehicle account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the fair start for kids account, the family medicine workforce development account, the ferry bond retirement fund, the fish, wildlife, and conservation account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the higher education retirement plan supplemental benefit fund, the Washington student p.

7271 ESSBSB 5801 vehicle account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the fair start for kids account, the family medicine workforce development account, the ferry bond retirement fund, the fish, wildlife, and conservation account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the higher education retirement plan supplemental benefit fund, the Washington student loan account, the highway bond retirement fund, the highway infrastructure account, the highway safety fund, the hospital safety net assessment fund, the Interstate 5 bridge replacement project account, 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 reserve officers' relief and pension principal fund, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the second injury 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 hazard mitigation revolving loan 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 p.

7372 ESSBSB 5801 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 hazard mitigation revolving loan 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 account), the transportation equipment fund, the JUDY 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 tribal opioid prevention and treatment account, the University of Washington bond retirement fund, the University of Washington building account, the voluntary cleanup account, the volunteer firefighters' 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.

Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientificp. permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts.

73 SB 5801 scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts.

p.(5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

74 ESSB 5801 (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

Payments shall occur priorp. to distribution of earnings set forth in subsection (4) of this section.

74 SB 5801 prior to distribution of earnings set forth in subsection (4) of this section.

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

75The ESSBabandoned 5801recreational averagevehicle dailydisposal balanceaccount, the aeronautics account, the Alaskan Way viaduct replacement project account, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the Chehalis basin account, the Chehalis basin taxable account, the clean fuels credit account, the clean fuels transportation investment account, the cleanup settlement account, ((the climate active transportation account, the climate transit programs account,)) the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the community forest trust account, the connecting Washington account, the county arterial preservation account, the county criminal justice assistance account, the covenant homeownership account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community services account, the diesel idle reduction account, the opioid abatement settlement account, the drinking water assistance account, the administrative subaccount of the drinking water assistance account, the early learning facilities development account, the early learning facilities revolving account, the Eastern Washington University capital projects account, the education construction fund, the education legacy trust account, the election account, the electric vehicle account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the fair start for kids account, the period:family medicine workforce development account, the ferry bond retirement fund, the fish, p.

The75 abandonedSB recreational5801 vehiclewildlife, disposaland conservation account, the aeronauticsfreight mobility investment account, the Alaskanfreight Waymobility viaductmultimodal replacement project account, the budgetgrade stabilizationcrossing account,protective fund, the capitalhigher vesseleducation replacementretirement account,plan supplemental benefit fund, the capitolWashington buildingstudent constructionloan account, the Centralhighway Washingtonbond Universityretirement capitalfund, projectsthe highway infrastructure account, the charitable,highway educational,safety penalfund, andthe reformatoryhospital institutionssafety account,net theassessment Chehalisfund, basinthe account,Interstate the5 Chehalisbridge basinreplacement taxableproject account, the cleanInterstate fuels405 creditand account,state theroute cleannumber fuels167 transportationexpress investmenttoll lanes account, the cleanupjudges' settlementretirement account, ((thethe climatejudicial activeretirement transportationadministrative account, the climatejudicial transitretirement programsprincipal account,))account, the Columbialimited riverfish basinand waterwildlife supply development account, the Columbialocal riverleasehold basinexcise taxabletax bond water supply development account, the Columbialocal riverreal basinestate waterexcise supplytax revenue recovery account, the commonlocal schoolsales constructionand fund,use tax account, the communitymarine forestresources stewardship trust account, the connectingmedical Washingtonaid account, the countymoney-purchase arterialretirement preservationsavings administrative account, the countymoney- criminalpurchase justiceretirement assistancesavings principal account, the covenantmotor homeownershipvehicle account,fund, the deferredmotorcycle compensationsafety administrativeeducation account, the deferredmove compensationahead principalWA account, the departmentmove ofahead licensingWA servicesflexible account, the departmentmultimodal oftransportation retirement systems expense account, the developmentalmultiuse disabilitiesroadway communitysafety services account, the dieselmunicipal idlecriminal reductionjustice assistance account, the opioidoyster abatementreserve settlementland account, the drinkingpension waterfunding assistancestabilization account, the administrativeperpetual subaccountsurveillance ofand themaintenance drinkingaccount, waterthe assistancepilotage account, the earlypollution learningliability facilitiesinsurance developmentagency account,underground thestorage earlytank learning facilities revolving account, the Easternpublic Washingtonemployees' Universityretirement capitalsystem projectsplan 1 account, the educationpublic constructionemployees' fund,retirement thesystem educationcombined legacyplan trust2 account,and theplan election3 account, the electricpublic vehiclefacilities account,construction theloan energyrevolving freedom account, the energypublic recoveryhealth actsupplemental account, the essentialpublic railworks assistance account, Thethe EvergreenPuget StateSound College capital projectsconstruction account, the fairPuget startSound forferry kidsoperations account, the familyPuget medicineSound workforceGateway developmentfacility account, the ferryPuget bondSound retirementtaxpayer fund,accountability account, the fish,real wildlife,estate andappraiser conservationcommission account, the freightrecreational mobilityvehicle investment account, the freightregional mobility multimodalgrant program account, the gradereserve crossingofficers' protectiverelief and pension principal fund, the higherresource educationmanagement retirementcost planaccount, supplementalthe benefitrural fund,arterial trust account, the Washingtonrural studentmobility loangrant program account, the highwayrural bondWashington retirementloan fund, the highwaysecond infrastructureinjury fund, the sexual assault prevention and response account, the highwaysite safetyclosure fund,account, the hospitalskilled nursing facility safety net assessmenttrust fund, the Interstatesmall 5city bridgepavement replacementand projectsidewalk account, the Interstatespecial 405category andC account, the special wildlife account, the state routehazard numbermitigation 167revolving expressloan tollaccount, lanesthe state investment board expense account, the judges'state retirementinvestment board commingled trust p.

76 ESSBSB 5801 account,fund accounts, the judicialstate retirementpatrol administrativehighway account, the judicialstate retirementreclamation principalrevolving account, the limitedstate fishroute andnumber wildlife520 account,civil thepenalties local leasehold excise tax account, the localstate realroute estatenumber excise520 taxcorridor account, the localstatewide salesbroadband and use tax account, the marinestatewide resourcestourism stewardshipmarketing trust account, the medicalsupplemental aidpension account, the money-purchaseTacoma retirementNarrows savingstoll administrativebridge account, the money-teachers' purchase retirement savingssystem principalplan account,1 the motor vehicle fund, the motorcycle safety education account, the moveteachers' aheadretirement WAsystem account,combined theplan move2 aheadand WAplan flexible3 account, the multimodaltobacco transportationprevention account,and thecontrol multiuse roadway safety account, the municipaltobacco criminalsettlement justice assistance account, the oystertoll reservefacility landbond account,retirement the pension funding stabilization account, the perpetualtransportation surveillance2003 andaccount maintenance(nickel account,account), the pilotagetransportation account,equipment thefund, pollution liability insurance agency underground storage tank revolving account, the publicJUDY employees'transportation retirementfuture systemfunding planprogram 1 account, the publictransportation employees'improvement retirement system combined plan 2 and plan 3 account, the publictransportation facilitiesimprovement constructionboard loanbond revolvingretirement account, the publictransportation healthinfrastructure supplemental account, the publictransportation workspartnership assistance account, the Pugettraumatic Soundbrain capitalinjury construction account, the Pugettribal Soundopioid ferryprevention operationsand account,treatment the Puget Sound Gateway facility account, the PugetUniversity Soundof taxpayerWashington accountabilitybond account,retirement fund, the realUniversity estateof appraiserWashington commissionbuilding account, the recreationalvoluntary vehiclecleanup account, the regionalvolunteer mobilityfirefighters' grant program account, the reserve officers' relief and pension principal fund, the resourcevolunteer managementfirefighters' costand account,reserve theofficers' ruraladministrative arterialfund, trust account, the ruralvulnerable mobilityroadway grantuser programeducation account, the rural Washington loanjudicial fund,retirement thesystem secondaccount, injury fund, the sexualWashington assaultlaw preventionenforcement officers' and responsefirefighters' account,system theplan site1 closureretirement account, the skilledWashington nursinglaw facilityenforcement safetyofficers' netand trustfirefighters' fund,system theplan small2 cityretirement pavement and sidewalk account, the specialWashington categorypublic Csafety account,employees' theplan special2 wildliferetirement account, the stateWashington hazardschool mitigationemployees' revolvingretirement loansystem account,combined theplan state2 investmentand board3 expense account, the stateWashington investment board commingled trust fund accounts, the state patrol highwayretirement account, the stateWashington reclamationState revolvingUniversity building account, the stateWashington routeState numberUniversity 520bond civilretirement penaltiesfund, account, the statewater routepollution numbercontrol 520revolving corridoradministration account, the statewidewater broadbandpollution account,control therevolving statewidefund, tourism marketing account, the supplementalWestern pensionWashington account,University thecapital Tacomaprojects Narrows toll bridge account, the teachers'Yakima retirementintegrated system plan 1implementation account, the teachers'Yakima retirementintegrated system combined plan 2implementation andrevenue planrecovery 3 account, and the tobaccoYakima preventionintegrated andplan controlimplementation account,taxable thebond tobaccoaccount. settlement p.

77 ESSB 5801 account, the toll facility bond retirement account, the transportation 2003 account (nickel account), the transportation equipment fund, the JUDY 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 tribal opioid prevention and treatment account, the University of Washington bond retirement fund, the University of Washington building account, the voluntary cleanup account, the volunteer firefighters' 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.

(b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury thatp. deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

77 SB 5801 that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.

p.Sec.

78 ESSB 5801 Sec.

(c) investments and programs should focusp. on creating environmental benefits, including eliminating health burdens, creating community and population resilience, and raising the quality of life of those in the community;

78 SB 5801 focus on creating environmental benefits, including eliminating health burdens, creating community and population resilience, and raising the quality of life of those in the community;

p.(3) ((Except as provided in subsection (4) of this section, state)) State agencies allocating funds or administering grants or programs from 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, the climate investment account created in RCW 70A.65.250, or the air quality and health disparities improvement account created in RCW 70A.65.280, ((the climate transit programs account created in RCW 46.68.500, or the climate active transportation account created in RCW 46.68.490,)) must:

79 ESSB 5801 (3) ((Except as provided in subsection (4) of this section, state)) State agencies allocating funds or administering grants or programs from 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, the climate investment account created in RCW 70A.65.250, or the air quality and health disparities improvement account created in RCW 70A.65.280, ((the climate transit programs account created in RCW 46.68.500, or the climate active transportation account created in RCW 46.68.490,)) must:

(b) Agencies shall coordinate with the department and the office of financial management to achieve total statewide spending from the accounts listed in subsection (1) of this section of not less than 35 percent and a goal of 40 percent of total investments that provide directp. and meaningful benefits to vulnerable populations within the boundaries of overburdened communities as otherwise described in subsection (1)(a) through (d) of this section and in accordance with RCW 70A.65.230.

(c)79 TheSB requirements5801 ofdirect subsectionand (3)(c)meaningful ofbenefits thisto sectionvulnerable forpopulations agencieswithin otherthe thanboundaries coveredof agenciesoverburdened tocommunities createas andotherwise adoptdescribed communityin engagementsubsection plans(1)(a) applythrough only(d) toof executivethis branchsection agencies and institutionsin ofaccordance higherwith education, as defined in RCW 28B.10.016,70A.65.230. p.

80(c) ESSBThe 5801requirements of subsection (3)(c) of this section for agencies other than covered agencies to create and adopt community engagement plans apply only to executive branch agencies and institutions of higher education, as defined in RCW 28B.10.016, receiving total appropriations of more than $2,000,000 for the 2023-2025 fiscal biennium from the accounts listed in subsection (1) of this section.)) Sec.

(b)p. Provide a forum to analyze policies adopted under this chapter to determine if the policies lead to improvements within overburdened communities;

80 SB 5801 (b) Provide a forum to analyze policies adopted under this chapter to determine if the policies lead to improvements within overburdened communities;

(e) Evaluate the level of funding provided to assist vulnerable populations, low-income individuals, and impacted workers and the p.funding of projects and activities located within or benefiting overburdened communities;

81 ESSB 5801 funding of projects and activities located within or benefiting overburdened communities;

and (b)p. In addition to the requirements of (a) of this subsection, a minimum of not less than 10 percent of total investments that are used for programs, activities, or projects formally supported by a resolution of an Indian tribe, with priority given to otherwise qualifying projects directly administered or proposed by an Indian tribe.

81 SB 5801 (b) In addition to the requirements of (a) of this subsection, a minimum of not less than 10 percent of total investments that are used for programs, activities, or projects formally supported by a resolution of an Indian tribe, with priority given to otherwise qualifying projects directly administered or proposed by an Indian tribe.

(2) The expenditure of moneys under this chapter must be consistent with applicable federal, state, and local laws, and treaty p.rights including, but not limited to, prohibitions on uses of funds imposed by the state Constitution.

82 ESSB 5801 rights including, but not limited to, prohibitions on uses of funds imposed by the state Constitution.

Every person, company, or corporation having the control or management of any railroad shall, outside of any corporate city or town, and outside the limits of any sidetrack or switch, cause to be constructed and maintained in good repair on each side of said railroad,p. along the line of said right-of-way of such person, company, or corporation operating the same, a substantial fence, and at every point where any roadway or other public highway shall cross said railroad, a safe and sufficient crossing must be built and maintained, and on each side of such crossing and at each end of such sidetrack or switch, outside of any incorporated city or town, a sufficient cattle guard:

PROVIDED,82 ThatSB any5801 personrailroad, holdingalong landthe online both sides of said right-of-way shallof havesuch person, company, or corporation operating the rightsame, toa putsubstantial infence, gatesand forat hisevery point where any roadway or herother ownpublic usehighway shall cross said railroad, a safe and sufficient crossing must be built and maintained, and on each side of such crossing and at each end of such placessidetrack asor mayswitch, beoutside convenient.of any incorporated city or town, a sufficient cattle guard:

ThisPROVIDED, p.That any person holding land on both sides of said right -of-way shall have the right to put in gates for his or her own use at such places as may be convenient.

83This ESSB 5801 section does not apply to rail right-of-way owned by the department of transportation.

A city government mustp. notify the department of transportation when it installs an automated traffic safety camera to enforce traffic ordinances as authorized in this subsection.

83 SB 5801 must notify the department of transportation when it installs an automated traffic safety camera to enforce traffic ordinances as authorized in this subsection.

Cities and counties using automated traffic safety cameras before July 24, 2005, are subject to p.the restrictions described in this section, but are not required to adopt an authorizing ordinance.

84 ESSB 5801 the restrictions described in this section, but are not required to adopt an authorizing ordinance.

Cities and counties using automated traffic safety cameras must provide the commission with the datap. it requests for the report required under this subsection in a form and manner specified by the commission.

84 SB 5801 data it requests for the report required under this subsection in a form and manner specified by the commission.

p.Signs 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.

85 ESSB 5801 Signs 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.

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

85 SB 5801 evidence detected by an automated traffic safety camera may respond to the notice by mail.

p.(11) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(d), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section.

86 ESSB 5801 (11) Notwithstanding any other provision of law, all photographs, microphotographs, or electronic images, or any other personally identifying data prepared under this section are for the exclusive use of authorized city or county employees, as specified in RCW 46.63.030(1)(d), in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this section.

(13)(a)p. Except as provided in (d) of this subsection, a county or a city may only use revenue generated by an automated traffic safety camera program as authorized under this section for:

(i)86 TrafficSB safety5801 activities(13)(a) relatedExcept toas constructionprovided andin preservation(d) projectsof andthis maintenancesubsection, anda operationscounty purposesor including,a butcity notmay limitedonly to,use projectsrevenue designedgenerated toby implementan theautomated completetraffic streetssafety approachcamera program as definedauthorized inunder RCWthis 47.04.010,section changesfor: in physical infrastructure to reduce speeds through road design, and changes to improve safety for active transportation users, including p.

87(i) ESSBTraffic 5801safety activities related to construction and preservation projects and maintenance and operations purposes including, but not limited to, projects designed to implement the complete streets approach as defined in RCW 47.04.010, changes in physical infrastructure to reduce speeds through road design, and changes to improve safety for active transportation users, including improvements to access and safety for road users with mobility, sight, or other disabilities;

(c) Except as provided in (d) of this subsection, beginning four years after an automated traffic safety camera authorized under this section is initially placed and in use after June 6, 2024, 25 percent of the noninterest money received for infractions issued by such camerasp. in excess of the cost to administer, install, operate, and maintain the cameras, including the cost of processing infractions, must be deposited into the Cooper Jones active transportation safety account created in RCW 46.68.480.

(d)(i)(A)87 JurisdictionsSB with5801 ancameras automatedin trafficexcess safetyof camerathe programcost into effectadminister, beforeinstall, Januaryoperate, 1,and 2024,maintain maythe continuecameras, toincluding allocatethe revenuecost generatedof fromprocessing automatedinfractions, trafficmust safetybe camerasdeposited authorizedinto underthe RCWCooper 46.63.230Jones andactive 46.63.250(2)(c)transportation assafety determinedaccount bycreated thein p.RCW 46.68.480.

88(d)(i)(A) ESSBJurisdictions 5801with an automated traffic safety camera program in effect before January 1, 2024, may continue to allocate revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 and 46.63.250(2)(c) as determined by the jurisdiction, as well as for the purposes established in (a) through (c) of this subsection, by:

and (II)p. A school speed zone for automated traffic safety cameras authorized under RCW 46.63.250(2)(c) where cameras authorized under RCW 46.63.250(2)(c) are in use.

(ii)88 TheSB revenue5801 distribution(II) requirementsA underschool (a)speed throughzone (d)(i)for of this subsection do not apply to automated traffic safety cameracameras programsauthorized inunder effectRCW before46.63.250(2)(c) Januarywhere 1,cameras 2024,authorized forunder whichRCW an46.63.250(2)(c) ordinanceare in effectuse. as of January 1, 2024, directs the manner in p.

89(ii) ESSBThe 5801revenue distribution requirements under (a) through (d)(i) of this subsection do not apply to automated traffic safety camera programs in effect before January 1, 2024, for which an ordinance in effect as of January 1, 2024, directs the manner in which revenue generated from automated traffic safety cameras authorized under RCW 46.63.230 or 46.63.250(2)(c) must be used.

The amount of the fine issued for an infraction generated through the use of an automated traffic safety camera may not exceed $145, as adjusted for inflation by the office of financial management every five years, beginning January 1, 2029, based upon changes in the consumer price index during that time period, but may bep. doubled for a school speed zone infraction generated through the use of an automated traffic safety camera.

(17)89 IfSB the5801 registeredbe ownerdoubled offor the vehicle is a rentalschool carspeed business,zone the issuing agency must, before a notice of infraction beinggenerated issuedthrough under this section, provide a written notice to the rentaluse car business that a notice of infractionan mayautomated betraffic issuedsafety tocamera. the rental car business if the rental car business does not, within 18 p.

90(17) ESSBIf 5801the registered owner of the vehicle is a rental car business, the issuing agency must, 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 18 days of receiving the written notice, provide to the issuing agency by return mail:

(i)p. Bidders must have private sector partners contributing to the project who stand to gain indirect value from development of the project, such as motor vehicle manufacturers, retail stores, or tourism stakeholders;

(ii)90 SB 5801 (i) Bidders must demonstratehave thatprivate thesector proposedpartners projectcontributing willto bethe valuableproject who stand to cleangain alternativeindirect fuelvalue from development of the project, such as motor vehicle driversmanufacturers, andretail willstores, addressor p.tourism stakeholders;

91(ii) ESSBBidders 5801must demonstrate that the proposed project will be valuable to clean alternative fuel vehicle drivers and will address an existing gap in the state's low carbon transportation infrastructure;

(1) Subject to the availability of amounts appropriated for this specific purpose ((through the 2023-2025 biennium)), the department's public-privatep. partnership office must develop a pilot program to support clean alternative fuel car sharing programs to provide clean alternative fuel vehicle use opportunities to underserved communities and low to moderate income members of the workforce not readily served by transit or located in transportation corridors with emissions that exceed federal or state emissions standards.

Nonprofit91 p.SB 5801 public-private partnership office must develop a pilot program to support clean alternative fuel car sharing programs to provide clean alternative fuel vehicle use opportunities to underserved communities and low to moderate income members of the workforce not readily served by transit or located in transportation corridors with emissions that exceed federal or state emissions standards.

92Nonprofit ESSB 5801 organizations or local governments, including housing authorities, with a demonstrated history of managing or implementing low-income transportation clean alternative fuel and shared mobility pilot programs are eligible to participate in this program.

(b)p. At the termination of a program for providing alternative fuel car sharing services, the state must be reimbursed for any property acquired with state grant funding under this section that nongovernmental participants in the program retain at the time of program termination.

The92 amountSB 5801 (b) At the termination of reimbursementa mayprogram for providing alternative fuel car sharing services, the state must be reimbursed for any property acquired with state grant funding under nothis p.section that nongovernmental participants in the program retain at the time of program termination.

93The ESSBamount 5801of reimbursement may under no circumstances be less than the fair market value of the property at the time of the termination of the program.

The terms of any plan to pursue a lease with an option to buy agreement must be approved by the governor and appropriate committeesp. of the legislature and are subject to the availability of amounts appropriated for this specific purpose.

93 SB 5801 committees of the legislature and are subject to the availability of amounts appropriated for this specific purpose.

p.(d) The department must award a credit of 13 percent of the bid price for bid proposals for vessels constructed in the state of Washington, which must be adjusted to reflect the proportion of the construction of the vessels that occurs within the state.

94 ESSB 5801 (d) The department must award a credit of 13 percent of the bid price for bid proposals for vessels constructed in the state of Washington, which must be adjusted to reflect the proportion of the construction of the vessels that occurs within the state.

(c) Advise on contract and technical matters;

and (d) Possess knowledge of and experience with inland waterways, Puget Sound vessel operations, the propulsion system of the new vessels, and Washington state ferries operations.

9594 ESSBSB 5801 NEW(c) SECTION.Advise on contract and technical matters;

and (d) Possess knowledge of and experience with inland waterways, Puget Sound vessel operations, the propulsion system of the new vessels, and Washington state ferries operations.

NEW SECTION.

The number, names, ages, pilot license number, training license number, and years of service as a Washington licensed pilot of any person licensedp. by the board as a Washington state pilot or trainee;

95 SB 5801 licensed by the board as a Washington state pilot or trainee;

the annual earnings or stipends p.of individual pilots and trainees before and after deduction for expenses of pilot organizations, including extra compensation as a separate category;

96 ESSB 5801 of individual pilots and trainees before and after deduction for expenses of pilot organizations, including extra compensation as a separate category;

and do such other things as are reasonable, necessary, and expedient to insure properp. and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter.

96 SB 5801 proper and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter.

p.Sec.

97 ESSB 5801 Sec.

NEWp. SECTION.

97 SB 5801 NEW SECTION.

When the department of corrections, in conjunction with the department of licensing, anticipates a projected license plate shortage statewide or in particular locations, the department of p.licensing must promptly communicate such shortage to the county auditors or other agents, and subagents appointed by the director of the department of licensing.

98 ESSB 5801 licensing must promptly communicate such shortage to the county auditors or other agents, and subagents appointed by the director of the department of licensing.

(3))) The legislature may transfer from the capital vessel replacement account to the connecting Washington account created under RCW 46.68.395 such amounts as reflect the excess fund balance ofp. the capital vessel replacement account to be used for ferry terminal construction and preservation.

(((4)))98 (3)SB During5801 theof 2021-2023 and 2023-2025 fiscal biennia, the legislaturecapital mayvessel directreplacement theaccount state treasurer to makebe transfersused offor moneysferry interminal theconstruction capitaland vesselpreservation. replacement account to the p.

99(((4))) ESSB(3) 5801During the 2021-2023 and 2023-2025 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the capital vessel replacement account to the transportation partnership account and the connecting Washington account.

(4)p. By December 1, 2009, the department of enterprise services shall:

99 SB 5801 (4) By December 1, 2009, the department of enterprise services shall:

and p.(b) Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodiesel producers and report these findings to the legislature.

100 ESSB 5801 (b) Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodiesel producers and report these findings to the legislature.

(((a))) (i) 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 and bicyclists, and/or that have a design that hampers the ability of motoristsp. to see a crossing pedestrian with sufficient time to stop given posted speed limits and roadway configuration;

100 SB 5801 motorists to see a crossing pedestrian with sufficient time to stop given posted speed limits and roadway configuration;

identification of connections to existing and planned p.public transportation services, ferry landings, commuter and passenger rail, and airports;

101 ESSB 5801 public transportation services, ferry landings, commuter and passenger rail, and airports;

(2)p. It is unlawful for a person to operate any vehicle on a public highway of this state without having in full force and effect a current and proper vehicle registration and displaying license plates on the vehicle.

(3)101 VehicleSB license5801 plates(2) orIt registrationis certificates,unlawful whetherfor originala issuesperson orto duplicates,operate mayany notvehicle beon issueda orpublic furnishedhighway byof this state without having in full force and effect a current and proper vehicle registration and displaying license plates on the p.vehicle.

102(3) ESSBVehicle 5801license plates or registration certificates, whether original issues or duplicates, may not be issued or furnished by the department until the applicant makes satisfactory application for a certificate of title or presents satisfactory evidence that a certificate of title covering the vehicle has been previously issued.

(ii) Payment of a fine of ((five hundred twenty-nine dollars)) $529 plus any applicable assessments, which may not be suspended or reduced.

The fine of ((five hundred twenty-nine dollars)) $529 must be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250;

103102 ESSBSB 5801 (iii)(ii) APayment fine of ((onea thousandfine dollars))of $1,000((five tohundred betwenty-nine depositeddollars)) into$529 theplus vehicleany licensingapplicable fraudassessments, account created in the state treasury in RCW 46.68.250, which may not be suspended or reduced;reduced.

The fine of ((five hundred twenty-nine dollars)) $529 must be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250;

(iii) A fine of ((one thousand dollars)) $1,000 to be deposited into the vehicle licensing fraud account created in the state treasury in RCW 46.68.250, which may not be suspended or reduced;

PART VIII EFFECTIVE DATES NEW SECTION.

726.

RCW 39.114.020 and 2024 c 236 s 2 are each amended to read as follows:

(1) A local government may designate an increment area under this chapter and use the tax allocation revenues to pay public improvement costs, subject to the following conditions:

(a) The local government must adopt an ordinance designating an increment area within its boundaries and describing the public improvements proposed to be paid for, or financed with, tax allocation revenues;

(b) The local government may not designate increment area boundaries such that the entirety of its territory falls within an increment area;

(c) ((The)) (i) Except as provided in (c)(ii) of this subsection, the increment area may not have an assessed valuation of more than p.

104 ESSB 5801 $200,000,000 or more than 20 percent of the sponsoring jurisdiction's total assessed valuation, whichever is less, when the ordinance is passed.

If a sponsoring jurisdiction creates two increment areas, the total combined assessed valuation in both of the two increment areas may not equal more than $200,000,000 or more than 20 percent of the sponsoring jurisdiction's total assessed valuation, whichever is less, when the ordinances are passed creating the increment areas.

(ii) A sponsoring jurisdiction may designate a single tax increment area with a combined assessed valuation greater than $200,000,000 but no more than $500,000,000 if:

(A) The sponsoring jurisdiction is a city with a population over 150,000 but less than 170,000 and is located in a county with a population of over 1,500,000;

(B) The tax increment area is connected to Interstate 405 and the transportation-related public improvements that will be funded enhance the integration and connection of neighborhoods within and adjacent to the increment area;

(C) The sponsoring jurisdiction enacted an ordinance designating the increment area no later than January 1, 2029;

and (D) Affected port districts or public utility districts where all or a portion of its levy is excluded from the definition of "regular property taxes" under RCW 39.114.010(9) must approve partial or full participation within the increment area to be subject to the apportionment under this chapter;

(d) ((A)) Except as otherwise provided in (c)(ii) of this subsection, a local government can create no more than two active increment areas at any given time and they may not physically overlap by including the same land in more than one increment area at any time;

(e) The ordinance must set a sunset date for the increment area, which may be no more than 25 years after the first year in which tax allocation revenues are collected from the increment area;

(f) The ordinance must identify the public improvements to be financed and indicate whether the local government intends to issue bonds or other obligations, payable in whole or in part, from tax allocation revenues to finance the public improvement costs, and must estimate the maximum amount of obligations contemplated;

(g) The ordinance must provide that the increment area takes effect on June 1st following the adoption of the ordinance in (a) of this subsection;

p.

105 ESSB 5801 (h) The sponsoring jurisdiction may not add additional public improvements to the project after adoption of the ordinance creating the increment area or change the boundaries of the increment area.

The sponsoring jurisdiction may expand, alter, or add to the original public improvements when doing so is necessary to assure the originally approved improvements can be constructed or operated;

(i) The ordinance must impose a deadline by which commencement of construction of the public improvements shall begin, which deadline must be at least five years into the future and for which extensions shall be made available for good cause;

and (j) The local government must make a finding that:

(i) The public improvements proposed to be paid or financed with tax allocation revenues are expected to encourage private development within the increment area and to increase the assessed value of real property within the increment area;

(ii) Private development that is anticipated to occur within the increment area as a result of the proposed public improvements will be permitted consistent with the permitting jurisdiction's applicable zoning and development standards;

(iii) The private development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the proposed public improvements;

and (iv) The increased assessed value within the increment area that could reasonably be expected to occur without the proposed public improvements would be less than the increase in the assessed value estimated to result from the proposed development with the proposed public improvements.

(2) In considering whether to designate an increment area, the legislative body of the local government must prepare a project analysis that shall include, but need not be limited to, the following:

(a) A statement of objectives of the local government for the designated increment area;

(b) A statement as to the property within the increment area, if any, that the local government may intend to acquire;

(c) The duration of the increment area;

(d) Identification of all parcels to be included in the area;

(e) A description of the expected private development within the increment area, including a comparison of scenarios with the proposed public improvements and without the proposed public improvements;

p.

106 ESSB 5801 (f) A description of the public improvements, estimated public improvement costs, and the estimated amount of bonds or other obligations expected to be issued to finance the public improvement costs and repaid with tax allocation revenues;

(g) The assessed value of real property listed on the tax roll as certified by the county assessor under RCW 84.52.080 from within the increment area and an estimate of the increment value and tax allocation revenues expected to be generated;

(h) An estimate of the job creation reasonably expected to result from the public improvements and the private development expected to occur in the increment area;

(i) An assessment of any impacts on the following:

(i) Affordable and low-income housing;

(ii) The local business community;

(iii) The local school districts;

and (iv) The local fire service, public hospital service, and emergency medical services;

and (j) The assessment of impacts under (i) of this subsection (2) must include any necessary mitigation to the local fire service, public hospital service, and emergency medical services;

and (k) An assessment of any impacts of any other junior taxing districts not referenced in (i) of this subsection (2).

(3) The local government may charge a private developer, who agrees to participate in creating the increment area, a fee sufficient to cover the cost of the project analysis and establishing the increment area, including staff time, professionals and consultants, and other administrative costs related to establishing the increment area.

(4) Nothing in this section prohibits a local government from entering into an agreement under chapter 39.34 RCW with another local government for the administration or other activities related to tax increment financing authorized under this section.

(5)(a) If the project analysis indicates that an increment area will impact at least 20 percent of the assessed value in a public hospital district, fire protection district, or regional fire protection service authority, or if the public hospital district's or the fire service agency's annual report, or other governing board- adopted capital facilities plan, demonstrates an increase in the level of service directly related to the increased development in the increment area, the local government must enter into negotiations for p.

107 ESSB 5801 a mitigation plan with the impacted public hospital district, fire protection district, or regional fire protection service authority to address level of service issues in the increment area.

(b) If the parties cannot agree pursuant to (a) of this subsection (5), the parties must proceed to arbitration to determine the appropriate mitigation plan.

The board of arbitrators must consist of three persons:

One appointed by the local government seeking to designate the increment area and one appointed by the junior taxing district, both of whom must be appointed within 60 days of the date when arbitration is requested, and a third arbitrator who must be appointed by agreement of the other two arbitrators within 90 days of the date when arbitration is requested.

If the two are unable to agree on the appointment of the third arbitrator within this 90- day period, then the third arbitrator must be appointed by a judge in the superior court of the county within which the largest portion of the increment area is located.

The determination by the board of arbitrators is binding on both the local government seeking to impose the increment area and the junior taxing district.

(6) The local government may reimburse the assessor and treasurer for their costs as provided in RCW 39.114.010(6)(e).