HomeMy WebLinkAboutCOW 2018-02-12 Item 3G - Discussion - Support House Bill 2948 and Senate Bill 6576 Regarding Population Threshold to Trigger Responsibility for State HighwaysCOUNCIL AGF,NDA SYNOPSIS
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Staff is seeking Council consensus to support House Bill 2948 and Senate Bill 6576, which
sirmi \i{v would raise the population threshold that triggers cities assuming responsibility for State
highways.
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ITEM INFORMATION
ITEM No.
3.G.
S 1 \ i 1 SPoN;,()R. RACHEL BIANCHI
0R1c,IN \I A(,I ND \ D \ 11 : 02/12/18
A(;I NI) \ Ill M TIII I House Bill 2948 and Senate Bill 6576
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Staff is seeking Council consensus to support House Bill 2948 and Senate Bill 6576, which
sirmi \i{v would raise the population threshold that triggers cities assuming responsibility for State
highways.
i \Ai wi i) KV C.O. W. Mtg. [ CDN Comm 1 inancc Comm. Public Safety Comm.
7 Inns &Infrastructure fl Art-, Comm Parks Comm. 111 Planning Comm.
DATF; CONINII rl l'll, CI lAIR
RECOMMENDATIONS:
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COST IMPACT / FUND SOURCE
Expi \Dill:RI RI (,),[11RI I) AMOUNT BUDGETED APPROPRIATION REQUIRED
$000
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
2/12/18
MTG. DATE
ATTACHMENTS
2/12/18
Informational Memorandumdated 2/6/18
House Bill 2948
Senate Bill 6576
4 PI
136
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Rachel Bianchi, Communications and Government Relations Manager
CC: Mayor Ekberg
DATE: February 7, 2018
SUBJECT: Support for State Legislation to Raise the Population Threshold for when
Cities Must Assume Maintenance and Operations Responsibilities for
State Highways
ISSUE
House Bill 2948 and Senate Bill 6576 are companion bills that would raise the population
threshold that triggers cities having responsibility over state highways that run through
their jurisdictions. The Council is being asked if they would like to include support for
these bills on the City's legislative agenda.
BACKGROUND
Currently cities with a population under 22,500 do not have responsibilities of
maintenance and operations of state highways that run through their jurisdictions. These
companion bills would raise that threshold to 35,000.
The City of Tukwila has two state highways in its jurisdiction — West Valley Highway and
Martin Luther King Jr. Way South. While the City is currently under the threshold of
22,500, future growth could exceed that number triggering the assumption of
responsibilities for these roads and therefore impacting the City's budget. Raising the
threshold to 35,000 would ensure the City would not need to assume these responsibilities
for the foreseeable future.
The Association of Washington Cities is supportive of the legislation. The Washington
State Department of Transportation has significant concerns regarding the fiscal impact to
the Department and will likely oppose the legislation. The City of Maple Valley reached
out to Tukwila staff to seek support for this legislation.
RECOMMENDATION:
Staff is seeking Council consensus to support House Bill 2948 and Senate Bill 6576.
ATTACHMENTS:
House Bill 2948
Senate Bill 6576
137
138
H-4215.2
HOUSE BILL 2948
State of Washington
By Representatives Graves, Sullivan, Haler, Hargrove, Pike, and Senn
Read first time 01/29/18. Referred to Committee on Transportation.
65th Legislature
2018 Regular Session
1 AN ACT Relating to the responsibilities for state routes in
2 cities or towns; and amending RCW 47.24.020.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 47.24.020 and 2007 c 84 s 1 are each amended to read
5 as follows:
6 The jurisdiction, control, and duty of the state and city or town
7 with respect to such streets is as follows:
8 (1) The department has no authority to change or establish any
9 grade of any such street without approval of the governing body of
10 such city or town, except with respect to limited access facilities
11 established by the commission;
12 (2) The city or town shall exercise full responsibility for and
13 control over any such street beyond the curbs and if no curb is
14 installed, beyond that portion of the highway used for highway
15 purposes. However, within incorporated cities and towns the title to
16 a state limited access highway vests in the state, and,
17 notwithstanding any other provision of this section, the department
18 shall exercise full jurisdiction, responsibility, and control to and
19 over such facility as provided in chapter 47.52 RCW;
20 (3) The department has authority to prohibit the suspension of
21 signs, banners, or decorations above the portion of such street
p. 1 HB 2948
139
1 between the curbs or portion used for highway purposes up to a
2 vertical height of twenty feet above the surface of the roadway;
3 (4) The city or town shall at its own expense maintain all
4 underground facilities in such streets, and has the right to
5 construct such additional underground facilities as may be necessary
6 in such streets. However, pavement trenching and restoration
7 performed as part of installation of such facilities must meet or
8 exceed requirements established by the department;
9 (5) The city or town has the right to grant the privilege to open
10 the surface of any such street, but all damage occasioned thereby
11 shall promptly be repaired either by the city or town itself or at
12 its direction. Pavement trenching and restoration performed under a
13 privilege granted by the city under this subsection must meet or
14 exceed requirements established by the department;
15 (6) The city or town at its own expense shall provide street
16 illumination and shall clean all such streets, including storm sewer
17 inlets and catch basins, and remove all snow, except that the state
18 shall when necessary plow the snow on the roadway. In cities and
19 towns having a population of ((twcnty)) thirty-five thousand or less
20 according to the latest determination of population by the office of
21 financial management, the state, when necessary for public safety,
22 shall assume, at its expense, responsibility for the stability of the
23 slopes of cuts and fills and the embankments within the right-of-way
24 to protect the roadway itself. When the population of a city or town
25 first exceeds ((twcnty)) thirty-five thousand according to the
26 determination of population by the office of financial management,
27 the city or town shall have three years from the date of the
28 determination to plan for additional staffing, budgetary, and
29 equipment requirements before being required to assume the
30 responsibilities under this subsection. The state shall install,
31 maintain, and operate all illuminating facilities on any limited
32 access facility, together with its interchanges, located within the
33 corporate limits of any city or town, and shall assume and pay the
34 costs of all such installation, maintenance, and operation incurred
35 after November 1, 1954;
36 (7) The department has the right to use all storm sewers on such
37 highways without cost; and if new storm sewer facilities are
38 necessary in construction of new streets by the department, the cost
39 of the facilities shall be borne by the state and/or city as may be
p. 2 HE 2948
140
1 mutually agreed upon between the department and the governing body of
2 the city or town;
3 (8) Cities and towns have exclusive right to grant franchises not
4 in conflict with state laws and rules, over, beneath, and upon such
5 streets, but the department is authorized to enforce in an action
6 brought in the name of the state any condition of any franchise which
7 a city or town has granted on such street. No franchise for
8 transportation of passengers in motor vehicles may be granted on such
9 streets without the approval of the department, but the department
10 shall not refuse to approve such franchise unless another street
11 conveniently located and of strength of construction to sustain
12 travel of such vehicles is accessible;
13 (9) Every franchise or permit granted any person by a city or
14 town for use of any portion of such street by a public utility must
15 require the grantee or permittee to restore, repair, and replace any
16 portion of the street damaged or injured by it to conditions that
17 meet or exceed requirements established by the department;
18 (10) The city or town has the right to issue overload or
19 overwidth permits for vehicles to operate on such streets or roads
20 subject to regulations printed and distributed to the cities and
21 towns by the department;
22 (11) Cities and towns shall regulate and enforce all traffic and
23 parking restrictions on such streets, but all regulations adopted by
24 a city or town relating to speed, parking, and traffic control
25 devices on such streets not identical to state law relating thereto
26 are subject to the approval of the department before becoming
27 effective. All regulations pertaining to speed, parking, and traffic
28 control devices relating to such streets heretofore adopted by a city
29 or town not identical with state laws shall become null and void
30 unless approved by the department heretofore or within one year after
31 March 21, 1963;
32 (12) The department shall erect, control, and maintain at state
33 expense all route markers and directional signs, except street signs,
34 on such streets;
35 (13) The department shall install, operate, maintain, and control
36 at state expense all traffic control signals, signs, and traffic
37 control devices for the purpose of regulating both pedestrian and
38 motor vehicular traffic on, entering upon, or leaving state highways
39 in cities and towns having a population of ((twcnty)) thirty-five
40 thousand or less according to the latest determination of population
p. 3
HB 2948
141
1 by the office of financial management. Such cities and towns may
2 submit to the department a plan for traffic control signals, signs,
3 and traffic control devices desired by them, indicating the location,
4 nature of installation, or type thereof, or a proposed amendment to
5 such an existing plan or installation, and the department shall
6 consult with the cities or towns concerning the plan before
7 installing such signals, signs, or devices. Cities and towns having a
8 population in excess of ((twcnty)) thirty-five thousand according to
9 the latest determination of population by the office of financial
10 management shall install, maintain, operate, and control such
11 signals, signs, and devices at their own expense, subject to approval
12 of the department for the installation and type only. When the
13 population of a city or town first exceeds ((twcnty)) thirty-five
14 thousand according to the determination of population by the office
15 of financial management, the city or town shall have three years from
16 the date of the determination to plan for additional staffing,
17 budgetary, and equipment requirements before being required to assume
18 the responsibilities under this subsection. For the purpose of this
19 subsection, striping, lane marking, and channelization are considered
20 traffic control devices;
21 (14) All revenue from parking meters placed on such streets
22 belongs to the city or town;
23 (15) Rights-of-way for such streets shall be acquired by either
24 the city or town or by the state as shall be mutually agreed upon.
25 Costs of acquiring rights-of-way may be at the sole expense of the
26 state or at the expense of the city or town or at the expense of the
27 state and the city or town as may be mutually agreed upon. Title to
28 all such rights-of-way so acquired shall vest in the city or town:
29 PROVIDED, That no vacation, sale, rental, or any other
30 nontransportation use of any unused portion of any such street may be
31 made by the city or town without the prior written approval of the
32 department; and all revenue derived from sale, vacation, rental, or
33 any nontransportation use of such rights-of-way shall be shared by
34 the city or town and the state in the same proportion as the purchase
35 costs were shared;
36 (16) If any city or town fails to perform any of its obligations
37 as set forth in this section or in any cooperative agreement entered
38 into with the department for the maintenance of a city or town street
39 forming part of the route of a state highway, the department may
40 notify the mayor of the city or town to perform the necessary
p. 4 HB 2948
142
1 maintenance within thirty days. If the city or town within the thirty
2 days fails to perform the maintenance or fails to authorize the
3 department to perform the maintenance as provided by RCW 47.24.050,
4 the department may perform the maintenance, the cost of which is to
5 be deducted from any sums in the motor vehicle fund credited or to be
6 credited to the city or town.
--- END ---
p 5
HB 2948
143
144
S-4368.1
SENATE BILL 6576
State of Washington
65th Legislature 2018 Regular Session
By Senators Mullet and Liias
1 AN ACT Relating to the responsibilities of state routes in cities
2 or towns; and amending RCW 47.24.020.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 47.24.020 and 2007 c 84 s 1 are each amended to read
5 as follows:
6 The jurisdiction, control, and duty of the state and city or town
7 with respect to such streets is as follows:
8 (1) The department has no authority to change or establish any
9 grade of any such street without approval of the governing body of
10 such city or town, except with respect to limited access facilities
11 established by the commission;
12 (2) The city or town shall exercise full responsibility for and
13 control over any such street beyond the curbs and if no curb is
14 installed, beyond that portion of the highway used for highway
15 purposes. However, within incorporated cities and towns the title to
16 a state limited access highway vests in the state, and,
17 notwithstanding any other provision of this section, the department
18 shall exercise full jurisdiction, responsibility, and control to and
19 over such facility as provided in chapter 47.52 RCW;
20 (3) The department has authority to prohibit the suspension of
21 signs, banners, or decorations above the portion of such street
p. 1 SB 6576
145
1 between the curbs or portion used for highway purposes up to a
2 vertical height of twenty feet above the surface of the roadway;
3 (4) The city or town shall at its own expense maintain all
4 underground facilities in such streets, and has the right to
5 construct such additional underground facilities as may be necessary
6 in such streets. However, pavement trenching and restoration
7 performed as part of installation of such facilities must meet or
8 exceed requirements established by the department;
9 (5) The city or town has the right to grant the privilege to open
10 the surface of any such street, but all damage occasioned thereby
11 shall promptly be repaired either by the city or town itself or at
12 its direction. Pavement trenching and restoration performed under a
13 privilege granted by the city under this subsection must meet or
14 exceed requirements established by the department;
15 (6) The city or town at its own expense shall provide street
16 illumination and shall clean all such streets, including storm sewer
17 inlets and catch basins, and remove all snow, except that the state
18 shall when necessary plow the snow on the roadway. In cities and
19 towns having a population of ((twcnty)) thirty-five thousand or less
20 according to the latest determination of population by the office of
21 financial management, the state, when necessary for public safety,
22 shall assume, at its expense, responsibility for the stability of the
23 slopes of cuts and fills and the embankments within the right-of-way
24 to protect the roadway itself. When the population of a city or town
25 first exceeds ((twcnty)) thirty-five thousand according to the
26 determination of population by the office of financial management,
27 the city or town shall have three years from the date of the
28 determination to plan for additional staffing, budgetary, and
29 equipment requirements before being required to assume the
30 responsibilities under this subsection. The state shall install,
31 maintain, and operate all illuminating facilities on any limited
32 access facility, together with its interchanges, located within the
33 corporate limits of any city or town, and shall assume and pay the
34 costs of all such installation, maintenance, and operation incurred
35 after November 1, 1954;
36 (7) The department has the right to use all storm sewers on such
37 highways without cost; and if new storm sewer facilities are
38 necessary in construction of new streets by the department, the cost
39 of the facilities shall be borne by the state and/or city as may be
p. 2 SE 6576
146
1 mutually agreed upon between the department and the governing body of
2 the city or town;
3 (8) Cities and towns have exclusive right to grant franchises not
4 in conflict with state laws and rules, over, beneath, and upon such
5 streets, but the department is authorized to enforce in an action
6 brought in the name of the state any condition of any franchise which
7 a city or town has granted on such street. No franchise for
8 transportation of passengers in motor vehicles may be granted on such
9 streets without the approval of the department, but the department
10 shall not refuse to approve such franchise unless another street
11 conveniently located and of strength of construction to sustain
12 travel of such vehicles is accessible;
13 (9) Every franchise or permit granted any person by a city or
14 town for use of any portion of such street by a public utility must
15 require the grantee or permittee to restore, repair, and replace any
16 portion of the street damaged or injured by it to conditions that
17 meet or exceed requirements established by the department;
18 (10) The city or town has the right to issue overload or
19 overwidth permits for vehicles to operate on such streets or roads
20 subject to regulations printed and distributed to the cities and
21 towns by the department;
22 (11) Cities and towns shall regulate and enforce all traffic and
23 parking restrictions on such streets, but all regulations adopted by
24 a city or town relating to speed, parking, and traffic control
25 devices on such streets not identical to state law relating thereto
26 are subject to the approval of the department before becoming
27 effective. All regulations pertaining to speed, parking, and traffic
28 control devices relating to such streets heretofore adopted by a city
29 or town not identical with state laws shall become null and void
30 unless approved by the department heretofore or within one year after
31 March 21, 1963;
32 (12) The department shall erect, control, and maintain at state
33 expense all route markers and directional signs, except street signs,
34 on such streets;
35 (13) The department shall install, operate, maintain, and control
36 at state expense all traffic control signals, signs, and traffic
37 control devices for the purpose of regulating both pedestrian and
38 motor vehicular traffic on, entering upon, or leaving state highways
39 in cities and towns having a population of ((twcnty)) thirty-five
40 thousand or less according to the latest determination of population
p. 3
SB 6576
147
1 by the office of financial management. Such cities and towns may
2 submit to the department a plan for traffic control signals, signs,
3 and traffic control devices desired by them, indicating the location,
4 nature of installation, or type thereof, or a proposed amendment to
5 such an existing plan or installation, and the department shall
6 consult with the cities or towns concerning the plan before
7 installing such signals, signs, or devices. Cities and towns having a
8 population in excess of ((twcnty)) thirty-five thousand according to
9 the latest determination of population by the office of financial
10 management shall install, maintain, operate, and control such
11 signals, signs, and devices at their own expense, subject to approval
12 of the department for the installation and type only. When the
13 population of a city or town first exceeds ((twcnty)) thirty-five
14 thousand according to the determination of population by the office
15 of financial management, the city or town shall have three years from
16 the date of the determination to plan for additional staffing,
17 budgetary, and equipment requirements before being required to assume
18 the responsibilities under this subsection. For the purpose of this
19 subsection, striping, lane marking, and channelization are considered
20 traffic control devices;
21 (14) All revenue from parking meters placed on such streets
22 belongs to the city or town;
23 (15) Rights-of-way for such streets shall be acquired by either
24 the city or town or by the state as shall be mutually agreed upon.
25 Costs of acquiring rights-of-way may be at the sole expense of the
26 state or at the expense of the city or town or at the expense of the
27 state and the city or town as may be mutually agreed upon. Title to
28 all such rights-of-way so acquired shall vest in the city or town:
29 PROVIDED, That no vacation, sale, rental, or any other
30 nontransportation use of any unused portion of any such street may be
31 made by the city or town without the prior written approval of the
32 department; and all revenue derived from sale, vacation, rental, or
33 any nontransportation use of such rights-of-way shall be shared by
34 the city or town and the state in the same proportion as the purchase
35 costs were shared;
36 (16) If any city or town fails to perform any of its obligations
37 as set forth in this section or in any cooperative agreement entered
38 into with the department for the maintenance of a city or town street
39 forming part of the route of a state highway, the department may
40 notify the mayor of the city or town to perform the necessary
p. 4 SB 6576
148
1 maintenance within thirty days. If the city or town within the thirty
2 days fails to perform the maintenance or fails to authorize the
3 department to perform the maintenance as provided by RCW 47.24.050,
4 the department may perform the maintenance, the cost of which is to
5 be deducted from any sums in the motor vehicle fund credited or to be
6 credited to the city or town.
--- END ---
p. 5
SB 6576
149