(1) The legislative
authority of a county or city may establish a transportation
benefit district within the county or city area or within the
area specified in subsection (2) of this section, for the purpose
of acquiring, constructing, improving, providing, and funding a
transportation improvement within the district that is consistent
with any existing state, regional, and local transportation plans
and necessitated by existing or reasonably foreseeable congestion
levels. The transportation improvements shall be owned by the
county of jurisdiction if located in an unincorporated area, by
the city of jurisdiction if located in an incorporated area, or
by the state in cases where the transportation improvement is or
becomes a state highway. However, if deemed appropriate by the
governing body of the transportation benefit district, a
transportation improvement may be owned by a participating port
district or transit district, unless otherwise prohibited by law.
Transportation improvements shall be administered and maintained
as other public streets, roads, highways, and transportation
improvements. To the extent practicable, the district shall
consider the following criteria when selecting transportation
improvements:
(a) Reduced risk of transportation facility failure and
improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time; and
(i) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district
may include area within more than one county, city, port
district, county transportation authority, or public
transportation benefit area, if the legislative authority of each
participating jurisdiction has agreed to the inclusion as
provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. However, the boundaries of the district need not
include all territory within the boundaries of the participating
jurisdictions comprising the district.
(3) The members of the legislative authority proposing to
establish the district, acting ex officio and independently,
shall constitute the governing body of the district: PROVIDED,
That where a district includes area within more than one
jurisdiction under subsection (2) of this section, the district
shall be governed under an interlocal agreement adopted pursuant
to chapter 39.34 RCW. However, the governing body shall be
composed of at least five members including at least one elected
official from the legislative authority of each participating
jurisdiction.
(4) The treasurer of the jurisdiction proposing to establish
the district shall act as the ex officio treasurer of the
district, unless an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered
voters residing within the district.
(6) Prior to December 1, 2007, the authority under this
section, regarding the establishment of or the participation in a
district, shall not apply to:
(a) Counties with a population greater than one million five
hundred thousand persons and any adjoining counties with a
population greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of
this subsection; and
(c) Other jurisdictions with any area within the counties
under (a) of this subsection.
[2006 c 311 § 25; 2005 c 336 § 3; 1989 c 53 § 1; 1987 c 327 § 2.]
NOTES:
Findings -- 2006 c 311: See note following RCW 36.120.020.
Effective date -- 2005 c 336: See note following RCW 36.73.015.
Severability -- 1989 c 53: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1989 c 53 § 5.]
Transportation benefit district tax authority: RCW 82.47.020.