Fiscal Note Package 58909

Multiple Agency Fiscal Note Summary

Bill Number: 6321 SB Title: NTSB recommend. compliance Estimated Cash Receipts NONE

Local Gov. Courts Loc School dist-SPI Local Gov. Other No fiscal impact

Local Gov. Total Estimated Operating Expenditures

Agency Name 2019-21 2021-23 2023-25 FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total Utilities and .9 0 443,936 .0 0 0 .0 0 0 Transportation Commission Department of Non-zero but indeterminate cost and/or savings. Please see discussion. Transportation

Total $ 0.9 0 443,936 0.0 0 0 0.0 0 0

Local Gov. Courts Loc School dist-SPI Local Gov. Other No fiscal impact

Local Gov. Total Estimated Capital Budget Expenditures

Agency Name 2019-21 2021-23 2023-25 FTEs Bonds Total FTEs Bonds Total FTEs Bonds Total Utilities and .0 0 0 .0 0 0 .0 0 0 Transportation Commission Department of .0 0 0 .0 0 0 .0 0 0 Transportation

Total $ 0.0 0 0 0.0 0 0 0.0 0 0

Estimated Capital Budget Breakout

Prepared by: Jenna Forty, OFM Phone: Date Published: (360) 902-0419 Final 1/27/2020

FNPID: 58909 FNS029 Multi Agency rollup Individual State Agency Fiscal Note

Bill Number: 6321 SB Title: NTSB recommend. compliance Agency: 215-Utilities and Transportation Commission

Part I: Estimates No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from: FY 2020 FY 2021 2019-21 2021-23 2023-25 FTE Staff Years 1.2 0.6 0.9 0.0 0.0 Account Public Service Revolving 345,730 98,206 443,936 0 0 Account-State 111-1 Total $ 345,730 98,206 443,936 0 0

Estimated Capital Budget Impact:

NONE

The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates, and alternate ranges (if appropriate), are explained in Part II.

Check applicable boxes and follow corresponding instructions: If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note X form Parts I-V. If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Daniel Masterson Phone: 360-786-7454 Date: 01/21/2020 Agency Preparation: Melissa Hamilton Phone: 360 664-1158 Date: 01/27/2020 Agency Approval: Jon Noski Phone: 360-664-1209 Date: 01/27/2020 OFM Review: Jenna Forty Phone: (360) 902-0419 Date: 01/27/2020

Form FN (Rev 1/00) 156,732.00 Request # 20-20-2 FNS063 Individual State Agency Fiscal Note 1 Bill # 6321 SB Part II: Narrative Explanation II. A - Brief Description Of What The Measure Does That Has Fiscal Impact Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or expenditure impact on the responding agency.

Section 1 - The legislation directs Utilities and Transportation Commission (UTC) to conduct a review of actions taken by Washington State Department of Transportation (WSDOT), AMTRAK, and Sound Transit towards compliance with the recommendations made by the National Transportation Safety Board (NTSB) after the Amtrak 501 derailment. UTC is also required to monitor the above-mentioned entities until the UTC has confirmation that the entities have complied with the recommendations made by the NTSB.

By December 1, 2020, the UTC would be required to report to the Governor and transportation committees the details and actions taken by the above-mentioned entities related to the NTSB recommendations respective to each entity.

Passenger rail service on the Point Defiance bypass rail corridor may not resume and no state funds shall be expended for the service until ten (10) days after the UTC provides the required report and submits confirmation to the Governor and transportation committees that the above-mentioned entities have complied with all applicable recommendations in the NTSB report. II. B - Cash receipts Impact Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

No Cash Receipt Impact II. C - Expenditures Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing functions. The financial impact to the UTC will be in the following areas:

• Hiring a Transportation Specialist 5 to be the point person at the UTC in the role of coordinating the review of the actions taken by the above-referenced entities to comply with the NTSB report recommendations. • The legislation directs the UTC to conduct a review of actions taken by WSDOT, AMTRAK, and Sound Transit towards compliance with the recommendations made by the NTSB after the Amtrak 501 derailment. UTC is also required to monitor the above-mentioned entities until the UTC has confirmation that the entities have complied with the recommendations made by the NTSB.

$130,632 FY 2020 (Transportation Planning Specialist 5: 0.21; Attorney General: 0.17; Director, Transportation Safety: 0.01; Policy Advisor: 0.01; Rail Safety Program Advisor: 0.04; Transportation Engineer 3: 0.08; Commissioner: 0.01; Administrative Law Judge: 0.01)

• UTC will require additional staff to ensure it can meet the requirements of the legislation and produce a report within the required deadline. (activity 2) • Hiring a consultant to provide guidance and add the necessary expertise to properly analyze the NTSB recommendations and ensure that compliance is sufficient for the agency to report on. (activity 2 and 3)

NTSB recommend. compliance 215-Utilities and Transportation Commission Form FN (Rev 1/00) 156,732.00 Request # 20-20-2 FNS063 Individual State Agency Fiscal Note 2 Bill # 6321 SB $215,098 FY 2020 (Transportation Planning Specialist 5: 0.29; Director, Transportation Safety: 0.06; Policy Advisor: 0.10; Rail Safety Program Advisor: 0.14; Director, Consumer Protection: 0.02; Commissioner: 0.03; Administrative Law Judge: 0.01)

$98,206 FY 2021 (Transportation Planning Specialist 5: 0.24; Director, Transportation Safety: 0.04; Policy Advisor: 0.05; Rail Safety Program Advisor: 0.1; Commissioner: 0.02; Executive Director: 0.03; Transportation Engineer 3: 0.12)

The audit and review of actions taken by the above-referenced agencies toward complying with the NTSB recommendations will likely include work that will take longer than 12 months. This is due in part to the lack of authority the UTC possesses to require the entities to produce records, the lack of UTC authority outside of the state of Washington, and the ambiguity of what an acceptable level of compliance may entail.

The legal review by UTC and the AG's office is essential to ensure that the UTC conducts the review of the above-mentioned entities in a manner that is consistent with state and federal laws and meets the requirements of the NTSB recommendations.

A rulemaking is not specified in the legislation but there may need to be an informal proceeding or workshop conducted to ensure that all parties have the opportunity to comment on perceived errors in the report and to ensure that all comments, decisions, and information collected or produced under the legislation are available to parties that wish to review. Part III: Expenditure Detail III. A - Operating Budget Expenditures Account Account Title Type FY 2020 FY 2021 2019-21 2021-23 2023-25 111-1 Public Service State 345,730 98,206 443,936 0 0 Revolving Account Total $ 345,730 98,206 443,936 0 0

III. B - Expenditures by Object Or Purpose FY 2020 FY 2021 2019-21 2021-23 2023-25 FTE Staff Years 1.2 0.6 0.9 A-Salaries and Wages 116,661 59,271 175,932 B-Employee Benefits 40,832 20,745 61,577 C-Professional Service Contracts 105,000 105,000 E-Goods and Other Services 83,237 18,190 101,427 G-Travel J-Capital Outlays M-Inter Agency/Fund Transfers N-Grants, Benefits & Client Services P-Debt Service S-Interagency Reimbursements T-Intra-Agency Reimbursements 9- Total $ 345,730 98,206 443,936 0 0

NTSB recommend. compliance 215-Utilities and Transportation Commission Form FN (Rev 1/00) 156,732.00 Request # 20-20-2 FNS063 Individual State Agency Fiscal Note 3 Bill # 6321 SB III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in Part I and Part IIIA Job Classification Salary FY 2020 FY 2021 2019-21 2021-23 2023-25 Administrative Law Judge 108,228 0.0 0.0 Commissioner 153,504 0.0 0.0 0.0 Director, Consumer Protection & 105,108 0.0 0.0 Communications Director, Transportation Safety 106,992 0.1 0.0 0.1 Executive Director 135,096 0.0 0.0 0.0 Policy Advisor 112,560 0.1 0.1 0.1 Rail Safety Program Advisor 86,460 0.2 0.1 0.1 Transportation Engineer 3 88,646 0.2 0.1 0.2 Transportation Planning Specialist 5 100,314 0.5 0.2 0.4 Total FTEs 1.2 0.6 0.9 0.0

III. D - Expenditures By Program (optional) NONE Part IV: Capital Budget Impact IV. A - Capital Budget Expenditures NONE

IV. B - Expenditures by Object Or Purpose NONE

IV. C - Capital Budget Breakout Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods NONE

No Capital Budget Impact

Part V: New Rule Making Required

NTSB recommend. compliance 215-Utilities and Transportation Commission Form FN (Rev 1/00) 156,732.00 Request # 20-20-2 FNS063 Individual State Agency Fiscal Note 4 Bill # 6321 SB Individual State Agency Fiscal Note

Bill Number: 6321 SB Title: NTSB recommend. compliance Agency: 405-Department of Transportation

Part I: Estimates No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from: Non-zero but indeterminate cost and/or savings. Please see discussion.

Estimated Capital Budget Impact:

NONE

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Daniel Masterson Phone: 360-786-7454 Date: 01/21/2020 Agency Preparation: Brent Thompson Phone: 360-705-7927 Date: 01/24/2020 Agency Approval: Ron Pate Phone: 360-705-6903 Date: 01/24/2020 OFM Review: Jenna Forty Phone: (360) 902-0419 Date: 01/24/2020

Form FN (Rev 1/00) 156,565.00 Request # 20-025-1 FNS063 Individual State Agency Fiscal Note 1 Bill # 6321 SB Part II: Narrative Explanation II. A - Brief Description Of What The Measure Does That Has Fiscal Impact Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or expenditure impact on the responding agency.

See attached II. B - Cash receipts Impact Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

II. C - Expenditures Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing functions. Part III: Expenditure Detail

III. A - Operating Budget Expenditures Non-zero but indeterminate cost and/or savings. Please see discussion. III. B - Expenditures by Object Or Purpose Non-zero but indeterminate cost and/or savings. Please see discussion.

III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in Part I and Part IIIA NONE

III. D - Expenditures By Program (optional) NONE Part IV: Capital Budget Impact IV. A - Capital Budget Expenditures NONE

IV. B - Expenditures by Object Or Purpose NONE

IV. C - Capital Budget Breakout Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods NONE Part V: New Rule Making Required

NTSB recommend. compliance 405-Department of Transportation Form FN (Rev 1/00) 156,565.00 Request # 20-025-1 FNS063 Individual State Agency Fiscal Note 2 Bill # 6321 SB Individual State Agency Fiscal Note

Agency: 405-Department of Bill Number: SB 6321 Title: NTSB Recommend Compliance Transportation

Part I: Estimates Check applicable boxes and follow corresponding instructions, use the fiscal template table provided to show fiscal impact by account, object, and program (if necessary), add rows if needed. If no fiscal impact, check the box below, skip fiscal template table, and go to Part II to explain briefly, why the program believes there will be no fiscal impact to the department.

No Fiscal Impact (Explain in section II. A) If a fiscal note is assigned to our agency, someone believes there might be, and we need to address that, showing why there is no impact to the department. Indeterminate Cash Receipts Impact (Explain in section II. B) Indeterminate Expenditure Impact (Explain in section II. C)

If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, provide an explanation in Section I and II. A If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note form Parts I-V Capital budget impact, complete Part IV Requires new rule making, complete Part V Revised

To add Estimated Cash Receipts, Expenditures, Expenditures by Object, Expenditures by Program (optional, only required if multi-program split), FTE Expenditures, and if needed Capital Budget Impact (Non-Transportation), click on the Excel fiscal template below. The cash receipts and expenditure estimates on this fiscal template represent the most likely fiscal impact. Factors impacting the precision of these estimates, and alternate ranges (if appropriate), are explained in Part II.

Agency Assumptions

Agency Contacts: Preparer: Brent Thompson Phone: 360-705-7927 Date: 1/24/2020 Approval: Brent Thompson for Ron Pate Phone: 360-705-7927 Date: 1/24/2020 Budget Manager: Jonathan Neville Phone: 360-705-7542 Date: 1/24/2020 Economic Analysis: n/a Phone: Date:

Individual State Agency Fiscal Note 405-Department of Transportation Individual State Agency Fiscal Note

Part II: Narrative Explanation

II. A - Brief description of what the measure does that has fiscal impact Briefly describe by section number (sections that will change WSDOT costs or revenue), the significant provisions of the bill, and any related workload or policy assumptions that have revenue or expenditure impact on the responding agency. List the sections that have fiscal impact to WSDOT only. E.g., “Section 3 directs the Department to …” No summarizing, no interpreting, and save any background context for the revenue and expenditure parts.

Section 1(1) – The Utilities and Transportation Commission (UTC) shall conduct a review of the actions taken by the Washington Department of Transportation (WSDOT), Amtrak, and Sound Transit to comply with the recommendations provided in the National Transportation Safety Board (NTSB) report of May 21, 2019 (report on the Amtrak derailment of December 2017). The UTC shall monitor the actions taken to comply with the recommendations.

Section 1(2) – By December 1, 2020, the UTC shall provide a report with details of the actions taken by WSDOT, Amtrak, and Sound Transit in complying with the NTSB recommendations. The report shall be provided to the governor and the transportation committees of the Legislature.

Section 1(3) – Passenger rail service may not resume on the Point Defiance Bypass, and state funds may not be used for such service, until ten days after the UTC has released their report and confirmed to the governor and transportation committees of the legislature that there is compliance with the NTSB recommendations.

There is no cost to WSDOT to support the UTC review in this bill. However, there are uncertainties regarding the timing of the restart of the passenger rail service and how this interacts with the state’s obligations under the federal American Recovery and Reinvestment Act (ARRA) that make the fiscal impact indeterminate. See more detail below in II.C.

II. B - Cash receipts Impact Contact BFA-Economics to share your assumptions, and calculations. BFA-Economics will review and confirm cash receipts assumptions and calculations with program SMEs and will provide the cash receipts narrative to ensure that the message is consistent and the narrative flows as one voice, of the department. BFA-Economics will briefly describe section by section and quantify the cash receipts impact of the legislation on WSDOT, identifying the cash receipts provisions by section number and when appropriate the detail of the revenue sources.

N/A

The department will not have increased workload or fiscal impact from the UTC review itself. The department has already done significant work in preparation for the NTSB report, and since, and expects to be able to share that information with UTC. The review in this bill is limited in scope to the NTSB recommendations.

The fiscal impact is indeterminate due to due the risk of to having to repay funds to the federal government resulting from delays in restarting the service.

The Amtrak Cascades Intercity Passenger Rail service was upgraded using federal ARRA funds. By accepting those funds, WSDOT has a twenty-year commitment to maintain Amtrak Cascades Intercity Passenger Rail service, which was scheduled to begin in December 2017. The derailment of Amtrak train 501 suspended service until the NTSB and other investigative work was completed. So far, the Federal Railroad Administration (FRA) has been lenient about payback, given the lead time to acquire replacement equipment and restart the service. As of January 22, 2020, it is anticipated that the railroad and operator will be prepared to restart the service between July and October of 2020. If this service is suspended until mid-December 2020 (this time due to Washington State intervention), the state would likely be asked to

Individual State Agency Fiscal Note 405-Department of Transportation Individual State Agency Fiscal Note begin paying back $650 million in federal funding. The department would attempt to work with the FRA to avoid repayment in this instance, but the outcome is not certain.

Part III: Expenditure Detail

III. A - Expenditures by Object or Purpose

See section II C

Part IV: Capital Budget Impact

N/A

Part V: New Rule Making Required Identify provisions of the measure that require the agency to adopt new administrative rules or repeal/revise existing rules.

None

Individual State Agency Fiscal Note 405-Department of Transportation LOCAL GOVERNMENT FISCAL NOTE Department of Commerce

Bill Number: 6321 SB Title: NTSB recommend. compliance

Part I: Jurisdiction-Location, type or status of political subdivision defines range of fiscal impacts. Legislation Impacts: Cities: Counties: Special Districts:

Specific jurisdictions only: Variance occurs due to: Part II: Estimates

X No fiscal impacts.

Expenditures represent one-time costs:

Legislation provides local option:

Key variables cannot be estimated with certainty at this time:

Estimated revenue impacts to: None

Estimated expenditure impacts to: None

Part III: Preparation and Approval

Fiscal Note Analyst: Tammi Vellinga Phone: 360-725-5038 Date: 01/23/2020 Leg. Committee Contact: Daniel Masterson Phone: 360-786-7454 Date: 01/21/2020 Agency Approval: Alice Zillah Phone: 360-725-5035 Date: 01/23/2020 OFM Review: Jenna Forty Phone: (360) 902-0419 Date: 01/23/2020 Page 1 of 2 Bill Number: 6321 SB FNS060 Local Government Fiscal Note Part IV: Analysis A. SUMMARY OF BILL Provide a clear, succinct description of the bill with an emphasis on how it impacts local government. Background On December 18, 2017, southbound Amtrak passenger train 501 derailed from a bridge near Dupont, Washington. Several passenger railcars fell onto the highway and hit multiple vehicles. This accident killed three passengers, injured 57 passengers/crew, and 8 individuals on the highway were injured. The estimated damage caused from this accident is more than $25.8 million. Following the December 18, 2017, derailment in DuPont, passenger rail service on the Point Defiance Bypass Rail Corridor suspended pending : • Positive Train Control being activated in the corridor • A complete investigation by the National Transportation Safety Board (NTSB)

The Point Defiance Bypass now has all its PTC trackside equipment installed, tested, and is ready for operation.

The NTSB completed its investigation and released their report on May 21, 2019 with many recommendations. These recommendations have further suspended passenger service on this bypass.

Bill Summary This bill requires the Utilities and Transportation Commission (UTC) to conduct a review of the actions taken by the Department of Transportation, Amtrak, and Sound Transit Authority since the accident. The UTC shall monitor the actions of those three entities until confirmation of compliance with the NTSB recommendations in the May 21, 2019 report. The UTC shall provide a detailed report back to the legislature by December 1, 2020. Passenger rail service cannot resume on the Point Defiance Bypass Rail Corridor and no state funds can be used for that service until 10 days after the UTC submits that report and confirmation of compliance with the NTSB recommendations. B. SUMMARY OF EXPENDITURE IMPACTS Briefly describe and quantify the expenditure impacts of the legislation on local governments , identifying the expenditure provisions by section number, and when appropriate, the detail of expenditures. Delineate between city, county and special district impacts.

This bill would not impact local government expenditures. C. SUMMARY OF REVENUE IMPACTS Briefly describe and quantify the revenue impacts of the legislation on local governments , identifying the revenue provisions by section number, and when appropriate, the detail of revenue sources. Delineate between city, county and special district impacts.

This bill would not impact local government revenues.

Sources:

National Transportation Safety Board Amtrak Passenger Train 501 Derailment Accident Report Municipal Research and Services Center (MRSC) Sound Transit Authority Washington State Department of Transportation website Washington Utilities and Transportation Commission

Page 2 of 2 Bill Number: 6321 SB FNS060 Local Government Fiscal Note