CERTIFICATION OF ENROLLMENT SUBSTITUTE SENATE BILL 5165 67th Legislature 2021 Regular Session Passed by the Senate April 24, 2021 CERTIFICATE Yeas 41 Nays 8 I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE President of the Senate BILL 5165 as passed by the Senate and the House of Representatives on the dates hereon set forth. Passed by the House April 24, 2021 Yeas 90 Nays 6 Secretary Speaker of the House of Representatives Approved FILED Secretary of State State of Washington Governor of the State of Washington SUBSTITUTE SENATE BILL 5165 AS RECOMMENDED BY THE CONFERENCE COMMITTEE Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By Senate Transportation (originally sponsored by Senators Hobbs, King, Nobles, Saldaña, and Wilson, C.; by request of Office of Financial Management) READ FIRST TIME 03/26/21. 1 AN ACT Relating to transportation funding and appropriations; 2 amending RCW 43.19.642, 46.20.745, 82.21.030, 46.68.060, 47.12.370, 3 46.68.325, 47.56.876, 46.68.370, 46.68.300, 47.60.322, 46.68.290, 4 46.68.063, 47.60.530, 47.60.315, 34.05.350, 46.09.540, and 47.66.120; 5 amending 2019 c 416 ss 101, 106, and 302 (uncodified), and 2020 c 219 6 ss 101, 102, 104, 105, 201, 202, 203, 204, 205, 206, 207, 208, 209, 7 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 8 301, 302, 304, 305, 306, 307, 308, 309, 310, 401, 402, 403, 404, 405, 9 406, 407, and 408 (uncodified); amending 2019 c 396 ss 2 and 3 10 (uncodified); adding a new section to 2019 c 416 (uncodified); 11 creating new sections; making appropriations and authorizing 12 expenditures for capital improvements; providing expiration dates; and declaring an emergency.13 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 15 2021-2023 FISCAL BIENNIUM 16 NEW SECTION. Sec. 1. (1) The transportation budget of the state 17 is hereby adopted and, subject to the provisions set forth, the 18 several amounts specified, or as much thereof as may be necessary to 19 accomplish the purposes designated, are hereby appropriated from the 20 several accounts and funds named to the designated state agencies and p. 1 SSB 5165.PL 1 offices for employee compensation and other expenses, for capital 2 projects, and for other specified purposes, including the payment of 3 any final judgments arising out of such activities, for the period 4 ending June 30, 2023. 5 (2) Unless the context clearly requires otherwise, the 6 definitions in this subsection apply throughout this act. 7 (a) "Fiscal year 2022" or "FY 2022" means the fiscal year ending 8 June 30, 2022. 9 (b) "Fiscal year 2023" or "FY 2023" means the fiscal year ending 10 June 30, 2023. 11(c) "FTE" means full-time equivalent. 12 (d) "Lapse" or "revert" means the amount shall return to an 13 unappropriated status. 14 (e) "Provided solely" means the specified amount may be spent 15 only for the specified purpose. Unless otherwise specifically 16 authorized in this act, any portion of an amount provided solely for 17 a specified purpose that is not expended subject to the specified 18 conditions and limitations to fulfill the specified purpose shall 19 lapse. 20 (f) "Reappropriation" means appropriation and, unless the context 21 clearly provides otherwise, is subject to the relevant conditions and 22 limitations applicable to appropriations. 23 (g) "LEAP" means the legislative evaluation and accountability 24 program committee. 25 GENERAL GOVERNMENT AGENCIES—OPERATING 26 NEW SECTION. Sec. 101. FOR THE DEPARTMENT OF ARCHAEOLOGY AND 27 HISTORIC PRESERVATION 28 Motor Vehicle Account—State Appropriation . $546,000 29 NEW SECTION. Sec. 102. FOR THE UTILITIES AND TRANSPORTATION 30 COMMISSION 31 Grade Crossing Protective Account—State Appropriation . $504,000 32 Pilotage Account—State Appropriation. $150,000 33 Multimodal Transportation Account—State Appropriation. $225,000 34 TOTAL APPROPRIATION. $879,000 35 The appropriations in this section are subject to the following 36 conditions and limitations: p. 2 SSB 5165.PL 1 (1) $225,000 of the multimodal transportation account—state 2 appropriation is provided solely for the commission to prepare an 3 inventory of rail safety oversight conducted by state agencies in 4 other states identified for review by program area as compared to the 5 role of state agencies in Washington due September 1, 2022. This 6 inventory must include a comparison of the oversight conducted by 7 state agencies in California and New York, as well as other state 8 agencies selected by the commission that play a broader role in rail 9 safety oversight than state agencies in Washington. In developing its 10 inventory, the commission shall include consideration of the 11 relationship of state efforts to federal law. The inventory must 12 include information related to safety oversight, coordination, 13 communication, and enforcement of state and federal laws and 14 regulations relating to transportation of persons or commodities, or 15 both, of any nature or description by rail. 16 (2) The commission must host one workshop with interested 17 parties. The purpose of the workshop is to ensure consideration of 18 relevant information in development of an inventory of current 19 efforts in rail safety oversight by other states that can inform the 20 legislature's intended expansion of the role of the commission in 21 rail safety in the state of Washington. The purpose of the workshop 22 is not to foreclose consideration of a specific legislative approach. 23 Interested legislators and legislative staff and staff of the 24 governor's office may participate in the workshop or workshops. 25 Participation in the workshop must include, but is not limited to, 26 representatives of: 27(a) Host and tenant railroads; 28(b) Rail labor organizations; 29 (c) The state safety oversight agency for rail fixed guideway 30 public transportation systems; 31 (d) Operators of, and entities providing financial support for, 32 intercity passenger rail and rail fixed guideway systems; 33(e) Local jurisdictions; 34(f) Rail advocacy organizations; 35(g) State emergency management organizations; 36(h) The department of ecology; 37(i) The department of labor and industries; 38(j) The national transportation safety board; 39(k) The federal railroad administration; and 40 (l) The pipeline and hazardous materials safety administration. p. 3 SSB 5165.PL 1 (3) The commission shall review, at a minimum, the report of the 2 national transportation safety board report on the 2017 Amtrak 3 derailment, the joint transportation committee's 2020 rail safety 4 governance study, Engrossed Substitute House Bill No. 1418 (2021), as 5 passed by the house on March 7, 2021, relevant federal laws and 6 rules, and state rail safety plans. 7 (4) The commission's inventory must include, but is not limited 8 to: 9 (a) An analysis of expanding the commission's role to match the 10 role of other state agencies examined, including as it relates to 11 oversight of implementation of new and materially changed railroad 12 operations and infrastructure; operator safety management practices; 13 the safety of transportation of crude oil by rail and enforcement of 14 chapter 90.56 RCW; the safety and oversight of rail fixed guideway 15 systems as defined in RCW 81.104.015; annual reporting practices; and 16 rail safety communication and collaboration efforts, including 17 through the use of a rail safety committee; 18 (b) A review of federal preemption issues and analysis of state 19 rail safety authority in the context of the current rail safety 20 oversight role of other states, as examined in this section; 21(c) A review of workshop discussions; 22 (d) Estimated costs associated with implementation in Washington 23 state of the safety program elements included in the inventory 24 required in this section, itemized by program area and level of 25 oversight performed, including estimated costs of options to improve 26 the safety of transportation of crude oil by rail and enforcement of 27chapter 90.56 RCW ; 28 (e) A review of revenue sources that support rail safety 29 oversight activities in other states included in the inventory, 30 including federal revenue sources. For each source, the review must 31 also include: 32 (i) Estimates of revenue generated if imposed in Washington; 33 (ii) Estimates of how much would be paid by different types of 34 entities; and 35 (f) A review of the level of liability protection afforded 36 agencies that perform rail safety oversight under state law in the 37 states examined in the inventory conducted. 38 NEW SECTION. Sec. 103. FOR THE OFFICE OF FINANCIAL MANAGEMENT 39 Motor Vehicle Account—State Appropriation . $1,441,0000 p. 4 SSB 5165.PL 1 Puget Sound Ferry Operations Account—State Appropriation . $126,000 2 Multimodal Transportation Account—State Appropriation. $250,000 3 TOTAL APPROPRIATION. $1,817,000 4 The appropriations in this section are subject to the following 5 conditions and limitations: 6 $250,000 of the multimodal transportation account—state 7 appropriation is provided solely for the office of financial 8 management, in collaboration with the Washington department of 9 transportation and the office of the chief information officer, to 10 conduct an evaluation of short term and long term facility and 11 information technology needs. In conducting the evaluation, the 12 office of financial management may contract with an entity with 13 direct expertise in this area. The office of financial management 14 must submit a final report of their evaluation by October 1, 2022.