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HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Agenda - 06/19/2001 ICE.N T W A S H I NGTON COUNCIL WORKSHOP CITY O1N rr Leona Orr June 19, 2001 Council President 220 Fourth Ave. S. Kent,WA 98032-5895 The Council Workshop will be held in Chambers East in Kent City Hall at 5:00 PM Phone: 253-856-5712 on Tuesday, June 19, 2001. Fax:253-856-6712 Council Members: President Leona Orr, Sandy Amodt, Tom Brotherton, Tim Clark, Connie Epperly, Judy Woods, Rico Yingling Speaker Time .. 1. Legislative Update Dena Laurent 15 min. 2. Strategic Plan Review Dena Laurent 15 min. 3. City of Kent's Response to ESA Bill Wolinski 30 min. The Council Workshop meets each month on the first and third Tuesdays at 5:OOPM in Chambers East unless otherwise noted. For agenda information please call Jackie Bicknell at (253) 856-5712. ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY CLERK'S OFFICE AT (253) 856-5725 IN ADVANCE. FOR TDD RELAY SERVICE, CALL THE WASHINGTON TELECOMMUNICATIONS RELAY SERVICE AT 1-800-833-6388. City of Kent MEMORANDUM DATE: June 12,2001 TO: Kent City Councilmembers FROM: Dena Laurent and Doug Levy SUBJECT: 2001 Legislative Interim Workplan and 2001 Legislative Session Wrap Up We will be highlighting the information in this memo at your June 19 Workshop.The presentation will be an excellent backdrop for the Council meeting where we will be thanking Kent's legislators for their efforts on our behalf First,below is a list of issues on which Doug and I will during interim,between now and December 2001. Secondly,I have attached Doug's summary of bills passed during the 2001 Session that have an impact on Kent.During the coming weeks,we will be evaluating these measures and taking implementation steps for those requiring action. Please let me know if you have any questions or concerns(856-5708). 2001 Legislative Interim Workman ✓ Transportation Tracking regional or state ballot initiatives and supporting Kent involvement as appropriate.Also work our federal application for funds to extend Second Avenue. ✓ Drug Forfeitures Track actions of a legislative task force and potential citizen initiative. ✓ Task Force on Parks M&O-HB 1836 `.• Track actions of a legislative task force and support Kent involvement as appropriate. ✓ Local Government Financing Task Force of Legislature This task for has until 2002 to complete its work. We will track any actions and support Kent involvement as appropriate. ✓ Master Business License Project We have initiated an effort with the State Department of Licensing to implement joint business licensing.This approach was legislatively allowed for two pilot projects in Bellevue and Richland with significant success.We are pursuing development of the required programming and the legislative fix we'll need to move the project as Executive request legislation. ✓ Electronic Public Records Issue A private website is listing personal,yet public information of public officials. We are carefully tracking this issue which may require a legislative strategy. ✓ Open Power Purchasing. Track evolution of this issue for its potential financial implications for the City and its businesses ✓ Water Issues Track activities related to water rights,environmental permit streamlining,shorelines and utilities. ✓ Undergrounding Power Infrastructure Track this issue and potential explore legislative strategies ✓ Track Studies manufactured home/mobile home alteration inspections urban transit services regional law enforcement services possible infrastructure financing placement of sex predators,sex offenders COMPREHENSIVE LISTING OF BILLS PASSED INTO LAW DURING 2001 SESSION OF LEGISLATURE THAT NEED CITY ATTENTION,ACTION, IMPACT US OR OF INTEREST 6/4/01. Please note that the Legislature will enter its 2nd special session today. Still outstanding are several key items that could well be added to this list depending on outcome: *SSB 6166—Sets up a risk pool for long-term and extraordinary medical care costs for LEOFF 1 active and retirees. Possibility that$60-120 million will be put into fund to help offset costs for cities and counties. *HB 2236/SB 6167: 2001-03 biennial only rate reduction for PERS/LEOFF 2. *SSB 5937—Allowing PERS retirees to work up to 1500 hours per year and not have pensions altered or suspended. *State and regional transportation packages. *Operating and capital budgets. With those caveats, following is a listing of bills together with a quick note as to impact and why we care,what departments likely to be most interested and affected. Pipeline Safety legislation—ESSB 5182. Why do we care: Sets up program for much improved inspection and monitoring. Departments most impacted: Fire,planning,legal: Allows Washington to establish a state- based pipeline safety inspection and monitoring program. Fees on interstate and intrastate pipeline operators will finance the program. Fire,planning,engineering building and public works staff should have a copy of the public law and know that the inspection and monitoring program entails Increased Fines—ESSB 5309. Why do we care: Could produce increased revenue for Municipal Courts. Departments most impacted: Courts,legal,police,budget/finance: Specifies that penalties for traffic infractions will increase by$10 and penalties for traffic misdemeanors will increase by$50. Some of the additional money goes to state public safety accounts,drug courts,etc. For cities and counties,the additional funds from the increased penalties on these infractions and misdemeanors equates to about$9 million. We were supporters of ESSB 5309 throughout session. Municipal Court,Police,and Legal staff should have a copy of the public law version of this bill and know what's in it. Budget/Finance folks should work to calculate what it may mean in terms of late 2001 and 2002 revenue. Drug Seizure Legislation—ESHB 1995. Why do we care: Procedure on burden of proof must be met—and see attorney's fees provisions. Most impacted Departments: Police,legal: Focuses primarily on establishment of a legislative task force to study the drug seizure issue. It states that in any drug seizure proceeding the burden of proof is upon the law enforcement agency to establish its case,"by a preponderance of the evidence,"that property was subject to seizure. Further,a provision of EHSB 1995 states that a claimant against the law-enforcement agency is entitled to attorneys' fees when the legal claimant"substantially prevails." Finally, it stipulates that 10 percent of drug seizure proceeds are to be deposited in the state treasury to be used in the Violence Reduction and Drug Enforcement Education(VRDEE)account. Police and Legal Departments(Prosecutors in particular)should be familiar with the provisions in this legislation Additionally,we need to keep a very close eve on a legislative task force that was in the bill and was vetoed with the Governor—with the Governor's expectation that a task force will be established informally. Final Note: Opponents of drug forfeitures have started an initiative to the ballot 120-day land-use permit processing bill—ESHB 1458. Why do we care: Reinstatement of 120-day process— albeit with caveats and conditions; also provision to submit two annual reports. Departments most impacted: Planning,Public Works,Transportation/Engineering: On Tuesday,by an 88-5 vote,the House concurred with Senate amendments to this legislation and sent it to the Governor for signature into law. As previously noted in `. weekly reports,ESHB 1458 reinstitutes the 120-day deadline for processing land-use and development permits under GMA. The 120-day deadline had been instituted in 1995 and sunsetted in 2000. The legislation gives cities and counties"outs"to extend the process beyond 120 days. Another feature of the adopted bill is its stipulation that cities and counties file two annual performance reports as to how the 120-day process is working. Planning, engineering,and Public works folks need to be familiar with the Provisions of this public law. ESSB 5060—"Design-build"—Why do we care: New authority for cities 70,000 and over to use DB-GC/CM. Departments impacted: Public works,legal: Extends the current program for use of alternative public works procedures known as"design-build"and general contractor/construction management(GC/CM)under RCW 39.10. Also broadens eligibility to include all cities over 70,000. Legal Departments.Public Works folks need to understand the rules of how DB-GC/CM can be utilized Street vacation bill—HB 1750. Why do we care: Additional compensation for street vacation. Departments most impacted include Public Works,Facilities,Budget/Finance: Allows cities to obtain full appraised value for vacated street properties,providing they have been part of a public right-of-way 25 years or more(nearly all are). An amendment to HB 1750 stipulates that at least'h of the funds received from a street vacation must go into either maintenance of open space or transportation capital projects. The City supported HB 1750 throughout session. Facilities and Real Provertv folks need to be familiar with provisions of HB 1750. Rest of online link-- /House/1750-1774/1750_p1_04182001.txt ESHB 1418a—property-tax-based tax increment financing. Why do we care: Potential new economic development financing tool on projects where city and county are of same mind. Departments most impacted: Economic development directors/managers,legal,budget/finance: Authorizes property-tax-based tax increment financing—if the jurisdiction or jurisdictions wanting to capture any new`increments' of property tax gets written agreement from property taxing districts"in the aggregate,that levy at least seventy-five percent of the regular property tax within which the increment area is located." Further,any fire district within the proposed TIF area would have to approve having its property tax increment utilized for an economic development project.A Legal review of this public law,determinations as%to how and whether it might be useful is critical. OTHER BILLS SB 5017—Sales of Precursor Drugs to Methamphetamine. Why do we care—affects regulation and laws. Departments impacted include police and legal: This legislation was chiefly promoted by the City of Tacoma, the only City in the state with a local ordinance related to regulating the sale of precursor drugs. This bill takes effect this summer. Police Departments should be aware of the legislation and the gross misdemeanor penalties within it. In 5017,the reporting requirement for sales of precursor drugs is clarified to include wholesalers,and to include sales whether or not the buyer is within the state. Sellers of precursor drugs are required to demand identification from buyers. It is clarified that all purchasers of precursors from out of state sources must report transactions to Board of Pharmacy.Manufacturers and wholesalers are required to report suspicious transactions in precursor drugs to the Board of Pharmacy. Manufacturers and wholesalers must maintain records of precursor drug sales,and make them available for Board of Pharmacy inspection for two years. Penalties: It is a gross misdemeanor to sell at retail more than three packages of products containing ephedrine, pseudoephedrine,or phenylpropanolamine,or a single package containing more than three grams in a single transaction. It is a gross misdemeanor to purchase more than three packages of products containing ephedrine, pseudoephedrine,or phenylpropanolamine,or a single package containing more than three grams in a 24 hour period. This does not include prescription purchases or sales. It is a gross misdemeanor to possess more than 15 grams of ephedrine, pseudoephedrine,or phenylpropanolamine,except for pharmacists,practitioners,manufacturers,wholesalers, retailers,or shippers or unless the compounds are stored in a home or residence under circumstances consistent with legitimate uses. These restrictions also do not apply to pediatric formulas of these products,or to products determined by the board to have been formulated so as to effectively prevent their conversion to methamphetamine. SB 5063—Authority to use small works roster for limited public works. Why do we care—May be another tool for small public works projects. Departments most impacted include public works,legal. State agencies and local governments authorized to use the small works roster process may award contracts using a limited public works process for construction,building renovation,remodeling,altering,repairing,or improving real property. The limited public works process is a type of small works roster process,but only applies to contracts estimated to cost less than$35,000. Bids must be solicited from at least three contractors included on the appropriate small works roster. Quotations are available for public inspection after a contract is awarded. An attempt shall be made to distribute opportunities equitably among contractors willing to perform in the geographic area of the work.Agencies and local governments must maintain a list for the previous 24 months of contractors contracted and contracts awarded under this process. An agency or local government using the limited public works process may waive performance bond requirements and retainage requirements but has a right of recovery against the contractor for any payments it makes on behalf of the contractor. SB 5122—Changes definitions and conditions for violent sexual predators. Why do we care—May be important to police and prosecutors—most impacted Departments on this one. In determining whether a person would be more likely than not to commit acts of sexual violence if not confined to a secure facility,the court or jury can consider only those placement conditions and voluntary treatment options that would be in existence if the person was not committed. The defmition of"likely to engage in predatory acts of sexual violence if not confined in a secure facility"means that the person more probably than not will engage in such acts if released unconditionally from detention on the petition. The term "predatory"includes persons of casual acquaintance with whom no substantial personal relationship exists. The term"recent overt act" includes threats,and the determination of whether the act or threat creates a reasonable apprehension of harm is determined by an objective person who knows of the history and mental condition of the person engaging in the act. If the jury cannot reach a unanimous verdict on the petition,the court must declare a mistrial and set a new trial within 45 days unless the prosecutor moves to dismiss the petition. The person may not be released prior to retrial or dismissal of the case. At the probable cause hearing regarding the initial petition for civil commitment,witnesses for either party are permitted to testify by telephone. II. The annual examination of a committed person's mental condition is to be made by the Department of Social and Health Services(DSHS). It must include consideration of whether the committed person currently meets the definition of a sexually violent predator,and whether conditional release to an LRA is in the best interest of the person and conditions can be imposed that would adequately protect the community. The report must be prepared by a professionally qualified person,certified to be true under penalty of perjury,served on the prosecutor and the committed person,and filed with the court. At the probable cause hearing on the LRA/unconditional release issue,the prosecutor must present prima facie evidence that the person continues to meet the definition of a sexually violent predator and that an LRA is not in the best interest of the person and conditions cannot be imposed that adequately protect the community. The state may rely exclusively on the annual examination report to make this required showing.If a full hearing is then held,if the issue is whether the person should be unconditionally released,the burden of proof is on the state to prove beyond a reasonable doubt that the committed person's condition remains such that they continue to meet the definition of a sexually violent predator. Evidence of the prior commitment trial and disposition is admissible. If the issue at the full hearing is whether the person should be conditionally released to an LRA,the burden of proof is on the state to prove beyond a reasonable doubt that conditional release to any proposed LRA either is not in the best interest of the committed person or does not include conditions that would adequately protect the community. A person must be civilly committed before the court can consider conditional release to an LRA. The first time that the court considers whether an LRA is appropriate,the court must consider the question without regard to whether the person's condition has changed. Evidence of the prior commitment trial and disposition is admissible. 111. The DSHS must,in consultation with interested stakeholders,develop recommendations for improving procedures to notify victims when a sexually violent predator is released to an LRA. A person who is subject to a civil commitment petition cannot prevent his or her spouse from testifying,but the spouse cannot be compelled to testify. Also,any person agreeing to provide treatment,monitoring,or supervision of a committed person on an LRA may be compelled to testify and any privilege that might attach to such testimony is deemed waived. The act applies to all individuals currently committed or waiting commitment on,before,or after the effective date of the act. SB 5224-5—King Street Station. Why do we care—Could help overall rail/commuter rail programs. Departments most impacted—Public Works/Transportation/Transit/CTR. Allows for public/private partnership funding arrangements in the redevelopment of King Street Station. SB 5367--Amends the Community Mobilization Against Substance Abuse statutes.Why do we care— Anyone involved in countywide processes on alcohol-drug prevention. Departments most impacted include human services. The community mobilization grants are to be used to address alcohol,tobacco or other drug abuse, and violence,not just substance abuse.The grant program is moved to CTED. The statutes regarding the grant application process are reorganized. In the grant application,the identification of activities that address specific objectives in the strategy does not need to be submitted in priority order.Grants will be awarded to countywide programs through a formula developed by CTED and program contractors that considers county population size. Each contracting agent involved in the grant program must have a written agreement with the local community mobilization advisory board that specifies the duties and powers of the agent and the board. SB 5495—The Community Outdoor Athletic Fields Advisory Council—Parks Departments will be interested and most impacted—will now recommend how the IAC allocates funds from the Youth Athletic Facility Account. Their recommendation will include division of funds between maintenance,development,and improvement of athletic facilities. SB 5558-- Ignition Interlocks—Important to police and prosecutors: Courts are prohibited from suspending the requirement that a person drive only a vehicle equipped with an ignition interlock device when a driver is required by statute to have one. SB 5638—Delinquent county road district taxes levied before an annexation—"FYI" for planning, budget/finance folks. Original bill was much more county-tilted,cities amended bill:Delinquent county road district taxes that were levied before annexation by a code city are paid to the county road fund when they are collected.(Believe this already exists in law with charter cities...) SB 5970—Tolling Probation terms—Important to prosecutors:This legislation was strongly supported by Prosecuting Attorneys who were concerned that under recent case law,a two-year`tolling'period on probation could be abused if a defendant just`hid' or never appeared. Under this bill,district and municipal courts must toll the probation term of misdemeanor and gross misdemeanor defendants who fail to appear for any court hearing. The tolling continues until the defendant appears in court and makes his or her presence known to the court. The statute governing municipal court jurisdiction is also amended to conform to district court provisions allowing a court to modify or revoke a suspended or deferred sentence at any time before an order terminating probation is entered. HB 1001—Public Works Trust Fund loans—supplemental funding—Important to those on loan list! Provided$93.5 million in supplemental loan funds for projects. Approximately 27 projects received funds, including City of Kent toward its Pipeline 5 obligations($10 million)and City of Everett for a north-end sewer project($2.1 million). HB 1062—"Cert/De-Cert"Procedure—of interest to Police,Legal: As a condition of continuing employment as a police officer,all Washington police officers must timely obtain and retain certification as peace officers. The Criminal Justice Training Commission has the authority to issue or revoke all peace officer certifications.As a prerequisite to certification,a police officer must release to the CJTC all personnel files,termination papers, criminal investigation files,or any other files,papers,or information that the are directly related to the certification or decertification of the officer. The bill also has provisions for the CJTC to deny or revoke certification under a series of instances. It also sets forth procedures for any law enforcement officer of authorized representative of a law enforcement agency can seek revocation or denial of certification. Hearing and appeal processes are built into the bill as well. While this bill is primarily geared to smaller police departments,the Washington Association of Sheriffs and Police Chiefs advocated it and strongly supported it—pointing out that our state was one of only five without an official certification/de-certification process and that such a process can help"weed out"bad police officers and keep them from being fired by one agency and then naively hired by another. HB 1084—Salary Commission Bill—Of interest to Administration folks: This bill,chiefly promoted and worked on by the City of Vancouver,explicitly recognizes the authority of cities and counties to have citizen salary commissions to set the salaries of their elected officials(Vancouver's authority had been questioned by the State Auditor). The bill specifies a procedure for establishment of such a salary commission,or,in the case of charter cities and counties that already have such commissions,recognizes and incorporates that process. HB 1098—Commute Trip Reduction—of interest to anyone working CTR,transit issues—Amends state law to eliminate the pro-rata distribution of funds to the counties and enable Washington State Department of Transportation to distribute the funds directly to the organizations providing services to employers. HB 1174—Authorizing certain `vacations'of records of misdemeanor convictions. Why do we care: Need to know new rules on this—see below. Police,prosecutors most impacted: Once a person has completed all the terms of a misdemeanor sentence,he or she may petition a court for the vacation of the record of conviction. The court has discretion to grant or deny the petition,but may not grant the petition if- the applicant has any outstanding criminal charges; the misdemeanor conviction was for a violent offense,or attempted violent offense; the misdemeanor conviction was for drunk driving,or a related offense; the misdemeanor conviction was for pornography or sexual exploitation of children; the misdemeanor conviction was for a sex offense; less than three years have passed since completion of all terms of the sentence, including financial obligations; the applicant has been convicted of another offense since the conviction for which vacation is sought; the applicant has been the subject of a restraining,no-contact,or antiharassment order within the previous five years;or • the applicant has previously had any record of conviction vacated. Once a conviction has been vacated,it may not be used in sentencing for any subsequent offense. Upon the issuance of the vacation,the court is to notify law enforcement agencies to update criminal records accordingly. The record of a vacated conviction may not be disseminated by a law enforcement agency except to another agency. The person whose record has been vacated is released from all disabilities resulting from the conviction,and he or she may respond to employment or housing application questions that he or she has not been convicted of the crime. All costs of a vacation are to be paid by the applicant,unless he or she is indigent. Vacation of Domestic Violence Misdemeanors in Particular.An application for the vacation of the record of a conviction of a domestic violence misdemeanor will be denied if any of the following is present: the applicant has failed to notify the prosecuting attorney of the application; the applicant has previously had a domestic violence conviction vacated; the applicant has said under penalty of perjury that he or she has not previously been convicted of a domestic violence offense,and a criminal history check reveals that he or she has been so convicted;or • less than five years have passed since the applicant completed all terms of his or her sentence. HB 1212—Sealing of Juvenile records—of potential interest to courts,police,legal: A person's juvenile records for misdemeanors may be sealed if the person is at least 18 years old,and has spent two consecutive years after release from confinement,if any,or entry of the order of disposition in the community without committing any offense or crime that subsequently results in conviction or diversion.A person's juvenile records for gross misdemeanors may be sealed if the person is at least 18 years old and has spent three consecutive years after release from confinement,if any,or entry of the order of disposition,in the community without committing any offense or crime that subsequently results in conviction. HB 1243 and HB 1419—Use of evidence for`DWD'stops and posting of ignition interlock orders for DUI. Police/prosecutors should care,as should courts,and of course those are most impacted: These two bills were advocated and worked upon by the City of Kent. HB 1243 makes admissible into evidence a driver's refusal to take a blood record on a suspected"driving while drugged"stop—just as a driver's refusal to take a breathalyzer for DUI already can be admitted into evidence in court. HB 1419 stipulates that when a judge orders a driver to install an ignition interlock device under DUI laws,it will be posted on the computerized driving record(prior law called for it to be posted on the driver's license—not much of an incentive for the scofflaw to go to DOL and do so). HB 1384—Modifying provisions related to Executive Sessions on"potential litigation"matters—All City Attorneys need to be familiar with these provisions. A public body may not hold an executive session under the "potential litigation"exception simply because an attorney is present or is consulted on a matter. "Potential litigation"is defined to mean matters protected by the attorney client privilege concerning: Litigation that has been specifically threatened; Litigation that the public body reasonably believes may be commenced by or against the body;or Litigation or legal risks of a proposed action or current practice that the public body has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence. The legislation also stipulates that the Attorney General may provide information,technical assistance,and training on the provisions of the Open Public Meetings Act. HB 1385—Tax on delivery of linen and uniform supply services by out-of-state vendors. Why do we care: Fair playing field for our businesses—also potential positive revenue implications. Budget/finance likely most impacted: The retail sale of linen and uniform supply services is deemed to occur at the place of delivery to the customer. "Linen and uniform supply services"means the activity of providing customers with a supply of clean linen,towels,uniforms,gowns,protective apparel,clean room apparel,mats,rugs,and similar items,regardless of whether the linen business or its customer owns the item. The definition includes supply services operating their own cleaning establishments as well as those contracting with other laundry or dry cleaning businesses. HB 1546—Protection for victims of stalking—FYI to police,legal folks: Adds victims of stalking to the list of victims eligible for the address confidentiality program administered by the Secretary of State. HB 1643—Liability protection for volunteers of non-profits or government entities—an FYI and heads-up to Legal and all departments that utilize volunteers. A volunteer of a nonprofit organization or governmental entity is not personally liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if The volunteer was acting within the scope of his or her responsibilities at the time; The volunteer was properly licensed,certified,or authorized to engage in the activity; The harm was not caused by willful or criminal misconduct,gross negligence,recklessness,or a conscious, flagrant indifference to the rights or safety of others; • The harm was not caused by the volunteer operating a motor vehicle,vessel,aircraft,or other vehicle for which the state requires an operator's license or insurance;and • The nonprofit organization carries public liability insurance in specified amounts. This limitation on the personal liability of volunteers does not affect the nonprofit organization's or governmental entity's direct or vicarious liability for the harm caused by the volunteer,nor does it affect the ability of the organization or entity to bring a cause of action against the volunteer. "Volunteer"is defined as an individual performing services for a nonprofit or governmental entity who does not receive compensation,other than reasonable reimbursement for expenses actually incurred,or any other thing of value,over$500 per year. Includes a volunteer serving as a director,officer,trustee,or direct service volunteer. 11111678—Setting up procedure for revolving fund for advanced Right of Way Acquisition(Blue Ribbon Commission request bill)—Public Works/Transportation Folks should care and should familiarize themselves with provisions: The City and County Advance Right-of-Way Revolving Fund is created and establishes the Transportation Improvement Board(TIB)as the administrator of the fund. The TIB and the County Road Administration Board(CRAB),in consultation with the Association of Washington Cities and the Washington Association of Counties,will adopt rules and develop policies to implement this program which will function as a "loan program"similar to the Public Works Trust Fund. Through this approach,low interest funding is made available to cities and counties for the purpose of purchasing right-of-way property for projects approved by the TIB or CRAB as part of a city or county six-year plan or program. Once the approved local jurisdiction has purchased the property, it is their responsibility to manage the property in accordance with sound business practices and provide annual status reports to the TIB. Any funds received by the local jurisdiction during the interim management of the property must be deposited into the revolving fund. When the local jurisdiction proceeds with the construction of a project that will require the use of any of the property acquired,the local jurisdiction must reimburse the revolving fund for the original cost of the property plus interest. The rate of interest will be determined annually by the TIB and the interest rate set must be disclosed in the TIB's annual report to the transportation committees. If a local jurisdiction determines that any property acquired through the revolving fund will not be required for a project,or the property has been held for more than six years,the local jurisdiction must either sell the property at fair market value or reimburse the revolving fund at fair market value.All proceeds from a sale must be deposited into the revolving fund. The Department of Transportation(DOT)is directed to develop joint trenching policies to encourage coordination of under-roadway access between multiple utility providers and/or municipalities. Persons performing utility trenching on a state highway are responsible for the following: expenses of restoration and inspection;financial impact of not completing trenching within permit period;and compensating for loss of useful pavement life. A city with trenching jurisdiction over a state highway running through its boundaries must require any trenching it permits to meet or exceed restoration standards adopted by DOT. HB 1680—Design-build for WSDOT—We should care because this will help DOT undertake projects in more timely manner: This Blue Ribbon Commission request bill provides the WSDOT with authority to use the "design-build"public works contracting procedure for its highway projects. ESHB 1832—Governor's Water Resources bill—Additional watershed planning dollars and conservation tax credit are reason to care—and lays foundation for addressing water rights in 2002: This legislation establishes a"two-lines"procedure for processing water rights—enabling change and transfer requests to be expedited; it also clarifies law on the use of Water Conservancy Boards;provides additional money for habitat and water quality aspects of`2514'watershed planning;and establishes a water conservation tax credit for water utilities. HB 1836—Creates legislative task force on local parks and recreation maintenance and operations—Parks Depts.Should track this: The task force is composed of: four members of the state House of Representatives,two from each major caucus,appointed by the co-speakers;four members of the state Senate,two from each major caucus,appointed by the president of the Senate;two representatives of county government parks and recreation, one from an urban county and one from a rural county,appointed by a statewide organization representing county governments;two representatives of city parks and recreation,one of whom must be from a city with a population over 30,000 and one from a city with a population of less than 30,000,appointed by a statewide organization representing cities;three representatives of local parks users,one who represents the interests of team sport users, one who represents the interests of individual users,and one who represents youth users,appointed by a statewide organization that represents local park and recreation interests;a representative of the Office of Financial Management(OFM)appointed by the director of OFM;a representative of the sporting goods and outdoor recreation products industry,appointed by a statewide organization that represents producers and retailers of such merchandise;a representative of commercial business interests that are affected by the existence of local parks, appointed by a statewide organization representing the interests of commercial business in the state;a representative from either a metropolitan park district,a park and recreation service area,or a park and recreation service district; and a representative of an environmental interest organization with familiarity and expertise in parks land use issues, appointed by a statewide organization representing environmental interests. The task force is required to report and recommend to the Legislature an analysis that: details current local park and recreation uses and trends;details current funding for local park and recreation maintenance and operations; describes the benefits that local parks provide to the state;examines the anticipated future needs of local parks and recreation agencies;and includes recommendations on sources of funding to meet the operational needs of local parks and recreation agencies.The task force may make recommendations on other issues related to the successful implementation of this legislation. The task force expires on June 30,2002. HB 1859—Sales and Use Tax Exemption for manufacturing machinery and equipment on certain wind- powered and solar-powered energy operations. Fiscal impact on local government is pretty minimal—but a `heads-up' for Budget/Finance types: The sales and use tax for M&E is extended for new electrical generation using wind, solar,or landfill gas as a primary power source and is expanded to include fuel cells and smaller generation facilities and facilities that use the electricity on site. Smaller facilities are included by lowering the threshold for application of the exemption from 200 kilowatts(200,000 watts)to 200 watts.The tax exemption is extended through June 30,2009. HB 2184—Real Estate Excise Tax on Used Park Model Trailers—More of an`FYI"to budget/finance folks than anything else: The sales of used park model trailers which are fixed in location are made subject to the real estate excise tax rather than the sales and use tax. SB 6188—Environmental Permit Streamlining Bill—just passed during 13`Special Session. Planning,Public Works,Transportation folks should care—although the`urban' pilot in this bill is very,very,very likely going to be 405/Translake area. The following projects are eligible for a streamlined environmental permitting process:pilot projects designated in this act,transportation projects of statewide significance,and projects selected for a programmatic approach by the transportation permit efficiency and accountability committee created in this act. Transportation projects of statewide significance means a surface transportation project or combination of projects, that crosses multiple city or county jurisdictional boundaries or connects major destinations in support of the economy. These projects are designated by the Washington State Department of Transportation(WSDOT)and must be approved by the Senate and House Transportation Committees. The Transportation Permit Efficiency and Accountability Committee(TPEAC)is created. The TPEAC must consist of the following nine voting members: four legislators,one of whom shall be chair,a Secretary of WSDOT designee,a Director of Department of Fish and Wildlife designee,a Director of Department of Ecology designee, an Association of Washington Cities designee,and a Washington State Association of Counties designee. The eight nonvoting members of the committee include representatives from the construction industry,environmental interests, labor,and tribes. The WSDOT must provide administrative assistance to the TPEAC. The TPEAC must assess the application of current environmental standards and integrate those standards where appropriate. The TPEAC must designate three pilot projects and use a streamlined process for permitting those projects. The TPEAC must also develop a list of streamlining opportunities and make recommendations to the Legislature on necessary statutory or administrative changes. Finally,the TPEAC must implement a streamlined permitting process for transportation projects of statewide significance based on the integrated standards developed by the committee. Committee action may not override existing statutes,regulations,or local ordinances. The committee must make twice yearly reports to the Legislature. Local governments have three options for participating in the streamlined process. If a local government elects to be a participating entity,a representative from the local government will be part of the coordinated review of the project. If a local government elects to be an assigning entity,the local government will enter into an agreement with the department to define the local permit requirements that must be met. If a local government elects not to participate in the coordinated process,the department will conduct the local permitting process and must comply with the provisions of the city and county ordinances. An interim process for permitting transportation projects of statewide significance is provided until the TPEAC adopts integrated standards and best management practices. This process is optional for the department and specifies a six-step process including early involvement of affected agencies,identification of permit requirements, selection of preferred alternatives,coordinated reviews and hearings,and allowance for time-lines for completing reviews and decisions. This legislation expires March 31,2003.