WSR 98-07-006
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed March 6, 1998, 9:20 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-03-031
Title of Rule: Advanced financial support payments for the development of comprehensive transit plans
Purpose: Identifies procedures for making loans to public transportation benefit areas and county transportation authorities and specifies the contents of plans outlining services and purchases for the initial six years of operations
Statutory Authority for Adoption: RCW 36.57A.150
Statute Being Implemented: RCW 36.57A.150
Summary: The rule updates loan application procedures, clarifies requirements for plans outlining services and purchases for their initial six years of operations, and outlines review procedures
Reasons Supporting Proposal: Clarifies confusing language, streamlines and reduces some requirements for content of plans, and updates some requirements to reflect current Washington State Department of Transportation needs
Name of Agency Personnel Responsible for Drafting: Paul Gamble, Olympia, (360) 705-7912; Implementation and Enforcement: Cathy Silins, Olympia, (360) 705-7919
Name of Proponent: Washington State Department of Transportation, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule outlines procedures associated with loans to public transportation benefit areas and county transportation authorities to undertake plans. The rule updates loan application procedures, clarifies requirements for plans outlining services and purchases for their initial six years of operations, and outlines review procedures.
The effect will be clearer and simpler directions to prospective recipients
Proposal Changes the Following Existing Rules: The application sections (WAC 468-85-010 - 468-85-130) are easier to read, but the effect is the same. The plan's review section (WAC 468-85-310) is more complete than before.
WAC 468-85-210 calling for a capital improvement element is now WAC 468-85-230.
WAC 468-85-220 calling for a level of service element is reduced, with subsection (6) moving to WAC 468-85-210, retitled Community context.
WAC 468-85-230 calling for an initial year of operating revenues and expenses is now combined with WAC 468-85-240.
WAC 468-85-240 calling for four years of operating revenue and expenses now includes the first year.
WAC 468-85-250 calling for a relation to nearby transit operations is now included in WAC 468-85-210, retitled Community context.
WAC 468-85-260 calling for a prospects for geographic expansion is now included in WAC 468-85-210, retitled Community context.
WAC 468-85-270 calling for a minorities, elderly, handicapped and low-income element is repealed.
WAC 468-85-280 calling for a citizens participation element is now WAC 468-85-250.
WAC 468-85-290 calling for a coordinated planning element is easier to read with a subsection moving to WAC 468-85-310
No small business economic impact statement has been prepared under chapter 19.85 RCW. Both the state statute and the proposed rules affect only public transportation benefit areas and county transportation authorities.
RCW 34.05.328 does not apply to this rule adoption. This rule making is exempt under subsection (5)(b)(ii).
Hearing Location: Transportation Building, Commission Board Room, 1D2, Maple Park S.E., Olympia, Washington 98504, on May 15, 1998, at 8:30 a.m
Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by May 8, 1998
Submit Written Comments to: Paul Gamble, Public Transportation Office, Washington State Department of Transportation, P.O. Box 47387, Olympia, WA 98504-7387, or (360) 705-7912, FAX (360) 705-6820, by May 8, 1998
Date of Intended Adoption: May 15, 1998
March 2, 1998
Gerald E. Smith
Deputy Secretary
for Operations
OTS-1942.2
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-010 General purpose and applicability. (1)
Purpose: These regulations are to assist county transportation
authorities and public transportation benefit areas in the
development of comprehensive transit plans consistent with
chapter 36.57A RCW, RCW 35.58.2795, and local developmental
goals. The comprehensive transit plans are intended to lead to
the development and management of regional public transit systems
which are energy-efficient, provide viable transportation
alternatives, ((offer availability to)) serve all elements of the
public, and are responsive to the public need.
(2) Applicability: These regulations apply only to county transportation authorities created pursuant to chapter 36.57 RCW and to public transportation benefit areas created pursuant to chapter 36.57A RCW.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-010, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-015 Definitions. (1) "Department" means the Washington state department of transportation, through its public transportation and rail division, or its successor.
(2) "Comprehensive transit plan" means the official document required of every county transportation authority pursuant to RCW 36.57.070 and of every public transportation benefit area pursuant to RCW 36.57A.060.
(3) "County transportation authority" means an entity created pursuant to chapter 36.57 RCW.
(4) "Population" means the number of residents as shown by
the ((figures released for the)) most recent ((official state,
federal, or county census, or)) population determination made by
the office of financial management.
(5) "Public transportation benefit area" means an entity created pursuant to chapter 36.57A RCW.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-015, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-110 Application for advanced financial support
payment. (1) Eligible applicants: Any county transportation
authority established pursuant to chapter 36.57 RCW and any
public transportation benefit area established pursuant to
chapter 36.57A RCW ((is eligible to)) may receive a one-time
advanced financial support payment from the department ((upon
submission to the department of)) after submitting an application
containing the information specified in subsection (2) of this
section to the department.
(2) Contents of application: There is no particular form
((is hereby)) specified for ((an application)) applying for an
advanced financial support payment. The application for such
payment((, however,)) must be addressed to the department, signed
by the chief executive officer of the applicant, and include the
following information and related materials:
(a) A copy of a minute entry or resolution of the applicant authorizing or directing that body, or a designated individual acting for that body, to apply for such payment;
(b) In the event the applicant is a public transportation benefit area, and unless it is county-wide, a map indicating the precise boundaries of any unincorporated areas within the public transportation benefit area;
(c) ((An estimate of the population of the applicant;
(d) A proposed budget indicating proposed expenditures by
the following objects: Salaries and wages, personal services
contracts, goods and services, travel, equipment, employee
benefits, and capital outlays; and
(e))) A description of the methods anticipated to be used to
secure citizen participation in the comprehensive transit
planning process; such methods must ensure a reasonable
opportunity is provided for input to be made by racial and ethnic
minorities, low-income, elderly ((and handicapped)) individuals,
and persons with disabilities.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-110, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-120 Department response to application. The department shall respond to applications on a "first-come, first-served" basis. Therefore, upon receipt of an application for an advanced financial support payment, the department shall:
(1) Determination of completeness: Determine whether or not
the application contains or includes all of the information or
material required by WAC 468-85-110(2). In the event an
application is incomplete, the department shall notify the
applicant ((shall be notified)) within seven days of receipt of
such application by the department, of the application's
deficiencies and that further ((department)) processing of the
application is being suspended until the ((department receives a
properly completed application)) applicant corrects the
deficiencies;
(2) Determination of population: Request the office of
financial management to determine the population of the
applicant. Where the sum of the populations of the incorporated
areas within the applicant's jurisdiction exceeds fifty thousand
people, or if the applicant's jurisdiction is county-wide
according to the most recently published estimate of the office
of financial management, the department will not make such
request ((will not be made; the department shall, instead,
proceed to allocate the maximum amount allowable to said
applicant)); and
(3) Allocation of funds: Allocate for distribution to the applicant as an advanced financial support payment the product of one dollar times the applicant's population as determined by the office of financial management or the department. Under no circumstances will the amount allocated exceed the sum of fifty thousand dollars per applicant.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-120, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-130 Conditions of advanced financial support
payments. (1) Payment constitutes a loan: Funds received by
county transportation authorities or public transportation
benefit areas as advanced financial support payments constitute
loans. The recipient shall repay the department such ((a)) loan
((shall be repaid to the department by the recipient thereof))
not later than two years after the date such recipient received
the advanced financial support payment. The department shall
waive such repayment ((shall be waived in the event)) if the
voters in the ((appropriate county or public transportation
benefit)) recipient's area fail to ((elect to levy and collect))
authorize taxes ((authorized)) permitted under chapters 35.95 or
82.14 RCW within two years after the date such advanced financial
support payment was received.
(2) Obligation to develop a comprehensive transit plan:
Following receipt of the advanced financial support payment, the
county transportation authority or public transportation benefit
area shall undertake and complete the development of a
comprehensive transit plan that meets the specifications
contained in WAC 468-85-200 through 468-85-290((, as well as
specifications adopted by the department subsequent to receipt of
such payment by a recipient)). In the development of such plan,
((a county transportation authority and public transportation
benefit area)) the recipient shall ensure a reasonable
opportunity for the receipt of citizens input and participation
in the planning process is provided to racial and ethnic
minorities; low-income, elderly((, and handicapped)) individuals
and persons with disabilities.
(3) Payment may constitute matching contribution: Any payment received pursuant to this chapter may be used as all or any portion of a matching contribution required for the receipt of federal funds, provided federal law and applicable regulations allow such payment as a matching contribution, and provided, further, such federal funds are used to assist the recipient in the development of a comprehensive transit plan.
(4) Notice of election: The chief executive officer of a
recipient of an advanced financial support payment or his/her
designee shall inform the department of the date(((s))) chosen
for a popular election(((s))) on taxation authorized by chapter
35.95 or 82.14 RCW to finance public transportation in the
recipient's jurisdiction, in advance of such election(s).
(5) Required election: An election to determine ((whether
or not)) the taxes authorized by chapter 35.95 or 82.14 RCW
((will)) proposed to be levied and collected in the county or
public transportation benefit area must be held within two years
of the receipt of an advanced financial support payment.
(6) Notice of election results: The chief executive officer
of a recipient of an advanced financial support payment or
his/her designee shall inform the department of the
election(((s))) results within ten days of ((the)) its official
certification.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-130, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-210 ((Capital improvements element.)) Community
context. ((The capital improvements element of the comprehensive
transit plan shall identify anticipated capital improvements
including the number, types, and passenger seating capacities of
in-revenue-service vehicles, nonrevenue equipment; and the number
and types of any proposed terminals, stations, shelters, parking
facilities for potential system users, and garage and related
vehicle maintenance facilities. Sites for fixed facilities need
not be identified. Capital improvements shall be identified for
the first five years of operation; the priorities and phasing of
the acquisition of such improvements shall also be identified.))
The comprehensive plan shall describe the community context of
the public transit services. This context shall include:
(1) Demographics according to the most recent census:
(a) Distribution of persons aged sixty-five years and older;
(b) Distribution of persons aged six to eighteen years;
(c) Location of concentrations of any ethnic minorities;
(d) Location of concentrations of low-income households; and
(e) Automobile ownership by household;
(2) Location of significant destinations, including:
(a) Employment centers with more than fifty employees;
(b) Schools, colleges and universities;
(c) Shopping centers with five or more shopping opportunities;
(d) Medical clinics and hospitals;
(e) Public parks;
(f) City halls;
(g) County courthouses;
(h) Airports with scheduled air passenger service; and
(i) Passenger rail stations;
(3) Public transportation operations within the boundaries of and three miles beyond the transit district, including:
(a) Intercity bus carriers;
(b) Rail passenger service;
(c) Municipally operated public transit service;
(d) School pupil transportation; and
(e) Specialized transportation for elderly or low-income persons, and persons with disabilities;
(4) An explanation of how the proposed public transit service will serve destinations contained in subsection (2) of this section and integrate with elements contained in subsection (3) of this section;
(5) A discussion of future annexations to the public transportation benefit area.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-210, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-220 Level of service element. The ((level of
service element of the)) comprehensive transit plan shall contain
the following information:
(1) ((User characteristics;
(2) Trip characteristics;
(3))) Where scheduled service is anticipated in the plan,
the frequency that in-revenue-service vehicles would pass
selected points along proposed routes; and ((where a demand-responsive service is anticipated in the plan, the frequency that
in-revenue-service vehicles would serve selected neighborhoods;
(4))) (2) The days and hours of service operations;
(((5) The proposed means of facilitating public use of the
proposed system; such means should include consideration of the
following:
(a) Shelters or benches;
(b) Signing for loading and unloading locations;
(c) Public timetables, where scheduled service is proposed;
(d) Telephone information;
(e) Advertisements in news media; and
(f) Measures to review, update, and make available public
information about the frequency of service and transit routes;
(6) The location within the proposed transit service area of
the following items: Employment centers, employing more than
fifty persons; governmental facilities; and shopping centers with
five or more shopping opportunities; and
(7) Vehicle fuel consumption rated per mile traveled by type
of vehicle.)) (3) Annual revenue vehicle hours and annual vehicle
hours of service separated by type of service;
(4) Annual revenue vehicle miles and annual vehicle miles of service separated by type of service.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-220, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-230 ((System funding for initial year of
operation)) Capital improvements element. ((The comprehensive
transit plan element dealing with system funding for the initial
year of operation shall include, but need not be limited to, the
following information:
(1) An itemized statement of the estimated costs of setting
up and operating the recommended public transit system during the
first twelve months of operation; such statement shall include,
but not be limited to, separate cost estimates for the following
items:
(a) Vehicles and optional features, by type of vehicle;
(b) External passenger-related facilities such as shelters,
benches, signing, and parking facilities;
(c) Garage, and vehicle maintenance facilities and
equipment;
(d) Marketing;
(e) Administration; and
(f) Maintenance and operations.
(2) Passenger fare levels, estimated public patronage, and
estimated fare box revenue;
(3) The amount of federal assistance separated by operations
and capital purposes;
(4) The amount of long term debt for the purchase of
facilities and equipment;
(5) Whether any of the following sources of local public
transit subsidy are anticipated to assist in the funding of the
proposed system:
(a) Household tax authorized by chapter 35.95 RCW;
(b) Business and occupation tax authorized by chapter 35.95
RCW; or
(c) The .1%, .2%, or .3% sales and use tax in lieu of the
household tax and business and occupation tax referenced
immediately above; together with the rate(s) for any levied tax
identified above and the estimated revenues from any such sources
anticipated to be collected; (Assumptions made in order to
estimate such revenues should be identified.)
(6) The amount of any state matching funds assumed. (Such
amount shall equal the sum of either one state dollar for each
local dollar anticipated to be collected, as identified in WAC
468-85-230(5), or the amount of the motor vehicle excise tax mass
transit levy authorized under RCW 35.58.272 through 35.58.279,
whichever is less; minus the amount advanced by the department to
a county transportation authority or public transportation
benefit area for the development of a comprehensive transit plan
pursuant to this chapter.))) The comprehensive transit plan shall
identify anticipated capital improvements. Estimate the annual
costs of purchasing the following items during each of the first
six years of operation, identifying costs for each of the
following categories:
(1) Vehicles - number to be purchased according to passenger seating capacity;
(2) Equipment such as shelters, benches, and signing -number of each to be purchased;
(3) Parking facilities and stations/terminals - number of each to be purchased or constructed; and
(4) Garage and vehicle maintenance, operations and administrative structures, including associated equipment -number of each to be purchased or constructed. Sites for the fixed facilities in this subsection or subsection (3) of this section need not be identified.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-230, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-240 ((System of)) Funding for ((the second
through fifth years of)) annual operations element. ((The
comprehensive transit plan element regarding system funding for
the second through fifth years of operation shall contain the
following information for each of those years:
(1) The estimated capital, maintenance, and operating costs
of each aspect of the proposed public transit system identified
as required in WAC 468-85-230(1) for the first year of operation
and an identification of the proposed service life of all
equipment acquired or proposed to be acquired; and
(2) The proposed sources of revenue and amounts of revenue,
loans, and federal and state assistance to be used to offset such
costs.)) The comprehensive transit plan shall include, but need
not be limited to, the following information:
(1) An estimate of the annual costs of operating the recommended public transit system during each of the first six years of operation; such estimate shall include costs for marketing, administration, maintenance and operations.
(2) Passenger fare levels, estimated ridership, and estimated fare box revenue;
(3) The amounts and sources of federal and state assistance separated by operations and capital purposes;
(4) The amount of long term debt for the purchase of facilities and equipment;
(5) Whether any of the following sources of local public transit subsidy are anticipated to assist in the funding of the proposed system:
(a) Household tax authorized by chapter 35.95 RCW;
(b) Business and occupation tax authorized by chapter 35.95 RCW; or
(c) The .1%, .2%, .3%, .4%, .5%, or .6% sales and use tax in lieu of the household tax and business and occupation tax referenced immediately above; together with the rate(s) for any levied tax identified above and the estimated revenues from any such sources anticipated to be collected; (Assumptions made in order to estimate such revenues should be identified.)
(6) The amount of any state matching funds assumed. (Such amount shall equal the sum of either one state dollar for each local dollar anticipated to be collected, as identified in WAC 468-85-230(5), or the amount of the motor vehicle excise tax mass transit levy authorized under RCW 35.58.272 through 35.58.279, whichever is less; minus the amount advanced by the department to a county transportation authority or public transportation benefit area for the development of a comprehensive transit plan pursuant to this chapter.)
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-240, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-250 ((Relation to nearby transit operations))
Citizen participation element. ((The comprehensive transit plan
element regarding the proposed system's relation to nearby
transit operations shall contain the following information:
(1) An identification of any existing public or private
transit operations and affiliated facilities serving any area
within the jurisdiction of the county transportation authority,
public transportation benefit area, or within three road miles of
either; such identified operations shall include, at a minimum,
the following:
(a) Taxicab or jitney service;
(b) Auto transportation companies holding and operating
pursuant to certificates of public convenience and necessity from
the Washington utilities and transportation commission;
(c) Scheduled air passenger service;
(d) Rail passenger service;
(e) Municipally operated public transit service;
(f) School pupil transportation; and
(g) Specialized transportation service for elderly,
handicapped, or low income persons;
(2) An explanation of how the proposed public transit
service would integrate with and affect the use of services
identified in WAC 468-85-250(1); and
(3) The location and description of any streets and roads
channelizations or other special identification for public
transit use.)) The comprehensive transit plan citizen
participation element shall identify how citizens shall be
consulted by the county transportation authority or public
transportation benefit area. County transportation authorities
and public transportation benefit areas shall ensure that they
receive citizens' input on a continuing basis.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-250, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-290 Coordinated planning element. The
comprehensive transit plan coordinated planning element shall
((include the following information:
(1))) contain comments on the comprehensive transit plan's
compatibility with the adopted goals, objectives and policies for
((development)) transportation by: Every unit of general purpose
local government that is ((a member of or participant in the
activities of governments of a)) located within the county
transportation authority or public transportation benefit area
((as well as every area-wide comprehensive)); the regional
transportation planning organization that is located in whole or
in part within the jurisdiction of that transit service planning
entity; and the Washington state department of transportation.
(((2) A commitment in writing by the officials of the county
transportation authority or public transportation benefit area
that a copy of the comprehensive transit plan and any updated
portions thereof shall be supplied within thirty days of the
official adoption thereof to the chief executives of every unit
of general purpose local government located in whole or in part
within the jurisdiction of that planning entity; every area-wide
comprehensive planning organization, and engineering or public
works department of any unit of general purpose local government,
located in whole or in part within the jurisdiction of that
planning entity; the department; and the district administrator
and public transportation an planning engineer of the
department.))
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-290, filed 12/17/79.]
AMENDATORY SECTION (Amending Order 42, filed 12/17/79)
WAC 468-85-310 Review of comprehensive transit plan of public transportation benefit area. (1) Within sixty days of the receipt thereof, the department shall review any comprehensive transit plan submitted by a public transportation benefit area. The department shall determine whether or not such comprehensive transit plan can be "approved" on the basis of the following standards:
(a) The capital improvement program and anticipated upgrading costs are offset by the proposed system funding;
(b) The comprehensive transit plan as submitted contains all
of the elements required by WAC 468-85-200((;
(c) Such plan is consistent with the public transportation
coordination criteria adopted pursuant to the Urban Mass
Transportation Act of 1964, as amended)).
(2) In the event such plan is approved, the department shall certify to the state treasurer that a public transportation benefit area that submitted a reviewed and approved plan is eligible to receive the motor vehicle excise tax proceeds authorized pursuant to RCW 35.58.273, as now or hereafter amended, in the manner prescribed by chapter 82.44 RCW, as now or hereafter amended.
(3) The county transportation authority or public transportation benefit area shall supply a copy of the comprehensive transit plan and any updated portions thereof shall be supplied within thirty days of the official adoption thereof to the chief executives of every unit of general purpose local government located in whole or in part within the jurisdiction of that planning entity; every regional transportation planning organization, and engineering or public works department of any unit of general purpose local government, located in whole or in part within the jurisdiction of that planning entity; the department; and the regional administrator and public transportation and rail division director of the department.
(4) In the event a comprehensive transit plan is disapproved and a public transportation benefit area is determined to be ineligible to receive such motor vehicle tax proceeds, the department shall provide written notice to such entity within thirty days as to the reasons for the plan disapproval and the entity's ineligibility, together with notice that such public transportation benefit area may resubmit a corrected plan at any time.
[Statutory Authority: RCW 36.57A.150. 80-01-029 (Order 42), § 468-85-310, filed 12/17/79.]
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 468-85-260 Prospects for geographic expansion of service area element.
WAC 468-85-270 Minorities, elderly, handicapped and low-income persons transportation service element.
WAC 468-85-280 Citizen participation element.