WSR 02-08-076

PERMANENT RULES

FREIGHT MOBILITY

STRATEGIC INVESTMENT BOARD

[ Filed April 3, 2002, 9:47 a.m. ]

Date of Adoption: March 26, 2002.

Purpose: Revise and clarify administrative rules and procedures.

Citation of Existing Rules Affected by this Order: Amending WAC 226-01-040, 226-01-050, 226-12-080, 226-16-160, and 226-20-010.

Statutory Authority for Adoption: Chapter 4706A [47.06A RCW].

Adopted under notice filed as WSR 02-03-038 on January 8, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

March 28, 2002

Karen Schmidt

Director

OTS-5380.1


AMENDATORY SECTION(Amending WSR 99-18-048, filed 8/27/99, effective 9/27/99)

WAC 226-01-040   Time and place of meetings.   Regular public meetings of the board shall be held on the third Friday of every odd numbered month. Each such regular meeting shall be held in SeaTac, Washington, and begin at the hour of 9:00 a.m. ((or at such other time and place as designated by the board)) unless otherwise designated by the board and at which time will be posted to the register and FMSIB website at least twenty days prior to the meeting.

A special meeting of the board may be called by the chairperson or by a majority of the members of the board, by delivering personally or by mail written notice to all other members of the board at least twenty-four hours before the time of such meeting as specified in the notice. The notice calling a special meeting shall state the purpose for which the meeting is called and the date, hour, and place of such meeting, and all provisions of chapter 42.30 RCW shall apply.

[Statutory Authority: Chapter 47.06A RCW. 99-18-048, 226-01-040, filed 8/27/99, effective 9/27/99.]


AMENDATORY SECTION(Amending WSR 99-18-048, filed 8/27/99, effective 9/27/99)

WAC 226-01-050   Address of board.   Persons wishing to obtain information or to make submissions or requests of any kind shall address their correspondence to:


Executive Director, Freight Mobility Strategic Investment Board

((Washington State Department of Transportation

Highways & Local Programs Service Center))

1063 Capitol Way, Room 201

Post Office Box 40965

Olympia, Washington 98504-0965

[Statutory Authority: Chapter 47.06A RCW. 99-18-048, 226-01-050, filed 8/27/99, effective 9/27/99.]

OTS-5381.1


AMENDATORY SECTION(Amending WSR 99-18-048, filed 8/27/99, effective 9/27/99)

WAC 226-12-080   Priority criteria for freight mobility projects.   ((From the effective date of this act through the biennium ending June 30, 2001, the board shall use the multicriteria analysis and scoring framework for evaluating and ranking eligible freight mobility and freight mitigation projects developed by the board and contained in the January 16, 1998, report entitled "Project Eligibility, Priority and Selection Process for a Strategic Freight Investment Program.")) The board shall use a multicriteria analysis and scoring framework, which may be periodically refined, for evaluating and ranking eligible freight mobility and freight mitigation projects. The prioritization process shall measure the degree to which projects address important program objectives and shall generate a project score that reflects a project's priority compared to other projects. The board shall assign scoring points to each criterion that indicate the relative importance of the criterion in the overall determination of project priority. ((For projects funded after June 30, 2001, the board may supplement and refine the initial project priority criteria and scoring framework developed by the board.))

[Statutory Authority: Chapter 47.06A RCW. 99-18-048, 226-12-080, filed 8/27/99, effective 9/27/99.]

OTS-5382.1


AMENDATORY SECTION(Amending WSR 99-18-048, filed 8/27/99, effective 9/27/99)

WAC 226-16-160   Work progress on freight mobility projects.   The lead agency must begin work on a project within twelve months of the date the board approves the project, unless the board grants an extension. To determine if work has begun, the board will assess the project progress as compared to the information provided the board when the project was authorized for funding. If project activity has not started and it appears the project is falling behind the proposed schedule, the board may review the project status to determine if board funds should be withdrawn from the project and reallocated to another proposed project. The board may grant an extension if, in the board's opinion, the project will begin work shortly after the original twelve-month period has elapsed. For purposes of this section, "begin work" means the date that a contract is advertised.

[Statutory Authority: Chapter 47.06A RCW. 99-18-048, 226-16-160, filed 8/27/99, effective 9/27/99.]

OTS-5383.1


AMENDATORY SECTION(Amending WSR 99-18-048, filed 8/27/99, effective 9/27/99)

WAC 226-20-010   Matching ratios for freight mobility program funds.   The board gives preference to projects that contain the greatest levels of financial participation from nonprogram fund sources. The board shall consider twenty percent as the minimum partnership contribution, unless the board grants a special exception. The maximum amount of funding on a project from the freight mobility board shall be fifty million dollars. The board may allow the use of matching ratios greater than the original matching ratio on any phase of a project to facilitate project development, with the understanding that the total payments made by project completion shall not exceed the original matching ratio. The board allows other state funds to be considered part of the local matching funds, and port funds expended off of port property will be considered private funds.

[Statutory Authority: Chapter 47.06A RCW. 99-18-048, 226-20-010, filed 8/27/99, effective 9/27/99.]

Washington State Code Reviser's Office