Date of Adoption: January 16, 2003.
Purpose: Amends WAC 136-163-030.
Citation of Existing Rules Affected by this Order: Amending WAC 136-163-030.
Statutory Authority for Adoption: Chapter 36.79 RCW.
Adopted under notice filed as WSR 02-23-006 on November 7, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
February 3, 2003
Jay P. Weber
AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)
WAC 136-163-030 Limitations and conditions -- Emergency projects. To be eligible for emergency project approval, the county must declare an emergency as provided for in RCW ((
36.04.180)) 36.40.180. If there is not yet a state
declaration of emergency, the county must also, in
consultation with the state military department, emergency
management division and the WSDOT, evaluate the probability of
receiving a state declaration of emergency. A state
declaration of emergency is required as a condition of
receiving federal funding for road-related damages via the
Emergency Relief Program or FEMA. If such federal funding has
been approved or is likely to be approved, the county road
administration board may provide up to one hundred percent of
a county's required matching funds for such federal funding
but only after the approval of the federal funds.
Should such federal funding not be forthcoming, or if the emergency is of such a scope and size that federal funding is clearly improbable, the county road administration board may provide up to eighty percent or ninety percent of the estimated eligible damages depending upon the regional limitations as provided for in WAC 136-161-090, with the total project cost limited to the actual expenditures by the county.
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-163-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 96-17-014, § 136-163-030, filed 8/12/96, effective 9/12/96.]