Purpose: To allow an additional extension of time during which a RATA funded project must meet a construction deadline.
Citation of Existing Rules Affected by this Order: Amending WAC 136-167-040 Lapsing RATA allocation for approved projects.
Statutory Authority for Adoption: Chapter 36.79 RCW.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The intervention of a court of competent jurisdiction necessitates an immediate time extension.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 24, 2005.
Jay P. Weber
AMENDATORY SECTION(Amending WSR 01-09-077, filed 4/17/01, effective 5/18/01)
WAC 136-167-040 Lapsing of RATA allocation for approved projects. To encourage timely development and construction of approved projects, all projects for which RATA funds have been allocated must meet certain project development milestones. Failure to meet the milestones will result in action by the county road administration board to withdraw RATA funds from the project. This provision will only apply to those projects for which RATA funds have been allocated after July 1, 1995.
(1) For the purposes of this section, a project will be subject to lapsing and withdrawal of its RATA allocation if:
(a) The project has not begun the preliminary engineering phase within four years of project approval by the county road administration board; or
(b) The project has not begun construction within six years of the date of project approval by the county road administration board.
(2) A project shall be considered in preliminary engineering if authorization to expend funds for preliminary engineering has been granted by the county legislative authority as provided for in RCW 36.75.050. A project shall be considered in construction if:
(a) The construction contract for the work has been advertised for bids as provided for in RCW 36.77.020;
(b) A contract has been awarded under the provisions of the small works roster contract award process; or
(c) If done by day labor, the work has commenced.
(3) If an approved project does not meet a required project development milestone, the county road administration board will, at its next regular meeting, withdraw RATA funds from the project.
(4) At any time up to ten days before such meeting, the county may, in writing, request an extension of the lapse date. The county road administration board executive director may grant such an extension if the director finds that the delay in project development was for reasons that were both unanticipated and beyond the control of the county, and subject to the following:
(a) A project extension will be granted one time only and will be no more than two years in length. However, the CRABoard may in its discretion find that to provide for the public safety, health or general welfare, an additional extension is necessary in some cases, and for such cases the CRABoard may allow an additional extension and will determine the duration thereof; and
(b) The request for an extension is based on unforeseeable circumstances that the county could not have anticipated at the time the project was submitted for RATA funding; and
(c) An approved time extension will not be grounds for the county to request an increase in the RATA funding of the project; and
(d) The executive director will determine a new lapse date, and all of the requirements listed above under subsections (1) and (2) of this section will apply except that further extensions will not be granted.
(5) The CRABoard may at any time place a moratorium on lapsing of projects that are delayed due to CRAB initiated rescheduling and establish a new lapsing date to fit the CRABoard's programming needs. For those projects given a lapsing moratorium, section four shall be held in abeyance until the new lapsing date.
[Statutory Authority: Chapter 36.79 RCW. 01-09-077, § 136-167-040, filed 4/17/01, effective 5/18/01; 99-01-021, § 136-167-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-110, § 136-167-040, filed 8/2/94, effective 9/2/94.]