WSR 99-24-038

PERMANENT RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed November 23, 1999, 4:08 p.m. ]

Date of Adoption: November 19, 1999.

Purpose: SHB 5615, passed by the 1999 legislature, consolidated a number of TIB funding accounts. As a result of this legislation, the TIB had to revise its WACs to be consistent with the revised RCWs. The changes are housekeeping in nature and do not reflect any major policy changes.

Citation of Existing Rules Affected by this Order: Repealing WAC 479-02-020, 479-02-030, 479-12-010, 479-12-020, 479-13-010, 479-13-011, 479-13-025, 479-13-035, 479-13-070, 479-16-010, 479-16-015, 479-16-016, 479-16-020, 479-16-030, 479-16-035, 479-16-040, 479-16-045, 479-16-050, 479-16-060, 479-16-080, 479-16-085, 479-16-098, 479-20-007, 479-20-010, 479-20-011, 479-20-013, 479-20-016, 479-20-020, 479-20-025, 479-20-027, 479-20-031, 479-20-037, 479-20-086, 479-20-089, 479-20-095, 479-24-010, 479-24-020, 479-24-030, 479-24-040, 479-24-050, 479-24-070, 479-112-001, 479-112-003, 479-112-0055, 479-112-007, 479-112-008, 479-112-009, 479-112-010, 479-112-017, 479-112-018, 479-112-020, 479-113-010, 479-113-011, 479-113-029, 479-113-031, 479-113-035, 479-113-070, 479-116-010, 479-116-015, 479-116-016, 479-116-020, 479-116-030, 479-116-035, 479-116-040, 479-116-045, 479-116-050, 479-116-060, 479-116-070, 479-116-080, 479-120-010, 479-120-011, 479-120-013, 479-120-016, 479-120-020, 479-120-025, 479-120-027, 479-120-031, 479-120-037, 479-120-086, 479-120-089, 479-120-095, 479-310-010, 479-310-050, 479-310-100, 479-310-150, 479-310-200, 479-312-010, 479-312-050, 479-312-100, 479-312-150, 479-312-200, 479-312-250, 479-312-300, 479-316-010, 479-316-050, 479-316-100, 479-316-200, 479-316-250, 479-316-300, 479-320-050, 479-320-100, 479-320-150, 479-320-200, 479-410-010, 479-410-020, 479-410-100, 479-410-150, 479-410-160, 479-410-170, 479-410-180, 479-410-200, 479-412-020, 479-412-100, 479-412-150, 479-412-200, 479-412-250, 479-412-300, 479-412-310, 479-416-010, 479-416-015, 479-416-016, 479-416-018, 479-416-020, 479-416-030, 479-416-035, 479-416-040, 479-416-045, 479-416-050, 479-420-010, 479-420-011, 479-420-013, 479-420-016, 479-420-020, 479-420-025, 479-420-027, 479-420-031, 479-420-037, 479-420-086, 479-420-089, 479-420-095, 479-510-060, 479-510-076, 479-510-080, 479-510-110, 479-510-120, 479-510-210, 479-510-220, 479-510-410, 479-510-420 and 479-510-500; and amending WAC 479-01-010, 479-01-020, 479-01-040, 479-01-050, 479-02-010, 479-02-050, 479-02-060, 479-02-110, 479-12-005, and 479-12-008.

Statutory Authority for Adoption: Chapters 47.26 and 47.66 RCW.

Adopted under notice filed as WSR 99-20-143 on October 6, 1999.

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 79, Amended 10, Repealed 150.

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 79, Amended 10, Repealed 150.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 79, Amended 10, Repealed 150.

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.

November 19, 1999

Jerry M. Fay

Executive Director

OTS-3402.2


AMENDATORY SECTION(Amending WSR 95-22-056, filed 10/30/95, effective 11/30/95)

WAC 479-01-010
Organization of transportation improvement board.

The transportation improvement board is a twenty-one member board, organized under the provisions of chapter 269, Laws of 1995. The board administers the urban arterial trust account ((program)), the transportation improvement account ((program, small city account program, city hardship assistance program, central Puget Sound public transportation account)), and public transportation systems account((, Intermodal Surface Transportation and Efficiency Act of 1991, surface transportation program state-wide competitive, and)). The board evaluates petitions requesting any additions to or deletions from the state highway system ((created and financed under the provisions contained therein.  Nineteen members of the board are appointed by the secretary of transportation, with six being city officials, six being county officials, two representatives of public transit systems, a private sector member, a member representing the ports, a member representing nonmotorized transportation, a member representing special needs transportation and two representatives from the department of transportation.  One member shall be appointed by the governor.  The county road administration engineer, created by RCW 36.78.060 is an ex officio member of the board)) and forwards recommendations to the legislature. The board selects projects for the STP state-wide competitive program and the enhancement program and forwards the recommended list to the legislature. Board membership is defined in RCW 47.26.121.

[Statutory Authority: 1995 c 269 2601.  95-22-056, 479-01-010, filed 10/30/95, effective 11/30/95.  Statutory Authority: Chapter 47.26 RCW.  95-04-072, 479-01-010, filed 1/30/95, effective 3/2/95; 90-11-035, 479-01-010, filed 5/10/90, effective 6/10/90; 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), 479-01-010, filed 10/26/83; Order 31 (part), 479-01-010, filed 11/8/67.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-01-020
Time and place of meetings.

Regular public meetings of the board shall be held on the fourth Friday of ((every)) the month or the third Friday if ((that)) the fourth Friday is a holiday.  Each such regular meeting shall be held at the offices of the board in Olympia, Washington, and begin at the hour of 9:00 a.m. or at such other time and place as designated by the board.

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 47.26 RCW.  95-04-072, 479-01-020, filed 1/30/95, effective 3/2/95; 92-12-014, 479-01-020, filed 5/26/92, effective 6/26/92; 90-11-035, 479-01-020, filed 5/10/90, effective 6/10/90; 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), 479-01-020, filed 10/26/83; Order 279, 479-01-020, filed 4/17/73; Order 31 (part), 479-01-020, filed 11/8/67.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-01-040
Definitions.

For purposes of implementing the requirements of RCW 47.26.160 relative to the transportation improvement board, the following definitions shall apply:

(1) Board - the transportation improvement board.

(2) TIB - the transportation improvement board.

(3) Director - the executive director of the transportation improvement board.

(4) Agency - all cities, towns, counties, and public transit agencies eligible to receive board funding.

(5) Urban area - the term "urban area" as used for the arterial improvement program and the transportation partnership program refers to the portion of a county within the federal urban area boundary as designated by FHWA and/or Washington state's Growth Management Act.

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, 479-01-040, filed 1/30/95, effective 3/2/95; 90-11-035, 479-01-040, filed 5/10/90, effective 6/10/90.]


AMENDATORY SECTION(Amending WSR 95-22-056, filed 10/30/95, effective 11/30/95)

WAC 479-01-050
Administration costs.

The board costs for necessary staff services and facilities that are attributable to the urban arterial trust account, ((small city account, city hardship assistance account,)) transportation improvement account, ((central Puget Sound public transportation account)) and public transportation systems account shall be paid in proportion to the anticipated expenditures of the ((programs)) accounts as determined by the biennial appropriation.

[Statutory Authority: 1995 c 269 2601.  95-22-056, 479-01-050, filed 10/30/95, effective 11/30/95.]

OTS-3403.1


AMENDATORY SECTION(Amending WSR 91-13-056, filed 6/17/91, effective 7/18/91)

WAC 479-02-010
Purpose.

The purpose of this chapter shall be to ensure compliance by the Washington transportation improvement board with the provisions of RCW 42.17.250 through ((42.17.340)) 42.17.348 dealing with public records.

[Statutory Authority: Chapter 47.26 RCW.  91-13-056, 479-02-010, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 91-13-056, filed 6/17/91, effective 7/18/91)

WAC 479-02-050
Public records officer.

The transportation improvement board public records shall be in the charge of the ((confidential secretary)) executive secretary who shall be the public records officer for the board.  The person so designated shall be officed in the Transportation Improvement Boards office in Olympia, Washington.  The public records officer shall be responsible for implementation of the board's rules and regulations regarding release of public records, coordinating staff efforts of the board in this regard and generally ensuring compliance of the staff with the public records disclosure requirements of chapter 1, Laws of 1973.

[Statutory Authority: Chapter 47.26 RCW.  91-13-056, 479-02-050, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 91-13-056, filed 6/17/91, effective 7/18/91)

WAC 479-02-060
Public records available.

All public records of the board as defined in ((WAC 479-02-020)) chapter 42.17 RCW are deemed available for public inspection and copying pursuant to these rules, ((except as provided in WAC 479-02-030)) unless the record falls within the specific exemptions of RCW 42.17.310 or other statute that exempts or prohibits disclosure of specific information or records.

[Statutory Authority: Chapter 47.26 RCW.  91-13-056, 479-02-060, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-02-110
Denial of request.

(1) The executive director shall determine which public records requested in accordance with these rules are exempt under the provisions of RCW 42.17.310 or other statute.

(2) Each denial of a request for a public record shall be accompanied by a written statement to the person requesting the record clearly specifying the reasons for denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.  

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, 479-02-110, filed 1/30/95, effective 3/2/95; 91-13-056, 479-02-110, filed 6/17/91, effective 7/18/91.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 479-02-020 Definitions.
WAC 479-02-030 Exempted records.

OTS-3404.2

Chapter 479-05 WAC

PROGRAM REQUIREMENTS


NEW SECTION
WAC 479-05-010
Time and place for submission of proposed transportation improvement board projects.

Prospectuses for predesign or design phase shall be requested by the board after:

(1) Submitted project applications have been evaluated as to priority;

(2) The legislative appropriation authority has been reviewed and capacity to authorize additional projects determined.

Prospectuses for predesign phase or design phase shall be received by the board by the first day of the month preceding the month in which project authorization is proposed unless a later receipt is approved by the director.

Prospectuses for the construction phase shall be received by the twentieth day of the month preceding the month in which construction project authorization is proposed unless a later receipt date is approved by the director.

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NEW SECTION
WAC 479-05-020
Six-year transportation programs for urban areas.

The six-year transportation programs of agencies required, respectively, by RCW 35.77.010, 36.81.121 and 35.58.2795 must have proposed transportation improvement board projects included prior to board approval of funds.

A copy of the six-year transportation program including the proposed projects to be approved shall be submitted to the board along with a copy of the resolution of the city or county adopting such program.

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NEW SECTION
WAC 479-05-030
Six-year financial plan.

At the beginning of each fiscal year the board shall update its six-year financial plan to determine the amount of estimated revenue to be available for new project starts in the ensuing biennium. The estimate of funds for new project starts shall take into consideration projects approved by the board for the design phase where construction funding approval is pending.

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NEW SECTION
WAC 479-05-040
Value engineering study requirements.

Value engineering studies shall be required in accordance with the policy adopted by the board.

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NEW SECTION
WAC 479-05-050
Procedures for project approval.

Predesign, design proposals and related construction projects authorized by the board for financial assistance shall be selected for authorization based upon the following factors:

The proposed project scope shall include improvements that will address or mitigate the items for which the project was selected.

The board shall evaluate the project scope and may reduce the project scope if the scope exceeds that which is necessary to address or mitigate items.

The following factors relative to each project, in addition to other factors required by law, shall be evaluated:

(1) Each project shall be evaluated on the availability and source of matching funds.

(2) Construction prospectuses for projects previously approved for design and right of way funding by the board shall be required to be accompanied by the following information demonstrating the readiness of the project to be placed under contract for construction.

(a) A certification from the legislative body or other designated responsible official, of the administering agency, that an environmental impact analysis has been conducted and an environmental impact statement including the conformity with the state and Federal Clean Air Acts or negative declaration of environmental impact, as appropriate, has been circulated pursuant to chapter 43.21C RCW, and that the results have been utilized in arriving at the decisions reflected in the prospectus for the construction project.

(b) A certification that all right of way required for the project is available or if right of way remains to be acquired that the agency has obtained a possession and use agreement on the parcels in question.

(c) A certification from the legislative body that the project is completely designed and ready to be advertised for bids.

(d) The date the project will be advertised for bids.

(e) Each construction project prospectus shall identify changes between the scope of work of the proposed project and the work contemplated in the current six-year transportation program or the project design prospectus. An explanation and justification for such changes shall also be included.

(f) The board shall consider adjustments to the amount previously requested in accordance with the board's rule on increases in transportation improvement board funds.

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NEW SECTION
WAC 479-05-060
Methods of construction.

All construction by agencies using board funds shall be advertised, competitively bid and contracted, except:

(1) Utility and railroad relocations and adjustments; and

(2) Installation of traffic control devices, if accomplished by the personnel of the agency.

A competitive bid is not required for projects which meet the requirements of chapters 36.77, 35.22, 35.23, and 35.27 RCW.

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NEW SECTION
WAC 479-05-070
Registered engineer in charge.

All construction projects using transportation improvement board funds shall be planned, designed, and constructed under the supervision of a professional engineer registered in the state of Washington.

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NEW SECTION
WAC 479-05-080
Standard specifications.

The current edition of the Standard Specifications for Road, Bridge, and Municipal Construction or equivalent, shall be included in any contract entered into by an agency using board funds.

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NEW SECTION
WAC 479-05-090
Design standards for transportation improvement board projects.

All transportation improvement board funded projects shall be prepared using currently applicable design standards.

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NEW SECTION
WAC 479-05-100
Utility and railroad adjustments and relocations.

Utility and railroad adjustments and relocations may be performed by negotiated contract with the owner of those facilities. The administering agency shall review and approve a written statement that includes the items of work and an estimate of cost prepared by the utility or railroad for the work required as a result of the improvement. Updated statements of items of work and estimates of cost may be reviewed and approved by the administering agency. All costs of utility and railroad adjustments, as finally approved by the administering agency, shall be subject to audit. If federal aid highway funds are included in the project, the negotiated contract shall include the applicable provisions of federal Highway Administration policies and procedures prescribed in 23 C.F.R. 140, 23 C.F.R. 645 and 23 C.F.R. 646, Federal Aid Policy Guide.

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NEW SECTION
WAC 479-05-110
Undergrounding utilities.

Board funds may be used in the actual, necessary costs of relocating utility or other service facilities resulting from an approved project when:

(1) The local agency administering the project directly incurs such costs; or

(2) The local agency administering the project is obligated by law or by previously established and documented policies and practices for such costs.

Board funds may be used in the costs to underground service connections for street illumination and traffic signal services within the prescribed limits of the approved project.

The board funds used in the costs of relocating utility or other service facilities, other than service connections for street illumination and traffic signal services within the prescribed limits of the approved project, shall be further limited as follows:

(a) Where a local agency requires that existing overhead facilities be placed underground, board funds shall be limited. The board considers this type of improvements to be aesthetic in nature as is landscaping, therefore, the cost involved in undergrounding the utility facilities, in excess of the estimated cost to relocate them overhead, will be included within the three percent allowance for landscaping costs.

(b) If utility lines or other service facilities are already underground, board funds may be used in the costs of replacing such facilities on an underground basis.

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NEW SECTION
WAC 479-05-120
Traffic control devices.

Traffic control devices included in a participating project may be installed by the employees and with the equipment and materials of the local governmental units subject to the limits of RCW 35.22.620(3), 35.23.352(1), and 36.77.065(3): Provided, That the basis for payment of board funds is reimbursement of the appropriate portion of actual cost of such work, subject to audit.

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NEW SECTION
WAC 479-05-130
Project landscaping.

Board funds may be used at the appropriate matching ratio in the cost of landscaping and the use of other plantings and supporting materials within the project right of way to a maximum of three percent of the total authorized project costs: Provided, That requests for increases in the authorized amount of board funds to cover landscaping and related costs shall be considered jointly with other cost increases and approval of all such requests shall be limited to the amount authorized by WAC 479-05-250 to be approved by the director. Erosion control treatment shall not be considered a part of landscaping costs.

The three percent limitation for landscaping and related costs shall not affect the agency's authority to include landscaping and the use of other plantings or supporting materials in the project in amounts that exceed the three percent limit provided they are paid for solely with funds other than board supplied funds.

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NEW SECTION
WAC 479-05-140
Acquisition of rights of way.

Right of way for board funded projects shall be acquired in accordance with chapter 468-100 WAC.

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NEW SECTION
WAC 479-05-150
Inclusion of bicycle facilities in transportation improvement board projects.

If an eligible agency has a project funded by transportation improvement board funds that includes the construction of bicycle facilities, the agency shall submit its bikeway plan to the board in map form along with the agency's verification that the plan has been reviewed with, and approved by, the agency's legislative body.

The proposed bicycle facility shall be in accordance with definitions, criteria, and design standards shown in Chapter 1020 of the Washington Department of Transportation Design Manual.

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NEW SECTION
WAC 479-05-160
Reimbursable costs.

Project costs eligible for reimbursement from the account shall be those proper and allowable costs incurred on a project after the project is authorized by the board except as provided by the following:

Reimbursement of right of way acquisition costs are eligible within the design phase of the project. In the event the project is not built, those funds expended for right of way shall be refunded to the board.

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NEW SECTION
WAC 479-05-170
Reimbursable costs for engineering.

Design and construction engineering costs eligible for reimbursement shall be limited to twenty-five percent of the approved contract bid amount including adjustments for change orders and actual quantity amounts during construction and agency force construction. Exceptions to the twenty-five percent engineering limit may be considered by the board. Agency costs for value engineering and other special studies and right of way appraisals and acquisition costs will not be used to determine the amount subject to the limit.

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NEW SECTION
WAC 479-05-180
Direct costs.

Direct costs eligible for board participation are those costs which are directly attributable to a specific project and shall include:

(1) Direct labor (engineering and/or construction) including related employee benefits:

(a) Salaries and wages (at actual or average rates) covering productive labor hours of city and county employees (excluding the administrative organization of the operating unit involved) for periods of time, actively or incidentally engaged in:

(i) Predesign engineering;

(ii) Design engineering;

(iii) Construction engineering;

(iv) Acquisition of rights of way; and

(v) Actual construction activities are considered a direct cost of construction projects.

The cost of services rendered by employees generally classified as administrative are considered a direct cost only when such employees are assigned for short periods of time to perform on a full time basis the types of services described above and when similar procedures are followed for nonboard projects.

(b) Employee benefits relating to direct labor are considered a direct cost of construction projects. The following items may be included as employee benefits:

(i) F.I.C.A. (Social Security) - employer's share;

(ii) Retirement benefits;

(iii) Hospital, health, dental and other welfare insurance;

(iv) Life insurance;

(v) Industrial and medical insurance;

(vi) Vacation;

(vii) Holiday;

(viii) Sick leave;

(ix) Military leave and jury duty.

Employee benefits shall be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs shall be based upon the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations.

(2) Contract engineering services.

(3) Right of way acquisition costs including:

(a) Purchase of land and easements acquired for and devoted to the project;

(b) Purchase of improvements;

(c) Adjustment or reestablishment of improvements;

(d) Salaries, expenses or fees of appraisers, negotiators or attorneys;

(e) Removal or demolition of improvement;

(f) Other direct costs in connection with the acquisition. Amounts received from the sale of excess real property or improvements and from any rentals shall be a reduction of the direct cost.

(4) Contract construction work, and/or capital equipment acquisition approved by the board.

(5) Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county owned equipment, at the rental rates established by the city's or county's "equipment rental and revolving fund" following the methods prescribed by the division of audit: Provided, That such costs shall be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities which may not use this type of fund shall be allowed the same rates as used by the department of transportation.

(6) Direct materials and supplies. The cost of materials used in projects shall be based upon methods prescribed for the "equipment rental and revolving fund" by the division of audit.

(a) An overhead rate or "loading factor" shall not be considered an appropriate additive to the actual cost of materials and supplies used on construction projects unless the factor is readily and properly supportable by the governmental unit's accounting records.

(b) The cost, or reasonable estimate thereof, of materials paid for as contract estimate items, but not used, shall be considered a reduction of direct costs.

(7) Interdepartmental charges for work performed by county or city departments, other than the road or street department, for the benefit of specific construction projects shall be limited to direct costs plus an allocation of indirect costs based upon ten percent of direct labor dollars, excluding employee benefits. Such indirect costs shall be determined by a rate which is readily and properly supportable by the governmental unit's accounting records and shall be the same rate as applied to nonboard projects; however, this rate shall not exceed the indirect cost allocation rate established by the board. If individual units of government do not have such an internal indirect cost allocation rate, the rate predetermined by the board shall be used in determining the amount of indirect costs includable in the total interdepartmental charges.

(8) Other direct costs incurred for materials or services acquired for a specific project shall be eligible for participation by board funds and may include, but shall not be limited to, such items as:

(a) Telephone charges;

(b) Reproduction and photogrammetry costs;

(c) Computer usage;

(d) Printing and advertising.

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NEW SECTION
WAC 479-05-190
Indirect costs.

Indirect costs incurred by an agency for common or joint objectives which include an authorized board funded project, and which are not included in those direct costs set forth and defined in WAC 479-05-190, shall be eligible for board fund participation on a particular project at a rate not to exceed ten percent of direct labor costs.

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NEW SECTION
WAC 479-05-200
Partial or progress payments for project costs.

Participation and payment of board funds to agencies shall be governed by the following:

(1) Board participation. Board funds shall not participate in any cost which is not incurred in conformity with all applicable federal and state law and the rules, regulations and procedures as may be prescribed by the board promulgated in conformity with the statutes.

(2) Project acceptance. Projects for which board funds are requested by the eligible agencies and for which the board has allocated funds will be the subject of a project approval process. The agencies' participation in this process demonstrates acceptance of the conditions to payment of funds, as prescribed by laws and regulations, and the amount of funds to be obligated.

(3) Changes in project work and cost. No material change in the termini, character, or scope of the work on an approved project shall be made without prior concurrence in such changes by the board.

(4) Payments. Eligible agencies are to submit requests for payment of funds claimed to be due on approved projects. Such requests are to be on forms prescribed by the board. Supporting data may be required by the board. Requests for payment may be submitted from time to time as the work progresses and final requests shall be signed and submitted within six months of contract completion. Payment of TIB funds shall at no time exceed the approved amount of the project costs incurred to the date of the payment request.

(5) Compliance with laws and regulations. If an eligible agency has failed to comply with laws and regulations with respect to a project, payment of funds may be withheld on such projects, or approval of additional projects may be withheld until compliance or remedial action has been accomplished by the eligible agency to the satisfaction of the board.

(6) Costs incurred prior to phase approval shall be considered ineligible.

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NEW SECTION
WAC 479-05-210
Record requirements.

All eligible agencies requesting payment of board funds on authorized projects shall have procedures in effect that will provide adequate assurance that payments requested are proper and accurate:

(1) Quantities of complete construction contract work shall be supported by all related source documents upon which payment to the contractor is based. These source documents shall include, but shall not be limited to, tickets for items measured on a weight or volume basis, cross section notes, inspector's diaries, engineering calculations for items measured in place, material tests, shipping invoices for steel, and all other field records normally developed by field engineers to support final quantities paid to contractors. The quantity field record should be summarized so that final pay estimates would lend themselves to comparison with supporting records.

(2) All appraisal reports, record of negotiations with grantors including a negotiator's diary indicating dates of contracts, offers made, and final acceptance by grantor, title insurance documents, transfer documents such as warranty deeds, quit claim deeds, easements, contract and sale documents, shall be maintained.

(3) Daily labor time records, equipment use records, requisitions for materials used, invoices for goods and services, and other invoices shall be maintained. Records shall also be maintained which support employee benefit percentages which are used in calculating amounts charged to construction projects.

(4) All records shall be retained until notification from the board that a project audit is complete or is not required.

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NEW SECTION
WAC 479-05-220
Audits of project records.

Projects shall be audited in accordance with the policy adopted by the board. Project records for each project developed through the use of board funds may be audited to determine that funds paid can be attributed to the project and supported by project records. The audit will determine if there has been compliance with the rules of the board. Projects may be audited by the board at the time of the project completion or at such additional times as may be directed by the director.

The director may, where the cumulative amount of audit exceptions is less than five hundred dollars in board funds, advise the agency that no recovery of funds is requested.

Audit exceptions which the director considers to be significant in relation to board rules or significant in amount to warrant potential recovery of funds, shall be furnished to the administering agency to allow an opportunity to respond in writing to the audit report.

After reviewing the written response, the director shall advise the agency whether any recovery of funds is indicated.

If recovery of board funds is indicated, as determined by the director, or by the board, the agency shall be provided ninety days from the date of the notice from the board to make repayment.

If repayment of funds by the agency is not made within ninety days from the date of the notice from the board, the subject shall be placed before the board for review and action.

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NEW SECTION
WAC 479-05-230
Expenditure schedule of board funds.

Each eligible agency having an approved project shall, when requested by the director, submit an updated schedule of its estimated demand for board funds to the board. This schedule shall be on forms provided by the board and shall include the estimated demand for board funds at least biannually until project completion.

Such estimates shall be differentiated between the design engineering, right of way and construction stages of project development.

Additional information pertaining to estimated demands for board funds by eligible agencies may be requested by the director as required to permit adequate funding of the programs.

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NEW SECTION
WAC 479-05-240
Procedure to request increase in board funds.

The amount of funds approved will be based upon the amount requested at design approval. This amount may be adjusted from the amount shown in the project application with adequate justification. Board fund increases are not approved at predesign phase.

Local agencies may request an increase in funds over the amount set forth in the design phase, at the construction phase, bid opening or contract completion of a project in accordance with the following procedures:

(1) At the construction phase all requests shall be reviewed by the director. The director shall report the findings to the board for its review, consideration and final action. The board shall not grant a request for increase at this phase if:

(a) The requested increase is to pay for an expansion of the scope of the work that is beyond the work required to accomplish the intent of the project as approved at the design phase.

(b) The granting of the request will obligate funding beyond the level acceptable to the board or will in any way adversely affect authorized funds previously approved by the board.

(2) Request for increases at bid opening shall not exceed ten percent of the engineer's estimate submitted to the board at the time the construction phase was approved multiplied by the account matching ratio. Requests for increases at this phase will take priority over design and construction phase approvals. Such requests shall be reviewed by the director and will not be approved if:

(a) The requested increase is to pay for an expansion of the authorized scope of the work; or

(b) If the request is not substantiated and the director determines that the increased funds should have been anticipated by the local agency at the construction phase of the project.

(3) Requests for increases in funds submitted to the board at contract completion shall not exceed the account matching ratio multiplied by the sum of ten percent of the original contract amount up to one million dollars and five percent of the amount in excess of one million dollars. Requests for increases at this phase will take priority over design and construction phase approvals. Such requests shall be reviewed by the director and will not be approved if:

(a) The requested increase is to pay for an expansion of the authorized scope of the work; or

(b) If the request is not substantiated and the director determines that the increased funds should have been anticipated by the local agency at the construction approval phase of the project.

(4) If the director or the board, as the case may be, does not approve the request of a local agency for an increase, the administering agency may:

(a) Proceed with the project, paying for any additional costs with local or other funds; or

(b) Withdraw the request for participation; or, if applicable

(c) Within the authorized amount, and subject to approval by the director, reduce the scope of the project while retaining a usable and functional improvement.

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NEW SECTION
WAC 479-05-250
Review of delayed projects.

The director may contact, in writing, each local agency administering a transportation improvement board-funded project that appears to be delayed when evaluated in relation to the proposed schedule for project development. If the agency does not respond to the inquiry of the director within twenty days explaining why the project is delayed, it shall be placed before the board as a candidate for cancellation as a delayed project.

The written response from the administering agency shall be reviewed to determine if the reason or reasons for the project delay is acceptable. The administrative agency will be advised by certified mail by the director if the delay is for an unacceptable reason. The letter from the director shall advise the local agency that:

(1) The project is delayed for an unacceptable reason;

(2) The local agency has a period of three months from the date of the director's letter to resolve the reason or reasons for delay and to provide evidence to the board that the problems have been resolved. Such evidence shall, if requested by the director, include a time schedule for project development which sets forth project development dates in sufficient detail to permit monthly monitoring of project progress;

(3) If the reason or reasons for delay are not resolved within the specified time period, the project may be placed before the board as a candidate for cancellation.

The administering agency for any project placed before the board as a candidate for cancellation shall be requested to appear before the board to explain the status of the project.

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NEW SECTION
WAC 479-05-260
Recovery of board funds on canceled projects.

Project development costs incurred by an agency on behalf of an authorized project that is subsequently canceled at the request of the agency, or by the board, shall be eligible for participation by board funds if, in the opinion of the board, the agency has pursued the project's development in good faith with a reasonable expectation of completing the project: Provided, That in all projects where the total project cost exceeds the amount of authorized board funds plus local matching funds, board funds shall be recovered in sufficient amount that the percentage of nonrecovered payments in relation to total project costs to the date of cancellation or withdrawal shall not exceed the percentage determined by dividing the total authorized amount of board funds by the most recently determined total project cost.

All board funds previously paid to an agency on behalf of an authorized project as a result of falsification, negligence, or deliberate misrepresentation on the part of the administering agency, in the opinion of the board, shall be repaid to the appropriate account, or a repayment agreement that is acceptable to the board shall be executed between the local agency and the board, within ninety days following cancellation of the specified project by request of the agency or by the board.

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NEW SECTION
WAC 479-05-270
Identification and consideration of surplus funds on authorized board projects.

When requested by the director, by certified mail, each project authorized for financial assistance from the local agency shall review their project to identify probable reductions in project cost in relation to the previously authorized amount of funds. The agency shall review the project to:

(1) Close the project by submitting a final request for payment and summary cost documents if all work has been completed; or

(2) Advise the board of total costs to date, remaining costs necessary to complete the project, and the amount of estimated surplus funds, if any, on the project.

Each response shall be reviewed by the director to determine whether the explanations appear reasonable and whether the agency appears to be pursuing the completion of the project at a reasonable rate. Any project where the agency does not appear to be pursuing the project to completion at a reasonable rate, or fails to submit a final request for payment within six months from the date that all work appears to be complete, shall be referred by the director to the board for appropriate action.

Each agency administering a project that is not considered to be developing to completion at a reasonable rate, or fails to submit a final request for payment within six months when all physical work appears to be completed, shall be notified by the director by certified mail that the project is being scheduled for a hearing before the board at a specified time and place. The agency shall be requested to provide suitable representation to such board meeting to explain the status of the authorized project, the reasons why the project has not been completed and finaled out, the amount of board funds estimated to be required to complete the project, and the resulting surplus in relation to previously authorized board funds.

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NEW SECTION
WAC 479-05-280
Funding shortfall.

If it is determined by the transportation improvement board that the funding in any of the accounts will be insufficient to meet the obligations identified for the selected projects, the transportation improvement board shall have discretion as to the action it will take.

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NEW SECTION
WAC 479-05-290
Over-programming of funds.

The transportation improvement board shall select projects based on its estimate of revenues and expenditures. The transportation improvement board may utilize the principle of over-programming when selecting projects, the degree of such over-programming to be at the discretion of the transportation improvement board for each account and application period.

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OTS-3405.2


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-12-005
Purpose and authority.

RCW 47.26.160 provides that the transportation improvement board shall adopt reasonable rules necessary to implement the urban arterial trust account ((program.  The intent of the urban arterial trust account program is to improve mobility and safety while supporting an environment essential to the quality of life of the citizens of Washington state)).

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, 479-12-005, filed 1/30/95, effective 3/2/95.]


AMENDATORY SECTION(Amending WSR 96-04-015, filed 1/29/96, effective 2/29/96)

WAC 479-12-008
Definitions.

For purposes of implementing the requirements of RCW 47.26.185 relative to the urban arterial trust account, the following definitions shall apply:

(1) ((Board - when board is used in this chapter, it refers to the transportation improvement board.

(2))) UATA - this is the abbreviation for the urban arterial trust account.

(((3) Director - the executive director of the transportation improvement board.

(4) Eligible agencies - the urban arterial trust account eligible agencies are the counties with urban areas, cities within an urban area, and cities with a population of five thousand or above.

(5) Urban area - the term "urban area" as used for the UATA program refers to the portion of a county within the federal urban area boundary as designated by FHWA.

(6) Eligible projects.

(a) Improvements on federally classified arterials.

(b) Improvement involving state highway and transit when they are part of a joint project with eligible agencies.

(c) A project within the federal urban boundary or a project that extends partially or is totally beyond the federal urban boundary and is an extension of a federally classified arterial which connects two other federally classified arterials.

(d) A project that is on the federal functional classification system and in an area that is outside of the federal urban boundary, but has definite urban characteristics as defined by local comprehensive plans.)) (2) AIP - arterial improvement program.

(3) SCP - small city program.

(4) CHAP - city hardship assistance program.

(5) PSMP - pedestrian safety and mobility program.

[Statutory Authority: RCW 4.26.086, 47.26.080 and 82.44.180.  96-04-015, 479-12-008, filed 1/29/96, effective 2/29/96.  Statutory Authority: 1995 c 269 2601.  95-22-056, 479-12-008, filed 10/30/95, effective 11/30/95.  Statutory Authority: Chapter 47.26 RCW.  95-04-072, 479-12-008, filed 1/30/95, effective 3/2/95.]


NEW SECTION
WAC 479-12-011
Programs funded from the urban arterial trust account.

Funds from the urban arterial trust account shall fund the arterial improvement program, the small city program, the city hardship assistance program, and the pedestrian safety and mobility program.

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NEW SECTION
WAC 479-12-100
Intent of the arterial improvement program.

The intent of the arterial improvement program is to improve mobility and safety while supporting an environment essential to the quality of life of the citizens of Washington state. Eligible agencies are counties with urban areas, cities and towns within an urban area, and cities with a population of five thousand or greater.

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NEW SECTION
WAC 479-12-110
Priority criteria for arterial improvement program projects.

The transportation improvement board shall evaluate the proposed arterial improvement projects by utilizing the following criteria to prioritize projects.

(1) Safety, improvements to reduce accidents;

(2) Mobility, improvements to increase mobility;

(3) Structural condition of the roadway, improvements to the roadway surface;

(4) Roadway widths, improvements to widen substandard lanes and shoulders and adding sidewalks;

(5) Multimodal, improvements for a variety of transportation modes such as transit, bicycle, trucks, etc.;

(6) Project cost, improvements with lower cost in relationship to traffic and length;

(7) Other, consideration given to agencies that show initiative to improve their local transportation system in various ways.

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NEW SECTION
WAC 479-12-120
Establishing regions for arterial improvement program.

For the purpose of apportioning arterial improvement program funds, the counties of the state are grouped within five regions of the state as follows:

(1) Northeast region shall include eligible agencies within the counties of Adams, Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.

(2) Southeast region shall include eligible agencies within the counties of Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla Walla, and Yakima.

(3) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(4) Northwest region shall include eligible agencies within the counties of Clallam, Island, Jefferson, Kitsap, San Juan, Skagit, and Whatcom.

(5) Southwest shall include eligible agencies within the counties of Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania, Thurston, and Wahkiakum.

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NEW SECTION
WAC 479-12-130
Apportionment of funds to arterial improvement program regions.

Beginning 1995, every four years, the board shall determine the distribution formula to apportion unobligated arterial trust account funds to each urban region. The distribution formula shall be defined in the following manner:

(1) One-third of the ratio shall be the population the urban areas of each region bears to the total population of all urban areas of the state as last determined by the office of financial management;

(2) One-third of the ratio shall be the vehicle to mile ratio traveled on the classified arterial system within the urban areas of each region, compared to the total vehicle to mile ratio traveled on all classified urban arterial systems;

(3) One-third of the ratio shall be an actual or historical indicator of needs within the region as determined by the board.

The distribution of funds within each region shall be administered so as to permit complete arterial improvement program projects in each arterial classification to be authorized and funded.

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NEW SECTION
WAC 479-12-140
Eligible arterial improvement program projects.

Eligible projects are:

(1) Improvements on federally classified arterials;

(2) Improvement involving state highway and transit when they are part of a joint project with eligible agencies;

(3) Within the urban growth area in counties which are in full compliance with Washington state's Growth Management Act;

(4) Within the Federal Aid Urban Boundary for those counties that are in the process, but have not formally adopted urban growth areas; or

(5) Projects which have definite urban characteristics as defined by local comprehensive plans.

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NEW SECTION
WAC 479-12-150
Matching ratios for arterial improvement program projects.

Urban arterial trust account funds for local agency arterial projects shall be matched in accordance with the following scheduled percentage of the total project cost.

City with a population less than 10,000 or a county with a population less than 70,000 - 10% match.

City with a population from 10,000 to 14,999 or a county with a population from 70,000 to 210,000 - 15% match.

City with a population from 15,000 and up or a county with a population over 210,000 - 20% match.

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NEW SECTION
WAC 479-12-200
Intent of the small city program.

The intent of the small city program is to preserve and improve the roadway system in a manner that is consistent with local needs. An eligible agency is a city or town that has a population less than five thousand.

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NEW SECTION
WAC 479-12-210
Priority criteria for small city program projects.

The board will use the following criteria to prioritize proposed small city account projects:

(1) Structural ability to carry loads (pavement condition);

(2) Roadway width;

(3) Safety; and

(4) Other factors: Criteria deemed appropriate by the board on a case-by-case basis.

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NEW SECTION
WAC 479-12-220
Establishing regions for small city program.

For the purpose of apportioning urban arterial trust account funds to the small city program, the counties of the state are grouped within three regions as follows:

(1) East region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

(2) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(3) West region shall include eligible agencies within the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

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NEW SECTION
WAC 479-12-230
Apportionment of funds to small city program regions.

Of the funds obligated to the small city program, the amount apportioned to projects in a region will be within plus or minus five percent of the ratio which the population of cities under five thousand in a region bears to the state-wide population for cities under five thousand as last determined by the office of financial management.

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NEW SECTION
WAC 479-12-240
Eligible small city program projects.

Incorporated areas outside federal designated urban areas shall be required to identify their streets as either arterials or local access. An arterial shall be defined by at least one of the following standards:

(1) Serves as the logical extension of a county arterial into the corporate boundary; or

(2) Serves as a route connecting local (traffic) generators such as schools, medical facilities, social centers, recreational areas, commercial centers, or industrial sites within the corporate boundary; or

(3) Acts as a bypass or truck route to relieve the central core area.

Streets failing to qualify under these standards for arterials are not eligible for small city account funds.

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NEW SECTION
WAC 479-12-250
Matching requirements for small city program projects.

There will be no local agency matching requirements for cities with a population of five hundred or less. Those agencies with a population over five hundred must provide a minimum local match of five percent.

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NEW SECTION
WAC 479-12-260
Increases in small city program projects.

An increase in the amount of small city program funds for a project may be requested in accordance with the provisions of WAC 479-05-250, except, where in the board's judgment at project completion, ten percent of unexpected project costs would create an undue financial burden on the agency, the board may elect to fund all or a portion of the unexpected cost.

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NEW SECTION
WAC 479-12-300
Intent of the city hardship assistance program.

RCW 47.26.164, provides that the transportation improvement board shall adopt reasonable rules necessary to implement the city hardship assistance program as recommended by the road jurisdiction study. An eligible project is an improvement on a section of roadway that meets the requirements of RCW 47.26.164 and the requirements specified in this chapter. A listing of the roadways eligible for city hardship assistance program funding is included in WAC 479-12-340.

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NEW SECTION
WAC 479-12-310
Priority criteria for city hardship assistance program projects.

The board will use the following criteria to prioritize proposed city hardship assistance program projects:

(1) Structural ability to carry loads (pavement condition);

(2) Deterioration rate for the roadway;

(3) Safety; and

(4) Other factors:

(a) Relationship to other local agency projects;

(b) Extent of previous participation in the program; and

(c) Other criteria deemed appropriate by the board on a case-by-case basis.

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NEW SECTION
WAC 479-12-340
Eligible city hardship assistance program agencies or streets.

Agencies eligible for city hardship assistance program funds are:

(1) Only those cities with a net gain in cost responsibility due to jurisdictional transfers in RCW 47.26.164, which have a population of fifteen thousand or less may participate;

(2) The board is authorized to allocate funds from the city hardship assistance program to cities with a population under twenty thousand to offset extraordinary costs associated with the transfer of roadways other than pursuant to RCW 47.26.164, that occur after January 1, 1991.

The following cities or towns are eligible for city hardship assistance program funding: Clarkston, Old SR 128, 0.13 Miles, SR 12 to Poplar Street; Kelso, Old SR 431, 0.90 Miles, SR 5 to Cowlitz Way; Kelso, Old I-5, 1.20 Miles, north end of Coweeman River Bridge to 2,480 feet south of Haussler Road and those sections of Kelso Drive, Minor Road, Grade Street and Kelso Avenue referred to in the memorandum of understanding for this turn back, approximately 2.7 miles; Leavenworth, Old SR 209, 0.11 Miles, SR 2 to 260 feet north of Fir Street; Milton, Old SR 514, 2.46 Miles, Junction SR 99 to 50 feet west of SR 161; Napavine, Old SR 603, 0.79 Miles, 810 feet southwest of Lincoln Street to 8th Avenue West; Pomeroy, Old SR 128, 0.72 Miles, SR 12 to 2,690 feet south of Arlington Avenue; Skykomish, Old SR 2 Spur, 0.16 Miles, SR 2 to Railroad Avenue; Stanwood, Old SR 530, 1.59 Miles, 790 feet north of 86th Drive NW to 740 feet northwest of 72nd Avenue NW; Toledo, Old SR 505, 0.12 Miles, Fifth Street to 210 feet northwest of Sixth Street; Toppenish, Old SR 220, 0.27 Miles, Junction SR 22 to 630 feet east of Linden Road; Vader, Old SR 411, 0.25 Miles, 520 feet south of SR 506 to 1,840 feet south of SR 506; Washougal, Old SR 140, 0.70 Miles, SR 14 to west end of Washougal River Bridge; Winlock, Old SR 603, 0.61 Miles, Walnut Street to 160 feet south of Olequa Creek Bridge; and other cities under 20,000 population could become eligible for turn backs approved after January 1, 1991.

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NEW SECTION
WAC 479-12-350
Matching ratios for city hardship assistance program projects.

There will be no local agency matching requirements for city hardship assistance program funded projects.

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NEW SECTION
WAC 479-12-360
Allowable city hardship assistance program activities.

Unless otherwise approved by the board, city hardship assistance program funding shall be limited to the direct and attributable indirect costs associated with rehabilitation activities on the eligible project. City hardship assistance program funds cannot be used for landscaping. City hardship assistance program funds will not participate in the cost involved with adding lanes or turn lanes.

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NEW SECTION
WAC 479-12-370
City hardship assistance program participation with other funds.

City hardship assistance program funds may be used to fund rehabilitation work associated with the widening of the section of roadway but participation will be limited to the minimum standard or existing lane and shoulder widths. City hardship assistance program funds will be considered local agency funds if they are used in other board funded projects.

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NEW SECTION
WAC 479-12-400
Intent of pedestrian safety and mobility program.

The intent of this program is to enhance and promote pedestrian safety and mobility as a viable transportation choice by providing funding for pedestrian projects that provide access and address system continuity and connectivity of pedestrian facilities.

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NEW SECTION
WAC 479-12-410
Priority criteria for pedestrian safety and mobility projects.

The board will use the following criteria to prioritize proposed urban pedestrian safety and mobility projects:

(1) Pedestrian safety;

(2) Pedestrian movements;

(3) Pedestrian convenience;

(4) Neighborhood impact; and

(5) Project cost.

The board will use the following criteria to prioritize proposed small city pedestrian safety and mobility projects:

(a) Pedestrian safety;

(b) Pedestrian movements;

(c) Economic development; and

(d) Funding partners.

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NEW SECTION
WAC 479-12-420
Establishing regions for the pedestrian safety and mobility program.

For the purpose of apportioning urban arterial trust account funds to the pedestrian safety and mobility program, the counties of the state are grouped within three regions as follows:

(1) East region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

(2) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(3) West region shall include eligible agencies within the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

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NEW SECTION
WAC 479-12-430
Apportionment of funds to pedestrian safety and mobility program regions.

Of the funds obligated to pedestrian safety and mobility projects within urban areas, forty percent will be allocated to projects on a state-wide basis and then, at least fifteen percent will be allocated to projects in the east region, at least fifteen percent to projects in the west region, and approximately thirty percent to projects in the Puget Sound region.

Of the funds obligated to pedestrian safety and mobility projects within small cities, the amount apportioned to projects in a region will be within plus or minus five percent of the ratio which the population of cities under five thousand in a region bears to the state-wide population for cities under five thousand as last determined by the office of financial management.

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NEW SECTION
WAC 479-12-440
Eligible pedestrian safety and mobility projects.

Minimum project requirements are:

(1) An urban pedestrian safety and mobility project must be on a pedestrian route with linkages to a functionally classified route. Small city pedestrian safety and mobility projects must be on or related to a street on the board approved arterial system;

(2) Primary purpose of the project is transportation;

(3) Urban agency matching funds cannot be less than twenty-percent;

(4) For small city pedestrian safety and mobility project there will be no local agency matching requirements for cities with a population of five hundred or less. For those agencies with a population over five hundred, but less than five thousand, there will be a minimum local match requirement of five-percent;

(5) This program will not participate in the cost of right of way acquisition;

(6) Maximum board participation for a project is specified by the board;

(7) No increases are given on urban projects; and

(8) All projects must be completed within two years of board selection.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 479-12-010 Data to be submitted on proposed projects.
WAC 479-12-020 Time and place for submission of proposed urban arterial trust account projects.

OTS-3406.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-13-010 Six-year transportation programs for urban areas.
WAC 479-13-011 Priority criteria for urban arterial trust account projects.
WAC 479-13-025 Six-year financial plan.
WAC 479-13-035 Value engineering study requirements.
WAC 479-13-070 Procedures for project approval.

OTS-3407.1

Chapter 479-14 WAC

SUBMISSION OF PROPOSED TRANSPORTATION IMPROVEMENT ACCOUNT PROJECTS TO TRANSPORTATION IMPROVEMENT BOARD


NEW SECTION
WAC 479-14-005
Purpose and authority.

RCW 47.26.084 and 47.26.086 provides that the transportation improvement board shall adopt reasonable rules necessary to implement the transportation improvement account.

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NEW SECTION
WAC 479-14-008
Definitions.

For purposes of implementing the requirements of RCW 47.26.185 relative to the transportation improvement account, the following definitions shall apply:

(1) TIA - Transportation Improvement Account.

(2) TPP - Transportation Partnership Program.

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NEW SECTION
WAC 479-14-010
Programs funded from the transportation improvement account.

Funds from the transportation improvement account shall fund the transportation partnership program.

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NEW SECTION
WAC 479-14-100
Intent of the transportation partnership program.

The intent of the program is to improve mobility of people and goods in Washington state by supporting economic development and environmentally responsive solutions to our state-wide transportation system needs. Eligible agencies are counties that have an urban area, all cities with a population of five thousand or more, and transportation benefit districts.

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NEW SECTION
WAC 479-14-110
Priority criteria for the transportation partnership program.

The following criteria shall be utilized by the transportation improvement board to prioritize projects:

(1) The percentage of agency(ies) and private matching funds.

(2) Multimodal solutions for projects including, but not limited to, transit, high occupancy vehicle (HOV) lanes, ferry, high capacity transit/rail, or intermodal facility.

(3) Economic development is encouraged.

(4) Multiagency involvement in projects.

(5) Mobility enhancement by betterment of service level.

(6) Improvements necessitated by existing or foreseeable congestion or safety problems due to economic development or growth.

(7) Other considerations demonstrating improvement of the local transportation system such as traffic demand management or local transportation funding.

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NEW SECTION
WAC 479-14-120
Establishing regions for transportation partnership program.

For the purpose of apportioning TIA funds to the transportation partnership program, the counties of the state are grouped within three regions of the state as follows:

(1) East region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

(2) Puget Sound region shall include eligible agencies within the counties of King, Pierce, and Snohomish.

(3) West region shall include eligible agencies within the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom.

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NEW SECTION
WAC 479-14-130
Apportionment of funds to transportation partnership program regions.

Of the funds in the program, forty percent will be allocated to projects on a state-wide basis and then, at least fifteen percent will be allocated to projects in the East region, at least fifteen percent to projects in the West region, and approximately thirty percent to projects in the Puget Sound region.

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NEW SECTION
WAC 479-14-140
Eligible transportation partnership program projects.

Eligible projects are:

(1) Improvements on federally classified arterials;

(2) Improvement involving state highway and transit when they are part of a joint project with eligible agencies;

(3) Within the urban growth area in counties which are in full compliance with Washington state's Growth Management Act;

(4) Within the Federal Aid Urban Boundary for those counties that are in the process, but have not formally adopted urban growth areas; or

(5) Projects which have definite urban characteristics as defined by local comprehensive plans.

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NEW SECTION
WAC 479-14-150
Designation of lead agency for transportation partnership program projects.

The agencies involved in a multiagency transportation partnership program project shall designate one agency as the lead agency. The lead agency must be a city, county, or transportation benefit district.

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NEW SECTION
WAC 479-14-160
Verification of coordination with planning authority for transportation partnership program projects.

All applications for transportation partnership program funding shall be consistent with the regional transportation plan. In areas of the state where there is no regional transportation planning authority, a letter of verification shall be signed by the chair of the lead agency legislative authority.

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NEW SECTION
WAC 479-14-170
Planning requirements for multiagency transportation partnership program projects.

The board requires joint planning for all transportation partnership program funded multiagency projects. The lead agency shall submit documentation to the board stating that the approving authority of each agency involved in the project has indicated support for the project. In the case of projects that stop at or near a corporate boundary or could affect other transportation agencies' facilities or programs, a copy of a letter requesting review by other affected agencies shall accompany the project application.

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NEW SECTION
WAC 479-14-180
Local/private matching funds on transportation partnership program projects.

Transportation partnership program funds for urban program projects authorized by the board shall be matched by an amount not less than twenty percent of the total cost of the transportation project. Matching funds will be considered to be all contributions other than those provided by the board.

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NEW SECTION
WAC 479-14-190
Certification of local/private matching funds for transportation partnership program projects.

Within one year after board approval of a prospectus for funding and before any transportation partnership program funds are committed to the project, each agency with an interest in the transportation partnership program project shall provide written certification to the board of the pledged percentage of local and/or private funding. Funds allocated to an applicant that does not certify funding within one year after approval may be reallocated by the board.

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OTS-3408.1

Chapter 479-15 WAC

SUBMISSION OF PROPOSED PUBLIC TRANSPORTATION SYSTEMS ACCOUNT PROJECTS TO TRANSPORTATION IMPROVEMENT BOARD


NEW SECTION
WAC 479-15-005
Purpose and authority.

RCW 47.66.010 provides that the transportation improvement board shall adopt reasonable rules necessary to implement the public transportation systems account.

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NEW SECTION
WAC 479-15-008
Definitions.

For purposes of implementing the requirements of RCW 47.66.010 relative to the public transportation systems account, the following definitions shall apply:

(1) PTSA - Public Transportation Systems Account.

(2) PTSP - Public Transportation Systems Program.

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NEW SECTION
WAC 479-15-010
Programs funded from the public transportation systems account.

Funds from the public transportation systems account shall fund the public transportation systems program.

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NEW SECTION
WAC 479-15-100
Intent of the public transportation systems program.

The intent of the program is to ensure that viable multimodal programs are available throughout Washington state. All public transit agencies are eligible to apply for public transportation systems program funds.

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NEW SECTION
WAC 479-15-110
Priority criteria for public transportation systems program.

The following criteria shall be utilized by the transportation improvement board to prioritize projects:

(1) Multimodal solutions;

(2) Mobility enhancements;

(3) Customer satisfaction/safety/security;

(4) Financial;

(5) Economic development;

(6) Environmental responsive solutions; and

(7) Innovative solutions.

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NEW SECTION
WAC 479-15-120
Establishing regions for public transportation systems program.

For the purpose of apportioning public transportation systems funds to the public transportation systems program, the counties of the state are grouped within two regions of the state as follows:

The central Puget Sound region shall include eligible agencies within the counties of King, Kitsap, Pierce, and Snohomish.

The remaining region shall include eligible agencies within the counties of Adams, Asotin, Benton, Chelan, Clallam, Clark, Columbia, Cowlitz, Douglas, Ferry, Franklin, Garfield, Grant, Grays Harbor, Island, Jefferson, Kittitas, Klickitat, Lewis, Lincoln, Mason, Okanogan, Pacific, Pend Oreille, San Juan, Skagit, Skamania, Spokane, Stevens, Thurston, Walla Walla, Wahkiakum, Whatcom, Whitman, and Yakima.

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NEW SECTION
WAC 479-15-130
Apportionment of funds to public transportation systems program regions.

Of the funds obligated to the public transportation systems program, the amount apportioned to projects in a region will be based on the revenue provided by RCW 82.44.150.

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NEW SECTION
WAC 479-15-140
Eligible public transportation systems program projects.

Projects eligible for funding from the public transportation systems program shall be limited to public transportation projects for:

(1) Planning;

(2) Development of capital projects;

(3) Development of high capacity transportation systems as defined in RCW 81.104.015;

(4) Development of high occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;

(5) Public transportation system contributions required to fund projects under federal programs and those approved by the transportation improvement board; and

(6) Commute trip reduction tax credits.

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OTS-3409.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-16-010 Methods of construction.
WAC 479-16-015 Registered engineer in charge.
WAC 479-16-016 Certification of completed work.
WAC 479-16-020 Standard specifications.
WAC 479-16-030 Utility and railroad adjustments and relocations.
WAC 479-16-035 Undergrounding utilities.
WAC 479-16-040 Traffic control devices.
WAC 479-16-045 Project plantings.
WAC 479-16-050 Acquisition of rights of way.
WAC 479-16-060 Design standards for transportation improvement board projects.
WAC 479-16-080 Apportionment of urban arterial trust account fund to regions.
WAC 479-16-085 Funding for pedestrian facilities.
WAC 479-16-098 Inclusion of bicycle facilities in transportation improvement board projects.

OTS-3410.1

Chapter 479-17 WAC

STATE-WIDE COMPETITIVE AND ENHANCEMENT PROGRAMS


NEW SECTION
WAC 479-17-100
Transportation Equity Act for the 21st Century or its successor acts, surface transportation program, state-wide competitive program account -- Eligibility.

(1) Eligibility to apply shall be limited to public agencies.

(2) Programs and projects eligible for funding shall be limited to the following purposes:

(a) Planning;

(b) Preliminary engineering;

(c) Right of way acquisition;

(d) Construction; and

(e) Capital equipment acquisition.

(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington state.

(4) All projects must be regionally significant.

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NEW SECTION
WAC 479-17-200
Transportation Equity Act for the 21st Century or its successor acts, state-wide competitive program account -- Criteria.

(1) Projects selected for funding from the state-wide competitive program account shall be consistent with the following criteria without regard to geographic distribution:

(a) Local, regional, and state transportation plans;

(b) Local transit development plans; and

(c) Local comprehensive land use plans.

(2) The following criteria shall be considered:

(a) Objectives of the Growth Management Act, the High Capacity Transportation Act, the Commute Trip Reduction Act, transportation demand management programs, federal and state air quality requirements, and federal Americans with Disabilities Act and related state accessibility requirements; and

(b) Energy efficiency issues, freight and goods movement, economic development, rural isolation, fish passage, flood mitigation, the leveraging of other funds including funds administered by the transportation improvement board, and safety and security issues.

(3) In addition to the criteria identified in subsections (1) and (2) of this section, the transportation improvement board may choose to identify additional criteria for program and project selection for the state-wide competitive program. Such criteria shall be subject to public meetings as required by federal law, and shall be identified in the application guidelines.

(4) The transportation improvement board shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.

(5) The transportation improvement board shall select projects for the state-wide competitive program and forward the recommended list to the legislature, governor's office, and Washington state department of transportation by February 1st of each year.

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NEW SECTION
WAC 479-17-300
Transportation Equity Act for the 21st Century or its successor acts, enhancement program account -- Eligibility.

(1) Eligibility to apply shall be limited to public agencies.

(2) Programs and projects eligible for funding shall be limited to the following purposes:

(a) Provision of bicycle and pedestrian facilities;

(b) Acquisition of scenic easement;

(c) Scenic or historic highway programs (including tourist and welcome center facilities);

(d) Landscaping and other scenic beautification;

(e) Historic preservation;

(f) Rehabilitation and operation of historic transportation buildings, structures or facilities;

(g) Preservation of abandoned railway corridors;

(h) Control and removal of outdoor advertising;

(i) Archaeological planning and research;

(j) Mitigation of water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;

(k) Establishment of transportation museums.

(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington state.

[]


NEW SECTION
WAC 479-17-400
Transportation Equity Act for the 21st Century or its successor acts, enhancement program account -- Criteria.

(1) Projects selected for funding from the enhancement program account shall be consistent with the following criteria:

(a) Local, regional and state transportation plans;

(b) Local comprehensive land use plans.

(2) The following procedure shall be considered:

(a) Project applications shall be reviewed and regionally prioritized by the regional transportation planning organizations or metropolitan planning organizations and shall be forwarded to the transportation improvement board for selection.

(b) The Washington state department of transportation shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.

(c) The transportation improvement board shall establish priorities to fund regionally significant projects by allocating twenty-five percent of the funds to projects on a state-wide basis and the remaining funds based on population distribution to the regional transportation planning organizations or metropolitan planning organizations.

(d) The transportation improvement board shall select projects for the enhancement program and forward the recommended list to the legislature, governor's office and Washington state department of transportation by February 1st of each year.

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OTS-3411.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-20-007 Matching ratios for urban arterial trust account funds.
WAC 479-20-010 Reimbursable costs.
WAC 479-20-011 Reimbursable costs for engineering.
WAC 479-20-013 Direct costs.
WAC 479-20-016 Indirect costs.
WAC 479-20-020 Partial or progress payments for project costs.
WAC 479-20-025 Record requirements.
WAC 479-20-027 Audits of urban arterial project records.
WAC 479-20-031 Expenditure schedule of urban arterial trust account funds.
WAC 479-20-037 Procedure to request increase in board funds.
WAC 479-20-086 Review of delayed projects.
WAC 479-20-089 Recovery of urban arterial trust funds on canceled projects.
WAC 479-20-095 Identification and consideration of surplus funds on authorized urban arterial trust account projects.

OTS-3412.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-112-001 Purpose and authority.
WAC 479-112-003 Transportation improvement account program intent.
WAC 479-112-0055 Definitions.
WAC 479-112-007 Designation of lead agency for transportation improvement account projects.
WAC 479-112-008 Verification of coordination with planning authority for transportation improvement account projects.
WAC 479-112-009 Planning requirements for multiagency transportation improvement account projects.
WAC 479-112-010 Application for transportation improvement account projects.
WAC 479-112-017 Local/private matching funds on transportation improvement account projects.
WAC 479-112-018 Certification of local/private matching funds for transportation improvement account projects.
WAC 479-112-020 Time and place for submission of proposed TIA projects.

OTS-3413.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-310-010 Purpose and authority.
WAC 479-310-050 Adoption of rules.
WAC 479-310-100 Funds for the city hardship assistance program.
WAC 479-310-150 Definitions.
WAC 479-310-200 Administration costs.

OTS-3414.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-312-010 Eligible agencies and streets.
WAC 479-312-050 Population requirement for eligible agencies.
WAC 479-312-100 Data to be submitted for CHAP project application.
WAC 479-312-150 Six-year transportation plan requirements.
WAC 479-312-200 Other applicable federal, state and local regulations.
WAC 479-312-250 Process and selection criteria for priority array.
WAC 479-312-300 Matching requirements for city hardship assistance program projects.

OTS-3415.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-316-010 Allowable activities.
WAC 479-316-050 Minimum roadway widths.
WAC 479-316-100 Participation with other funds.
WAC 479-316-200 Record requirements.
WAC 479-316-250 Audits of CHAP projects.
WAC 479-316-300 Project plantings on CHAP projects.

OTS-3416.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-320-050 Eligible project costs.
WAC 479-320-100 Eligible costs for engineering.
WAC 479-320-150 Procedure for requesting an increase in authorized amount of city hardship assistance program funds.
WAC 479-320-200 Partial or progress payments for city hardship assistance program costs.

OTS-3417.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-410-010 Purpose and authority.
WAC 479-410-020 Small city account program intent.
WAC 479-410-100 Funds for the small city account program.
WAC 479-410-150 Definitions.
WAC 479-410-160 Classification standards for arterials in small cities.
WAC 479-410-170 Establishing regions for small city account program.
WAC 479-410-180 Allocation of small city account funds to regions.
WAC 479-410-200 Administration costs.

OTS-3418.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-412-020 Time and place for submission of proposed small city account projects.
WAC 479-412-100 Application for small city account projects.
WAC 479-412-150 Six-year transportation plan requirements for small city account projects.
WAC 479-412-200 Other applicable federal, state and local regulations.
WAC 479-412-250 Priority criteria for small city account projects.
WAC 479-412-300 Matching requirements for small city account projects.
WAC 479-412-310 Order of construction funding of small city account projects.

OTS-3419.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-416-010 Methods of construction for small city account projects.
WAC 479-416-015 Registered engineer in charge for small city account projects.
WAC 479-416-016 Certification of completed work for small city account projects.
WAC 479-416-018 Design standards for small city account program projects.
WAC 479-416-020 Standard specifications for small city account projects.
WAC 479-416-030 Utility and railroad adjustments and relocations for small city account projects.
WAC 479-416-035 Undergrounding utilities on small city account projects.
WAC 479-416-040 Traffic control devices on small city account projects.
WAC 479-416-045 Project plantings on small city account projects.
WAC 479-416-050 Acquisition of right of way for small city account program projects.

OTS-3420.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-420-010 Eligible project costs for small city account projects.
WAC 479-420-011 Eligible costs for engineering for small city account projects.
WAC 479-420-013 Direct costs for small city account projects.
WAC 479-420-016 Indirect costs for small city account projects.
WAC 479-420-020 Partial or progress payments for small city account project costs.
WAC 479-420-025 Record requirements for small city account projects.
WAC 479-420-027 Audits of small city account project records.
WAC 479-420-031 Expenditure schedule of small city account funds.
WAC 479-420-037 Procedure for requesting an increase in authorized amount of transportation improvement account funds.
WAC 479-420-086 Review of delayed projects for the small city account program.
WAC 479-420-089 Recovery of small city account funds on canceled projects.
WAC 479-420-095 Identification and consideration of surplus funds on authorized small city account projects.

OTS-3421.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 479-510-060 Application guidelines.
WAC 479-510-076 Funding shortfall.
WAC 479-510-080 Over-programming of funds.
WAC 479-510-110 Central Puget Sound public transportation account -- Eligibility.
WAC 479-510-120 Central Puget Sound public transportation account -- Criteria.
WAC 479-510-210 Public transportation systems account -- Eligibility.
WAC 479-510-220 Public transportation systems account -- Criteria.
WAC 479-510-410 Transportation Equity Act for the 21st Century or its successor acts, surface transportation program, state-wide competitive program account -- Eligibility.
WAC 479-510-420 Transportation Equity Act for the 21st Century or its successor acts, surface transportation program, state-wide competitive program account -- Criteria.
WAC 479-510-500 Financial and payment requirements.

OTS-3482.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-24-010 Purpose.
WAC 479-24-020 Incorporation of the SEPA guidelines adopted by the council on environmental policy.
WAC 479-24-030 Timing of the environmental review process.
WAC 479-24-040 Procedures when consulted.
WAC 479-24-050 Designation of responsible official.
WAC 479-24-070 Designation of lead agency.

OTS-3483.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-113-010 Six-year programs for transportation improvement account projects.
WAC 479-113-011 Priority criteria for transportation improvement account projects.
WAC 479-113-029 Establishing regions for transportation improvement account program.
WAC 479-113-031 Allocation of transportation improvement account funds to regions.
WAC 479-113-035 Value engineering study requirements for transportation improvement account projects.
WAC 479-113-070 Procedures for project phase approval for transportation improvement account projects.

OTS-3484.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-116-010 Methods of construction for transportation improvement account projects.
WAC 479-116-015 Registered engineer in charge for transportation improvement account projects.
WAC 479-116-016 Certification of completed work for transportation improvement account projects.
WAC 479-116-020 Standard specifications for transportation improvement account projects.
WAC 479-116-030 Utility and railroad adjustments and relocations for transportation improvement account projects.
WAC 479-116-035 Undergrounding utilities on transportation improvement account projects.
WAC 479-116-040 Traffic control devices on transportation improvement account projects.
WAC 479-116-045 Project plantings on transportation improvement account projects.
WAC 479-116-050 Acquisition of right of way for transportation improvement account projects.
WAC 479-116-060 Design standards for transportation improvement account projects.
WAC 479-116-070 Funding for pedestrian facilities.
WAC 479-116-080 Inclusion of bicycle facilities in TIB projects.

OTS-3485.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-120-010 Reimbursable costs for transportation improvement account projects.
WAC 479-120-011 Reimbursable costs for engineering for transportation improvement projects.
WAC 479-120-013 Direct costs for transportation improvement account projects.
WAC 479-120-016 Indirect costs for transportation improvement account projects.
WAC 479-120-020 Partial or progress payments for transportation improvement account project costs.
WAC 479-120-025 Record requirements for transportation improvement account projects.
WAC 479-120-027 Audits of transportation improvement account project records.
WAC 479-120-031 Expenditure schedule of transportation improvement account funds.
WAC 479-120-037 Procedure for requesting an increase in authorized amount of transportation improvement account funds.
WAC 479-120-086 Review of delayed projects for the transportation improvement account program.
WAC 479-120-089 Recovery of transportation improvement account funds on canceled projects.
WAC 479-120-095 Identification and consideration of surplus funds on authorized transportation improvement account projects.

Washington State Code Reviser's Office