Date of Adoption: May 7, 2003.

     Purpose: The purpose of the rule is to provide for the corridor and design public hearings that are required by RCW 35.95A.080.

     Statutory Authority for Adoption: RCW 35.95A.050, 35.95A.080.

      Adopted under notice filed as WSR 03-08-041 on April 16 [March 27], 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

May 8, 2003

Ross A. Macfarlane

Director of Legal and

Environmental Affairs

NEW SECTION

     Section One – Corridor Public Hearing. The corridor public hearing will take place before the final commitment by the Board of Directors of the Seattle Monorail Project to a specific route location for any phase of the Seattle Popular Monorail Plan. The Executive Director shall schedule and convene the corridor public hearing to accept public comment regarding the proposed specific route location. The purpose of the public hearing is to provide an opportunity for comment by the public regarding the determination of the need for, and the location of, the particular phase of the monorail route under consideration.

     The Executive Director may hold the corridor public hearing in conjunction with one or more of the public hearings on the draft environmental impact statement for the specific route proposal or as a separate hearing. The Executive Director also has discretion to schedule the corridor public hearing for a regular or special meeting of the Board of Directors. The hearing shall afford members of the public the opportunity to submit written or oral comments on the proposed route location and the social, economic and environmental effects of that location and potential alternate locations, consistent with the Seattle Popular Monorail Plan and enabling legislation. The Executive Director is responsible for preparing a summary of the public comments received for review by the Board of Directors.

     The Executive Director has discretion on the form of public notice provided but shall, at a minimum, provide public notice by posting in a newspaper of general circulation and by posting on the website and at the offices of the Seattle Monorail Project. If the corridor public hearing is scheduled for a regular or special meeting of the Board of Directors, then the notice shall meet all requirements for notice of such meetings in the Washington Open Public Meetings Act.

NEW SECTION

     Section Two – Design Public Hearing. After the Board has made a final commitment to a specific route location for any phase of the Seattle Popular Monorail Project, the Executive Director shall schedule and convene a design public hearing. The design public hearing shall afford an opportunity for the public to comment on the major design features of that specific monorail route. The hearing shall afford the public with an opportunity to present views on the monorail design, and on the social, economic and environmental effects of that design and alternate designs, including people-mover technology.

     In the discretion of the Executive Director, the design public hearing may be scheduled at a regular or special meeting of the Board of Directors or, if the Executive Director deems appropriate, as a separate hearing. The Executive Director shall be responsible for preparing a summary of the public comments received for review by the Board of Directors.

     The Executive Director has discretion on the form of public notice provided but shall, at a minimum, provide public notice by posting in a newspaper of general circulation and by posting on the website and at the offices of the Seattle Monorail Project.

NEW SECTION

     Section Three – Effective Date. This rule shall become effective thirty (30) days after a certified copy of the final rule as adopted by the Board of Directors is filed with the Washington State Code Reviser's Office. After that effective date, the Seattle Monorail Project shall be authorized to utilize excise tax money collected under Chapter 35.95A RCW for the acquisition of right-of-way for monorail transportation facilities and for construction of monorail transportation facilities in separate rights-of-way.

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