WSR 03-12-009

PROPOSED RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed May 22, 2003, 1:47 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-08-038.

Title of Rule: Project development and miscellaneous housekeeping changes.

Purpose: Revise regional distribution of urban pedestrian safety and mobility program funds, revise small city program increase rules, and make miscellaneous housekeeping changes.

Statutory Authority for Adoption: Chapter 47.26 RCW.

Summary: Removes references to obsolete financial accounts, removes references to project milestones that are no longer utilized, revise the way funds are distributed in the urban pedestrian safety and mobility program, and repeal WAC 479-12-260 so small city program increases can be treated in accordance with WAC 479-05-240.

Reasons Supporting Proposal: Proposed changes were developed after a lengthy review process. Changes simplify project development and management.

Name of Agency Personnel Responsible for Drafting: Richard Struna, 505 Union Avenue S.E., Olympia, WA 98501-1428, (360) 586-1155; Implementation and Enforcement: Stevan Gorcester, 505 Union Avenue S.E., Olympia, WA 98501-1428, (360) 586-1139.

Name of Proponent: Washington State Transportation Improvement Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: 1. The urban pedestrian safety and mobility program distributes a portion of its funds to "projects of statewide significance." The proposed changes would distribute these funds regionally based on population.

2. WAC 479-12-260 Increases in small city program projects is repealed. Increases on projects funded from the small city program will be treated in accordance with existing WAC.

3. Remaining changes are housekeeping in nature.

Proposal Changes the Following Existing Rules: 1. Urban pedestrian safety and mobility funds will be distributed regionally, removing references to a portion of funding for "projects of statewide significance."

2. While WAC 479-12-260 will be repealed, increases in small city program projects will be treated in accordance with existing WAC.

3. Remaining changes delete reference to obsolete financial accounts.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Transportation Improvement Board funding is offered only to local governments. Proposed changes do not affect the level of funding.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Red Lion Hotel Vancouver at the Quay, 100 Columbia Street, Vancouver, WA 98660, on July 25, 2003, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Eileen Bushman by July 18, 2003.

Submit Written Comments to: Stevan Gorcester, Executive Director, P.O. Box 40901, Olympia, WA 98504-0901, fax (360) 586-1165, by July 18, 2003.

Date of Intended Adoption: July 25, 2003.

May 16, 2003

Stevan Gorcester

Executive Director


AMENDATORY SECTION(Amending WSR 99-24-038, filed 11/23/99)

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((,)) and the transportation improvement account((, and public transportation systems account)). The board evaluates petitions requesting any additions to or deletions from the state highway system and forwards recommendations to the legislature. ((The board selects projects for the STP statewide 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: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-01-010, filed 11/23/99, effective 12/24/99. 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 99-24-038, filed 11/23/99)

WAC 479-01-050   Administration costs.   The board costs for necessary staff services and facilities that are attributable to the urban arterial trust account((,)) and the transportation improvement account((, and public transportation systems account)) shall be paid ((in proportion to the anticipated expenditures of the accounts)) as determined by the biennial appropriation.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-01-050, filed 11/23/99, effective 12/24/99. Statutory Authority: 1995 c 269 2601. 95-22-056, 479-01-050, filed 10/30/95, effective 11/30/95.]


AMENDATORY SECTION(Amending WSR 99-24-038, filed 11/23/99)

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.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-010, filed 11/23/99, effective 12/24/99.]


AMENDATORY SECTION(Amending WSR 99-24-038, filed 11/23/99)

WAC 479-05-050   Procedures for project approval.   ((Predesign, d)) 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.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-050, filed 11/23/99, effective 12/24/99.]


AMENDATORY SECTION(Amending WSR 01-19-040, filed 9/14/01)

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)) project application. This amount may be adjusted from the amount shown in the project application with adequate justification. Board fund increases are not approved at ((predesign and)) design phase.

Local agencies may request an increase in funds over the amount set forth in the ((design phase)) application, 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 the amount set by board policy. 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 amount set by board policy. 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.

[Statutory Authority: Chapter 47.26 RCW. 01-19-040, 479-05-240, filed 9/14/01, effective 10/15/01. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-240, filed 11/23/99, effective 12/24/99.]


AMENDATORY SECTION(Amending WSR 99-24-038, filed 11/23/99)

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 statewide 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)) the amount apportioned to projects in a region will be within plus or minus five percent of the ratio which the population of urban areas in a region bears to the statewide population for urban areas as last determined by the office of financial management.

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 statewide population for cities under five thousand as last determined by the office of financial management.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-12-430, filed 11/23/99, effective 12/24/99.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 479-12-260 Increases in small city program projects.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office