PERMANENT RULES
Date of Adoption: July 25, 2003.
Purpose: Revise regional distribution of urban pedestrian safety and mobility funds, revise small city program increase rules, and make miscellaneous housekeeping changes.
Citation of Existing Rules Affected by this Order: Repealing WAC 479-12-260; and amending WAC 479-01-010, 479-01-050, 479-05-010, 479-05-050, and 479-05-240.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Adopted under notice filed as WSR 03-12-009 on May 22, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 1.
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Repealed 0;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Repealed 0;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 5,
Repealed 1.
Effective Date of Rule:
Thirty-one days after filing.
August 1, 2003
Stevan Gorcester
Executive Director
[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.]
[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.]
(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.]
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.]
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.]
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.]
The following section of the Washington Administrative Code is repealed:
| WAC 479-12-260 | Increases in small city program projects. |