WSR 04-24-006

PROPOSED RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed November 19, 2004, 11:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-20-054.

Title of Rule and Other Identifying Information: Proposed changes to local match requirements for transportation projects funded by the transportation partnership program and the arterial improvement program.

Impacts WAC 479-12-150 Matching ratios for arterial improvement program projects and 479-14-180 Local/private matching funds on transportation partnership program projects.

Hearing Location(s): Kitsap Conference Center, 100 Washington Avenue, Bremerton, WA 98337, (360) 377-3785, on January 28, 2005, at 9:00 a.m.

Date of Intended Adoption: January 28, 2005.

Submit Written Comments to: Steve Gorcester, P.O. Box 40901, Olympia, WA 98504-0901, e-mail SteveG@tib.wa.gov, fax (360) 586-1165, by January 21, 2005.

Assistance for Persons with Disabilities: Contact Eileen Bushman by January 21, 2005, phone (360) 586-1146 or e-mail EileenB@tib.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 47.26.260 requires the board to consider the financial resources available to counties and cities when determining matching fund requirements. Currently, two different approaches are used to determine match requirements for the Transportation Improvement Board's (TIB's) two urban programs. The transportation partnership program requires a minimum local match of 20% of the total project cost. The minimum match for the AIP is determined by population and ranges between 10 and 20%. These requirements extend to all incorporated cities with a population of 5,000 or greater and all counties that contain a federal urban area.

Population by itself is not a good indicator of a local agency's ability to provide local match to a transportation project. Under this proposal, smaller to mid-sized agencies will be required to provide a smaller amount of local match. Larger agencies are already required to provide the maximum amount of local match and will not be impacted.

Proposed changes to local match requirements for transportation projects funded by the transportation partnership program and the arterial improvement program would change existing WAC 479-12-150 Matching ratios for arterial improvement program projects and WAC 479-14-180 Local/private matching funds on transportation partnership program projects.

Reasons Supporting Proposal: Historically, the TIB has used population to determine an agency's required match. After studying existing match requirements, the board believes population may not be the most precise indicator of how much local match should be required. Instead of using population to determine match requirements, the TIB is recommending an approach that uses city valuation or county road levy valuation.

Statutory Authority for Adoption: Chapter 47.26 RCW, Development in urban areas -- Urban arterials.

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

Name of Proponent: Transportation Improvement Board, governmental.

Name of Agency Personnel Responsible for Drafting: Richard Struna, 550 Union Avenue S.E., Suite 350, Olympia, WA 98504-0901, (360) 586-1155; Implementation and Enforcement: Steve Gorcester, 550 Union Avenue S.E., Suite 350, Olympia, WA 98504-0901, (360) 586-1139.

No small business economic impact statement has been prepared under chapter 19.85 RCW. TIB funding is only available to local governments. The proposed rule does not impose costs on businesses in an industry.

A cost-benefit analysis is not required under RCW 34.05.328. Proposed rule changes relate only to internal governmental operations that are not subject to violation by a nongovernment party.

November 15, 2004

Richard Struna

Chief Financial Officer

OTS-7656.1


AMENDATORY SECTION(Amending WSR 99-24-038, filed 11/23/99, effective 12/24/99)

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)) by an amount not less than twenty percent of the total cost of the project for cities with a valuation greater than $2.5 billion and counties with road levy valuations greater than $10 billion, an amount not less than fifteen percent of the total cost of the project for cities with valuations between $2.5 billion and $1.0 billion and counties with road levy valuations between $10.0 billion and $3.0 billion, and not less than ten percent of the total cost of the project for cities with a valuation of less than $1.0 billion and counties with road levy valuation of less than $3.0 billion. The board shall use the valuations as last determined by the department of revenue.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-12-150, filed 11/23/99, effective 12/24/99.]

OTS-7657.1


AMENDATORY SECTION(Amending WSR 99-24-038, filed 11/23/99, effective 12/24/99)

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 for cities with a valuation greater than $2.5 billion and counties with road levy valuations greater than $10 billion, an amount not less than fifteen percent of the total cost of the project for cities with valuations between $2.5 billion and $1.0 billion and counties with road levy valuations between $10.0 billion and $3.0 billion, and not less than ten percent of the total cost of the project for cities with a valuation of less than $1.0 billion and counties with road levy valuation of less than $3.0 billion. The board shall use the valuations as last determined by the department of revenue. Matching funds will be considered to be all contributions other than those provided by the board.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-14-180, filed 11/23/99, effective 12/24/99.]

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