WSR 07-11-119

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed May 21, 2007, 11:11 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 136-130-040 Project prioritization in northwest region (NWR), 136-161-080 Limitations on allocations of RATA funds to counties, 136-161-090 Limitations on use of RATA funds, and 136-161-110 Use of other funds to match RATA funds.

Hearing Location(s): County Road Administration Board, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, on July 26, 2007, at 2:00 p.m.

Date of Intended Adoption: July 26, 2007.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, e-mail karen@crab.wa.gov, fax (360) 586-0386, by July 20, 2007.

Assistance for Persons with Disabilities: Contact Karen Pendleton by July 20, 2007, TTY (800) 833-6382 or (360) 753-5989.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 136-130-040 and 136-161-080, changes the maximum RATA contribution in the northwest region; and WAC 136-161-080 and 136-161-090, changes the percentage from 80% to 90% for projects approved by the CRABoard in the northwest region.

Statutory Authority for Adoption: Chapter 36.79 RCW.

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

Name of Proponent: [County road administration board], governmental.

Name of Agency Personnel Responsible for Drafting: Randy Hart, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, (360) 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, (360) 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, (360) 753-5989.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

May 21, 2007

Jay P. Weber

Executive Director

OTS-9724.1


AMENDATORY SECTION(Amending WSR 03-11-046, filed 5/16/03, effective 6/16/03)

WAC 136-161-080   Limitations on allocations of RATA funds to counties.   For any project program period, no county shall receive a RATA fund allocation greater than the following maximum project RATA contribution, or percentage of the forecasted regional apportionment amount:

(1) PSR: No maximum project RATA contribution; 40% limit on percentage of the forecasted regional apportionment amount;

(2) NWR: Maximum project RATA contribution is five hundred thousand dollars, except that on one project for each county there is a maximum RATA contribution of ((seven hundred fifty thousand)) one million dollars; twenty percent limit on percentage of the forecasted regional apportionment amount;

(3) NER: No maximum project RATA contribution; twelve and one-half percent limit on percentage of the forecasted regional apportionment amount;

(4) SWR: No maximum project RATA contribution; fifteen percent limit on percentage of the forecasted regional apportionment amount;

(5) SER: No maximum project RATA contribution; percentage varies by county as follows:


(a) Asotin County ten percent
(b) Benton County fourteen percent
(c) Columbia County eleven percent
(d) Franklin County thirteen percent
(e) Garfield County ten percent
(f) Kittitas County thirteen percent
(g) Klickitat County fourteen percent
(h) Walla Walla County fourteen percent
(i) Yakima County twenty percent

[Statutory Authority: Chapter 36.79 RCW. 03-11-046, 136-161-080, filed 5/16/03, effective 6/16/03; 99-01-021, 136-161-080, filed 12/7/98, effective 1/7/99; 98-09-070, 136-161-080, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. 94-16-111, 136-161-080, filed 8/2/94, effective 9/2/94.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-161-090   Limitations on use of RATA funds.   RATA funds requested and allocated to a project are limited to eighty percent in the NWR for projects approved by the CRABoard on and prior to April 30, 2008, and ninety percent in the NWR for projects approved thereafter, and ninety percent in the PSR, SWR, NER and SER, of the total eligible project development costs, which include preliminary engineering and construction costs in all regions, and right of way costs in the PSR, NWR, NER and SER. Even though additional and eligible project development costs may be incurred by a county for a specific project, the maximum amount of RATA funds for that project is limited to the amount allocated and shown in the CRAB/county contract (see chapter 136-170 WAC), unless the allocation is increased pursuant to chapter 136-165 WAC.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-161-090, filed 12/7/98, effective 1/7/99; 98-09-070, 136-161-090, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. 94-16-111, 136-161-090, filed 8/2/94, effective 9/2/94.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-161-110   Use of other funds to match RATA funds.   A county with an approved RAP project may use any other funds available for such project including federal, other state, private, and local funds, provided that the county will be required to use such other funds to match any RATA funds allocated to the project with a minimum of twenty percent other funds in the NWR for projects approved by the CRABoard on and prior to April 30, 2008, and ten percent other funds in the NWR for projects approved thereafter, and ten percent other funds in the PSR, SWR, NER, and SER.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-161-110, filed 12/7/98, effective 1/7/99.]

OTS-9723.1


AMENDATORY SECTION(Amending WSR 04-05-001, filed 2/4/04, effective 3/6/04)

WAC 136-130-040   Project prioritization in northwest region (NWR).   Each county in the NWR may submit projects requesting RATA funds not to exceed five hundred thousand dollars per project, except that on one project for each county there is a maximum RATA contribution of ((seven hundred fifty thousand)) one million dollars; and forty percent of the forecasted regional apportionment. No bridge replacement projects will be funded. Each project shall be rated in accordance with the NWR RAP reconstruction or 3R rating procedures. NWR RAP reconstruction rating points shall be assigned on the basis of forty points for structural condition, forty points for geometrics, ten points for traffic volume, ten points for traffic accidents, five points for any project on a major collector (07), and ten points for any project on a rural principal arterial (02) or a rural minor arterial (06). Prioritization of NWR projects shall be on the basis of total NWR RAP rating points shown on the project worksheet and the prospectus form of the project application.

NWR RAP 3R rating points shall be assigned on the basis of thirty points for structural condition, twenty points for geometrics, ten points for traffic volume, ten points for traffic accidents, ten points for any project on a minor collector (08), and thirty points for 3R safety. Prioritization of NWR 3R projects shall be on the basis of total NWR 3R RAP rating points shown on the project worksheet and the prospectus form of the project application.

A total of twenty points representing local significance may be added to one project in each county's biennial submittal.

[Statutory Authority: Chapter 36.79 RCW. 04-05-001, 136-130-040, filed 2/4/04, effective 3/6/04; 01-09-077, 136-130-040, filed 4/17/01, effective 5/18/01; 99-01-021, 136-130-040, filed 12/7/98, effective 1/7/99; 98-09-070, 136-130-040, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-130-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-10-022, 136-130-040, filed 4/27/94, effective 5/28/94. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), 136-130-040, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), 136-130-040, filed 7/30/84.]

Washington State Code Reviser's Office