WSR 07-11-138

PROPOSED RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed May 22, 2007, 10:11 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-07-120.

Title of Rule and Other Identifying Information: Amending TITLE 479 WAC, Transportation improvement board.

Hearing Location(s): Red Lion Hotel - Port Angeles, 221 North Lincoln, Port Angeles, WA 98362, (360) 452-9215, on July 27, 2007, at 9:00 a.m.

Date of Intended Adoption: July 27, 2007.

Submit Written Comments to: Rhonda Reinke, P.O. Box 40901, Olympia, WA 98504-0901, e-mail rhondar@tib.wa.gov, fax (360) 586-1165, by July 20, 2007.

Assistance for Persons with Disabilities: Contact Eileen Bushman by July 16, 2007, (360) 586-1146.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update program changes that may include, but not [be] limited to, program name changes deleting programs no longer funded by the transportation improvement board (repealed by passage of I-695), and incorporating policy language into WACs.

Reasons Supporting Proposal: The Administrative Procedure Act, RCW 34.05.010 provides the definitions of agency policy and agency rule. At the advice of our assistant attorney general, it was recommended to incorporate our board policies into WACs since our current board policies are binding requirements (definition of a rule). This provides clear, defined rules for customer agencies to follow and to better understand the legislative intent of the transportation improvement board's programs; helps to establish mandatory standards for customer agencies; maintains the service provided to customer agencies in a consistent manner; and addresses general "housekeeping" issues in order to maintain accuracy.

Statutory Authority for Adoption: RCW 27.26.010 [47.26.010], 47.26.080, 47.26.084, 47.26.086, 47.26.115, 47.26.164, 27.26.340 [47.26.340], and 47.26.345.

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

Name of Proponent: Washington state transportation improvement board, governmental.

Name of Agency Personnel Responsible for Drafting: Rhonda Reinke, P.O. Box 40901, Olympia, WA 98504-0901, (360) 586-1155; Implementation and Enforcement: Stevan Gorcester, P.O. Box 40901, Olympia, WA 98504-0901, (360) 586-1139.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Customers are local government entities.

A cost-benefit analysis is not required under RCW 34.05.328. Not required under RCW 34.05.328(5).

May 22, 2007

Stevan Gorcester

Executive Director

OTS-9712.1


AMENDATORY SECTION(Amending WSR 03-16-077, filed 8/4/03, effective 9/4/03)

WAC 479-01-010   Organization of the transportation improvement board.   The transportation improvement board is a twenty-one member board, organized under the provisions of ((chapter 269, Laws of 1995)) RCW 47.26.121. The board administers the urban arterial trust account ((and)), the transportation improvement account, and the small city pavement and sidewalk account. ((The board evaluates petitions requesting any additions to or deletions from the state highway system and forwards recommendations to the legislature. Board membership is defined in RCW 47.26.121.))

[Statutory Authority: Chapter 47.26 RCW. 03-16-077, 479-01-010, filed 8/4/03, effective 9/4/03. 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, effective 12/24/99)

WAC 479-01-020   The time and place of board meetings.   Regular public meetings of the board are held at least quarterly or more frequently as decided by a majority vote of the board. Regular ((public)) meetings ((of the board shall be)) are held on the fourth Friday of the month ((or the third Friday if)), unless the week of the fourth Friday ((is)) includes a holiday, wherein the board will determine the date of the meeting. Each ((such)) regular meeting ((shall be)) is held at the ((offices of the board in Olympia, Washington, and begin at the hour of 9:00 a.m. or at such other)) time and place as designated by the board. The meeting schedule, for the following calendar year, will be approved at least three months before the beginning of the year.

A special meeting of the board may be called by the chairperson or by a majority of the members of the board((, by delivering personally or by mail)). A written notice to all other board members ((of the board)) is required at least twenty-four hours before the time of ((such)) the meeting ((as specified in the notice)). The notice calling a special meeting ((shall state)) will include:

The purpose for ((which)) the meeting ((is called and));

The date((, hour, and));

The time;

The place ((of such meeting and));

All provisions of RCW 47.26.150 transportation improvement board meetings, and chapter 42.30 RCW ((shall)) otherwise known as the Open Public Meetings Act will apply.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-01-020, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-01-020, filed 1/30/95, effective 3/2/95; 92-12-014, 479-01-020, filed 5/26/92, effective 6/26/92; 90-11-035, 479-01-020, filed 5/10/90, effective 6/10/90; 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), 479-01-020, filed 10/26/83; Order 279, 479-01-020, filed 4/17/73; Order 31 (part), 479-01-020, filed 11/8/67.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-01-030   The address of the board.   ((Persons wishing to obtain information or to make submissions or requests of any kind shall address their correspondence to:)) The official mailing address of the board is:


((Executive Director,)) Transportation Improvement Board

Post Office Box 40901

Olympia, Washington 98504-0901.

[Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-01-030, filed 1/30/95, effective 3/2/95; 90-11-035, 479-01-030, filed 5/10/90, effective 6/10/90; 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), 479-01-030, filed 10/26/83; Order 281, 479-01-030, filed 5/21/73; Order 31 (part), 479-01-030, filed 11/8/67.]


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

WAC 479-01-040   Definitions and acronyms.   ((For purposes of implementing the requirements of RCW 47.26.160 relative to the transportation improvement board,)) The following definitions ((shall)) and acronyms apply:

(1) TIB - the transportation improvement board.

(2) Board - the transportation improvement board refers to the group of board members defined in RCW 47.26.121 and does not include the executive director or staff.

(((2) TIB - the transportation improvement board.))

(3) Director - the executive director of the transportation improvement board.

(4) Staff - refers to the employees of the transportation improvement board excluding the executive director.

(5) Agency - all cities, towns, counties, and ((public transit agencies)) transportation benefit districts eligible to receive board funding.

(((5))) (6) Local agency official refers to a local agency elected official or staff who is authorized to sign contracts on the city, town, county, or transportation benefit district's behalf.

(7) Urban area - ((the term "urban area" as used for the arterial improvement program and the transportation partnership program)) refers to the portion of a county within the federal urban area boundary as designated by ((FHWA)) the Federal Highway Administration and/or Washington state's Growth Management Act.

(8) Six-year transportation plan refers to the city or county six-year transportation plan for coordinated transportation program expenditures per RCW 35.77.010 and 36.81.121.

(9) Small city refers to an incorporated city or town with a population of less than five thousand.

(10) Sidewalk program refers to both the urban and small city sidewalk programs.

(11) Population is defined as office of financial management official published population at the time of application.

(12) Highway urban area population as published by the office of financial management.

(13) Scope change refers to a change in the physical characteristics and/or dimensions of a project.

(14) RJT route jurisdiction transfer.

(15) RTP road transfer program (also known as the City Hardship Assistance Program or CHAP).

(16) UATA urban arterial trust account.

(17) TIA transportation improvement account.

(18) Matching funds all funds contributed to a project other than TIB funds.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-01-040, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-01-040, filed 1/30/95, effective 3/2/95; 90-11-035, 479-01-040, filed 5/10/90, effective 6/10/90.]


AMENDATORY SECTION(Amending WSR 03-16-077, filed 8/4/03, effective 9/4/03)

WAC 479-01-050   ((Administration)) Administrative costs.   The ((board)) costs for ((necessary)) board activities, staff services, and facilities ((that are attributable to the urban arterial trust account and)) will be paid out of the transportation improvement account ((shall be paid)) and the urban arterial trust account as determined by the biennial appropriation.

[Statutory Authority: Chapter 47.26 RCW. 03-16-077, 479-01-050, filed 8/4/03, effective 9/4/03. 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.]


NEW SECTION
WAC 479-01-060   Executive director -- Powers and duties.   The board appoints an executive director who will serve at its pleasure to carry out the board priorities and the mission of the agency including the following administrative duties:

(1) The executive director will direct and supervise all day-to-day activities of the staff.

(2) The executive director is the appointing authority of the staff and may authorize subordinates to act in the executive director's place to carry out administrative duties.

(3) The executive director has waiver authority for value engineering studies as described in WAC 479-05-040.

(4) The executive director has sidewalk deviation authority as described in WAC 479-12-500 and 479-14-200.

(5) The executive director has administrative increase authority for projects up to the following levels:

(a) Urban corridor program fifteen percent of project costs or seven hundred fifty thousand dollars whichever is less.

(b) Urban arterial program fifteen percent of project costs or seven hundred fifty thousand dollars whichever is less.

(c) Small city arterial program up to one hundred twenty-five thousand dollars.

(d) Road transfer program up to seventy-five thousand dollars.

(e) Sidewalk program up to fifty thousand dollars.

(f) Small city preservation program up to two hundred thousand dollars within available funding limitations.

[]

OTS-9675.2


NEW SECTION
WAC 479-05-011   Submission of proposed projects.   A call for projects may be made as the board deems appropriate. Subsequent to a call, a priority array may be adopted. The array will be published and will list all approved applications.

Special funding programs or a special call for projects may be made by the board as funds allow.

[]


NEW SECTION
WAC 479-05-012   Emergent nature project submission and limitations.   An eligible agency may request the transportation improvement board consider a project for funding outside of the normal call for projects. To be considered as emergent nature, a project must demonstrate the following:

(1) There has been a significant change in the location or development of traffic generators in the area of the project.

(2) The work proposed is necessary to avoid or reduce serious traffic congestion in the area of the project in the near future.

(3) A partially funded project that, if completed, would enable a community to secure an unanticipated economic development opportunity.

(4) Other funding sources the local agency has applied for or secured for the project.

(5) The funding of the project would not adversely impact currently funded projects.

The agency may be asked to make a presentation to the board on the project.

[]


NEW SECTION
WAC 479-05-013   Urban project transfer for completion.   If an urban project meets the criteria of both the urban arterial trust account (UATA) and transportation improvement account (TIA), the funding source for the project may be transferred from one account to the other as the board deems necessary to ensure project completion.

[]


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

WAC 479-05-020   Six-year transportation ((programs for urban areas)) plan.   ((The)) Projects selected in the priority array must be included in the local agency's six-year transportation ((programs of agencies required, respectively, by RCW 35.77.010, 36.81.121 and 35.58.2795 must have proposed transportation improvement board projects included)) plan prior to ((board approval of funds)) receiving authorization to proceed on the project.

((A copy of the six-year transportation program including the proposed projects to be approved shall be submitted to the board along with a copy of the resolution of the city or county adopting such program.))

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-020, filed 11/23/99, effective 12/24/99.]


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

WAC 479-05-030   ((Six-year financial plan.)) A registered professional engineer must be in charge.   ((At the beginning of each fiscal year the board shall update its six-year financial plan to determine the amount of estimated revenue to be available for new project starts in the ensuing biennium. The estimate of funds for new project starts shall take into consideration projects approved by the board for the design phase where construction funding approval is pending.)) All projects using UATA or TIA funds will be supervised by a professional engineer registered in the state of Washington.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-030, filed 11/23/99, effective 12/24/99.]


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

WAC 479-05-040   Value engineering study requirements.   A value engineering ((studies shall be)) study is required ((in accordance with the policy adopted by the board)) for urban projects with total cost exceeding two and one-half million dollars or when determined by the executive director to be in the best interest of the project.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-040, filed 11/23/99, effective 12/24/99.]


NEW SECTION
WAC 479-05-041   When a value engineering study may be waived.   If the project meets one of the following criteria, the study is automatically waived:

(1) Project receives less than twenty percent in TIB funds; or

(2) Project is construction only.

The executive director has the discretion to waive the value engineering study requirement if the total project cost is less than five million dollars.

The board has the discretion to waive the value engineering study requirement on any project.

[]


NEW SECTION
WAC 479-05-051   Project phases.   Projects authorized by the board are divided into the following phases:

(1) Design phase documents that must be received prior to phase approval include:

(a) Signed funding status form confirming that the funding partners are fully committed;

(b) Page from the adopted six-year transportation plan which lists the project;

(c) Signed fuel tax agreement; and if applicable

(d) Consultant agreement (small city arterial and small city sidewalk programs only).

(2) Bid phase documents that must be received prior to phase approval include:

(a) Signed bid authorization form that contains:

(i) Plans and specification package;

(ii) Written confirmation of funding partners; and

(iii) Confirmation that full funding is available for the project;

(b) Signed confirmation that right of way is acquired or possession and use agreement is in place;

(c) Engineer's estimate is in final format; and if applicable:

(i) Consultant agreement (small city arterial and small city sidewalk programs only);

(ii) Certification that a cultural resource assessment was completed;

(iii) Traffic signal warrants.

(3) Construction phase documents that must be received prior to phase approval include:

(a) Updated cost estimate form signed by a local agency official and the project engineer;

(b) Bid tabulations; and

(c) Description of cost changes.

(4) Project closeout phase documents that must be received prior to phase approval include:

(a) Updated cost estimate form signed by a local agency official and the project engineer;

(b) Final summary of quantities; and

(c) Accounting history signed by a local agency official or the financial manager.

[]


NEW SECTION
WAC 479-05-052   Project modification and scope change.   The executive director may approve scope changes except the following which require the board's approval:

(1) A change in the project limits with a request for an increase in funding beyond the executive director's administrative authority in WAC 479-01-060;

(2) Adding or decreasing through lanes;

(3) Adding or eliminating grade separations;

(4) Reducing limits greater than one hundred lineal feet;

(5) Inclusion or exclusion of major project element that may be considered a scope change by the executive director; or

(6) Changes to project components that were used to rate the project.

[]


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

WAC 479-05-060   Methods of construction.   All construction ((by agencies)) using ((board)) UATA or TIA funds shall be advertised, competitively bid and contracted, except:

(1) Utility and railroad relocations and adjustments; ((and))

(2) ((Installation of traffic control devices, if accomplished by the personnel of the agency.

A competitive bid is not required for projects which meet the requirements of)) Government force work;

(3) Work eligible from the small works roster; and

(4) Local agencies may be otherwise exempt from bidding requirements if so authorized by an applicable statute contained in chapter((s)) 36.77, 35.22, 35.23, ((and)) or 35.27 RCW.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-060, filed 11/23/99, effective 12/24/99.]


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

WAC 479-05-080   Standard specifications.   The current edition of the Standard Specifications for Road, Bridge, and Municipal Construction or equivalent, ((shall be included in any contract entered into by an agency using)) will be used as the standard for construction of board ((funds)) funded projects.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-080, filed 11/23/99, effective 12/24/99.]


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

WAC 479-05-100   Utility ((and railroad)) adjustments ((and)) or relocations.   Utility ((and railroad)) adjustments ((and)) or relocations may be ((performed by negotiated contract with the owner of those facilities. The administering agency shall review and approve a written statement that includes the items of work and an estimate of cost prepared by the utility or railroad for the work required as a result of the improvement. Updated statements of items of work and estimates of cost may be reviewed and approved by the administering agency. All costs of utility and railroad adjustments, as finally approved by the administering agency, shall be subject to audit. If federal aid highway funds are included in the project, the negotiated contract shall include the applicable provisions of federal Highway Administration policies and procedures prescribed in 23 C.F.R. 140, 23 C.F.R. 645 and 23 C.F.R. 646, Federal Aid Policy Guide)) reimbursed using the following criteria:

(1) If it is a direct cost for utility adjustments that are owned by the local government;

(2) If the utility provider owns the property in fee title; or

(3) If the utility franchise agreement requires the local agency to pay for those utility adjustments or relocations required by state or local government.

Upgrading of utilities is not eligible for reimbursement by UATA or TIA funds.

If the proposed work will cause a significant change in scope, the agency must seek board approval.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-100, filed 11/23/99, effective 12/24/99.]


NEW SECTION
WAC 479-05-101   Railroad adjustments or relocation.   Railroad adjustments or relocations may be reimbursed using the following criteria:

(1) TIB will reimburse the local agency for reasonable and necessary costs.

(2) There is a direct impact within the project limits.

Improvements beyond the necessary replacement costs to mitigate the impacts of the project will not be reimbursed.

[]


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

WAC 479-05-120   Street illumination and traffic control devices.   Traffic control devices ((included in a participating)) for an approved project may be purchased and installed ((by the employees and with the equipment and materials of the local governmental units subject to the limits of)) under RCW 35.22.620(3), 35.23.352(1), and 36.77.065(3) by: ((Provided, That the basis for payment of board funds is reimbursement of the appropriate portion of actual cost of such work, subject to audit.))

(1) The contractor for the construction phase of the project; or

(2) Local agency employees.

UATA or TIA funds may be used in the costs to underground service connections for street illumination and traffic signal services within the approved project scope.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-120, filed 11/23/99, effective 12/24/99.]


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

WAC 479-05-130   Project landscaping and aesthetic improvements.   ((Board funds may be used at the appropriate matching ratio in the cost of landscaping and the use of other plantings and supporting materials within the project right of way to a maximum of three percent of the total authorized project costs: Provided, That requests for increases in the authorized amount of board funds to cover landscaping and related costs shall be considered jointly with other cost increases and approval of all such requests shall be limited to the amount authorized by WAC 479-05-250 to be approved by the director. Erosion control treatment shall not be considered a part of landscaping costs.

The three percent limitation for landscaping and related costs shall not affect the agency's authority to include landscaping and the use of other plantings or supporting materials in the project in amounts that exceed the three percent limit provided they are paid for solely with funds other than board supplied funds.)) Cost of landscaping and aesthetic improvements is limited to three percent of the total eligible authorized project costs.

(1) Landscaping includes:

(a) Cost of trees, shrubs, sod, and other plant material.

(b) Top soil and bark.

(c) Irrigation and tree grates.

(d) Labor for installation.

(2) Aesthetic improvement includes:

(a) Ornamental lighting.

(b) The local agency share of the cost of undergrounding of utilities.

(c) Public art.

(d) Special surfacing treatments (stamped concrete, pavers).

(e) Labor for installation.

(3) Items not considered landscaping or aesthetic improvements are:

(a) Erosion control treatments.

(b) Wetland mitigation (plantings) required by federal or state regulations.

(c) Property restoration.

Requests for increases in landscaping and related costs are subject to WAC 479-05-201, 479-05-202, and 479-05-203. Landscaping costs in excess of the three percent limit may be paid for by funding sources other than TIB funds.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-130, filed 11/23/99, effective 12/24/99.]


NEW SECTION
WAC 479-05-131   Mitigation costs and limitations.   Mitigation costs may include:

(1) Sound walls/berms: Unless required by specific regulations, TIB will not participate in this cost.

(2) Superfund sites: TIB funds will not participate in the cost of cleanup.

(3) Bridges: Bridge designs exceeding the most cost effective are not eligible for participation.

(4) Wetlands: Mitigation in excess of what is required by federal or state requirements is not eligible to be reimbursed.

UATA or TIA funds may not be used for excessive design, mitigation beyond federal or state requirements, or other unusual project features.

[]


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

WAC 479-05-140   Acquisition of rights of way.   Right of way for board funded projects shall be acquired in accordance with chapters 8.26 RCW and 468-100 WAC. Reimbursement of right of way acquisition costs are eligible within the design phase of the project.

At bid phase, right of way acquisitions should be completed and certified. If all right of way cannot be certified, the local agency must have possession and use agreements for the remaining parcels.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-140, filed 11/23/99, effective 12/24/99.]


NEW SECTION
WAC 479-05-141   What is eligible for reimbursement of right of way costs.   Only the square footage needed for the roadway is eligible to be reimbursed, unless:

(1) It is deemed by TIB to be in the best interest of the project to purchase the entire parcel;

(2) An entire parcel take is required by local resolution; or

(3) An uneconomic remnant will remain.

If after the completion of the project, the uneconomic remnant is sold, transferred, or rezoned to make it an economic remnant, the proceeds of any sale will be placed back in the local agency's motor vehicle fund to be used for road improvement purposes only.

In the event the project is not built, TIB funds expended for right of way may be requested to be refunded to the board.

[]


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

WAC 479-05-170   ((Reimbursable costs for)) Reimbursement of engineering costs.   Design and construction engineering costs eligible for reimbursement ((shall be)) are limited to twenty-five percent of the approved contract bid amount ((including adjustments for change orders and actual quantity amounts during construction and agency force construction)), excluding special studies or right of way costs.

Surveying and materials testing costs, even if they are part of the contract costs, are considered part of construction engineering and are subject to the twenty-five percent limit. Exceptions to the twenty-five percent engineering limit may be considered ((by the board)) for small city projects when an unforeseen issue arises that is beyond the control of the local agency. The local agency may request an increase through WAC 479-05-202 processes. ((Agency costs for value engineering and other special studies and right of way appraisals and acquisition costs will not be used to determine the amount subject to the limit.))

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-170, filed 11/23/99, effective 12/24/99.]


NEW SECTION
WAC 479-05-171   Reimbursement of cultural resource assessment costs for TIB funded projects.   If a cultural resource assessment is required by the state department of archaeology and historical preservation, TIB will reimburse the normal costs required for the assessment. The assessment is considered part of design engineering, is not a special study, and not included in the twenty-five percent limitation in WAC 479-05-170.

[]


NEW SECTION
WAC 479-05-201   When an agency may request an increase in TIB funds.   Local agencies may request an increase in funds at the bid, construction, and project closeout phases.

[]


NEW SECTION
WAC 479-05-202   How an agency requests an increase in TIB funds.   Increases in TIB funds may be requested by the lead local agency and submitted to TIB staff through the bid authorization form or updated cost estimate form.

The executive director will consider increase requests up to the levels in WAC 479-01-060.

Increase requests above the executive director administrative authority require board action. The local agency may be asked to prepare and make a presentation to the board justifying the increase.

[]


NEW SECTION
WAC 479-05-203   Criteria the board and the executive director use when reviewing increase requests.   The board and executive director will consider the following when reviewing increase requests:

(1) Whether the granting of the request will obligate funding beyond an acceptable level or will adversely affect authorized funds previously approved by the board.

(2) Whether the request would fund expansion of the scope of work beyond that approved at design phase.

(3) Whether the local agency should have anticipated an increase would be necessary at the outset of the project.

(4) Requests for increases at construction phase will take priority over other phase requests.

(5) Local agency funding partner ability to contribute to the increased costs.

(6) Other criteria on a case-by-case basis.

[]


NEW SECTION
WAC 479-05-204   If an increase is not approved.   An agency request for an increase in funds may go to either the executive director or the board, as described in WAC 479-05-202, depending on the size of the request:

(1) If the executive director hears the request and does not approve it, the local agency may:

(a) Proceed with the project, paying for any additional costs with local or other funds;

(b) Withdraw the request for participation;

(c) Request a formal review of the executive director's decision by the board; or

(d) Submit a request to the executive director to reduce the scope of the project as provided in WAC 479-05-052.

(2) If the board hears the request and does not approve it, the local agency may:

(a) Proceed with the project, paying for additional costs;

(b) Withdraw the request for participation; or

(c) Request a scope modification or reduction as provided in WAC 479-05-052.

In either case, the project will need to retain a usable and functional improvement to be granted a scope reduction.

[]


NEW SECTION
WAC 479-05-211   When a project is considered delayed.   Projects are considered delayed when one of the following occurs:

(1) Urban corridor program projects do not reach construction phase within five years and six months.

(2) Urban arterial program projects do not reach construction phase within four years and six months.

(3) All other programs must reach construction phase within two years and six months.

The date funding is made available to the local agency by TIB is the starting point in calculating the delay date.

[]


NEW SECTION
WAC 479-05-212   The stages of delayed projects.   For TIB funded projects, there are three stages of delay:

(1) Stage 1 delay - if the project does not meet the project target date per WAC 479-05-211.

(2) Stage 2 delay - if the project does not meet the revised bid date as agreed in Stage 1 delay under WAC 479-05-213(1), or one year after Stage 1 delay.

(3) Stage 3 delay - if the project does not meet the revised bid date as agreed to under Stage 2 delay under WAC 479-05-213(2), or one year after Stage 2 delay.

The executive director has discretion when moving projects from one stage of delay to the next and may consider pending bid dates or other indications or impending progress.

[]


NEW SECTION
WAC 479-05-213   Review and consequences of delay.   Delayed projects will be reviewed as follows:

(1) Stage 1 - agency plan letter. The TIB staff report the delayed project to the board at a regularly scheduled board meeting. The executive director requests a letter from the local agency to respond with a progress plan to get back on schedule.

(2) Stage 2 - explanation and commitment. The local agency provides TIB staff with an explanation of why the project continues to be delayed and a commitment date which is acceptable to the executive director or board.

(3) Stage 3 - hearing. If the agency misses the agreed upon date(s) or deadlines set in the Stage 2 review, the agency will be provided a hearing in front of the board at the next regularly scheduled meeting. The result of the hearing will include an absolute date for resolution which is agreed to by the board.

If the local agency does not meet the absolute date for resolution as agreed to by the board in the Stage 3 hearing, the project may be suspended or the agency may be requested to withdraw the project and reapply for funding in a later application cycle.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 479-05-010 Time and place for submission of proposed transportation improvement board projects.
WAC 479-05-050 Procedures for project approval.
WAC 479-05-070 Registered engineer in charge.
WAC 479-05-090 Design standards for transportation improvement board projects.
WAC 479-05-110 Undergrounding utilities.
WAC 479-05-150 Inclusion of bicycle facilities in transportation improvement board projects.
WAC 479-05-160 Reimbursable costs.
WAC 479-05-180 Direct costs.
WAC 479-05-190 Indirect costs.
WAC 479-05-200 Partial or progress payments for project costs.
WAC 479-05-210 Record requirements.
WAC 479-05-220 Audits of project records.
WAC 479-05-230 Expenditure schedule of board funds.
WAC 479-05-240 Procedure to request increase in board funds.
WAC 479-05-250 Review of delayed projects.
WAC 479-05-260 Recovery of board funds on canceled projects.
WAC 479-05-270 Identification and consideration of surplus funds on authorized board projects.
WAC 479-05-280 Funding shortfall.
WAC 479-05-290 Over-programming of funds.

OTS-9660.4

Chapter 479-14 WAC

((SUBMISSION OF PROPOSED)) TRANSPORTATION IMPROVEMENT ACCOUNT PROJECTS ((TO TRANSPORTATION IMPROVEMENT BOARD))


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

WAC 479-14-005   Purpose and authority.   ((RCW 47.26.084 and 47.26.086 provides that)) The transportation improvement board ((shall)) adopts reasonable rules necessary to implement the transportation improvement account.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-14-005, filed 11/23/99, effective 12/24/99.]


NEW SECTION
WAC 479-14-006   Previously funded projects.   Projects are not eligible to compete for funding within the termini limits of a previously funded project for a period of ten years from contract completion. A project that is divided into multiple phases is not considered a previously funded project.

[]


NEW SECTION
WAC 479-14-011   Program funded from the transportation improvement account.   The transportation improvement account funds the urban corridor program.

[]


NEW SECTION
WAC 479-14-111   Who is eligible to receive urban corridor program funding.   Eligible agencies are:

(1) Counties that have an urban area;

(2) Incorporated cities with a population of five thousand or more; and

(3) Transportation benefit districts.

Generally, the eligible agency will be designated as the project lead. However, the executive director may designate another agency as lead in the best interest of project completion or for convenience to both parties.

[]


NEW SECTION
WAC 479-14-121   What projects are eligible for urban corridor program funding.   Eligible projects are:

(1) Improvements on federally classified arterials; or

(2) Within the urban growth area in counties which are in full compliance with Washington state's Growth Management Act.

Any urban street that is not functionally classified at the time of award must obtain functional classification prior to approval to expend board funds.

Sidewalks are required on both sides of the arterial unless a deviation is granted under WAC 479-14-200.

[]


NEW SECTION
WAC 479-14-131   Award criteria for the urban corridor program.   The board establishes the following criteria for use in evaluating urban corridor program grant applications:

(1) Mobility improvements - includes system connectivity, improves flow of vehicles and freight, and extends or completes corridor for network connections.

(2) Local support - demonstrates initiative to achieve full funding and project completion.

(3) Growth and development improvements - provides or improves access to urban centers, economic development, supports annexation agreements, and increases residential density.

(4) Safety improvements - addresses accident reduction, elimination of roadway hazards, corrects roadway deficiencies, and eliminates railroad at-grade crossing.

(5) Mode accessibility - additions to or enhancements of high occupancy vehicle and nonmotorized transportation modes.

[]


NEW SECTION
WAC 479-14-141   Regions of the urban corridor program.   The board allocates urban corridor program funding across three regions to ensure statewide distribution of funds. The three regions are as follows:

(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.

(2) East region includes eligible agencies within Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.

(3) West region includes eligible agencies within Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom counties.

[]


NEW SECTION
WAC 479-14-151   Funding distribution formula for the urban corridor program.   The statewide distribution of urban corridor program funds is allocated between regions according to the following formula:


The average of the ratios of region urban area population (RUP) divided by the statewide urban population (SUP) plus region functionally classified lane miles within the urban area (RFC) divided by statewide functionally classified lane miles within urban areas (SFC).


(RUP/SUP) + (RFC/SFC)
2

The board may adjust the regional allocation by plus or minus five percent to fully fund the approved list of regional projects. When requested by the board, TIB staff will update the regional allocation to ensure equitable distribution of funds.

[]


NEW SECTION
WAC 479-14-161   Matching requirement for the urban corridor program.   The urban corridor program provides funding which will be matched by other funds as follows:

(1) For cities:

(a) If the city valuation is under $1.0 billion, the matching rate is ten percent of total project costs.

(b) If the city valuation is $1.0 billion to $2.5 billion, the rate is fifteen percent of total project costs.

(c) If the city valuation is over $2.5 billion, the rate is twenty percent of total project costs.

(2) For counties:

(a) If the road levy valuation is under $3.0 billion, the rate is ten percent of total project costs.

(b) If the road levy valuation is between $3.0 billion to $10.0 billion, the rate is fifteen percent of total project costs.

(c) If the road levy valuation is over $10.0 billion, the rate is twenty percent of total project costs.

The board uses the current published valuation from the department of revenue.

[]


NEW SECTION
WAC 479-14-200   Sidewalk deviation authorities for urban corridor program.   The board recognizes the need for pedestrian facilities on arterial roadways and has required that sidewalks be provided under the urban corridor program. A sidewalk deviation may be requested by the lead agency and may be granted under the following authorities:

(1) The executive director has administrative authority to grant sidewalk deviations as follows:

(a) On both sides if the roadway is a ramp providing access to a limited access route;

(b) On both sides of a designated limited access facility if:

(i) Route is signed to prohibit pedestrians; or

(ii) Pedestrian facilities are provided on an adjacent parallel route;

(c) On one side if the roadway is a frontage road immediately adjacent to a limited access route; or

(d) On one side if the roadway is immediately adjacent to a railroad or other facility considered dangerous to pedestrians.

(2) All other sidewalk deviation requests require board action.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 479-14-008 Definitions.
WAC 479-14-010 Programs funded from the transportation improvement account.
WAC 479-14-100 Intent of the transportation partnership program.
WAC 479-14-110 Priority criteria for the transportation partnership program.
WAC 479-14-120 Establishing regions for transportation partnership program.
WAC 479-14-130 Apportionment of funds to transportation partnership program regions.
WAC 479-14-140 Eligible transportation partnership program projects.
WAC 479-14-150 Designation of lead agency for transportation partnership program projects.
WAC 479-14-160 Verification of coordination with planning authority for transportation partnership program projects.
WAC 479-14-170 Planning requirements for multiagency transportation partnership program projects.
WAC 479-14-180 Local/private matching funds on transportation partnership program projects.
WAC 479-14-190 Certification of local/private matching funds for transportation partnership program projects.

OTS-9616.2

Chapter 479-12 WAC

((SUBMISSION OF PROPOSED)) URBAN ARTERIAL TRUST ACCOUNT PROJECTS ((TO TRANSPORTATION IMPROVEMENT BOARD))


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

WAC 479-12-005   Purpose and authority.   ((RCW 47.26.160 provides that)) The transportation improvement board ((shall)) adopts reasonable rules necessary to implement the urban arterial trust account.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-12-005, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-12-005, filed 1/30/95, effective 3/2/95.]


NEW SECTION
WAC 479-12-006   Previously funded projects.   Projects are not eligible to compete for funding within the termini limits of a previously funded project for a period of ten years from contract completion. A project that is divided into multiple phases or stages is not considered a previously funded project.

[]


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

WAC 479-12-011   Programs funded from the urban arterial trust account.   ((Funds from)) The urban arterial trust account ((shall)) funds the ((arterial improvement program, the small city program, the city hardship assistance program, and the pedestrian safety and mobility program)) following programs:

(1) The urban arterial program;

(2) The small city arterial program; and

(3) The sidewalk programs:

(a) Urban sidewalk program;

(b) Small city sidewalk program.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-12-011, filed 11/23/99, effective 12/24/99.]


NEW SECTION
WAC 479-12-111   Who is eligible to receive urban arterial program funding.   Agencies eligible to receive urban arterial program funds are:

(1) Incorporated cities with a population of five thousand or greater.

(2) Incorporated cities with a population less than five thousand which are located in a federal urban area.

(3) Counties with a federally designated urban area.

Generally, the eligible agency will be designated as the project lead. However, the executive director may designate another agency as lead in the best interest of project completion or for convenience to both parties.

[]


NEW SECTION
WAC 479-12-121   What projects are eligible for urban arterial program funding.   Eligible projects are improvements located on a route with an urban federal functional classification.

Any urban street that is not functionally classified at the time of award must obtain functional classification prior to approval to expend board funds.

For the urban arterial program, sidewalks are required on both sides of the roadway unless a sidewalk deviation is granted by the executive director or board through WAC 479-12-500.

[]


NEW SECTION
WAC 479-12-131   Award criteria for the urban arterial program.   The board establishes the following criteria for use in evaluating urban arterial program grant applications:

(1) Safety improvements - addresses accident reduction, eliminates roadway hazards, and corrects roadway deficiencies.

(2) Mobility improvements - improves level of service, improves access to generators, and connects urban street networks.

(3) Pavement condition - replaces or rehabilitates street surfaces and structural deficiencies.

(4) Mode accessibility - provides additional high occupancy vehicle lanes, bus volume, or nonmotorized facilities.

(5) Local support - demonstrates initiative to achieve full funding and project completion.

[]


NEW SECTION
WAC 479-12-141   Regions of the urban arterial program.   The board allocates urban arterial program funding across five regions to ensure statewide distribution of funds. The five regions are as follows:

(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.

(2) Northwest region includes eligible agencies within Clallam, Island, Jefferson, Kitsap, San Juan, Skagit, and Whatcom counties.

(3) Northeast region includes eligible agencies within Adams, Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

(4) Southeast region includes eligible agencies within Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla Walla, and Yakima counties.

(5) Southwest includes eligible agencies within Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania, Thurston, and Wahkiakum counties.

[]


NEW SECTION
WAC 479-12-151   Funding distribution formula for the urban arterial program.   The statewide distribution of urban arterial program funds is allocated between regions according to the following formula:

The average of the ratios of region urban area population (RUP) divided by statewide urban population (SUP) plus the region functionally classified lane miles within the urban area (RFC) divided by statewide functionally classified lane miles within urban areas (SFC).

The equation is as follows:


(RUP/SUP) + (RFC/SFC)
2

The board may adjust the regional allocation by plus or minus five percent to fully fund the approved list of regional projects. When requested by the board, TIB staff will update the regional allocation to ensure equitable distribution of funds.

[]


NEW SECTION
WAC 479-12-161   Matching requirement for the urban arterial program.   The urban arterial program provides funding which will be matched by other funds as follows:

(1) For cities:

(a) If the city valuation is under $1.0 billion, the matching rate is ten percent of total project costs.

(b) If the city valuation is $1.0 billion to $2.5 billion, the rate is fifteen percent of total project costs.

(c) If the city valuation is over $2.5 billion, the rate is twenty percent of total project costs.

(2) For counties:

(a) If the road levy valuation is under $3.0 billion, the rate is ten percent of total project costs.

(b) If the road levy valuation is between $3.0 billion to $10.0 billion, the rate is fifteen percent of total project costs.

(c) If the road levy valuation is over $10.0 billion, the rate is twenty percent of total project costs.

The board uses the current valuations from the department of revenue.

[]


NEW SECTION
WAC 479-12-211   Who is eligible to receive small city arterial program funding.   An eligible agency is an incorporated city or town that has a population of less than five thousand.

[]


NEW SECTION
WAC 479-12-221   What projects are eligible for small city arterial program funding.   To be eligible for funding, a proposed project must improve an arterial that meets at least one of the following standards:

(1) Serves as a logical extension of a county arterial or state highway through the city; or

(2) Acts as a bypass or truck route to relieve the central core area; or

(3) Serves as a route providing access to local facilities such as:

(a) Schools;

(b) Medical facilities;

(c) Social centers;

(d) Recreational areas;

(e) Commercial centers;

(f) Industrial sites.

Sidewalks are required on one side of the roadway unless a deviation is granted under WAC 479-12-500.

[]


NEW SECTION
WAC 479-12-231   Award criteria for the small city arterial program.   The board establishes the following criteria for use in evaluating small city arterial program grant applications:

(1) Safety improvement - projects that address accident reduction, hazard elimination, and roadway deficiencies.

(2) Pavement condition - replaces or rehabilitates street surfaces and structural deficiencies.

(3) Local support - projects that improve network development and address community needs.

[]


NEW SECTION
WAC 479-12-241   Regions of the small city arterial program.   The board allocates small city arterial program funding across three regions to ensure statewide distribution of funds. The three regions are as follows:

(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.

(2) East region includes eligible agencies within Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.

(3) West region includes eligible agencies within Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom counties.

[]


NEW SECTION
WAC 479-12-251   Funding distribution formula for the small city arterial program.   The statewide distribution of small city arterial program funds is allocated between regions according to the following formula:

Region small city population divided by statewide small city population.

The board may adjust the regional allocation by plus or minus five percent to fully fund the approved list of regional projects. When requested by the board, staff will update the regional allocations to ensure equitable distribution of funds.

[]


NEW SECTION
WAC 479-12-261   Matching requirement for the small city arterial program.   There is no match requirement for cities with a population of five hundred or less. Cities with a population over five hundred must provide a minimum match of five percent of the total project cost.

[]


NEW SECTION
WAC 479-12-402   Sidewalk program subprograms.   In order to provide equity for project grant funding, the sidewalk program is divided into the urban sidewalk program and the small city sidewalk program.

[]


NEW SECTION
WAC 479-12-411   Who is eligible to receive sidewalk program funding.   Each of the subprograms has separate criteria for agency eligibility as follows:

(1) Urban sidewalk program agency eligibility:

(a) Incorporated cities with a population of five thousand and over.

(b) Incorporated cities with a population less than five thousand which are located within a federally designated urban area.

(c) Counties with a federally designated urban area.

(2) Small city sidewalk program agency eligibility:

Incorporated cities with a population under five thousand.

[]


NEW SECTION
WAC 479-12-421   What projects are eligible for sidewalk program funding.   Minimum project requirements for each subprogram are as follows:

(1) Urban sidewalk program project eligibility:

(a) Must be on or related to a functionally classified route; and

(b) Primary purpose of the project is transportation and not recreation.

(2) Small city sidewalk program project eligibility:

(a) The project must be located on or related to a street within the TIB designated arterial system; and

(b) Primary purpose of the project is transportation and not recreation.

For both of the subprograms, TIB does not participate in the cost for right of way acquisitions.

For the urban sidewalk program, TIB does not provide funding increases.

[]


NEW SECTION
WAC 479-12-431   Award criteria for the sidewalk program.   The board establishes the following criteria for use in evaluating sidewalk program grant applications for both urban and small city sidewalk projects:

(1) Safety improvement - projects that address hazard mitigation and accident reduction.

(2) Pedestrian access - projects that improve or provide access to facilities including:

(a) Schools;

(b) Public buildings;

(c) Central business districts;

(d) Medical facilities;

(e) Activity centers;

(f) High density housing (including senior housing);

(g) Transit facilities;

(h) Completes or extends existing sidewalks.

(3) Local support - addresses local needs and is supported by the local community.

[]


NEW SECTION
WAC 479-12-441   Regions of the sidewalk program.   The board allocates sidewalk program funding across three regions to ensure statewide distribution of funds. The three regions are as follows:

(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.

(2) East region includes eligible agencies within Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.

(3) West region includes eligible agencies within Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom counties.

[]


NEW SECTION
WAC 479-12-451   Distribution formula for the sidewalk program.   For the purpose of allocating funds, the sidewalk program is divided into two subprograms, the urban sidewalk program and the small city sidewalk program. The distribution formulas are as follows:

(1) Urban sidewalk program - the average of the ratios of region urban area population (RUP) divided by statewide urban population (SUP) plus region functionally classified lane miles within the urban area (RFC) divided by statewide functionally classified lane miles within urban areas (SFC).

The equation is as follows:


(RUP/SUP) + (RFC/SFC)
2

(2) Small city sidewalk program - region small city population divided by statewide small city population.

For either program, the board may adjust regional allocations by plus or minus five percent to fully fund the approved list of regional projects. When requested by the board, staff will update the regional allocations to ensure equitable distribution of funds.

[]


NEW SECTION
WAC 479-12-461   Matching requirement for the sidewalk program.   The sidewalk program provides funding which will be matched by other funds as follows:

(1) The urban sidewalk program requires a match of at least twenty percent of total project costs.

(2) Small city sidewalk program matching rates are dependent on the city population as follows:

(a) Cities with a population of five hundred and below are not required to provide matching funds.

(b) Cities with a population over five hundred but less than five thousand, require a match of at least five percent of the total project costs.

[]


NEW SECTION
WAC 479-12-500   Sidewalk deviation authority for urban arterial program and small city arterial program.   The transportation improvement board recognizes the need for pedestrian facilities on arterial roadways and has required that sidewalks be provided under the urban arterial program and small city arterial program. A sidewalk deviation may be requested by the lead agency and may be granted under the following authorities:

(1) The executive director has administrative authority to grant sidewalk deviations as follows:

(a) On one side if the roadway is a frontage road immediately adjacent to a limited access route;

(b) On one side if the roadway is immediately adjacent to a railroad or other facility considered dangerous to pedestrians;

(c) On both sides if the roadway is a ramp providing access to a limited access route; or

(d) On both sides of a designated limited access facility if:

(i) Route is signed to prohibit pedestrians; or

(ii) Pedestrian facilities are provided on an adjacent parallel route.

(2) All other sidewalk deviation requests require board action.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 479-12-008 Definitions.
WAC 479-12-100 Intent of the arterial improvement program.
WAC 479-12-110 Priority criteria for arterial improvement program projects.
WAC 479-12-120 Establishing regions for arterial improvement program.
WAC 479-12-130 Apportionment of funds to arterial improvement program regions.
WAC 479-12-140 Eligible arterial improvement program projects.
WAC 479-12-150 Matching ratios for arterial improvement program projects.
WAC 479-12-200 Intent of the small city program.
WAC 479-12-210 Priority criteria for small city program projects.
WAC 479-12-220 Establishing regions for small city program.
WAC 479-12-230 Apportionment of funds to small city program regions.
WAC 479-12-240 Eligible small city program projects.
WAC 479-12-250 Matching requirements for small city program projects.
WAC 479-12-300 Intent of the city hardship assistance program.
WAC 479-12-310 Priority criteria for city hardship assistance program projects.
WAC 479-12-340 Eligible city hardship assistance program agencies or streets.
WAC 479-12-350 Matching ratios for city hardship assistance program projects.
WAC 479-12-360 Allowable city hardship assistance program activities.
WAC 479-12-370 City hardship assistance program participation with other funds.
WAC 479-12-400 Intent of pedestrian safety and mobility program.
WAC 479-12-410 Priority criteria for pedestrian safety and mobility projects.
WAC 479-12-420 Establishing regions for the pedestrian safety and mobility program.
WAC 479-12-430 Apportionment of funds to pedestrian safety and mobility program regions.
WAC 479-12-440 Eligible pedestrian safety and mobility projects.

OTS-9417.1


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

WAC 479-02-010   Purpose.   The purpose of this chapter shall be to ensure compliance by the ((Washington)) transportation improvement board with the provisions of chapter 42.56 RCW ((42.17.250 through 42.17.348)) dealing with public records.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-02-010, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 91-13-056, 479-02-010, filed 6/17/91, effective 7/18/91.]


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

WAC 479-02-050   Public records officer.   ((The transportation improvement board public records shall be in the charge of the executive secretary who shall be the public records officer for the board. The person so designated shall be officed in the Transportation Improvement Boards office in Olympia, Washington. The public records officer shall be responsible for implementation of the board's rules and regulations regarding release of public records, coordinating staff efforts of the board in this regard and generally ensuring compliance of the staff with the public records disclosure requirements of chapter 1, Laws of 1973.)) The executive secretary is the public records officer for the transportation improvement board. The public records officer is responsible for implementation of the board's rules and regulations regarding release of public records and ensuring compliance with the public records disclosure requirements of chapter 42.56 RCW.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-02-050, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 91-13-056, 479-02-050, filed 6/17/91, effective 7/18/91.]


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

WAC 479-02-060   Public records available.   All public records ((of the board as)) defined in ((chapter 42.17)) RCW 42.17.020 are ((deemed)) available for public inspection and copying ((pursuant to these rules,)) unless the record falls within the specific exemptions of chapter 42.56 RCW ((42.17.310)) or other specific statute ((that exempts or prohibits disclosure of specific information or records)).

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-02-060, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 91-13-056, 479-02-060, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-02-070   Requests for public records.   ((Subject to the provisions of subsection (3) of this section, public records are obtainable by members of the public when those members of the public comply with the following procedures.

(l) A request shall be addressed to the public records officer. Such request shall include the following:)) Public records requests should be sent to the public records officer at the office location using the following procedures:

(1) To ensure accuracy, any requests for public records should be made in writing and may be mailed, e-mailed, faxed, or delivered to the office during business hours.

(2) For prompt response, the following information should be provided in the request:

(a) The name of the person requesting the record((.));

(b) The ((time of day and calendar)) date on which the request ((was)) is made((.));

(c) ((If the matter requested is referenced within the current index maintained by the board, a reference to the requested record as it is described in such current index.

(d) If the requested matter is not identifiable by reference to the board's current index, a statement that identifies the specific record requested.

(e))) A specific description of the material requested;

(d) A verification that the records requested ((shall)) will not be used to compile a sales list or used for commercial ((sales list.

(2) The public records officer shall inform the member of the public making the request whether the requested record is available for inspection or copying at the Transportation Improvement Boards office in Olympia, Washington.

(3) When it appears that a request for a record is made by or on behalf of a party to a lawsuit or a controversy to which the board is also a party or when such a request is made by or on behalf of an attorney for such a party the request shall be referred to the assistant attorney general assigned to the board for appropriate response)) gain;

(e) Instructions as to whether the requestor wants to view the document at the TIB offices, receive a copy by mail, or receive an electronic copy if available.

(3) TIB's public records request form is available on the web site.

[Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-02-070, filed 1/30/95, effective 3/2/95; 91-13-056, 479-02-070, filed 6/17/91, effective 7/18/91.]


NEW SECTION
WAC 479-02-075   Response to requests.   Upon receiving a request, the public records officer will respond within five business days in writing or by e-mail acknowledging receipt of the request and with one or more of the following:

(1) The requested record;

(2) An estimate of the time it will take to provide the record or a schedule for providing the records in installments, including:

(a) An estimate of the copying and shipping costs of the record; and

(b) A request for advanced partial payment of the copy and shipping costs;

(3) A request for further information or identification of the desired public records;

(4) A request for verification that the records requested will not be used to compile a sales list, or that the records will not be sold for commercial gain; or

(5) A denial of the request pursuant to WAC 479-02-110.

[]


AMENDATORY SECTION(Amending WSR 91-13-056, filed 6/17/91, effective 7/18/91)

WAC 479-02-080   Availability ((for public inspection and copying of public records -- Office hours)).   Public records ((shall)) will be available for inspection and copying during the normal business hours of the board. ((For the purposes of this chapter, the)) Normal office hours ((shall be)) are from 8:00 a.m. to 5:00 p.m., Monday through Friday, ((excluding legal)) except state holidays.

[Statutory Authority: Chapter 47.26 RCW. 91-13-056, 479-02-080, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 91-13-056, filed 6/17/91, effective 7/18/91)

WAC 479-02-090   Inspection and copying cost.   (l) No fee ((shall be)) is charged for inspection of public records.

(2) The board ((shall impose)) will charge a reasonable ((charge)) fee for providing copies of public records ((and for the use by any person of agency equipment to copy records; such charges shall not exceed the amount necessary to reimburse the board for its actual costs incident to such copying. Actual costs shall include the labor costs of staff, machine cost and paper cost necessary to provide copies of requested records)) as provided in RCW 42.56.120.

[Statutory Authority: Chapter 47.26 RCW. 91-13-056, 479-02-090, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-02-100   Protection of public records.   ((In order to implement the provisions of RCW 42.17.290, requiring agencies to enact reasonable rules)) To protect public records ((from damage or disorganization)), the following rules have been adopted((.)):

(l) Copying of public documents ((shall)) will be done by ((the board personnel and)) staff or under ((the)) their supervision ((of said personnel, upon the request of members of the public under the procedures set down in WAC 479-02-070)).

(2) ((No document shall be physically removed by a member of the public from the area designated by the board for the public inspection of documents for any reason whatever.

(3) When a member of the public requests to examine an entire file or group of documents, as distinguished from a request to examine certain individual documents which can be identified and supplied by themselves, the board shall be allowed a reasonable time to inspect the file to determine whether information protected from disclosure by RCW 42.17.310, is contained therein, and the board shall not be deemed in violation of its obligation to reply promptly to requests for public documents by reason of causing such an inspection to be performed)) Public documents will not be removed by the requestor.

(3) Inspection of documents will be monitored by staff.

(4) If a request is submitted to examine or copy an entire file or group of documents, the public records officer will review the file and identify any protected records under RCW 42.17.310. A reasonable time to do the review will be given to the public records officer without being in violation of the obligation to reply promptly.

[Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-02-100, filed 1/30/95, effective 3/2/95; 91-13-056, 479-02-100, filed 6/17/91, effective 7/18/91.]


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

WAC 479-02-110   Denial of request.   (((1) The executive director shall determine which public records requested in accordance with these rules are exempt under the provisions of RCW 42.17.310 or other statute.

(2) Each denial of a request for a public record shall be accompanied by a written statement to the person requesting the record clearly specifying the reasons for denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.)) Whenever the record requested clearly falls within the statutory exemptions of chapter 42.56 RCW, or when the exempt status of the record is unclear:

(1) The public records officer will consult with the assistant attorney general to determine if a requested public record is exempt; and

(2) Any denial of a request based upon an exemption will be made by a written statement to the requestor together with specific explanation of the reasons for and how to request a review of the exemption.

[Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-02-110, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-02-110, filed 1/30/95, effective 3/2/95; 91-13-056, 479-02-110, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-02-120   Review of agency denial.   ((Whenever a person objects to a conclusion that)) Denial of a public records ((is exempt from disclosure, the person may)) request ((the attorney general to review the matter)) will be in accordance with RCW ((42.17.325)) 42.56.530.

[Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-02-120, filed 1/30/95, effective 3/2/95; 91-13-056, 479-02-120, filed 6/17/91, effective 7/18/91.]


AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-02-130   Records index.   (((l) The board has available for public inspection and copying at its offices in Olympia a current index of the following records:

(a) State legislation and proposed rules and regulations pertaining to board standards.

(b) Those statements of policy and interpretations of policy, statute and bylaws which have been adopted by the board;)) The public records officer will maintain a current index of board records.

(1) The following list of records is included in the index:

(a) Legislation, rules, and regulations of the board;

(b) Bylaws adopted by the board;

(c) Minutes of board meetings;

(d) Resolutions approved by the board;

(e) ((TIB)) Program guidelines;

(f) Program reports and publications((;

(g) Budgets and expenditures;

(h) TIB project administration and accounting files)).

(2) ((A system of indexing shall be as follows:

(a) The indexing system will be administered by the board's public record officer.

(b) Copies of the index shall be available for public inspection and copying in the manner provided in chapter 479-02 WAC.

(c))) The public records officer ((shall)) will update the index at least once a year ((and shall revise the index)) or when deemed necessary by the ((board)) executive director.

(3) The index will be available for inspection and copying as other public records.

[Statutory Authority: Chapter 47.26 RCW. 95-04-072, 479-02-130, filed 1/30/95, effective 3/2/95; 91-13-056, 479-02-130, filed 6/17/91, effective 7/18/91.]

OTS-9279.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-510-450 Transportation Equity Act for the 21st Century or its successor acts, enhancement program account -- Eligibility.
WAC 479-510-460 Transportation Equity Act for the 21st Century or its successor acts, enhancement program account -- Criteria.

OTS-9278.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-17-100 Transportation Equity Act for the 21st Century or its successor acts, surface transportation program, statewide competitive program account -- Eligibility.
WAC 479-17-200 Transportation Equity Act for the 21st Century or its successor acts, statewide competitive program account -- Criteria.
WAC 479-17-300 Transportation Equity Act for the 21st Century or its successor acts, enhancement program account -- Eligibility.
WAC 479-17-400 Transportation Equity Act for the 21st Century or its successor acts, enhancement program account -- Criteria.

OTS-9277.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 479-15-005 Purpose and authority.
WAC 479-15-008 Definitions.
WAC 479-15-010 Programs funded from the public transportation systems account.
WAC 479-15-100 Intent of the public transportation systems program.
WAC 479-15-110 Priority criteria for public transportation systems program.
WAC 479-15-120 Establishing regions for public transportation systems program.
WAC 479-15-130 Apportionment of funds to public transportation systems program regions.
WAC 479-15-140 Eligible public transportation systems program projects.

OTS-9276.1

Chapter 479-06 WAC

FINANCIAL REQUIREMENTS


NEW SECTION
WAC 479-06-010   Transportation improvement board sixteen-year financial plan.   The board will update its sixteen-year financial plan at the beginning of each fiscal year. The financial plan will include estimated revenue to be available for new project starts in the ensuing biennium based on forecast council's revenue forecast. Other factors included are fund balance, bond debt, interest revenue, legislative appropriation, projected expenditures by program, and any other issues that may impact new project starts.

[]


NEW SECTION
WAC 479-06-020   Reimbursable costs.   Costs must be reasonable and chargeable to the project to be eligible for reimbursement. Project costs eligible for reimbursement are defined as direct and indirect.

[]


NEW SECTION
WAC 479-06-030   Direct costs.   Direct costs eligible for reimbursement are costs that are directly charged to the project and may include:

(1) Agency direct labor and employee benefits:

(a) Salaries and wages of agency nonadministrative employees working directly on the project as documented by payroll records.

(b) Employee benefits are calculated as a percentage of direct labor dollars as set by the board and include:

(i) F.I.C.A. (Social Security) - employer's share;

(ii) Retirement benefits (employer's share of actual cost);

(iii) Hospital, health, dental and other welfare insurance;

(iv) Life insurance;

(v) Industrial and medical insurance.

(c) Employee leave:

(i) Vacation;

(ii) Sick leave;

(iii) Holiday pay;

(iv) Civil leave.

(2) Contract engineering services as specified by a consultant agreement.

(3) Permit fees.

(4) Right of way acquired for the project includes the following costs:

(a) Purchase cost of all property and property rights needed for specific projects in accordance with chapter 8.26 RCW including access rights, easements, losses in property value or damages (if any);

(b) Salaries, expenses, or fees of appraisers, negotiators and attorneys.

(5) Contract construction work.

(6) Project specific capital equipment acquisition approved by the board.

(7) Project specific vehicle and equipment charges will be reimbursed based on the actual rental cost paid for the equipment. If agency owned equipment is used, rental rates established by the agency's "equipment rental and revolving fund" will be reimbursed. All vehicle and equipment costs will be charged the agency standard rate for all projects regardless of the source of funding. Agencies without an equipment revolving fund will be reimbursed based on rates published by department of transportation for similar equipment.

(8) Project specific direct materials, supplies, and services used for projects will be reimbursed based on actual cost.

[]


NEW SECTION
WAC 479-06-040   Indirect/overhead costs.   Indirect or overhead costs are common administrative cost objectives that cannot be easily charged to the project. Indirect costs incurred by an agency for administrative costs will be reimbursed up to a maximum of ten percent of the direct labor costs.

[]


NEW SECTION
WAC 479-06-050   Progress payments.   Payments of funds are governed by the following:

(1) Incurred costs must be in conformity with all applicable federal and state laws, rules, regulations, and procedures.

(2) Agencies will submit requests for payment on forms prescribed by the board. Requests for payment will be submitted as the project progresses.

(3) The director may require a payment to be divided into installments if one of the following criteria is met:

(a) The agency has not billed for six months or longer;

(b) The agency has billed for an amount over the director determined level; or

(c) Cash balance of the account is below fifty percent of the minimum operating reserve.

(4) Costs incurred prior to phase approval are not eligible for reimbursement.

[]


NEW SECTION
WAC 479-06-060   Financial records requirement.   (1) Agencies must maintain documents that support project costs incurred. The supporting documentation may be required by the board for first project payment and at other times during the project life.

(2) Records must be maintained in accordance with the Records Retention Schedule as published by the secretary of state's office.

[]


NEW SECTION
WAC 479-06-070   Project record review.   Project records may be reviewed by the board to ensure that project costs are eligible for reimbursement. The records may be requested at any time during the project.

[]


NEW SECTION
WAC 479-06-080   Final settlement.   Up to five percent of total transportation improvement board funds may be retained until the agency submits final, complete, and accurate closeout documentation for a project.

A unilateral closeout of a project may be initiated by the board when an agency has not responded to requests for final documentation and all funds are expended.

[]


NEW SECTION
WAC 479-06-090   Recovery of board funds on canceled projects.   If the grant award was made as a result of falsification, negligence, or deliberate misrepresentation on the part of the agency, the board may require repayment of funds. An agency is not responsible to repay transportation improvement board funds if the effort was made in good faith and circumstances are beyond the agency's control.

[]


NEW SECTION
WAC 479-06-100   Programming of funds.   The transportation improvement board selects projects based on an estimate of fund balance, projected revenues, current project expenditures, and future program obligations. The amount allocated per program will not exceed projected cash needs for a six-year period.

[]

Washington State Code Reviser's Office