WSR 08-15-041

PROPOSED RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed July 11, 2008, 8:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-20-080.

Title of Rule and Other Identifying Information: Developing a new WAC necessary to implement the small city pavement preservation and sidewalk account, chapter 83, Laws of 2005.

Hearing Location(s): Best Western Lakeside Lodge, 2313 West Woodin Avenue, Chelan, WA 98816, (509) 682-4396, on September 26, 2008, at 9:00 a.m.

Date of Intended Adoption: September 26, 2008.

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 September 5, 2008.

Assistance for Persons with Disabilities: Contact Eileen Bushman by September 5, 2008, (360) 586-1146.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Develop rules to support RCW 47.26.345, which finds that it is in the state's interest to support the economic vitality of all cities and towns, recognizing that those cities and towns with a population of less than 5,000 are unable to fully maintain and preserve their street and sidewalk system.

Reasons Supporting Proposal: The new rules would establish what cities and towns and which projects would be eligible to receive funding. In addition, the rules would outline the granting criteria, project selection, match requirements, if any, and the granting process, including, but not limited to, submission requirements and payments.

Statutory Authority for Adoption: Chapter 47.26 RCW.

Statute Being Implemented: RCW 47.26.345 and 47.26.340.

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).

July 10, 2008

Stevan Gorcester

Executive Director

OTS-1719.1

Chapter 479-10 WAC

SMALL CITY PAVEMENT PRESERVATION AND SIDEWALK ACCOUNT


NEW SECTION
WAC 479-10-005   Purpose and authority.   The board adopts reasonable rules necessary to administer the small city pavement preservation and sidewalk account pursuant to RCW 47.26.340, 47.26.345 and 47.26.164.

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NEW SECTION
WAC 479-10-011   Programs funded from the small city pavement preservation and sidewalk account.   The small city pavement preservation and sidewalk account funds both the small city preservation program and the city hardship assistance program.

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NEW SECTION
WAC 479-10-100   Intent of the small city preservation program.   The intent of the small city preservation program is to provide funding for small cities to provide proper pavement management and extend infrastructure longevity.

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NEW SECTION
WAC 479-10-110   Who is eligible for small city preservation program funds.   Agencies eligible to receive small city pavement program funding are incorporated cities with a population less than five thousand.

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NEW SECTION
WAC 479-10-120   Projects that are eligible for small city preservation program funds.   Eligible roadway and sidewalk projects are those that maintain, repair, and/or resurface the existing infrastructure that is municipally owned and appropriate under Article II Section 40, 18th Amendment of the Washington state Constitution.

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NEW SECTION
WAC 479-10-121   Types of street system treatments allowed under small city preservation program.   The type of treatment will be based on the pavement condition rating, treatment types available in the area, and concurrence by the local agency. Treatments may include crack sealing, patching, ditching, chip sealing, overlay, cold in place recycling of roadway, or other treatment as deemed cost effective and/or necessary by TIB staff.

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NEW SECTION
WAC 479-10-122   Qualification for the small city preservation program -- Pavement condition ratings.   To qualify for funding in the current program year, a city's pavement condition rating must be less than four years old on or by the application date.

For the cities' convenience, TIB staff will conduct all pavement condition ratings on a rotational basis every four years. If the city maintains their own pavement condition rating, the methods used for scoring must comply with TIB's methodology. If scores submitted by the city are substantially different than the TIB pavement scores, the difference will be resolved through an on-site review coordinated between TIB and city staff.

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NEW SECTION
WAC 479-10-130   Identification of funding requests for the small city preservation program.   To be considered for a project under the small city preservation program, an eligible agency may submit a funding application in response to either a standard TIB call for projects or identification and notification by TIB staff based on other opportunities available in the area to decrease material or labor costs associated with project delivery.

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NEW SECTION
WAC 479-10-140   Project selection for the small city preservation program.   Projects may be selected by the board or the executive director based on need, economy of scale opportunities, and criteria listed in RCW 47.26.345.

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NEW SECTION
WAC 479-10-150   Project phases for the small city preservation program.   Small city preservation program projects will have three phases. Each phase will require specific documentation as described below and each phase must be approved before the applicant agency is eligible to receive the related funding:

(1) Application phase - The city shall submit an application form as well as documentation showing route and treatment plan.

(2) Design and construction phase - TIB will provide documents for the city to sign and return. The city must submit the following agreements where utilized:

(a) Fuel tax agreement (except if services are provided by WSDOT).

(b) Rights of entry agreement (if applicable).

(c) Consultant agreement (if applicable).

If pavement services will be provided through WSDOT, TIB will maintain the task order agreement and subsequent amendments.

(3) Project closeout phase - All necessary project cost documentation must be received prior to final payment.

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NEW SECTION
WAC 479-10-160   City matching funds or services for small city preservation program.   The board will consider a city's ability to provide matching funds or in-kind services when allocating funds under this program. Cash or in-kind match may be provided by the local agency in the form of:

(1) Cash match based on ability to contribute:

(a) If the city assessed valuation is greater than five hundred million, a match of ten percent will be contributed.

(b) If the city assessed valuation is from one hundred million to five hundred million, a five percent match will be contributed.

(2) If the city assessed valuation is under one hundred million, no cash match is necessary.

(3) Match is not expected or accepted if the construction services will be provided to the city by WSDOT.

(4) All in-kind contributions must relate directly to the project and are limited to time, material, or real property donated to the agency to fulfill project requirements. In-kind match may include:

(a) Community involvement including volunteer participation.

(b) City force labor, materials, and/or equipment (excluding costs incurred for qualification in WAC 479-10-122 or application for funds).

(c) Other street beautification.

(d) In-kind match must be documented with labor reports, equipment reports, receipts, and/or citizen volunteer time with hourly rate (not to exceed fifteen dollars per hour).

(e) Contributions of overhead, per diem, travel expenses, time spent at advisory groups or meetings, or time from individuals receiving compensation through the grant will not be accepted as in-kind match.

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NEW SECTION
WAC 479-10-200   Intent of the city hardship assistance program.   The city hardship assistance program provides rehabilitation and maintenance funds for eligible routes pursuant to RCW 47.26.164.

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NEW SECTION
WAC 479-10-210   Who is eligible for city hardship assistance program funds.   Eligible cities are those with a population of twenty thousand or less with a net gain in cost responsibility due to a road jurisdictional transfer.

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NEW SECTION
WAC 479-10-220   What routes are eligible for city hardship assistance program funds.   The following routes are eligible to receive city hardship assistance funds for maintenance:

(1) Clarkston, Old SR 128, 0.13 Miles, SR 12 to Poplar Street;

(2) Kelso, Old SR 431, 0.90 Miles, SR 5 to Cowlitz Way; Old I-5, 1.20 Miles, north end of Coweeman River Bridge to 2,480 feet south of Haussler Road and those sections of Kelso Drive, Minor Road, Grade Street and Kelso Avenue referred to in the memorandum of understanding for this turn back, approximately 2.7 miles;

(3) Leavenworth, Old SR 209, 0.11 Miles, SR 2 to 260 feet north of Fir Street;

(4) Milton, Old SR 514, 2.46 Miles, Junction SR 99 to 50 feet west of SR 161;

(5) Napavine, Old SR 603, 0.79 Miles, 810 feet southwest of Lincoln Street to 8th Avenue West;

(6) Pomeroy, Old SR 128, 0.72 Miles, SR 12 to 2,690 feet south of Arlington Avenue;

(7) Sequim, Washington Avenue - Simdars Road to Sunnyside Avenue and 3rd Avenue to 9th Avenue;

(8) Skykomish, Old SR 2 Spur, 0.16 Miles, SR 2 to Railroad Avenue;

(9) Stanwood, Old SR 530, 1.59 Miles, 790 feet north of 86th Drive NW to 740 feet northwest of 72nd Avenue NW;

(10) Toledo, Old SR 505, 0.12 Miles, Fifth Street to 210 feet northwest of Sixth Street;

(11) Toppenish, Old SR 220, 0.27 Miles, Junction SR 22 to 630 feet east of Linden Road;

(12) Vader, Old SR 411, 0.25 Miles, 520 feet south of SR 506 to 1,840 feet south of SR 506;

(13) Washougal, Old SR 140, 0.70 Miles, SR 14 to west end of Washougal River Bridge;

(14) Winlock, Old SR 603, 0.61 Miles, Walnut Street to 160 feet south of Olequa Creek Bridge.

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NEW SECTION
WAC 479-10-230   How to request city hardship assistance program funds.   To request funding for eligible routes, the city should submit a letter of application including a treatment plan and cost estimate for the project. The request will be due by August 31st of the year prior to treatment, unless otherwise authorized by the executive director.

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NEW SECTION
WAC 479-10-240   Phases for city hardship assistance program.   City hardship assistance program projects will have the following phases:

(1) Application phase - Letter of application including the treatment plan and cost estimate submitted under WAC 479-10-230.

(2) Design and construction phase - Documents that must be received prior to phase approval:

(a) Fuel tax agreement or WSDOT task order agreement.

(b) Consultant agreement (if applicable).

(3) Project closeout phase - Project cost documentation must be received prior to final payment.

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NEW SECTION
WAC 479-10-250   Funding limitations for city hardship assistance program projects.   Funding is to be used for maintenance and rehabilitation of existing facilities and not for adding additional capacity or facilities.

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NEW SECTION
WAC 479-10-260   No match is required for city hardship assistance program projects.   There is no local agency matching funds requirement for city hardship assistance program projects.

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NEW SECTION
WAC 479-10-270   Spending any residual amount of city hardship assistance program funds.   Any residual funds remaining at the end of the biennium will be spent on small city preservation program projects.

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Washington State Code Reviser's Office