WSR 09-08-121

PERMANENT RULES

DEPARTMENT OF TRANSPORTATION


[ Filed April 1, 2009, 9:11 a.m. , effective May 2, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: This rule-making action will clarify and streamline the administration for applicants and the trip reduction performance program staff.

Statutory Authority for Adoption: RCW 70.94.996.

Adopted under notice filed as WSR 09-05-085 on February 17, 2009.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: April 1, 2009.

Stephen T. Reinmuth

Chief of Staff

OTS-2180.1


AMENDATORY SECTION(Amending WSR 08-06-079, filed 3/4/08, effective 4/4/08)

WAC 468-60-010   Trip reduction performance program.   ((The Washington state department of transportation (WSDOT), together with the commute trip reduction (CTR) board, will administer the trip reduction performance program (TRPP). This program is designed to create cost-effective trip reduction projects that reduce the number of commute vehicle trips and commute vehicle miles traveled (VMT). The 2003 legislature created this program to provide financial incentives or compensation to organizations that implement and administer cost-effective projects that increase the capacity of the transportation system by reducing the number of vehicle trips and miles traveled for commute purposes. WSDOT awards funds for cost-effective trip reduction projects, based on a price that the project charges WSDOT to reduce an annualized trip, and the projected number of annual commute vehicle trips and commute VMT reduced during the project period (the project goal). Up to half of the award amount is available through reimbursement for start-up costs. WSDOT will determine the remaining award amount, as well as any bonus funds, based on the actual performance of the project in meeting or exceeding the goal. As necessary, WSDOT will revise these rules periodically to create a more efficient, cost-effective, trip reduction program.)) The legislature established the trip reduction performance program (TRPP) in 2003 to create cost-effective projects that increase the capacity of the transportation system by providing financial incentives to commuters to reduce the number of vehicle commute trips and commute vehicle miles traveled (VMT). WSDOT awards TRPP funds to cost-effective trip reduction projects based on the projected cost per annualized vehicle commute trip and commute VMT reduced during the project period. WSDOT will provide new projects up to fifty percent of the award amount as start up funds on a reimbursable basis. WSDOT will determine the remaining award amount, as well as any bonus funds, based on the actual number of vehicle commute trips and commute VMT reduced.

(1) What are trip reduction performance projects? WSDOT awards funds on a competitive basis to organizations that create cost-effective projects designed to reduce vehicle commute ((vehicle)) trips and commute VMT (((based on the morning commute))). The organization will receive funds based on the price associated with each vehicle commute trip and commute VMT reduced and overall project performance. The TRPP is available to entrepreneurs, private employers, public agencies, nonprofit organizations, developers, and property managers who ((find new (to the area),)) implement sustainable ways to reduce the number of vehicle commute trips and ((vehicle miles traveled per person for commuting)) commute VMT, and who provide financial incentives to their own or other employees for ridesharing, public transportation, nonmotorized transportation, telework, and alternative work schedules.

(2) Definitions. For purposes of ((this section)) the implementation of TRPP projects, the following definitions apply.

(a) A financial incentive is defined as a policy, procedure, capital investment or payment intended to provide ((employees)) commuters a financial gain if they use commute ((in ways)) options other than by driving alone. ((For example,)) The eligible incentives may include, but are not limited to: Providing a free or reduced cost of transit pass, ((reducing the)) free or reduced parking charge for rideshare vehicles((,)) and initiating parking charges for ((employee)) commuter vehicles((, reducing the cost of a transportation service such as a transit pass)) to discourage drive-alone commuting, paying the membership fee for a car sharing program, providing ((employees)) commuters with alternative work ((week)) schedules, providing a direct cash payment, reducing the insurance rate for ((employees)) commuters who reduce the use of their vehicle for commuting, or reducing the distance ((an employee)) a commuter travels to work by reassigning their work location to a worksite closer to their home.

(b) Car sharing means a membership program intended to offer an alternative to car ownership ((under which persons or entities that become)). An individual or organization member((s are)) is permitted to use vehicles from a fleet on an hourly basis.

(c) Telework means a program where ((an employee)) a commuter performs work functions that are normally performed at a traditional ((workplace)) worksite, but does so instead at the ((employee's)) commuter's home, or at a ((work)) telework center that is located closer to the ((employee's)) commuter's home than to the ((employee's workplace)) commuter's worksite, for at least one day a week ((with the effect of reducing)) in an effort to reduce the number of trips to the ((employee's workplace)) commuter's worksite.

(d) A person-trip is ((one)) a one-way commute trip made by one person to get to work. A trip avoided because the ((employee)) commuter teleworks, or because the ((employee)) commuter works ((a compressed work week)) an alternative work schedule, is also considered a person-trip.

(e) A mode is the means of transportation ((an employee)) a commuter took to work. Driving alone, carpooling, working an alternative work schedule, teleworking, bicycling, etc., are examples of modes.

(f) A measurement records the number of person-trips made by ((employees)) commuters commuting to work during a period such as a week or month, using each specific transportation mode. A measurement also records the distance each ((employee)) commuter commutes to work; the type of work schedule or ((compressed work week)) alternative work schedules that each ((employee)) commuter works; and the number of persons in the ((employee's)) commuter's carpool or vanpool if the ((employee)) commuter uses one of these modes. WSDOT may require that a measurement record additional information necessary to evaluate the project performance.

(g) Mode share is the percentage of person-trips made by a population of ((employees)) commuters commuting to work using specific modes of transportation. For example, if twenty-three percent of the person-trips made in commuting to a worksite are by carpool, the carpool mode share for that worksite is twenty-three percent.

(h) A mode split is the set of mode shares for a population of ((employees, such as those)) commuters commuting to a worksite. The sum of the mode shares for the population is one hundred percent. When calculating mode shares and mode split from measurement data, WSDOT makes adjustments as necessary for missing data, days reported by ((employees)) commuters as not worked, inconsistency between commute mode and vehicle occupancy data, and reported use of ((compressed)) alternative work ((weeks)) schedules. When making these adjustments, WSDOT follows CTR board guidelines when these are available, and makes reasonable adjustments otherwise.

(i) Vehicle commute ((vehicle)) trip((s)) is the number of vehicle trips made to bring ((employees)) commuters to work at a worksite or specified collection of worksites on an average weekday morning, using the mode split from a measurement. WSDOT will provide information to applicants on calculating commute vehicle trips.

Calculation: WSDOT calculates a vehicle commute trip by dividing a person-trip by the number of persons in the vehicle. For passenger cars, trucks, vans, and motorcycles, WSDOT calculates the vehicle occupancy from measurement data using CTR board guidelines, or from equivalent data as agreed by WSDOT and the applicant. For buses, WSDOT assumes an average occupancy of twenty-five persons. If the CTR board issues guidelines for using bus occupancy, WSDOT will follow the board's guidelines in subsequent projects. A person-trip made by bicycling, walking, or other nonmotorized means of transportation; by riding a train; or avoided either because the ((employee)) commuter teleworks or because the ((employee)) commuter works ((a compressed)) an alternative work ((week)) schedule, is not considered as using a motor vehicle under this definition. If ((employees)) commuters at a worksite work at jobs that last less than a full year, WSDOT annualizes the ((commute)) vehicle commute trip((s)). For example, if the jobs at a worksite last for only nine months, then WSDOT will annualize the ((commute)) vehicle commute trip((s)) as three quarters of the ((commute)) vehicle commute trip((s)) that would be calculated if the ((employees)) commuters worked for a full year. WSDOT then will use the annualized values in determining project performance and payments.

(j) Reduced ((commute)) vehicle commute trip((s)) is the reduction in the number of ((commute)) vehicle commute trips between a baseline measurement and a ((subsequent)) performance measurement. WSDOT will provide information to applicants on calculating reduced ((commute)) vehicle commute trips.

Calculation: WSDOT calculates reduced ((commute)) vehicle commute trips by subtracting the number of ((commute)) vehicle commute trips made by the ((employees)) commuters in the ((subsequent)) performance measurement, from the number of vehicle trips the same number of ((employees)) commuters would have made if they had commuted using the mode split from the baseline measurement.

(k) Commute ((vehicle-miles traveled)) VMT per person (((VMT))) is the average daily vehicle commute trips each ((employee)) commuter makes in a motorized vehicle, multiplied by the ((employee's)) commuter's one-way distance to work, summed for all ((employees)) commuters, and the sum then divided by the number of ((employees)) commuters.

(l) Reduced commute VMT is the reduction in the number of commute ((vehicle-miles traveled)) VMT per person between a baseline measurement and a ((subsequent)) performance measurement. WSDOT calculates reduced commute VMT by subtracting the commute ((vehicle-miles traveled)) VMT per person in the ((subsequent)) performance measurement, from the commute ((vehicle-miles traveled)) VMT in the baseline measurement.

(m) A project goal is the total number of ((commute)) vehicle ((trips)) commute trips and commute VMT that a ((TRPP)) project proposes to reduce when it applies for TRPP funding.

(n) ((An interim goal is the number of commute vehicle trips that a TRPP project proposes to reduce for specified periods shorter than the project's entire duration. Payments for interim goals are subject to WSDOT approval.

(o))) Performance is defined as ((the reduction in the number of commute vehicle trips to work locations in the TRPP project, with credit given for reductions in the commute vehicle miles traveled by employees to those work locations. WSDOT will provide directions for calculating this credit as part of the materials used when applying for TRPP funds)) progress toward meeting the project goal to reduce vehicle commute trips and commute VMT.

(((p))) (o) Agent is an organization or individual who represents the private employer, public agency, nonprofit organization, developer, or property manager and is charged with managing the TRPP project or providing the ((employee)) commuter the financial incentive.

(((q))) (p) The price per trip (or trip price) is the amount that WSDOT agrees to pay for each annualized vehicle commute ((vehicle)) trip reduced by a TRPP project, up to the number of trips proposed in the project goal. ((WSDOT will set a maximum price per trip that it is willing to pay, that does not exceed the estimated annualized cost of providing new roadway capacity. WSDOT may vary the maximum cost by year. WSDOT will provide the maximum cost per trip as part of the documents for applying for TRPP funds.

(r))) (q) A cost-effective ((application)) project is one that defines a project that will reduce ((commute)) vehicle commute trips and commute ((vehicle miles traveled)) VMT at ((a price equal to or less than WSDOT's maximum price per trip.

(s) A basic project is a project that lasts up to two years.

(t) A multi-year project is a project that lasts from three to five years.

(u))) less than the cost of providing new highway capacity and reduce traffic congestion in the project area.

(r) The award amount for a project is ((equal to the price per trip multiplied by the project goal)) the amount WSDOT awards to a project. It will be based on the proposed cost per vehicle commute trip and commute VMT reduced, as well as program funding levels and the project's scoring in the application process.

(s) Project partnership is a relationship between two or more organizations that is characterized by mutual cooperation, responsibility for the development and implementation of a project.

(3) Who can apply? TRPP funds are available on a statewide competitive basis for entrepreneurs, private employers, public agencies, nonprofit organizations, developers, and property managers or their agents who create cost-effective trip reduction projects. To be eligible for TRPP funds, the applicant must provide financial incentives to their own or other ((employees)) commuters for ridesharing, using public transportation, car sharing, nonmotorized commuting, telework, and/or ((compressed)) alternative work ((weeks. The statewide funds are available on a competitive basis for private employers, public agencies, nonprofit organizations, developers, and property managers or their agents who create cost-effective trip reduction projects)) schedules.

(4) What kinds of projects will be funded? To receive funds, ((the project must meet the program requirements and rank highly in the competitive review. The applicant determines the actual scope and design of the project. New and existing projects are eligible for selection. The primary focus of the review committee will be to select sustainable, cost-effective trip reduction projects, and if they are new or innovative, they will be given additional consideration.

(5) How are the program funds appropriated? The Revised Code of Washington, RCW 70.94.996 authorizes the legislature to appropriate funding for this program.

(6) Are any of the TRPP funds set aside for specific use? Any funds appropriated to TRPP beyond the initial program level of seven hundred fifty thousand dollars per year may be used for projects within growth and transportation efficiency centers (GTEC) and for performance of local jurisdictions.

(a) Up to eighty-five percent of any appropriated funds in excess of the initial program level will be available for GTEC projects.

(b) GTEC projects will be subject to the same competitive processes and rules as projects funded with initial program funds.

(c) Fifteen percent of any appropriated funds in excess of the initial program funds will be made available for CTR affected jurisdictions as local jurisdiction performance funds.

(d) Appropriated funds in excess of the initial program funds will be made available to proposals outside of GTECs if there are funds remaining after all proposals within GTECs that fit the program structure for viable, cost-effective, trip reduction projects have been funded.

(e) Any appropriated funds in excess of the initial program funds and any initial program funds that remain after start-up funds, performance funds, and performance bonuses are paid will be used for local jurisdiction performance funds.

(f) WSDOT will determine the jurisdiction performance levels, and payments to the jurisdictions for performance will not exceed the maximum price per trip allowed by WSDOT.

(7) How will the TRPP funds be distributed? A minimum amount of the TRPP funds is to be available for each of three funding zones: Ten percent of available funds for Central Puget Sound (CPS) (King, Pierce, Snohomish counties), ten percent of available funds for non-Central Puget Sound applications, and ten percent of available funds for statewide applications (applications with worksites in the CPS and outside the CPS). The remaining funds will be awarded based on the project's ranking and available funds. WSDOT is bound to this distribution only if there are applications that fit the program structure and are viable, cost-effective trip reduction projects. This applies to all current and future funds.

(8))) applicants must fully complete a TRPP proposal form provided by WSDOT and submit the form to WSDOT within the timeline set forth in the call for projects.

(5) How much money will be awarded to individual projects? WSDOT awards funds ((will be allocated)) based on the estimated ((commute)) vehicle commute trip((s)) and ((miles traveled reduced for)) commute VMT that the project proposes to reduce. The applicant will provide an estimate of the anticipated performance (((their goal))) in reducing vehicle commute trips and commute VMT, and the price per trip that the ((project)) applicant will charge WSDOT for reducing a commute vehicle trip. Once the selection committee ranks the projects, WSDOT will award funds based on committee ranking until half of the program funds are awarded in each fiscal year or all cost effective projects are funded. A project for a single worksite may not receive more than one hundred thousand dollars per fiscal year.

(((9))) (6) How much money can be awarded to ((applications)) projects with multiple partners? Each organization (agency or employer) on the ((application)) proposal may receive up to one hundred thousand dollars with the total amount not to exceed two hundred fifty thousand dollars per ((application)) project proposal, per fiscal year ((as identified in RCW 70.94.996)). ((If additional funds are appropriated by the legislature for this program,)) WSDOT may exceed this organization maximum award at their discretion if the legislature appropriates additional funds for this program.

(((10))) (7) Who can apply for a (("))partnership(("))? An agent (("who will)) or organization on behalf of agencies or employers provides the financial incentive to the ((employee")) commuter can submit a project partnership ((application)) proposal and be the prime recipient for the project. Project partnership proposals must include a description of each partner's roles, responsibilities and assurances for the project.

(((11))) (8) How does the applicant apply for the TRPP funds? WSDOT will notify eligible applicants of the open period for ((applications)) proposals. WSDOT may open more than one ((application period)) call for TRPP proposals per year depending on ((whether all funds are awarded)) TRPP funding availability. To apply for TRPP funds, applicants ((apply by submitting a completed ")) must complete a TRPP((" application)) proposal form during ((an open application)) the call for TRPP proposals period. The (("))TRPP((" application)) proposal form is available upon request from WSDOT. WSDOT recommends that applicants within a CTR affected area notify the jurisdictional authority, e.g., regional transportation planning organization (RTPO), county, city, or transit agency, ((that they are submitting an application for TRPP funds)) so that they can coordinate the project with local trip reduction strategies and plans. This provides an opportunity for project coordination and potential partnership.

(a) Applicants may submit more than one project ((application)) proposal for consideration; however, ((when)) the combined sum of all the project costs ((are combined, they)) cannot exceed what the applicant is eligible to receive.

(b) ((Applicants may submit an application that will cover one or two years (basic project) or apply for projects that cover three to five years (multi-year projects).

(c))) All projects must have a baseline measurement and a performance measurement. All applicants must describe how they will measure performance for their project. ((Every project must have a baseline measurement and a final measurement. Additional measurements are required for multi-year projects, and interim measurements are optional for all projects.)) Projects may be rated based on the effectiveness and efficiency of the proposed measurement method. WSDOT may require projects to conform to WSDOT-approved measurement tools and methods.

(((d))) (c) All applicants must ((describe how and when they will implement their project.

(e) For basic projects, applicants must estimate the number of vehicle trips and VMT reduced for each fiscal year as well as the project total.

(f) In the case of multi-year projects, applicants must estimate the number of vehicle trips and VMT reduced for each year, as well as a project total.

(12))) fully and accurately complete a TRPP proposal form provided by WSDOT.

(9) Can a ((basic)) project be renewed? ((A basic)) WSDOT may approve renewal for a project that performs well ((may be approved for a renewal)); however, the ((contractor)) applicant must ((reapply)) complete a TRPP proposal for the project. If the ((renewal is approved by the)) proposals review and selection committee((,)) approves the project, WSDOT may require the applicant ((may be required)) to conduct ((another)) a new baseline measurement for the project. Renewal ((applications)) proposals may include a proposed adjustment to the trip price and/or project goal. Adjustments to the trip price or goal are subject to ((approval by)) WSDOT. All ((basic)) projects are subject to termination if the project is not performing according to expectations or is not continuing to work towards the reduction of commute trips.

(((13))) (10) How will the ((application)) proposal be reviewed? WSDOT staff will review all proposals and make recommendations to the selection committee comprised of members invited by the chair of the CTR board ((will select a committee)). The committee will be comprised of between six and nine members ((will review the applications and selection. The project selection committee will)), which include at least one member ((of)) from the CTR board, ((at least)) one member from Central Puget Sound ((and)), one member from the rest of the state, ((at least)) one employer representative, ((at least)) one transit ((member and at least)) agency representative, one city government representative((. The committee will include at least)), one member from the CTR technical advisory group (((TAG), a member of WSDOT familiar with performance measurement)), and ((an RTPO)) one regional transportation planning organization representative. To maintain the integrity of the proposals review and selection process, no project applicants may serve on the proposals review and selection committee. The ((award)) committee will review and select projects based on staff review and the criteria ((as defined in subsection (12) of this section.

(14) What are the review criteria? The applications will be reviewed based on the following criteria:

(a) Cost effectiveness: Does the project have a high likelihood of achieving its benefits at a relatively low expenditure of TRPP funds? Are the projected benefits achievable at a cost less than providing the equivalent roadway capacity?

(b) Sustainability: If this project is funded, will its benefits continue after the funding element of the project has been completed? Do the project design and partnerships indicate a high probability for continuing the project after all TRPP funds are used? Can the reduction in trips be sustained over a "multi-year project" timeline?

(c) Innovation: Is the proposed project a new idea, or something that's been done before but is new to the area? Does the project propose unique ways to reduce trips?

(d) Measurability: The performance of the project must be measurable. If an applicant proposes to use their own measurement approach, a detailed measurement plan must be submitted as a part of the application and must be approved by WSDOT. The measurement approach must be as accurate an estimate of the trips reduced as would be generated if the applicant made use of the WSDOT-developed measurement tool. Deviations from the approved measurement plan will be subject to review and approval by WSDOT. WSDOT may reject an application or terminate the contract if the measurement deviation is not approved.

(e) Project implementation: What is the timeline for implementation of the project? When and how will the project be advertised to the target population? All projects must conduct a baseline measurement of all individual participants as they begin taking part in the project. If a project targets an entire worksite, the project must identify the worksite, and all employees must participate in the measurement, or the total number of employees at the worksite must be indicated in the baseline and performance measurements. The applicant must indicate the implementation timeline, proposed measurement methods (if other than WSDOT measurement tool) and measurement schedule in the application.

(f) Project predictability: Are the estimates of employee participation, trip reduction, and VMT reduction likely to be achieved based on the assessment of the review committee?

(g) Redundancy: Does the project propose to provide services that are already available to the employees?

(h) Thoroughness: Has the project been thoroughly researched and carefully thought out? Are adequate details presented in the application?

(15) How will the recipient receive the money? Once the projects have been reviewed, prioritized and selected, the applicant will enter into a contract with the Washington state department of transportation for implementation of the project. This contract will establish the amount of money the award recipient can receive for the project, the timelines, performance expectations, and the project's measurement plan. The recipient must submit a TRPP fund disbursement form provided by WSDOT in order to request funds. On this form the recipient will identify the funds requested and provide documentation of performance or expenditures for reimbursement of start-up costs. Applications for multi-year projects must demonstrate the organization's ability to accept payments for performance, as well as bonus funds, through the end of the project time frame. WSDOT will provide funds to the recipient through three approaches: Start-up, performance and performance bonus.

(a) Start-up funds: WSDOT will provide start-up funding on a dollar for dollar, cost-reimbursable basis, but will not exceed fifty percent of the total project award for the duration of the project. The recipient of basic project award may request start-up funds after the baseline measurement has begun. The recipient can request start-up funds throughout the project or until the final performance funds are paid. The recipient of a multi-year project award is eligible for start-up funds through a phased payment approach. To calculate the start-up fund disbursement for multi-year projects, multiply the total project amount by 0.5, then divide that number by the number of years in the project. This is the amount that will be available as start-up funds each year.

(b) Performance funds: The remaining award amount will be available to the recipient following performance measurement(s) for the project, based on the project's performance. All basic projects are required to measure at the end of the project and deliver the measurement data to WSDOT by June 1st. Projects that conduct interim measurements will be eligible to receive a prorated portion of the performance funding following each measurement, with the balance available after the final measurement. Projects that do not conduct interim measurements will receive their remaining performance funds after the final measurement. For multi-year projects, the recipient must measure the project's performance at the end of each biennium (and deliver the measurement data to WSDOT by June 1st) at a minimum, and at the end of the project. The amount of performance funds paid will be calculated from the project's price per trip and performance. Projects must reduce trips to be eligible for any performance funds. The project application must describe the measurement schedule for the project, and the contract for the project will include a measurement schedule.

(c) Performance bonus funds: WSDOT will provide performance bonus funds only at the end of the contract period. The recipient will receive the funds for additional performance above the award amount based on the same price per trip reduced, including credit for VMT reduced, as identified in their contract. The recipient will be eligible to receive additional bonus funds up to one hundred twenty percent of the contracted price per trip, or up to the maximum price per trip allowed (whichever is less), for every trip that exceeds the project goal. WSDOT will make performance bonus funds available only if funds are remaining in the TRPP account.

(d))) established by WSDOT and communicated in project application guidance. WSDOT will make the final decision on which projects to fund and at what level.

(11) Project implementation and penalties: All ((award recipients)) contractors must implement their projects within three months (first quarter) after signing the contract in order to receive one hundred percent of the awarded funds. If the project is not implemented until the second quarter, only seventy-five percent of the awarded funds will be available; fifty percent if implementation does not occur until the third quarter; and twenty-five percent if implementation does not occur until the fourth quarter. A project is subject to termination if it has not been implemented by the fifth quarter. Project implementation or start of the project is defined as the completion of the project baseline measurement.

(((16))) (12) What happens if a project does not perform? All projects are subject to termination at WSDOT's discretion if the project is not performing or demonstrating progress toward achieving its goals.

(13) What is the ((measurement/)) performance payment schedule? Every project must have a baseline measurement, and the baseline measurement must begin before ((WSDOT will make payments to reimburse start-up costs. Interim measurements can be conducted monthly or quarterly, and must be completed in order to request interim payments. Submission of interim measurements to receive interim payments is subject to prior WSDOT approval. Every project)) the contractors can receive reimbursement for start-up costs. The contractor must submit a project final performance measurement ((at the end of the project)) by the date specified by WSDOT in order to receive ((final)) performance payment. ((WSDOT must receive the final performance measurements and request for funds by June 1st of the contract closure year.

(17) What are interim measurements and payments? When applicable and when approved in advance by WSDOT, recipients may request monthly and/or quarterly payments for trip and VMT reductions. WSDOT will prorate payments based on the project timeline and the interim performance measurement. The sum of all performance payments will not exceed the total funds awarded to the project. Recipients will also be able to receive start-up funds that are phased throughout the life of the project (see subsection (15)(a) of this section for details on start-up fund disbursement).

(18) Can the price per trip be adjusted? Multi-year projects and basic projects seeking a renewal may apply for an adjustment to the trip price and/or their goal at the end of each biennium. Adjustments to trip price and goal for the project will be subject to review and approval by WSDOT. Payments for multi-year projects are contingent upon the provision of legislative funding in future biennia.

(19) What happens if a project does not perform? All projects are subject to termination if the project is not performing according to expectations or is not continuing to work towards the reduction of commute trips. Projects must reduce trips to be eligible for any performance funds.

(20))) (14) How are projects that overlap treated? No applicant may claim full reduction in ((employee commute vehicle trips)) commuter vehicle commute trip or commute VMT that are claimed as part of another project. WSDOT will make an initial screening of awarded projects to determine whether projects overlap. If WSDOT finds that projects being considered for selection are likely to overlap, WSDOT will notify the applicants, and ((will provide them with the opportunity to adjust their trip prices and goals. If projects are selected that overlap, WSDOT will ask the applicants to propose a solution to the overlap. If a solution cannot be agreed upon by the applicants, WSDOT will adjust the payments for areas where it can determine overlap occurs, by dividing the amount per trip by the number of TRPP projects involved in the overlap. WSDOT will use the lower price per trip in the overlapped projects to calculate payment.

(21) Performance documentation: The applicant must, as part of the TRPP application, describe how the project will measure performance. WSDOT will make measurement instruments available to the project. The applicant may propose alternative ways to measure the project, but must provide a description of the alternative as part of the application. Use of any measurement instrument is subject to approval by WSDOT. WSDOT will incorporate language describing the project's measurement into the contract documents for the project. WSDOT will calculate the reduction in commute vehicle trips for the project, along with any credit for reduction in vehicle miles traveled. At its discretion, WSDOT may make software available to TRPP recipients to calculate the reductions directly.)) provide them with the opportunity to form partnerships to be considered as one project for funding, or adjust their projects to avoid overlap. WSDOT will require funded overlapping projects to use the WSDOT-approved measurement tool that helps to eliminate the potential of paying for overlap. WSDOT may reject proposals that insufficiently address overlap.

[Statutory Authority: RCW 70.94.996. 08-06-079, 468-60-010, filed 3/4/08, effective 4/4/08; 07-05-064, 468-60-010, filed 2/20/07, effective 3/23/07; 05-19-042, 468-60-010, filed 9/14/05, effective 10/15/05. Statutory Authority: RCW 70.94.996, 70.94.534, 70.94.541. 04-06-087, 468-60-010, filed 3/3/04, effective 4/3/04.]

Washington State Code Reviser's Office