WSR 09-09-002

PERMANENT RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed April 1, 2009, 12:17 p.m. , effective May 2, 2009 ]


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

Purpose: Amending WAC 479-05-211 language to the delayed project time frame to include "construction only" projects, giving this category its own time schedule.

Citation of Existing Rules Affected by this Order: Amending WAC 479-05-211.

Statutory Authority for Adoption: Chapter 47.26 RCW.

Adopted under notice filed as WSR 09-02-046 on December 31, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: March 10, 2009.

Stevan Gorcester

Executive Director

OTS-2280.1


AMENDATORY SECTION(Amending WSR 07-18-050, filed 8/30/07, effective 9/30/07)

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) Projects awarded funding as "construction only" will be considered delayed if construction does not begin within one year of funding becoming available.

(4) 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.

[Statutory Authority: Chapter 47.26 RCW. 07-18-050, 479-05-211, filed 8/30/07, effective 9/30/07.]

Washington State Code Reviser's Office