WSR 09-21-090

EXPEDITED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed October 20, 2009, 8:10 a.m. ]

Title of Rule and Other Identifying Information: WAC 468-22-060 Procedures for obtaining financial assistance, this WAC is to specify to the counties subject to RCW 47.56.720 and 47.56.725, what the procedures are that they are required to follow to obtain financial assistance for their county ferry operations from the department of transportation (WSDOT).

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Scott Sanders, Washington State Department of Transportation, P.O. Box 47390, Olympia, WA 98504-7390 , AND RECEIVED BY December 21, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This change is to align the WAC with an administrative change we are coordinating with the four counties that run county ferry operations, Pierce, Skagit, Whatcom and Wahkiakum, and the county road administration board (CRAB).

Reasons Supporting Proposal: The reasons supporting this proposed change are to simplify and better coordinate the reporting of information on their transportation systems for the counties, CRAB and WSDOT; to allow us to use historical accounting information as the basis for processing the distribution of funds to support the county ferry operations as directed in RCW 47.56.720 and 46.56.725 [47.56.725]; and to take advantage of the routine single audit audits of the counties' financial reports and the assurance provided by those routine audits performed by the state auditor's office. Basing our distribution of the annual operating subsidy on historical information would be in lieu of using projections based on the June revenue forecast and results of county operations that have been restated to coincide with the state fiscal year. The distribution itself would still be dependent on the state fiscal and appropriation cycle and no change would be required as far as that part of the process is concerned.

Statutory Authority for Adoption: RCW 34.05.353 (1)(a) and (e).

Statute Being Implemented: RCW 47.56.720 and 47.56.725.

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

Name of Proponent: Scott Sanders, highway and local programs division, Washington state department of transportation, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Scott Sanders, WSDOT Headquarters, Olympia, (360) 705-7373.

October 20, 2009

Stephen T. Reinmuth

Chief of Staff

OTS-2749.1


AMENDATORY SECTION(Amending Order 122, filed 9/19/90, effective 10/20/90)

WAC 468-22-060   Procedures for obtaining financial assistance.   To obtain financial assistance for a ferry or ferry system under RCW 47.56.720 or 47.56.725, a county and the department shall comply with the following procedures:

(1) Before receiving financial assistance, a county shall sign an agreement with the department, the form of which shall be agreed upon between the department, and the county.

(2) County requests for reimbursement and department payments to counties shall be made in the manner specified in the agreement for financial assistance.

(3) No later than ((September)) April 1 of each year, a county shall provide to the department, on a form prescribed by the department, a complete accounting of that county ferry's toll revenues and operation and maintenance expenditures for the previous ((state)) county fiscal year.

[Statutory Authority: Chapter 34.05 RCW. 90-19-103 (Order 122), 468-22-060, filed 9/19/90, effective 10/20/90.]

Washington State Code Reviser's Office