WSR 10-01-102

PROPOSED RULES

TRANSPORTATION COMMISSION


[ Filed December 17, 2009, 11:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-19-093.

Title of Rule and Other Identifying Information: Clarifying and consolidating the process to request and consider a route jurisdiction transfer. Repealing chapters 468-700 and 468-705 WAC and adopting clarified procedures as chapter 468-710 WAC.

Hearing Location(s): Washington State Department of Transportation, Commission Board Room (1D2), 310 Maple Park Avenue S.E., Olympia, WA 98504, on February 17, 2010, at 9:00 a.m.

Date of Intended Adoption: February 17, 2010.

Submit Written Comments to: Reema Griffith, Executive Director, WSTC, P.O. Box 47308, Olympia, WA 98504-7308, e-mail griffir@wstc.wa.gov, fax (360) 705-6802, by February 1, 2010.

Assistance for Persons with Disabilities: Contact Reema Griffith by February 1, 2010, TTY (800) 833-6388 ask to be connected to (360) 705-7070.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Based upon legislative action moving the route jurisdiction program from the transportation improvement board to the transportation commission, existing administrative rules for this program were transferred to the commission. These rules provide guidelines for applying the statutory criteria in administering the program. Route jurisdiction transfers add, delete, or make other changes to the state highway system.

This proposal makes technical, nonsubstantive changes to the rules, eliminating redundant language that duplicated statutory provisions, clarifying how an entity requests a route jurisdiction transfer, and consolidating WAC sections related to the notice, hearing and comment process to improve the flow and clarity of the rules.

Reasons Supporting Proposal: To simplify and clarify the route jurisdiction transfer process.

Statutory Authority for Adoption: RCW 47.01.425.

Statute Being Implemented: RCW 47.01.425.

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

Name of Proponent: Washington state transportation commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Reema Griffith, P.O. Box 47308, Olympia, WA 98504, (360) 705-7070.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule impacts only city, county and state agencies.

A cost-benefit analysis is not required under RCW 34.05.328. This rule impacts only city, county and state agencies.

December 17, 2009

Reema Griffith

Executive Director

OTS-2865.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 468-700-010 Purpose and authority.
WAC 468-700-100 Definitions.
WAC 468-700-150 Criteria for rural highway routes.
WAC 468-700-200 Criteria for urban highway routes.
WAC 468-700-250 Interpretation and application of criteria to specific routes.
WAC 468-700-300 Administration costs.
WAC 468-700-350 Board review of route jurisdiction transfer requests.
WAC 468-700-400 Reports to legislative transportation committee.

OTS-2864.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 468-705-010 Contents of request for jurisdiction transfer.
WAC 468-705-050 Annual cutoff date for jurisdiction transfer requests.
WAC 468-705-100 Additional public testimony for consideration of jurisdiction transfer requests.
WAC 468-705-150 Notice of solicitation for public testimony.
WAC 468-705-200 Notice of preliminary finding.
WAC 468-705-250 Comment period.
WAC 468-705-300 Notice of final finding.
WAC 468-705-350 Contents of report to legislative transportation committee.

OTS-2863.2

Chapter 468-710 WAC

ROUTE JURISDICTION TRANSFER RULES, REGULATIONS AND REQUIREMENTS


NEW SECTION
WAC 468-710-010   Purpose and authority.   RCW 47.01.425 provides that the transportation commission shall receive and review letters of request from cities, counties, or the department of transportation requesting any addition or deletion from the state highway system. The commission shall use the criteria established in RCW 47.17.001 to evaluate these requests and to adopt administrative rules.

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NEW SECTION
WAC 468-710-020   Definitions.   For purposes of implementing the requirements of RCW 47.01.425 and 47.17.001, relative to the transportation commission, the following definitions shall apply:

Commission - When commission is used in this chapter, it refers to the transportation commission.

Connecting link - Connecting links should provide system continuity, including needed alternate routing of regionally oriented through-traffic or access to major regional-based public facilities or traffic generators. Generally, links bypass the central business district and/or the central city and form loops and beltways.

Connection to places - Places may be considered connected if they are within approximately two miles of a state highway.

Corridor - A corridor may vary depending on the characteristics of a region and the use of the facilities. The corridor limits used by the commission to analyze a state highway route will be as described by the metropolitan planning organization (MPO) or regional transportation planning organization (RTPO) for the area where the route is located.

Parallel highway route - Parallel route consideration is used to analyze alternative routes within the same corridor. Outside a corridor, a route should be considered a viable highway route if it meets the other criteria in this chapter.

Population equivalency of one thousand or more - To determine the equivalent population of a recreation area, refer to the WSDOT publication, "Guidelines for Amending Urban Boundaries, Functional Classifications, and Federal-Aid Systems."

Rural highway route - A rural highway route is the portion of a route that lies outside a federal urban area boundary.

Urban highway route - An urban highway route is the portion of a route that is within a federal urban area boundary.

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NEW SECTION
WAC 468-710-030   Criteria for rural and urban highway routes.   In considering whether to make additions, deletions, or other changes to the state highway system, the legislature is guided by criteria in RCW 47.17.001. Counties, cities, the department of transportation and the commission will use these same criteria to assess the merits of any proposed changes to the state highway system.

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NEW SECTION
WAC 468-710-040   Requesting a route jurisdiction transfer.   The agency initiating a route jurisdiction transfer request shall do so by submitting a written request to the commission utilizing the criteria specified in RCW 47.17.001. This written request shall be signed by the head of the requesting agency.

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NEW SECTION
WAC 468-710-050   Annual cutoff date for jurisdiction transfer requests.   Prior to February 1, yearly, cities, counties or the department of transportation shall submit a letter of request for jurisdiction transfer to the commission. The written request shall be in conformance with the procedures established in this chapter.

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NEW SECTION
WAC 468-710-060   Additional public testimony for consideration of jurisdiction transfer requests.   (1) At the discretion of the commission, and in addition to a regularly scheduled commission meeting, public testimony may be solicited relative to a specific jurisdiction transfer request. The commission will record public testimony and develop summary minutes of the meeting.

(2) If public testimony is solicited, the commission will provide written notice to each agency involved in the transfer, legislators whose districts are impacted by the proposed route transfer and any others who have specifically requested in writing to be provided notice.

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NEW SECTION
WAC 468-710-070   Review and comment period.   (1) The commission shall prepare a preliminary finding for all jurisdiction transfer requests and provide written notice of the preliminary finding to the interested parties indicated in WAC 468-710-060(2) for review and comment.

(2) For preliminary findings, the commission will provide thirty calendar days from the date the notice is mailed for interested parties to provide written comments on the preliminary finding. The individuals giving comment must provide their name and address and the comments must address the criteria specified in RCW 47.17.001.

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NEW SECTION
WAC 468-710-080   Notice and report of final finding.   (1) Following the thirty calendar-day comment period, the commission will prepare a report of final finding and recommendation for submittal to the senate and house transportation committees. The commission will consider any comments or additional information and provide written notice of the final finding to the interested parties indicated in WAC 468-710-060(2).

(2) The contents of the report should include:

(a) Name of agency submitting the request for transfer;

(b) Route being considered for transfer;

(c) A map;

(d) Comparison against the criteria specified in RCW 47.17.001;

(e) Findings;

(f) recommendation; and

(g) Supplemental information, such as:

(i) Summary minutes of meetings;

(ii) Comments received;

(iii) Response to comments; and

(iv) Other appropriate information.

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Washington State Code Reviser's Office