WSR 10-08-014

EMERGENCY RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed March 26, 2010, 3:18 p.m. , effective March 26, 2010, 3:18 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Passage of ESSB 6381 increases appropriation amounts for the rural arterial program by $22,000,000. Amendments to WAC 136-161-070 RAP program cycle and 136-161-080 Limitations on allocations of RATA funds to counties are required for immediate expenditure in this biennium.

Citation of Existing Rules Affected by this Order: Amending WAC 136-161-070 and 136-161-080.

Statutory Authority for Adoption: Chapter 36.78 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: Passage of ESSB 6381 increases appropriation amounts for the rural arterial program by $22,000,000. Amendments to WAC 136-161-070 RAP program cycle and 136-161-080 Limitations on allocations of RATA funds to counties are required for immediate expenditure in this biennium.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 26, 2010.

Jay P. Weber

Executive Director

OTS-3146.1


AMENDATORY SECTION(Amending WSR 01-05-009, filed 2/8/01, effective 3/11/01)

WAC 136-161-070   RAP program cycle -- Selection and approval of projects for RATA funding.   (1) At its last regular meeting before the beginning of each biennium, the county road administration board will select projects and allocate anticipated RATA funds to projects in each region. The preliminary priority arrays as developed in WAC 136-161-060 will be updated to exclude any county which is ineligible under chapter 136-150 WAC, and projects will be selected from these arrays. Selections will be made in each region in declining priority rank order, provided that:

(a) No county shall be allocated RATA funds in excess of its regional county limit as specified in WAC 136-161-080; and

(b) Any projects which were partially funded in the prior biennium shall, unless otherwise requested by the county, be fully funded before new projects are selected. Ties in total rating points will be broken by the county road administration board in favor of the county having the lesser total amount of previously allocated RATA funds.

(2) The statewide net amount of RATA funds available for allocation to projects in the funding period will be based on the most recent state fuel tax revenue forecast prepared quarterly by the department of transportation and may include changes in appropriations approved by the legislature, less estimated administrative costs, and less any amounts set aside for emergent projects as described in WAC 136-163-020. The total amount of RATA funds available for allocation to projects in a region (i.e., "forecasted regional apportionment amount") will be based on the regional apportionment percentages of the statewide net amount as determined in chapter 136-100 WAC.

(3) For the funding period beginning July 1, 1995, the project program period will be the next four state fiscal years (1996, 1997, 1998 and 1999, beginning July 1, 1995, and ending June 30, 1999). For the funding period beginning July 1, 1997, the project program period will begin July 1, 1999 and end June 30, 2001.

(4) The RATA amounts allocated to projects in the first year of the biennium are limited to no more than ninety percent of the net amount estimated to be allocable to each region for the project program period, with the remaining percentage allocated at such time as deemed appropriate by the county road administration board.

(5) Acceptance of the RATA allocation for a project by the full execution of a CRAB/county contract as described in chapter 136-170 WAC constitutes agreement to complete the project in compliance with the scope, design and project limits in the final prospectus. All material changes to the scope, design or project limits must be approved by the county road administration board prior to commencement of construction.

[Statutory Authority: Chapter 36.79 RCW. 01-05-009, 136-161-070, filed 2/8/01, effective 3/11/01; 99-01-021, 136-161-070, filed 12/7/98, effective 1/7/99; 98-09-070, 136-161-070, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-161-070, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-16-111, 136-161-070, filed 8/2/94, effective 9/2/94.]


AMENDATORY SECTION(Amending WSR 10-05-018, filed 2/4/10, effective 3/7/10)

WAC 136-161-080   Limitations on allocations of RATA funds to counties.   ((For any project program period,)) Commencing with the 2009-2011 biennium program period, the CRABoard may allocate additional RATA funding to projects based on changes in appropriations approved by the legislature. Commencing with the 2009-2011 biennium program period the following limitations apply: No county shall receive a RATA fund allocation greater than the following maximum project RATA contribution((, or percentage of the forecasted regional apportionment amount)):

(1) PSR: ((No maximum project RATA contribution;)) 40% limit on ((percentage of the forecasted regional apportionment amount)) both the regional apportionment of estimated fuel tax revenue and the regional apportionment of appropriations approved by the legislature;

(2) NWR: ((No maximum project RATA contribution; twenty percent)) 20% limit on ((percentage of the forecasted regional apportionment amount)) both the regional apportionment of estimated fuel tax revenue and the regional apportionment of appropriations approved by the legislature;

(3) NER: ((No maximum project RATA contribution;)) Maximum RATA contribution to each county for 2R projects is seven hundred fifty thousand dollars; ((twelve and one-half percent)) 12.5% limit on ((percentage of the forecasted regional apportionment amount)) both the regional apportionment of estimated fuel tax revenue and the regional apportionment of appropriations approved by the legislature;

(4) SWR: ((No maximum project RATA contribution; fifteen percent)) 15% limit on ((percentage of the forecasted regional apportionment amount)) both the regional apportionment of estimated fuel tax revenue and the regional apportionment of appropriations approved by the legislature;

(5) SER: ((No maximum project RATA contribution;)) Percentage varies by county as follows:


(a) Asotin County ten percent
(b) Benton County fourteen percent
(c) Columbia County eleven percent
(d) Franklin County thirteen percent
(e) Garfield County ten percent
(f) Kittitas County thirteen percent
(g) Klickitat County fourteen percent
(h) Walla Walla County fourteen percent
(i) Yakima County twenty percent

[Statutory Authority: Chapter 36.78 RCW. 10-05-018, 136-161-080, filed 2/4/10, effective 3/7/10. Statutory Authority: Chapter 36.79 RCW. 08-16-042, 136-161-080, filed 7/29/08, effective 8/29/08; 07-17-020, 136-161-080, filed 8/6/07, effective 9/6/07; 03-11-046, 136-161-080, filed 5/16/03, effective 6/16/03; 99-01-021, 136-161-080, filed 12/7/98, effective 1/7/99; 98-09-070, 136-161-080, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. 94-16-111, 136-161-080, filed 8/2/94, effective 9/2/94.]

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