WSR 10-09-034

PROPOSED RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed April 14, 2010, 11:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-20-045.

Title of Rule and Other Identifying Information: Amending chapters 479-10 and 479-12 WAC to add language regarding small city matching funds provided by the transportation improvement board for small city projects.

Hearing Location(s): The Heathman Lodge, 7801 N.E. Greenwood Drive, Vancouver, WA 98662, (360) 254-3100, on June 25, 2010, at 9:00 a.m.

Date of Intended Adoption: June 25, 2010.

Submit Written Comments to: Eileen Bushman, P.O. Box 40901, Olympia, WA 98504-0901, e-mail eileenb@tib.wa.gov, fax (360) 586-1165, by June 11, 2010.

Assistance for Persons with Disabilities: Contact Eileen Bushman by June 4, 2010, (360) 586-1146.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To define and provide criteria for small cities to receive matching funds from the transportation improvement board. Chapter 47.26 RCW finds that it is in the state's interest to support the economic vitality of all cities and towns, recognizing that those cities and towns with a population of less than five thousand are unable to fully maintain and preserve their street and sidewalk system.

Reasons Supporting Proposal: The new language to chapters 479-10 and 479-12 WAC would establish the principles under which small cities would receive matching funds and provide rules for small cities to receive the necessary funding to repair and maintain their infrastructure.

Statutory Authority for Adoption: Chapter 47.26 RCW.

Statute Being Implemented: RCW 47.26.345 and 47.26.340.

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

Name of Proponent: Washington state transportation improvement board, governmental.

Name of Agency Personnel Responsible for Drafting: Rhonda Reinke, P.O. Box 40901, Olympia, WA 98504-0901, (360) 586-1140; Implementation and Enforcement: Stevan Gorcester, P.O. Box 40901, Olympia, WA 98504-0901, (360) 586-1139.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Customers are local government entities.

A cost-benefit analysis is not required under RCW 34.05.328. Not required under RCW 34.05.328(5).

April 14, 2010

Stevan Gorcester

Executive Director

OTS-3103.1


AMENDATORY SECTION(Amending WSR 08-21-005, filed 10/2/08, effective 11/2/08)

WAC 479-10-011   Programs funded from the small city pavement preservation and sidewalk account.   The small city pavement preservation and sidewalk account funds ((both the)):

(1) Small city preservation program and ((the)) if funds are available, for use on a project-by-project basis for the small cities to match federal funding provided for local government federal aid of transportation, on a first come/first served basis; and

(2) City hardship assistance program.

[Statutory Authority: Chapter 47.26 RCW. 08-21-005, 479-10-011, filed 10/2/08, effective 11/2/08.]


NEW SECTION
WAC 479-10-170   Small city match funding eligibility and application.   Cities may request matching funds for projects that meet TIB eligibility requirements for small city preservation program funding as described in WAC 479-10-120 and 479-10-121. A TIB funding application form must be submitted to apply for match funding.

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NEW SECTION
WAC 479-10-171   Restriction on use of small city match funding.   Match funds are only for transportation projects funded through federal transportation grants. All other local sources must be sought before applying for match funds from TIB.

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NEW SECTION
WAC 479-10-172   Small city match funding priority.   If funds remain after small city preservation program projects are funded, match funds may be committed to eligible projects. The priority for funding is in the order in which the applications are received until the available funds are fully allocated.

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NEW SECTION
WAC 479-10-173   If small city match funding is fully allocated.   If an eligible application is received after all of the funding is allocated, the local agency may seek board approval for funding at the next scheduled board meeting from the notice of denial from TIB staff. The notice of denial may be in the form of an e-mail or letter.

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NEW SECTION
WAC 479-10-174   Small city match funding increases.   Increases in match funding for chosen projects may be made within the executive director's authority in accordance with WAC 479-01-060.

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OTS-3104.2


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

WAC 479-12-011   Programs funded from the urban arterial trust account.   The urban arterial trust account funds the following programs:

(1) The urban arterial program;

(2) The small city arterial program((; and)):

(a) Grants; and

(b) Match funding.

(3) The sidewalk programs:

(a) Urban sidewalk program; and

(b) Small city sidewalk program.

[Statutory Authority: Chapter 47.26 RCW. 07-18-050, 479-12-011, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-12-011, filed 11/23/99, effective 12/24/99.]


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

WAC 479-12-131   Award criteria for the urban arterial program.   The board establishes the following criteria for use in evaluating urban arterial program grant applications:

(1) Safety improvements - addresses accident reduction, eliminates roadway hazards, and corrects roadway deficiencies.

(2) Mobility improvements - improves level of service, improves access to generators, and connects urban street networks.

(3) Pavement condition - replaces or rehabilitates street surfaces and structural deficiencies.

(4) ((Mode accessibility - provides additional high occupancy vehicle lanes, bus volume, or nonmotorized facilities.)) Sustainability - improves mode accessibility, reduces or eliminates water detention, and encourages energy reduction technology and use of recycled materials.

(5) Local support - demonstrates initiative to achieve full funding and project completion.

[Statutory Authority: Chapter 47.26 RCW. 07-18-050, 479-12-131, filed 8/30/07, effective 9/30/07.]


NEW SECTION
WAC 479-12-215   Small city match funding allocation.   Within the small city arterial program, ten percent of the annual allocation may be portioned as an amount available for small cities to match federal funding provided for local government federal aid of transportation, on a first come/first served basis.

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

WAC 479-12-231   Award criteria for the small city arterial program.   The board establishes the following criteria for use in evaluating small city arterial program grant applications:

(1) Safety improvement - projects that address accident reduction, hazard elimination, and roadway deficiencies.

(2) Pavement condition - replaces or rehabilitates street surfaces and structural deficiencies.

(3) Local support - projects that improve network development and address community needs.

(4) Sustainability - improves network development of street system, reduces or eliminates water detention, and encourages energy reduction technology and use of recycled materials.

[Statutory Authority: Chapter 47.26 RCW. 07-18-050, 479-12-231, filed 8/30/07, effective 9/30/07.]


NEW SECTION
WAC 479-12-270   Small city match funding eligibility and application.   Cities with a population under five thousand may request matching funds for projects that meet TIB eligibility requirements for the small city arterial program described under WAC 479-12-221. A TIB funding application form must be submitted to apply for match funding.

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NEW SECTION
WAC 479-12-271   Restriction on use of small city match funding.   Match funds are only for transportation projects funded through federal transportation grants. All other local funding sources must be sought before applying for match funds from TIB.

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NEW SECTION
WAC 479-12-272   Small city match funding priority.   The priority for funding match applications is the order in which the applications are received until the funds are fully allocated.

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NEW SECTION
WAC 479-12-273   If small city match funding is fully allocated.   If an eligible application is received after all of the apportioned funding is committed, TIB may use small city preservation program funds as described in WAC 479-10-011 and 479-10-174. If all SCAP and SCPP funds are committed, the local agency may present their project to the board at the next scheduled board meeting after receiving the notice of denial from TIB staff. The notice of denial may be in the form of an e-mail or letter.

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NEW SECTION
WAC 479-12-274   Small city match funding increases.   Increases in match funding for chosen projects may be made within the executive director's authority in accordance with WAC 479-01-060.

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

WAC 479-12-431   Award criteria for the sidewalk program.   The board establishes the following criteria for use in evaluating sidewalk program grant applications for both urban and small city sidewalk projects:

(1) Safety improvement - projects that address hazard mitigation and accident reduction.

(2) Pedestrian access - projects that improve or provide access to facilities including:

(a) Schools;

(b) Public buildings;

(c) Central business districts;

(d) Medical facilities;

(e) Activity centers;

(f) High density housing (including senior housing);

(g) Transit facilities;

(h) Completes or extends existing sidewalks.

(3) Local support - addresses local needs and is supported by the local community.

(4) Sustainability - improves sidewalk width, provides hardscaping and appropriate plantings, addresses low impact development or natural drainage practices, and encourages previous surface use.

[Statutory Authority: Chapter 47.26 RCW. 07-18-050, 479-12-431, filed 8/30/07, effective 9/30/07.]

Washington State Code Reviser's Office