PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-19-100.
Title of Rule and Other Identifying Information: Amending chapters 479-01, 479-05, 479-10, and 479-14 WAC and repealing chapter 479-12 WAC to:
1. Reflect transfer of the urban arterial trust account (UATA) into the transportation improvement account (TIA) per chapter 120, Laws of 2011.
2. Amend the delayed projects process.
3. Determine population thresholds for programs in the small city pavement and sidewalk account per chapter 14, Laws of 2011.
4. Develop new WAC to implement RCW 47.26.185.
Hearing Location(s): The Coast Wenatchee Center Hotel and Convention Center, 201 North Wenatchee Avenue, Wenatchee, WA 98801, on March 23, 2012, at 9:00 a.m.
Date of Intended Adoption: March 23, 2012.
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 March 12, 2012.
Assistance for Persons with Disabilities: Contact Eileen Bushman by March 12, 2012, (360) 586-1146.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 1 and 2. These amendments are needed to comply with chapter 120, Laws of 2011, which eliminated the UATA and transferred that funding into the TIA. Combining the two funds allows a simpler cash management process for the transportation improvement board (TIB) and offers more flexibility within the programs for our customers. In addition, this change eliminated the delayed projects process under the UATA, which had different stipulations than the delayed projects process under the TIA. This amendment restores and modifies the delayed projects process.
3. These amendments are needed to comply with chapter 14, Laws of 2011, which gives cities the option of including or excluding population of any state correctional facility located within the city when applying for funds.
4. Some small cities and towns do not have the resources or staff to administer the design and construction of an approved project. This would allow TIB the option to offer the necessary services, providing these affected cities or towns the ability to successfully complete a transportation project.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Statute Being Implemented: RCW 47.26.185;
Chapters 14 and 120, Laws of 2011.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: TIB, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Stevan Gorcester, P.O. Box 40901, Olympia, WA 98504, (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)(b).
January 30, 2012
Stevan Gorcester
Executive Director
OTS-4559.1
AMENDATORY SECTION(Amending WSR 07-18-050, filed 8/30/07,
effective 9/30/07)
WAC 479-01-010
Organization of the transportation
improvement board.
The transportation improvement board is a
twenty-one member board, organized under the provisions of RCW 47.26.121. The board administers ((the urban arterial trust
account,)) the transportation improvement account((,)) and the
small city pavement and sidewalk account.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-01-010, filed 8/30/07, effective 9/30/07; 03-16-077, § 479-01-010, filed 8/4/03, effective 9/4/03. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-01-010, filed 11/23/99, effective 12/24/99. Statutory Authority: 1995 c 269 § 2601. 95-22-056, § 479-01-010, filed 10/30/95, effective 11/30/95. Statutory Authority: Chapter 47.26 RCW. 95-04-072, § 479-01-010, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-01-010, filed 5/10/90, effective 6/10/90; 83-22-021 (Order 83-01, Resolution Nos. 770, 771 and 772), § 479-01-010, filed 10/26/83; Order 31 (part), § 479-01-010, filed 11/8/67.]
(1) TIB - The transportation improvement board.
(2) Board - The transportation improvement board refers to the group of board members defined in RCW 47.26.121 and does not include the executive director or staff.
(3) Director - The executive director of the transportation improvement board.
(4) Staff - Refers to the employees of the transportation improvement board excluding the executive director.
(5) Agency - All cities, towns, counties, and transportation benefit districts eligible to receive board funding.
(6) Local agency official - Refers to a local agency elected official or staff who is authorized to sign contracts on the city, town, county, or transportation benefit district's behalf.
(7) Urban area - Refers to the portion of a county within the federal urban area boundary as designated by the Federal Highway Administration and/or Washington state's Growth Management Act.
(8) Six-year transportation plan - Refers to the city or county six-year transportation plan for coordinated transportation program expenditures per RCW 35.77.010 and 36.81.121.
(9) Small city - Refers to an incorporated city or town with a population of less than five thousand.
(10) Sidewalk program - Refers to both the urban and small city sidewalk programs.
(11) Population - Is defined as office of financial management official published population at the time of application.
(12) Highway urban area population - As published by the office of financial management.
(13) Scope change - Refers to a change in the physical characteristics and/or dimensions of a project.
(14) ((RJT - route jurisdiction transfer.
(15) RTP - road transfer program (also known as the))
CHAP - City Hardship Assistance Program ((or CHAP))).
(((16) UATA - urban arterial trust account.
(17))) (15) TIA - Transportation improvement account.
(((18))) (16) Matching funds - All funds contributed to a
project other than TIB funds.
(17) Construction ready - Is defined as a project that has design, plans specifications and estimates, right of way, permits, and all sources of match funding to enable advertisement for bids.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-01-040, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-01-040, filed 11/23/99, effective 12/24/99. Statutory Authority: Chapter 47.26 RCW. 95-04-072, § 479-01-040, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-01-040, filed 5/10/90, effective 6/10/90.]
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-01-050, filed 8/30/07, effective 9/30/07; 03-16-077, § 479-01-050, filed 8/4/03, effective 9/4/03. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-01-050, filed 11/23/99, effective 12/24/99. Statutory Authority: 1995 c 269 § 2601. 95-22-056, § 479-01-050, filed 10/30/95, effective 11/30/95.]
(1) The executive director will direct and supervise all day-to-day activities of the staff.
(2) The executive director is the appointing authority of the staff and may authorize subordinates to act in the executive director's place to carry out administrative duties.
(3) ((The executive director has waiver authority for
value engineering studies as described in WAC 479-05-040.
(4))) The executive director has sidewalk deviation
authority as described in WAC ((479-12-500 and)) 479-14-200.
(((5))) (4) The executive director has administrative
increase authority for projects up to the following levels:
(a) Urban ((corridor)) program – Fifteen percent of
project costs or seven hundred fifty thousand dollars
whichever is less.
(b) ((Urban arterial program – fifteen percent of project
costs or seven hundred fifty thousand dollars whichever is
less.
(c))) Small city arterial program – Up to one hundred twenty-five thousand dollars.
(((d) Road transfer)) (c) City hardship assistance
program – Up to seventy-five thousand dollars.
(((e))) (d) Sidewalk program – Up to fifty thousand
dollars for small city projects; zero for urban projects.
(((f))) (e) Small city preservation program – Up to two
hundred thousand dollars within available funding limitations.
(f) Small city federal match within the limits set by the board in accordance with WAC 479-14-215.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-01-060, filed 8/30/07, effective 9/30/07.]
OTS-4560.1
AMENDATORY SECTION(Amending WSR 07-18-050, filed 8/30/07,
effective 9/30/07)
WAC 479-05-020
Six-year transportation plan.
Projects
selected in the priority array must be included in the local
agency's six-year transportation plan prior to receiving
authorization to proceed on the project.
Small city preservation projects identified through pavement condition ratings are not required to appear in the local agency's six-year transportation plan.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-020, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-020, filed 11/23/99, effective 12/24/99.]
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-030, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-030, filed 11/23/99, effective 12/24/99.]
(1) The local agency does not have certification acceptance from the state department of transportation per the Washington state department of transportation local agency guidelines manual, chapter 13; or
(2) The executive director determines that the local agency has no internal capacity to directly administer transportation projects.
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(1) Significant project complexity;
(2) Significant structures;
(3) Significant right of way;
(4) Multiple alignment options;
(5) Environmentally sensitive areas;
(6) Complex interagency involvement.
The value engineering study ((requirement)) is completed
when the local agency submits the recommendation report to
TIB. TIB may consider what recommendations are accepted or
rejected when evaluating any funding increase or scope change
request.
[Statutory Authority: Chapters 47.26 and 47.66 RCW. 08-10-012, § 479-05-040, filed 4/24/08, effective 5/25/08. Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-040, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-040, filed 11/23/99, effective 12/24/99.]
(1) Design phase – Documents that must be received prior to phase approval include:
(a) Signed funding status form confirming that the funding partners are fully committed;
(b) Page from the adopted six-year transportation plan which lists the project;
(c) Signed fuel tax agreement; ((and if applicable))
(d) Consultant agreement (small city arterial and small city sidewalk programs only).
(2) Bid phase – Documents that must be received prior to phase approval include:
(a) Signed bid authorization form that contains:
(i) Plans and specification package;
(ii) Written confirmation of funding partners; and
(iii) Confirmation that full funding is available for the project;
(b) Signed confirmation that right of way is acquired or possession and use agreement is in place;
(c) Engineer's estimate is in final format; ((and if
applicable:
(i))) (d) Consultant agreement (small city arterial and small city sidewalk programs only);
(((ii))) (e) Certification that a cultural resource
assessment was completed;
(((iii))) (f) Traffic signal warrants.
(3) Construction phase – Documents that must be received prior to phase approval include:
(a) Updated cost estimate form signed by a local agency official and the project engineer;
(b) Bid tabulations; and
(c) Description of cost changes.
(4) Project closeout phase – Documents that must be received prior to phase approval include:
(a) Updated cost estimate form signed by a local agency official and the project engineer;
(b) Final summary of quantities; and
(c) Accounting history signed by a local agency official or the financial manager.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-051, filed 8/30/07, effective 9/30/07.]
(1) Utility and railroad relocations and adjustments;
(2) Government force work;
(3) Work eligible from the small works roster; and
(4) Local agencies may be otherwise exempt from bidding requirements if so authorized by an applicable statute contained in chapter 36.77, 35.22, 35.23, or 35.27 RCW.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-060, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-060, filed 11/23/99, effective 12/24/99.]
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-080, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-080, filed 11/23/99, effective 12/24/99.]
(1) If it is a direct cost for utility adjustments that are owned by the local government;
(2) If the utility provider owns the property in fee title; or
(3) If the utility franchise agreement requires the local agency to pay for those utility adjustments or relocations required by state or local government.
Upgrading of utilities is not eligible for reimbursement
by ((UATA or)) TIA funds.
If the proposed work will cause a significant change in scope, the agency must seek board approval.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-100, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-100, filed 11/23/99, effective 12/24/99.]
(1) The contractor for the construction phase of the project; or
(2) Local agency employees.
((UATA or)) TIA funds may be used in the costs to
underground service connections for street illumination and
traffic signal services within the approved project scope.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-120, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-120, filed 11/23/99, effective 12/24/99.]
(1) Landscaping includes:
(a) Cost of trees, shrubs, sod, and other plant material.
(b) Top soil and bark.
(c) Irrigation and tree grates.
(d) Labor for installation.
(2) Aesthetic improvement includes:
(a) Ornamental lighting.
(b) The local agency share of the cost of undergrounding of utilities.
(c) Public art.
(d) Special surfacing treatments (stamped concrete, pavers).
(e) Labor for installation.
(3) Items not considered landscaping or aesthetic improvements are:
(a) Erosion control treatments.
(b) Wetland mitigation (plantings) required by federal or state regulations.
(c) Property restoration.
Requests for increases in landscaping and related costs
are subject to WAC 479-05-201, 479-05-202, and 479-05-203.
Landscaping costs in excess of the ((three)) five percent
limit may be paid for by funding sources other than TIB funds.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-130, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-130, filed 11/23/99, effective 12/24/99.]
(1) Sound walls/berms: Unless required by specific regulations, TIB will not participate in this cost.
(2) Superfund sites: TIB funds will not participate in the cost of cleanup.
(3) Bridges: Bridge designs exceeding the most cost effective are not eligible for participation.
(4) Wetlands: Mitigation in excess of what is required by federal or state requirements is not eligible to be reimbursed.
((UATA or)) TIA funds may not be used for excessive
design, mitigation beyond federal or state requirements, or
other unusual project features.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-131, filed 8/30/07, effective 9/30/07.]
At bid phase, right of way acquisitions should be completed and certified. If all right of way cannot be certified, the local agency must have possession and use agreements for the remaining parcels.
If under any circumstances right of way purchased with board funds is subsequently sold or transferred to a nontransportation purpose, the proceeds of the sale or equivalent value shall be placed in the local agency's appropriate transportation fund and expended solely for street or road improvement purposes.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-140, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-140, filed 11/23/99, effective 12/24/99.]
(1) It is deemed by TIB to be in the best interest of the project to purchase the entire parcel;
(2) An entire parcel take is required by local resolution; or
(3) An uneconomic remnant will remain.
If after the completion of the project, the uneconomic
remnant is sold, transferred, or rezoned to make it an
economic remnant, the proceeds of any sale will be placed back
in the local agency's ((motor vehicle)) appropriate
transportation fund to be used for street or road improvement
purposes only.
In the event the project is not built, TIB funds expended for right of way may be requested to be refunded to the board.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-141, filed 8/30/07, effective 9/30/07.]
Surveying and materials testing costs, even if they are
part of the contract costs, are considered part of
construction engineering and are subject to the
((twenty-five)) thirty percent limit or twenty percent limit
if funded as construction ready. Exceptions to the
((twenty-five)) thirty percent engineering limit, or twenty
percent engineering limit if funded as construction ready, may
be considered for small city projects when an unforeseen issue
arises that is beyond the control of the local agency. The
local agency may request an increase through WAC 479-05-202
processes.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-170, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. 99-24-038, § 479-05-170, filed 11/23/99, effective 12/24/99.]
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-171, filed 8/30/07, effective 9/30/07.]
(1) Urban ((corridor)) program projects do not reach
construction phase within ((five)) four 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))
ready" will be considered delayed if construction does not
begin within one year of funding becoming available.
(((4))) (3) All other programs must reach construction
phase within two years and six months.
The award date or date funding is made available to the local agency by TIB, whichever is earlier, is the starting point in calculating the delay date.
[Statutory Authority: Chapter 47.26 RCW. 09-09-002, § 479-05-211, filed 4/1/09, effective 5/2/09; 07-18-050, § 479-05-211, filed 8/30/07, effective 9/30/07.]
(1) Stage 1 delay - If the project does not meet the project target date per WAC 479-05-211.
(2) ((Stage 2 delay - if the project does not meet the
revised bid date as agreed in Stage 1 delay under WAC 479-05-213(1), or one year after Stage 1 delay.
(3))) Stage ((3)) 2 delay - If the project does not meet
the revised bid date as agreed to under Stage ((2)) 1 delay
under WAC 479-05-213(((2))) (1), or one year after ((Stage 2
delay)) being designated as a Stage 1 delayed project.
((The executive director has discretion when moving
projects from one stage of delay to the next and may consider
pending bid dates or other indications or impending
progress.))
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-212, filed 8/30/07, effective 9/30/07.]
(1) Stage 1 - ((agency plan letter)) Delayed project. The TIB staff report the delayed project to the board at a
regularly scheduled board meeting. The executive director
requests a letter from the local agency ((to respond with a
progress plan to get back on schedule.
(2) Stage 2 - explanation and commitment. The local agency provides TIB staff with an explanation of)) explaining why the project continues to be delayed and a commitment date which is acceptable to the executive director or board.
(((3))) (2) Stage ((3 - hearing)) 2 - Contingency
project. If the agency misses the agreed upon date(s) or
deadlines set in the Stage ((2)) 1 review, the ((agency will
be provided a hearing in front of the board at the next
regularly scheduled meeting. The result of the hearing will
include an absolute date for resolution which is agreed to by
the board.
If the local agency does not meet the absolute date for resolution as agreed to by the board in the Stage 3 hearing, the project may be suspended or the agency may be requested to withdraw the project and reapply for funding in a later application cycle)) project will be designated a contingency project. The board must restore a contingency project to active status before approval to access additional TIB funds may be authorized by the executive director.
A project remaining on the contingency list for twelve months will have the grant funds terminated. The agency may reapply for funding in a later grant application cycle.
The executive director has discretion when moving projects from one stage of delay to the next and may consider pending bid dates or other indications of impending progress.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-05-213, filed 8/30/07, effective 9/30/07.]
The following sections of the Washington Administrative Code are repealed:
| WAC 479-05-013 | Urban project transfer for completion. |
| WAC 479-05-041 | When a value engineering study may be waived. |
OTS-4562.1
AMENDATORY SECTION(Amending WSR 08-21-005, filed 10/2/08,
effective 11/2/08)
WAC 479-10-110
Who is eligible for small city
preservation program funds.
Agencies eligible to receive
small city pavement program funding are incorporated cities
with a population less than five thousand. For the purposes
of determining population, cities may exclude the population
of any state correctional facility located within the city.
[Statutory Authority: Chapter 47.26 RCW. 08-21-005, § 479-10-110, filed 10/2/08, effective 11/2/08.]
The executive director may award match funding on a first-come, first-served basis to the limit established in WAC 479-14-215 or otherwise set by the board.
[Statutory Authority: Chapter 47.26 RCW. 10-14-027, § 479-10-170, filed 6/28/10, effective 7/29/10.]
OTS-4561.1
AMENDATORY SECTION(Amending WSR 07-18-050, filed 8/30/07,
effective 9/30/07)
WAC 479-14-011
Programs funded from the transportation
improvement account.
The transportation improvement account
funds the ((urban corridor)) following programs:
(1) The urban program;
(2) The small arterial city program:
(a) Grants; and
(b) Federal 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, § 479-14-011, filed 8/30/07, effective 9/30/07.]
(1) Counties that have an urban area;
(2) Incorporated cities with a population of five thousand or more. For the purposes of determining population, cities may include the population of any state correctional facility located within the city. Agencies exceeding population of five thousand are eligible pending designation as a federal urban area following the next federal census; and
(3) Transportation benefit districts.
Generally, the eligible agency will be designated as the project lead. However, the executive director may designate another agency as lead in the best interest of project completion or for convenience to both parties.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-14-111, filed 8/30/07, effective 9/30/07.]
(1) Improvements on federally classified arterials;
((or))
(2) Within a city qualifying for urban designation upon the next federal census as long as the project carries a federal arterial functional classification; or
(3) Within the urban growth area in counties which are in full compliance with Washington state's Growth Management Act.
Any urban street that is not functionally classified at the time of award must obtain federal functional classification prior to approval to expend board funds.
Sidewalks with five feet minimum clear width are required on both sides of the arterial unless a deviation is granted under WAC 479-14-200.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-14-121, filed 8/30/07, effective 9/30/07.]
(1) Mobility improvements - Includes system connectivity, improves flow of vehicles and freight, and extends or completes corridor for network connections.
(2) ((Local support - demonstrates initiative to achieve
full funding and project completion.)) Physical condition - Includes pavement, structural, and geometric design features
of the arterial.
(3) Growth and development improvements - Provides or improves access to urban centers, economic development, supports annexation agreements, and increases residential density.
(4) Safety improvements - Addresses accident reduction, elimination of roadway hazards, corrects roadway deficiencies, and eliminates railroad at-grade crossing.
(5) ((Mode accessibility - additions to or enhancements
of high occupancy vehicle and nonmotorized transportation
modes.)) Sustainability - Improves mode accessibility, reduces
or eliminates water detention, and encourages energy reduction
technology and use of recycled materials.
(6) Constructability - Demonstrates a strong likelihood to achieve full funding, obtain permits, acquire right of way, and reach construction within the timelines established in WAC 479-05-211.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-14-131, filed 8/30/07, effective 9/30/07.]
(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.
(2) ((East region includes eligible agencies within
Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry,
Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln,
Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla,
Whitman, and Yakima counties.
(3) West region includes eligible agencies within Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom counties.)) Northwest region includes eligible agencies within Clallam, Island, Jefferson, Kitsap, San Juan, Skagit, and Whatcom counties.
(3) Northeast region includes eligible agencies within Adams, Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.
(4) Southeast region includes eligible agencies within Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla Walla, and Yakima counties.
(5) Southwest region includes eligible agencies within Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania, Thurston, and Wahkiakum counties.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-14-141, filed 8/30/07, effective 9/30/07.]
The average of the ratios of region urban area population (RUP) divided by the statewide urban population (SUP) plus region functionally classified lane miles within the urban area (RFC) divided by statewide functionally classified lane miles within urban areas (SFC).
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-14-151, filed 8/30/07, effective 9/30/07.]
(1) For cities:
(a) If the city valuation is under $1.0 billion, the matching rate is ten percent of total project costs for arterial and sidewalk projects. Pavement preservation projects require five percent match of total project costs.
(b) If the city valuation is $1.0 billion to $2.5 billion, the rate is fifteen percent of total project costs.
(c) If the city valuation is over $2.5 billion, the rate is twenty percent of total project costs.
(2) For counties:
(a) If the road levy valuation is under $3.0 billion, the rate is ten percent of total project costs.
(b) If the road levy valuation is between $3.0 billion to $10.0 billion, the rate is fifteen percent of total project costs.
(c) If the road levy valuation is over $10.0 billion, the rate is twenty percent of total project costs.
The board uses the current published valuation from the department of revenue.
(3) For transportation benefit districts, the match is based on the valuation of the city or county in which it is located. If the project lies within more than one city or county, the match is determined by the city or county that has the greatest valuation.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-14-161, filed 8/30/07, effective 9/30/07.]
(1) The executive director has administrative authority to grant sidewalk deviations as follows:
(a) On both sides if the roadway is a ramp providing access to a limited access route;
(b) On both sides of a designated limited access facility if:
(i) Route is signed to prohibit pedestrians; or
(ii) Pedestrian facilities are provided on an adjacent parallel route;
(c) On one side if the roadway is a frontage road immediately adjacent to a limited access route; or
(d) On one side if the roadway is immediately adjacent to a railroad or other facility considered dangerous to pedestrians.
(2) All other sidewalk deviation requests require board action.
[Statutory Authority: Chapter 47.26 RCW. 07-18-050, § 479-14-200, filed 8/30/07, effective 9/30/07.]
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(1) Serves as a logical extension of a county arterial or state highway through the city; or
(2) Acts as a bypass or truck route to relieve the central core area; or
(3) Serves as a route providing access to local facilities such as:
(a) Schools;
(b) Medical facilities;
(c) Social centers;
(d) Recreational areas;
(e) Commercial centers;
(f) Industrial sites.
Sidewalks are required on one side of the roadway unless a deviation is granted under WAC 479-14-200.
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(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.
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(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.
(2) East region includes eligible agencies within Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.
(3) West region includes eligible agencies within Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom counties.
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Region small city population divided by statewide small city population.
The board may adjust the regional allocation by plus or minus five percent to fully fund the approved list of regional projects. When requested by the board, staff will update the regional allocations to ensure equitable distribution of funds.
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(1) Urban sidewalk program agency eligibility:
(a) Incorporated cities with a population of five thousand and over.
(b) Incorporated cities with a population less than five thousand which are located within a federally designated urban area.
(c) Counties with a federally designated urban area.
(2) Small city sidewalk program agency eligibility: Incorporated cities with a population under five thousand.
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(1) Urban sidewalk program project eligibility:
(a) Must be on or related to a functionally classified route; and
(b) Primary purpose of the project is transportation and not recreation.
(2) Small city sidewalk program project eligibility:
(a) The project must be located on or related to a street within the TIB designated arterial system; and
(b) Primary purpose of the project is transportation and not recreation.
For both of the subprograms, TIB does not participate in the cost for right of way acquisitions.
For the urban sidewalk program, TIB does not provide funding increases.
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(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.
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(1) Puget Sound region includes eligible agencies within King, Pierce, and Snohomish counties.
(2) East region includes eligible agencies within Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima counties.
(3) West region includes eligible agencies within Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Skamania, Thurston, Wahkiakum, and Whatcom counties.
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(1) Urban sidewalk program - The average of the ratios of region urban area population (RUP) divided by statewide urban population (SUP) plus region functionally classified lane miles within the urban area (RFC) divided by statewide functionally classified lane miles within urban areas (SFC).
The equation is as follows:
For either program, the board may adjust regional allocations by plus or minus five percent to fully fund the approved list of regional projects. When requested by the board, staff will update the regional allocations to ensure equitable distribution of funds.
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(1) The urban sidewalk program requires a match of at least twenty percent of total project costs.
(2) Small city sidewalk program matching rates are dependent on the city population as follows:
(a) Cities with a population of five hundred and below are not required to provide matching funds.
(b) Cities with a population over five hundred but less than five thousand, require a match of at least five percent of the total project costs.
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