WSR 12-08-060

PERMANENT RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed April 3, 2012, 3:55 p.m. , effective May 4, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To comply with chapter 120, Laws of 2011, which eliminated the urban arterial trust account (UATA) and transferred that funding into the transportation improvement account (TIA); 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 transportation improvement board (TIB) funds for small cities; to set rules to implement RCW 47.26.185, which allows the TIB to adopt rules establishing qualifications for cities and counties administering and supervising the design and construction of projects financed in part from funds administered by the TIB.

Citation of Existing Rules Affected by this Order: Repealing chapter 479-12 WAC; WAC 479-05-013, 479-05-041 and 479-05-171; and amending chapters 479-01, 479-05, 479-10, and 479-14 WAC.

Statutory Authority for Adoption: Chapter 47.26 RCW.

Adopted under notice filed as WSR 12-04-067 on January 30, 2012.

Changes Other than Editing from Proposed to Adopted Version: 1. WAC 479-14-261 was changed to increase the population size from five hundred to one thousand.

2. WAC 479-14-461 (2)(a) was changed to increase the population size from five hundred to one thousand.

3. WAC 479-14-461 (2)(b) was changed to increase the population size from five hundred to one thousand.

4. WAC 479-14-161 (1)(a) was changed to remove the new language that had been added.

5. WAC 479-14-431(4) was changed to correct a typo that misrepresented the statement.

6. WAC 479-05-171 was deleted.

7. WAC 479-05-040 was changed to remove any dollar amounts.

8. WAC 479-05-213(2) was changed to clarify the correct concept.

9. WAC 479-05-051(2) was changed to add language for clarification.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 20, Amended 31, Repealed 31.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 3.

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 20, Amended 30, Repealed 32.

Date Adopted: March 23, 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.]


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

WAC 479-01-040   Definitions and acronyms.   The following definitions and acronyms apply:

(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.]


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

WAC 479-01-050   Administrative costs.   The costs for board activities, staff services, and facilities will be paid out of the transportation improvement account ((and the urban arterial trust account)) as determined by the biennial appropriation.

[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.]


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

WAC 479-01-060   Executive director -- Powers and duties.   The board appoints an executive director who will serve at its pleasure to carry out the board priorities and the mission of the agency including the following administrative duties:

(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-4560.2


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.]


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

WAC 479-05-030   A registered professional engineer must be in charge.   All projects using ((UATA or)) TIA funds will be supervised by a professional engineer registered in the state of Washington.

[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.]


NEW SECTION
WAC 479-05-035   Qualifications for small city projects administered by another agency.   A local agency that has a small city arterial program or small city preservation project may elect to have, or the executive director may require, the project administered by another city, a county, state department of transportation, or state transportation improvement board when:

(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.

[]


AMENDATORY SECTION(Amending WSR 08-10-012, filed 4/24/08, effective 5/25/08)

WAC 479-05-040   Value engineering study requirements.   ((A value engineering study is required for urban projects with total cost exceeding two and one-half million dollars or when determined by)) The executive director ((to be in the best interest of the project)) will determine whether a value engineering study is required based on project risk factors summarized below. The agency will be notified if a value engineering study is required during the design process and must complete the study prior to authorization to bid.

(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.]


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

WAC 479-05-051   Project phases.   Projects authorized by the board are divided into the following phases:

(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 advertisement 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.]


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

WAC 479-05-060   Methods of construction.   All construction using ((UATA or)) TIA funds shall be advertised, competitively bid and contracted, except:

(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.]


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

WAC 479-05-080   Standard specifications.   The current edition of the Standard Specifications for Road, Bridge, and Municipal Construction or equivalent, will be used as the standard for design and construction of board funded projects.

[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.]


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

WAC 479-05-100   Utility adjustments or relocations.   Utility adjustments or relocations may be reimbursed using the following criteria:

(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.]


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

WAC 479-05-120   Street illumination and traffic control devices.   Traffic control devices for an approved project may be purchased and installed under RCW 35.22.620(3), 35.23.352(1), and 36.77.065(3) by:

(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.]


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

WAC 479-05-130   Project landscaping and aesthetic improvements.   Cost of landscaping and aesthetic improvements is limited to ((three)) five percent of the total eligible ((authorized project costs)) construction contract amount.

(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.]


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

WAC 479-05-131   Mitigation costs and limitations.   Mitigation costs may include:

(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.]


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

WAC 479-05-140   Acquisition of rights of way.   Right of way for board funded projects shall be acquired in accordance with chapters 8.26 RCW and 468-100 WAC. Reimbursement of right of way acquisition costs are eligible within the design phase of the project.

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.]


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

WAC 479-05-141   What is eligible for reimbursement of right of way costs.   Only the square footage needed for the roadway is eligible to be reimbursed, unless:

(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.]


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

WAC 479-05-170   Reimbursement of engineering costs.   Design and construction engineering costs eligible for reimbursement are limited to ((twenty-five)) thirty percent, or twenty percent if funded as construction ready, of the approved contract bid amount, ((excluding special studies or right of way)) plus costs designated as construction other.

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.]


AMENDATORY SECTION(Amending WSR 09-09-002, filed 4/1/09, effective 5/2/09)

WAC 479-05-211   When a project is considered delayed.   Projects are considered delayed when one of the following occurs:

(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.]


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

WAC 479-05-212   The stages of delayed projects.   For TIB funded projects, there are ((three)) two stages of delay:

(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.]


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

WAC 479-05-213   Review and consequences of delay.   Delayed projects will be reviewed as follows:

(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 the executive director authorizes the next project phase.

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.]


REPEALER

     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.
WAC 479-05-171 Reimbursement of cultural resource assessment costs for TIB funded projects.

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.]


AMENDATORY SECTION(Amending WSR 10-14-027, filed 6/28/10, effective 7/29/10)

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.

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-4561.3


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.]


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

WAC 479-14-111   Who is eligible to receive urban ((corridor)) program funding.   Eligible agencies are:

(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.]


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

WAC 479-14-121   What projects are eligible for urban ((corridor)) program funding.   Eligible projects are:

(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.]


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

WAC 479-14-131   Award criteria for the urban ((corridor)) program.   The board establishes the following criteria for use in evaluating urban ((corridor)) program grant applications:

(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.]


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

WAC 479-14-141   Regions of the urban ((corridor)) program.   The board allocates urban ((corridor)) program funding across ((three)) five regions to ensure statewide distribution of funds. The ((three)) five regions are as follows:

(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.]


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

WAC 479-14-151   Funding distribution formula for the urban ((corridor)) program.   The statewide distribution of urban ((corridor)) program funds is allocated between regions according to the following formula:

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).


(RUP/SUP) + (RFC/SFC)
2

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, TIB staff will update the regional allocation to ensure equitable distribution of funds.

[Statutory Authority: Chapter 47.26 RCW. 07-18-050, 479-14-151, filed 8/30/07, effective 9/30/07.]


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

WAC 479-14-161   Matching requirement for the urban ((corridor)) program.   The urban ((corridor)) program provides funding which will be matched by other funds as follows:

(1) For cities:

(a) If the city valuation is under $1.0 billion, the matching rate is ten percent 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.]


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

WAC 479-14-200   Sidewalk deviation authorities for the urban ((corridor)) program.   The board recognizes the need for pedestrian facilities on arterial roadways and has required that sidewalks be provided under the urban ((corridor)) program. A sidewalk deviation may be requested by the lead agency and may be granted under the following authorities:

(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.]


NEW SECTION
WAC 479-14-211   Who is eligible to receive small city arterial program funding.   An eligible agency is an incorporated city or town that has a population of less than five thousand. For the purposes of determining population, cities may exclude the population of any state correctional facility located within the city.

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NEW SECTION
WAC 479-14-215   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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NEW SECTION
WAC 479-14-221   What projects are eligible for small city arterial program funding.   To be eligible for funding, a proposed project must improve an arterial that meets at least one of the following standards:

(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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NEW SECTION
WAC 479-14-231   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.

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NEW SECTION
WAC 479-14-241   Regions of the small city arterial program.   The board allocates small city arterial program funding across three regions to ensure statewide distribution of funds. The three regions are as follows:

(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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NEW SECTION
WAC 479-14-251   Funding distribution formula for the small city arterial program.   The statewide distribution of small city arterial program funds is allocated between regions according to the following formula:

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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NEW SECTION
WAC 479-14-261   Matching requirement for the small city arterial program.   There is no match requirement for cities with a population of one thousand or less. Cities with a population over one thousand must provide a minimum match of five percent of the total project cost.

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NEW SECTION
WAC 479-14-270   Small city federal match funding eligibility and application.   Cities with a population under five thousand may request grant funds to match a federal grant. The project must meet TIB eligibility requirements for the small city arterial program described under WAC 479-14-221. A TIB funding application form must be submitted to apply for federal match funding.

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NEW SECTION
WAC 479-14-271   Restriction on use of small city federal match funding.   Federal match funds are only for transportation projects funded through federal transportation grants. All other local funding sources must be sought before applying for federal match funds from TIB.

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NEW SECTION
WAC 479-14-272   Small city federal match funding priority.   The priority for funding federal match applications is the order in which the applications are received until the funds are fully allocated.

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NEW SECTION
WAC 479-14-273   If small city federal 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 479-14-274   Small city match funding increases.   Increases in federal 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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NEW SECTION
WAC 479-14-402   Sidewalk program subprograms.   In order to provide equity for project grant funding, the sidewalk program is divided into the urban sidewalk program and the small city sidewalk program.

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NEW SECTION
WAC 479-14-411   Who is eligible to receive sidewalk program funding.   Each of the subprograms has separate criteria for agency eligibility as follows:

(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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NEW SECTION
WAC 479-14-421   What projects are eligible for sidewalk program funding.   Minimum project requirements for each subprogram are as follows:

(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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NEW SECTION
WAC 479-14-431   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 pervious surface use.

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NEW SECTION
WAC 479-14-441   Regions of the sidewalk program.   The board allocates sidewalk program funding across three regions to ensure statewide distribution of funds. The three regions are as follows:

(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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NEW SECTION
WAC 479-14-451   Distribution formula for the sidewalk program.   For the purpose of allocating funds, the sidewalk program is divided into two subprograms, the urban sidewalk program and the small city sidewalk program. The distribution formulas are as follows:

(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:


(RUP/SUP) + (RFC/SFC)
2

(2) Small city sidewalk program - Region small city population divided by statewide small city population.

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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NEW SECTION
WAC 479-14-461   Matching requirement for the sidewalk program.   The sidewalk program provides funding which will be matched by other funds as follows:

(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 one thousand and below are not required to provide matching funds.

(b) Cities with a population over one thousand but less than five thousand, require a match of at least five percent of the total project costs.

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Washington State Code Reviser's Office