WSR 15-17-006 PROPOSED RULES COUNTY ROAD ADMINISTRATION BOARD [Filed August 6, 2015, 3:11 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 136-150-022 Ascertaining the expenditures for traffic law enforcement, 136-150-024 Ascertaining the expenditures for marine navigation and moorage purposes, and 136-150-030 Identifying eligible counties.
Hearing Location(s): County Road Administration Board, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504, on October 29, 2015, at 2:00 p.m.
Date of Intended Adoption: October 29, 2015.
Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, e-mail karen@crab.wa.gov, fax (360) 350-6094, by October 23, 2015.
Assistance for Persons with Disabilities: Contact Karen Pendleton by October 23, 2015, TTY (800) 883-6384 or (360) 753-5989.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 136-150-022 Ascertaining the expenditures for traffic law enforcement, proposed changes to this section requires each county sheriff to maintain records of actual annual traffic law enforcement expenditures in such format and detail as to demonstrate that the funds were used for traffic law enforcement. Also references new chapter 136-25 WAC for defining traffic law enforcement activities.
WAC 136-150-024 Ascertaining the expenditures for marine navigation and moorage purposes, adoption of this new section outlines ascertaining expenditures for marine navigation and moorage purposes, which were added as road purposes by EHB 1868.
WAC 136-150-030 Identifying eligible counties, proposed changes to this section defines uses of any expenditures of the road levy for marine navigation and moorage, per RCW 36.82.070, and highlights the requirement for a specific and identifiable account within the road fund for said purposes.
Reasons Supporting Proposal: Rule updates concomitant with adoption of new chapter 136-25 WAC and passage of EHB 1868.
Statutory Authority for Adoption: Chapter 36.78 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: County road administration board, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Derek Pohle, Thurston County, (360) 753-5989; and Enforcement: Jay Weber, Thurston County, (360) 753-5989.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
July 29, 2015
Jay P. Weber
Executive Director
AMENDATORY SECTION (Amending WSR 03-21-136, filed 10/21/03, effective 11/21/03)
WAC 136-150-022 Ascertaining the expenditures for traffic law enforcement.
In those counties in which diverted road levy or transfer of road funds has been budgeted for traffic law enforcement, the county sheriff shall submit a certification showing the actual expenditure for traffic law enforcement in the previous budget year, on a form provided by the county road administration board, provided that counties with a population of less than eight thousand shall be exempt from this requirement. Such certification shall be submitted to the county road administration board no later than April 1st of each year. Each county sheriff shall maintain records of actual annual traffic law enforcement expenditures in such format and detail as to demonstrate that the funds were used for traffic law enforcement.
Definition of traffic law enforcement. For purposes of this chapter, traffic law enforcement is defined as engaging in the activities listed in WAC 136-25-030 in unincorporated county locations.
NEW SECTION
WAC 136-150-025 Ascertaining the expenditures for marine navigation and moorage purposes.
In those counties in which road funds have been used for marine navigation and moorage purposes as specified in RCW 36.82.070, the county engineer shall submit a certification showing the amount of county road fund used for those activities related to marine navigation and moorage purposes performed contiguous with, adjacent to, or offshore concomitant to the county road right of way. Such certification shall be submitted to the county road administration board no later than April 1st of each year.
AMENDATORY SECTION (Amending WSR 03-05-010, filed 2/7/03, effective 3/10/03)
WAC 136-150-030 Identifying eligible counties.
All counties with a population of less than eight thousand shall be eligible to receive RATA funds. Counties with a population greater than eight thousand shall be eligible to receive RATA funds only if, during the immediately preceding calendar year:
(1) The actual expenditures for traffic law enforcement have been equal to or greater than either the amount of the diverted road levy budgeted for traffic law enforcement or the amount of road funds transferred to current expense to fund traffic law enforcement;
(2) The amount of county road funds used beyond the county right of way for activities clearly associated with removal of fish passage barriers that are the responsibility of the county did not exceed twenty-five percent of the total cost of activities related to fish barrier removal on any one project and the total cost of activities related to fish barrier removal beyond the county right of way did not exceed one-half of one percent of the county's total annual road construction budget;
(3) Any expenditures of the road levy for marine navigation and moorage by those counties eligible per RCW 36.82.070 were made from amounts deposited into a special account within the road fund for those purposes and, performed contiguous with, adjacent to, or offshore concomitant to the county road right of way.
(4) All road funds that have been transferred to other funds have been used for legitimate road purposes;
(((4))) (5) Revenues collected for road purposes have been expended on other governmental services only after authorization from the voters of that county under RCW 84.55.050; and
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