WSR 15-22-052 PERMANENT RULES TRANSPORTATION IMPROVEMENT BOARD [Filed October 29, 2015, 11:34 a.m., effective November 29, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: Update of small city programs, new LED streetlight program, and other updates.
Citation of Existing Rules Affected by this Order: Amending chapters 479-05, 479-10, and 479-14 WAC.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Adopted under notice filed as WSR 15-17-033 on August 11, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 7, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 12, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 29, 2015.
Stevan Gorcester
Executive Director
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
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.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
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 to be 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)) insufficient capacity to directly administer transportation projects.
AMENDATORY SECTION (Amending WSR 13-20-087, filed 9/30/13, effective 10/31/13)
WAC 479-10-310 Who is eligible for arterial preservation program funds.
Incorporated cities with a population of ((more than)) five thousand or more and an assessed property valuation below a maximum valuation established annually by the board are eligible to receive arterial preservation program funding.
NEW SECTION
WAC 479-10-400 Intent of the streetlight program.
The intent of the streetlight program is to provide funding for cities to modernize their street lights to current technology.
NEW SECTION
WAC 479-10-410 Who is eligible for streetlight program funds.
Agencies eligible to receive streetlight program funding are:
(1) Incorporated cities with a population less than five thousand; and
(2) Incorporated cities with a population of five thousand or more with an assessed property valuation below a maximum valuation established by the board based on available funding.
For the purposes of determining population, cities may exclude the population of any state correctional facility located within the city.
NEW SECTION
WAC 479-10-420 Work eligible for streetlight program funds.
Eligible projects include:
(1) Replacement of existing luminaires;
(2) Replacement of existing streetlight infrastructure may be included when:
(a) The infrastructure is required for installation of new luminaires; and
(b) The cost is determined by TIB to be appropriately borne by the city.
(3) Placement of new lights when necessary as determined by the executive director or board.
NEW SECTION
WAC 479-10-422 When streetlights are on state routes facilities.
WSDOT approval is required in advance of award of TIB funding.
NEW SECTION
WAC 479-10-430 Project types for the streetlight program.
To be considered for a project under the streetlight program, a streetlight program project may be identified through the following ways:
(1) An eligible agency may submit a funding application in response to a TIB call for projects;
(2) TIB may select eligible agencies based on opportunities provided by an electrical service provider; or
(3) TIB may select eligible agencies based on other board established criteria.
NEW SECTION
WAC 479-10-440 Project award criteria for the streetlight program.
When funds are available projects may be awarded by the board based on cost savings for the city, installation efficiency, or energy savings. Availability of other funding sources or rebates may also be considered.
NEW SECTION
WAC 479-10-450 Project phases for the streetlight program.
Streetlight program projects will have three phases. Each phase will require specific documentation as described below and each phase must be approved before the applicant agency is eligible to receive the related funding:
(1) Application phase - The city shall submit an application form as well as documentation showing scope, schedule, and budget.
(2) Design and construction phase - TIB will provide documents for the city to sign and return. The city must submit the following agreements where utilized:
(a) Grant agreement;
(b) Rights of entry agreement (if applicable);
(c) Consultant agreement (if applicable).
(3) Project closeout phase - All necessary project cost documentation must be received prior to final payment.
REPEALER
The following section of the Washington Administrative Code is repealed:
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-151 Funding distribution formula for the urban program.
The statewide distribution of urban 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).
The board may adjust the regional allocation by plus or minus five percent of the total annual allocation 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.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-200 Sidewalk deviation authorities for the urban and small city arterial programs.
The board recognizes the need for pedestrian facilities on arterial roadways and has required that sidewalks be provided under the urban 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.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
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)) from the transportation improvement account a small city street must be classified as an arterial by the board.
Arterials are paved streets connecting to other paved streets on both ends that are publicly owned by the city or a state route. Arterials must provide circulation within the network or provide access to at least twenty residential units, or equivalent trip generation, per point of access.
Alleys are not considered arterials.
Dead end paved streets may be determined by the board to be arterials if they serve significant generators of traffic or at least twenty residential units or equivalent trip generation.
New streets may be determined by the board to be arterials if they would meet the description of an arterial in this section after they are completed.
Gravel streets may be determined by the board to be arterials if they should be paved based on serving significant traffic generators only if the funded project results in a paved street.
NEW SECTION
WAC 479-14-223 When is a sidewalk required for the small city arterial program.
A sidewalk is required on at least one side of the street when project scope includes full depth reconstruction or new construction on an arterial that:
(1) Is in a business district; or
(2) Connects significant pedestrian generators to a business district.
Unless a deviation is granted under WAC 479-14-200.
NEW SECTION
WAC 479-14-225 What is eligible on state highways under the small city arterial program?
State highways in small cities are not eligible for preservation projects inside the curb face.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
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.)) (1) Condition of surface;
(2) Stability of subsurface base structure;
(3) Condition of subsurface utilities;
(4) Accessibility;
(5) Leveraging of funding sources;
(6) Elimination of hazards;
(7) Continuity of improved street segments including sidewalk;
(8) Community needs;
(9) Sustainable design;
(10) Efficient project implementation.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
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 of the total annual allocation 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.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
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.)) The small city arterial program provides funding which will be matched by other funds as follows:
(1) If the city assessed valuation is greater than five hundred million, a match of ten percent will be contributed.
(2) If the city assessed valuation is from one hundred million to five hundred million, a five percent match will be contributed.
(3) If the city assessed valuation is under one hundred million, no cash match is necessary.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
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:
(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 of the total annual allocation 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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