WSR 15-24-109 PERMANENT RULES COUNTY ROAD ADMINISTRATION BOARD [Filed December 1, 2015, 12:45 p.m., effective January 1, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 136-150-025 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 define 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.
Citation of Existing Rules Affected by this Order: New section WAC 136-150-025 and amending WAC 136-150-030.
Statutory Authority for Adoption: Chapter 36.78 RCW.
Adopted under notice filed as WSR 15-17-006 on August 6, 2015.
Changes Other than Editing from Proposed to Adopted Version: The following proposed changes were not adopted: WAC 136-150-022 Ascertaining the expenditures for traffic law enforcement, proposed changes to this section require 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.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
Jay P. Weber
Executive Director
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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