DEPARTMENT OF TRANSPORTATION

[Filed December 12, 2018, 10:45 a.m.]

Preproposal statement of inquiry was filed as WSR 18-19-014.

Title of Rule and Other Identifying Information: Chapter 468-603 WAC, Agreements with municipalities and regional transit authorities at state-owned park and ride lots.

Hearing Location(s): On January 28, 2019, at 9:30 a.m., at the Nisqually Conference Room, Washington State Department of Transportation (WSDOT), Headquarters, Olympia.

Date of Intended Adoption: January 28, 2019.

Submit Written Comments to: Zachary Howard, email howardz@wsdot.wa.gov, by January 24, 2019.

Assistance for Persons with Disabilities: Contact Karen Engle, phone 360-704-6362, email EngleKa@wsdot.wa.gov, by January 24, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At state-owned park and ride lots where utilization is very high, overcrowding can lead to commuters parking in travel or fire lanes, parking on local streets, and circling the lots and local streets looking for parking. In addition, overcrowded lots can lead to crush-loaded buses and trains and exacerbate congestion on adjacent highway corridors.

By managing demand for these lots, municipalities (such as city and county transit agencies) can increase the likelihood that parking will be available for those who need it most, improve the commuter experience, and encourage a more efficient use of highway corridors.

This proposal provides administrative support for municipalities that operate and maintain state-owned park and ride lots by allowing their agreements with the department to include parking demand management strategies that are consistent with state and local laws.

Reasons Supporting Proposal: WSDOT's municipal partners requested this rule to improve the efficiency of state-owned park and ride lots that they operate and maintain. Previous practices encouraged commuters to shift to earlier arrival times, causing a misalignment between peak-hour commuting on congested highway corridors.

Statutory Authority for Adoption: RCW 46.61.577.

Statute Being Implemented: RCW 47.01.330(2).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WSDOT, governmental.

Name of Agency Personnel Responsible for Drafting: Zachary Howard, Seattle, Washington, 206-464-1253; Implementation and Enforcement: Dylan Counts, Seattle, Washington, 206-464-1232.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The rule does not apply to any agency listed in RCW 34.05.328 (5)(a)(i). The rule pertains to agreements between government agencies, and is not subject to violation by a nongovernment party.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: This rule clarifies allowable agreements between the department and transit agencies which operate state-owned park and ride lots; the rule only directly affects public entities. Any impact on business would be tangential and minor.

Kara Larson, Director

Chapter 468-603 WAC

AGREEMENTS WITH MUNICIPALITIES AND REGIONAL TRANSIT AUTHORITIES—STATE-OWNED PARK AND RIDE LOTS

WAC 468-603-010Agreements with municipalities and regional transit authorities at state-owned park and ride lots.

Washington state department of transportation may enter into agreements with municipalities as defined in RCW 35.95.020 and with regional transit authorities authorized under chapter 81.112 RCW allowing them to operate and maintain park and ride lots under the jurisdiction of the department. Provided, that nothing in this section shall be construed as expanding or limiting the powers or authority of any entity entering into an agreement covered by this section.

These agreements may include those parking management elements which the municipalities and regional transit authorities are authorized by law to implement and manage including, but not limited to:

(1) The issuing of permits such as high occupancy vehicle permits or permits designating a time of arrival. Such permits shall be issued at no cost unless allowed by state and local law;

(2) The reservation of a portion of stalls for the exclusive or time-specific use of permitted vehicles;

(3) The enforcement against unauthorized uses through impoundment, ticketing, or other measures as governed by applicable state and local laws and regulations. Enforcement measures may also include the establishment of parking time limit maximums consistent with RCW 46.55.070; or

(4) The temporary closure of underutilized sections of park and ride facilities to reduce maintenance and operation costs.

For the purposes of this chapter, a "permit" is defined as any document or electronic record approved by and/or issued by a municipality or regional transit authority that when properly displayed or implemented by the permittee authorizes a vehicle to park.