WSR 98-24-049

EMERGENCY RULES

TRANSPORTATION IMPROVEMENT BOARD

[Filed November 25, 1998, 11:28 a.m.]

Date of Adoption: November 25, 1998.

Purpose: To amend and adopt emergency rules for administering the federal Transportation Equity Act for the 21st Century (TEA-21) surface transportation program state-wide and enhancement program as directed by the state TEA-21 Steering Committee.

Citation of Existing Rules Affected by this Order: Amending WAC 479-510-410 and 479-510-420.

Statutory Authority for Adoption: Chapters 47.26 and 47.66 RCW.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: The federal FY 99 began October 1, 1998, and it is necessary to begin the project applications and selection process immediately to meet a March 23, 1999, deadline for a list of prioritized projects.

Number of Sections Adopted in Order to Comply with Federal Statute: New 2, amended 2, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

November 25, 1998

Jerry M. Fay

Executive Director

AMENDATORY SECTION (Amending WSR 95-22-056, filed 10/30/95, effective 11/30/95)

WAC 479-510-410 ~~Intermodal Surface Transportation Efficiency Act~~) Transportation Equity Act for the 21st Century or its successor acts, surface transportation program, statewide competitive program account--Eligibility. (1) Eligibility to apply shall be limited to public agencies.

(2) Programs and projects eligible for funding shall be limited to the following purposes:

(a) Planning;

(b) Preliminary engineering;

(d) Construction; and

(e) Capital equipment acquisition.

(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington state.

(4) All projects must be regionally significant.

[Statutory Authority: 1995 c 269 § 2601. 95-22-056, § 479-510-410, filed 10/30/95, effective 11/30/95.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending WSR 95-22-056, filed 10/30/95, effective 11/30/95)

WAC 479-510-420 (~~Intermodal Surface Transportation Efficiency Act~~) Transportation Equity Act for the 21st Century or its successor acts, surface transportation program, statewide competitive program account--Criteria. (1) Projects selected for funding from the statewide competitive program account shall be consistent with the following criteria without regard to geographic distribution:

(a) Local, regional, and state transportation plans;

(b) Local transit development plans; and

(2) The following criteria shall be considered:

(a) Objectives of the Growth Management Act, the High Capacity Transportation Act, the Commute Trip Reduction Act, transportation demand management programs, federal and state air quality requirements, and federal Americans with Disabilities Act and related state accessibility requirements; and

(b) Energy efficiency issues, freight and goods movement, (~~as related to~~) economic development, (~~regional significance,~~) rural isolation, fish passage, flood mitigation, the leveraging of other funds including funds administered by the transportation improvement board, and safety and security issues.

(3) In addition to the criteria identified in subsections (1) and (2) of this section, the transportation improvement board may choose to identify additional criteria for program and project selection for the state-wide competitive program. Such criteria shall be subject to public meetings as required by federal law, and shall be identified in the application guidelines.

(4) The transportation improvement board shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.

(5) The Transportation Improvement Board shall select projects for the statewide competitive program and forward the recommended list to the legislature, governor's Office, and Washington state department of transportation on March 26, 1999 and February 1st for each year thereafter.

[Statutory Authority: 1995 c 269 § 2601. 95-22-056, § 479-510-420, filed 10/30/95, effective 11/30/95.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 479-510-450 Transportation Equity Act for the 21st Century or its successor acts, enhancement program account--Eligibility. (1) Eligibility to apply shall be limited to public agencies.

(2) Programs and projects eligible for funding shall be limited to the following purposes:

(a) Provision of bicycle and pedestrian facilities;

(b) Acquisition of scenic easement;

(d) Landscaping and other scenic beautification;

(e) Historic preservation;

(f) Rehabilitation and operation of historic transportation buildings, structures or facilities;

(g) Preservation of abandoned railway corridors;

(h) Control and removal of outdoor advertising;

(i) Archaeological planning and research;

(j) Mitigation of water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;

(l) Establishment of transportation museums.

(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington State.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

WAC 479-510-460 Transportation Equity Act for the 21st Century or its successor acts, enhancement program account--Criteria. (1) Projects selected for funding from the enhancement program account shall be consistent with the following criteria:

(a) Local, regional, and state transportation plans;

(b) Local comprehensive land use plans.

(2) The following procedures shall be considered:

(a) Project applications shall be reviewed and regionally prioritized by the regional transportation planning organizations or metropolitan planning organizations and shall be forwarded to the transportation improvement board for selection.

(b) The Washington state department of transportation shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.

(c) The transportation improvement board shall establish priorities to fund regionally significant projects by allocating 25% of the funds to projects on a statewide basis and the remaining funds based on population distribution to the regional transportation planning organizations or metropolitan planning organizations.

(d) The transportation improvement board shall select projects for the enhancement program and forward the recommended list to the legislature, governor's office and Washington state department of transportation on March 26, 1999 and February 1st for each year thereafter.

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