WSR 99-03-088

PROPOSED RULES

TRANSPORTATION IMPROVEMENT BOARD

[Filed January 20, 1999, 10:07 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-24-115.

Purpose: To amend 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.

Statutory Authority for Adoption: Chapters 47.26 and 47.66 RCW.

Statute Being Implemented: Chapter 47.66 RCW.

Summary: To define the criteria for eligible projects and develop a process for the submittal of a prioritized list of projects to the legislature and the Office of Financial Management.

Name of Agency Personnel Responsible for Drafting and Implementation: Dan Rude, Transportation Building, (360) 705-7547; and Enforcement: Jerry Fay, Transportation Building, (360) 705-7301.

Name of Proponent: Transportation Improvement Board, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Projects will be selected in March 1999.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 479-510-410, eligibility for Transportation Equity Act for the 21st Century (TEA-21) surface transportation program; WAC 479-510-420, criteria for TEA-21 surface transportation program; WAC 479-510-450, eligibility for (TEA-21) enhancement program; and WAC 479-510-460, criteria for TEA-21 enhancement program.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact on small business. TIB funding programs affect state and local transportation agencies.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Subsection (5)(b)(iii), exempt rules that are the same subject matter as the federal TEA-21 regulations. In this case, the state TEA-21 Steering Committee developed the procedures to be used in these two funding programs. Also, subsection (5)(b)(ii) exempts rules that are not subject to violation by a nongovernment party. Only governments are eligible for these funding programs.

Hearing Location: Department of Transportation, 310 Maple Park Avenue, Olympia, on March 26, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jennine Stinbrink by March 15, 1999, (360) 705-7549.

Submit Written Comments to: Fax (360) 705-6830, by March 22, 1999.

Date of Intended Adoption: March 26, 1999.

January 6, 1999

Jerry M. Fay

Executive Director

OTS-2689.1

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, state-wide 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;

(c) Right of way acquisition;

(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.]



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, state-wide competitive program account--Criteria. (1) Projects selected for funding from the state-wide 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

(c) Local comprehensive land use plans.

(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 state-wide competitive program and forward the recommended list to the legislature, governor's office, and the 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.]



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;

(c) Scenic or historic highway programs (including tourist and welcome center facilities);

(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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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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