WSR 02-21-011

EMERGENCY RULES

TRANSPORTATION IMPROVEMENT BOARD


[ Filed October 7, 2002, 11:53 a.m. ]

Date of Adoption: September 27, 2002.

Purpose: To adopt emergency rules for the legislatively created congested corridor program.

Statutory Authority for Adoption: Chapter 201, Laws of 2002.

Other Authority: Chapter 47.26 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Chapter 201, Laws of 2002 creates the congested corridor program and provides a $10,000,000 appropriation in the 01-03 biennium. Rules are required prior to selecting projects to be funded with the 01-03 biennial appropriation.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 3, 2002

Richard F. Struna

Chief Financial Officer


NEW SECTION
WAC 479-11-005   Purpose and authority.   Washington Laws for 2002, Chapter 201, provides that the Transportation Improvement Board shall adopt reasonable rules necessary to implement the City and County Corridor Congestion Relief programs. Projects must be consistent with all applicable state and federal laws and regulations.

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NEW SECTION
WAC 479-11-008   Definitions.   For purposes of implementing the requirements of Washington Laws for 2002, Chapter 201, relative to the City and County Corridor Congestion Relief programs, the following definitions shall apply:

1. CCP Congested Corridor Program

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NEW SECTION
WAC 479-11-100   Intent of the congested corridor program.   The intent of the program is to improve mobility of people and goods in Washington State by supporting economic development and environmentally responsive solutions to our statewide transportation system needs. Eligible agencies are counties that have an urban area and cities with a population of five thousand or more.

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NEW SECTION
WAC 479-11-110   Priority criteria for the congested corridor program.   The following criteria shall be utilized by the transportation improvement board to prioritize projects:

1. Congestion relief measures

2. Local match above the required minimum match

3. Access to diverse modes of transportation

4. Improvements resulting from existing or foreseeable safety problems

5. Extending or completing corridors

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NEW SECTION
WAC 470-11-140   Eligible congested corridor program projects.   Eligible projects include:

1. Improvement on routes classified as principal or minor arterials that serve as an alternate route to a limited access state highway that provides continuous primary connectivity between major transportation facilities or destinations. Types of projects include:

a. Roadway widening

b. Channelization

c. Signalization

d. High Occupancy Vehicle (HOV) lanes

e. Intelligent transportation systems

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Reviser's note: The above new section was filed by the agency as WAC 470-11-140. This section is placed among sections forming new chapter 479-11 WAC, and therefore should be numbered WAC 479-11-140. Pursuant to the requirements of RCW 34.08.040, the section is published in the same form as filed by the agency.
NEW SECTION
WAC 479-11-180   Matching funds on congested corridor program projects.   Congested Corridor Program funds for urban program projects authorized by the board shall be matched by:

1. An amount not less than twenty percent of the total eligible cost of the transportation project.

2. A portion of the matching funds for city projects must come from the additional motor vehicle fuel tax authorized in Chapter 202, Laws of 2002. Of those cities receiving distributions under Chapter 202, half of the first year's motor vehicle fuel tax distributed shall be committed to the project as local match.

3. Projects on state routes require financial participation from the Washington State Department of Transportation.

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Washington State Code Reviser's Office