WSR 02-23-006




[ Filed November 7, 2002, 11:38 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Title 136 WAC.

Purpose: Amends WAC 136-163-030.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Name of Agency Personnel Responsible for Drafting: Randy Hart, 2404 Chandler Court S.W., Suite 240, 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, 753-5989.

Name of Proponent: County Road Administration Board, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 136-163-030 Limitations and conditions -- Emergency projects, revision is only to correct typo.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: County Road Administration Board, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504-0913, on January 16, 2003, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Karen Pendleton by January 8, 2003, TDD (800) 833-6384 or (360) 753-5989.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, fax (360) 586-0386, by January 8, 2003.

Date of Intended Adoption: January 16, 2003.

November 7, 2002

Jay P. Weber

Executive Director


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-163-030   Limitations and conditions -- Emergency projects.   To be eligible for emergency project approval, the county must declare an emergency as provided for in RCW ((36.04.180)) 36.40.180. If there is not yet a state declaration of emergency, the county must also, in consultation with the state military department, emergency management division and the WSDOT, evaluate the probability of receiving a state declaration of emergency. A state declaration of emergency is required as a condition of receiving federal funding for road-related damages via the Emergency Relief Program or FEMA. If such federal funding has been approved or is likely to be approved, the county road administration board may provide up to one hundred percent of a county's required matching funds for such federal funding but only after the approval of the federal funds.

Should such federal funding not be forthcoming, or if the emergency is of such a scope and size that federal funding is clearly improbable, the county road administration board may provide up to eighty percent or ninety percent of the estimated eligible damages depending upon the regional limitations as provided for in WAC 136-161-090, with the total project cost limited to the actual expenditures by the county.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-163-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 96-17-014, 136-163-030, filed 8/12/96, effective 9/12/96.]

Washington State Code Reviser's Office