WSR 05-14-143

AGENDA

DEPARTMENT OF TRANSPORTATION


[ Filed July 5, 2005, 2:48 p.m. ]

     Following is the Department of Transportation's July 1, 2005, through December 31, 2005, semi-annual rules development agenda for publication in the Washington State Register pursuant to RCW 34.05.314.

     There may be additional rule-making activity not on the agenda as conditions warrant.


SEMI-ANNUAL RULES AGENDA

JULY 1 - DECEMBER 31, 2005



WAC Chapter Chapter Title Sections Purpose of Rule Agency Contact Approximate CR-101 Filing Date
468-38 Vehicle size and weight -- Highway restrictions -- Equipment 070* Clarifying use of permit for unladen truck with trailer at seventy-five feet in length. Address log truck hauling poles as tractor/semi-trailer. Barry Diseth/

Jim Wright

October 5, 2005
468-38 Vehicle size and weight -- Highway restrictions -- Equipment 100* Clarify need for escort when permitted vehicle(s) has a rear overhang. Barry Diseth/

Jim Wright

October 5, 2005
468-38 Vehicle size and weight -- Highway restrictions -- Equipment 120* To amend subsection requirements for brakes to compliment HUD requirements. Adding modular building built on own axles. Barry Diseth/

Jim Wright

October 5, 2005
468-38 Vehicle size and weight -- Highway restrictions -- Equipment 175* Increase length to one hundred five to harmonize with Oregon. Barry Diseth/

Jim Wright

October 5, 2005
468-38 Vehicle size and weight -- Highway restrictions -- Equipment 280* To amend rule relative to a retractable axle with four tires resembling a tandem axle. Barry Diseth/

Jim Wright

October 5, 2005
468-38 Vehicle size and weight -- Highway restrictions -- Equipment 290* Correct error in subsection reference. Barry Diseth/

Jim Wright

October 5, 2005
468-38 Vehicle size and weight -- Highway restrictions -- Equipment 375 (New) Provide rules for requesting approving and implementing heavy haul corridors. Barry Diseth/

Jim Wright

July 1, 2005

(Possibly sooner)

468-38 Vehicle size and weight -- Highway restrictions -- Equipment New Address process for making emergency moves with over legal vehicle(s) and/or load. Barry Diseth/

Jim Wright

October 5, 2005

    

*It is anticipated that a single combined submission will be used for the identified sections.
468-100 Uniform relocation assistance and real property acquisition 002(1) Added additional subagency definitions. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (5)(b) Deleted the phrase "style of living" and redundant government housing language. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (5)(g)(iii) Deleted redundant language regarding welfare assistance programs and amounts designated for shelter and utilities and revised to "base monthly rent." Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (5)(g) Added subsection dealing with those who are receiving government housing assistance. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (6)(a) through (d) Nothing is changing, however, we need to take care of some formatting issues with the WAC so it matches the CRFs. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (7)(c) Added suggested criteria for lead based paints to Appendix A and we need to take care of some formatting issues with the WAC so it matches the CRFs. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (7)(f) Clarifies language regarding those with a disability. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (8)(b)(iii) Provides additional information to define the nature of a temporary displacement and (add information regarding notice of intent to acquire) add information to Appendix A. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 (8)(b) Adding information to section regarding American Dream Down Payment Act. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 Added a new definition for the term "dwelling site" to this section and examples to Appendix A. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 Added a new definition for the term "household income" to this section and examples to Appendix A along with reference to a web site. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002(12) Added new paragraph regarding voluntary transactions and the permanent relocation of tenants. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 Added a new definition for the term "mobile home" to this section and additional information in Appendix A. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002 Replaced the reference to heat and light with a reference to electricity, gas, and other heating and cooking fuels. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 008 Clarifies two existing laws. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 202 Added information stating all displaced persons need to be fully advised of rights and entitlements. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 202 Added information stating all displaced persons need to be fully advised of rights and entitlements. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 203 Moved section from definitions to section 24.203(d) and added reference to the definition of displaced person and added references to notice of intent to acquire in 24.203(b) re Notice of relocation eligibility. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 204 (2)(a) Updated citation. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 204(3) Added reference to "displacement dwelling." Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205(A) Replaced "the handicapped" with "persons with disabilities." Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205(b) Replaced "consideration of housing of last resort actions should be instituted" to "the agency should consider housing of last resort actions." Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205(a) Added new subsection regarding an estimate of the availability of replacement business sites. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205(3) Added new subsection requiring in-depth interviews with nonresidential displacements. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205 (3)(a) Added "for nonresidential displacements," after determine. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205 (3)(b)(ii) Modified sentence to read "the agency shall notify." Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205 (3)(b)(iii) Added reference to Appendix A. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205 (3)(b)(iv) Modified section to state the agency shall offer transportation to inspect housing to all persons. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205 (3)(b) Added new section regarding displaced persons that may be eligible for government housing assistance. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205 (3)(c) Added ", for nonresidential moves," after provides. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 205 (3)(f) and (4) Reversed the order of these two sections. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 206 Added reference to Appendix A. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 207 (4)(b) Restated sentence to read "The agency shall waiver this time period for good cause." Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 207 Added new section dealing with no waiver of relocation assistance. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 207 Added new section dealing with expenditures of payment. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 207 (5) and (6) Both subsections were moved to section 24.403. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 301 and 303 and 502 All three sections have been combined for clarity and readability. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 301 and 303(1) and 502 Clarified language in the general statement regarding those who qualify as displaced persons. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 301 and 303 and 502 Added sections dealing with "Moves from a dwelling," "Moves from a mobile home," "Moves from business, farm, or NPO," and "Personal property only" and the allowed moving options. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 303 Determine low value/high bulk is appropriate for inclusion in a personal property only move. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 502 Restructured existing wording to distinguish residential and nonresidential items and added a reference to federal, state or local law, code or ordinance. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 303 (1)(j)(ii) Reworded section and added reconnection fees as long as the piece of equipment if it is not in storage or not being used at the acquired site and added reference to Appendix A. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 303 (1)(m) Changed site search expenses from $1,000 to $2,500 and also added two new subsections dealing allowable site search expenses. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 303 Added new subsection dealing with low value/high bulk situations. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 302 Updated language for this section, added a reference to the federal register, and eliminated the $50 limit for the dormitory style room. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 306 (d)(i)(k) All three sections have been moved to the new section 24.303 as additional related nonresidential eligible expenses. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 207 (5) and (6) Both sections were moved to section 24.403. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 401(6) Revised section and eliminated the $5,250 cap however, payment cannot exceed the maximum price differential computation. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 402 (2)(b)(ii) Added a requirement to use the HUD annual survey of income limits when determining if someone is "low income" in order to apply the 30% rule. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 402 (3)(a) Removed language that indicated an agency should limit the amount of down payment assistance to an amount ordinarily required for conventional loan financing and allows displaced person to apply full amount of RHP toward purchase of replacement dwelling. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 102 Extends language to include person who prepares waiver valuations unless value is under $10,000. Also includes language that any person functioning as a negotiator shall not supervise or formally evaluate either the appraiser, review appraiser, or person making waiver valuations. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 009 Adopted revised form for annual report - Appendix B. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 101 Added word "direct" to title and Appendix A.

Removed "voluntary."

Updated language in the rule and Appendix A to reflect the rural utilities service, successor agency to the rural electrification administration - formerly subsection (5).

Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 101 Added "all" reasonable efforts to contact the owner for greater clarity. Added verbiage to Appendix A "but thirty days would seem to be the minimum time these actions can be reasonably accepted to require." Added verbiage to Appendix A that agencies should provide the owner and/or his/her appraiser a copy of the agency's appraisal requirements and inform them that their appraisal should be based on those requirements. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 102(5) Extends language to include person who prepares waiver valuations unless value is under $10,000. Also includes language that any person functioning as a negotiator shall not supervise or formally evaluate either the appraiser, review appraiser, or person making waiver valuations. Dianna Ayers/

Shirley Hughes

October 15, 2005
468-100 Uniform relocation assistance and real property acquisition 002(12) Added references to the notice of intent to acquire.

Moved from definitions.

Dianna Ayers/

Shirley Hughes

October 15, 2005
468-22 County ferry franchises, tolls, and financial assistance 020 Application for franchise. Please delete the reference to "state aid office of the department" and replace with "director of highways and local programs." Joan Neff Flexible
468-22 County ferry franchises, tolls, and financial assistance 040 Application for certification of toll charges. Please delete the reference to "state aid office" and replace with "director of highways and local programs." Joan Neff Flexible
136-20

Please coordinate with CRAB

Standards of good practice -- Inspection of bridges on county roads 030 Inspection: Please delete the reference to "transaid service center" and replace with "highways and local programs." Note: There are two places to correct this. Joan Neff Flexible
136-20

Please coordinate with CRAB

Standards of good practice -- Inspection of bridges on county roads 020 Inventory: Please delete the reference to "transaid service center" and replace with "highways and local programs." Joan Neff Flexible
136-20 Standards of good practice -- Inspection of bridges on county roads 040 Certification: Please delete "assistant secretary for the transaid" and replace with "director of highways and local programs or designee." Joan Neff Flexible
136-400 Please coordinate with CRAB Administration of the county ferry capital improvement program 060 Technical review committee: Please delete "assistant secretary for transaid" and replace with "director of highways and local programs or designee." Joan Neff Flexible
468-60 CTR Performance Grant Program All subject to revision Establish grant program parameters. Robin Hartsell May 2, 2005
468-95 Manual for uniform traffic control devices for streets and highways All Adopt the 2003 edition of the Manual on Uniform Traffic Control Devices and make changes due to legislation passed in the 2003 session. Mike Dornfeld July 1, 2005
468-70 Motor information signs 070 Reduce the hours of operation for food business, add commercial and historic district categories to the tourist activity category, and add rules for signing to businesses that accommodate recreational vehicles. Mike Dornfeld July 1, 2005
468-66 Highway Advertising Control Act All Rewrite the entire chapter to simplify and clarify devices and make changes due to legislation passed in the 2003 session. Mike Dornfeld July 1, 2005
468-100 Uniform relocation assistance and real property acquisition 103 Required that all appraisals be reviewed and sets some procedure for the review process. Garry Gallinger/

Rick Smith

December 2005

(possibly sooner)

468-32-010 Rest area rules Amend (1) and add a (7) To provide more enforcement tools to the WSP related to parking and other behaviors at rest areas that are causing problems. Doug Pierce August 2005

Cathy Downs

WAC Rules Coordinator

© Washington State Code Reviser's Office