WSR 15-12-019 PROPOSED RULES COUNTY ROAD ADMINISTRATION BOARD [Filed May 22, 2015, 9:44 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 136-167-040 Lapsing of RATA allocation for approved projects.
The county road administration board (CRAB) may in its discretion grant an additional extension for lapsing of RATA allocation for approved projects.
Hearing Location(s): CRAB Offices, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504-0913, on July 16, 2015, at 2:00 p.m.
Date of Intended Adoption: July 16, 2015.
Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, e-mail karen@crab.wa.gov, fax (360) 350-6094, by July 10, 2015.
Assistance for Persons with Disabilities: Contact Karen Pendleton by July 10, 2015, TTY (800) 833-6384 or (360) 753-5989.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: CRAB may in its discretion determine that for the public safety, health or general welfare, CRAB may grant an additional extension in some cases for rural arterial program projects if deemed necessary.
Statutory Authority for Adoption: Chapter 36.78 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: CRAB, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Randy Hart, Thurston, (360) 753-5989; and Enforcement: Jay Weber, Thurston, (360) 753-5989.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328.
May 20, 2015
Jay P. Weber
Executive Director
AMENDATORY SECTION (Amending WSR 11-05-005, filed 2/3/11, effective 3/6/11)
WAC 136-167-040 Lapsing of RATA allocation for approved projects.
To encourage timely development and construction of approved projects, all projects for which RATA funds have been allocated must meet certain project development milestones. Failure to meet the milestones will result in action by the county road administration board to withdraw RATA funds from the project.
(1) For the purposes of this section, a project will be subject to lapsing and withdrawal of its RATA allocation if:
(a) The project has not begun the preliminary engineering within one year of project approval by the county road administration board; or
(b) The project has not begun construction within six years of the date of project approval by the county road administration board.
(2) A project shall be considered in preliminary engineering if RATA funds have been expended or evidence that non-RATA funds have been expended for preliminary engineering as provided for in RCW 36.75.050. A project shall be considered in construction if:
(a) The construction contract for the work has been advertised for bids as provided for in RCW 36.77.020;
(b) A contract has been awarded under the provisions of the small works roster contract award process; or
(c) If done by county forces, the work has commenced.
(3) If an approved project does not meet a required project development milestone, the county road administration board will, at its next regular meeting, withdraw RATA funds from the project.
(4) At any time up to ten days before such meeting, the county may, in writing, request an extension of the lapse date. The county road administration board may grant such an extension if it finds that the delay in project development was for reasons that were both unanticipated and beyond the control of the county, and subject to the following:
(a) A project extension will be granted one time only and will be no more than two years in length; and
(b) The county can demonstrate that the project was actively pursued for completion within the original CRAB/county contract terms and can be completed within a two year extension; and
(c) The request for an extension is based on unforeseeable circumstances that the county could not have anticipated at the time the project was submitted for RATA funding; and
(d) An approved time extension will not be grounds for the county to request an increase in the RATA funding of the project; and
(e) The executive director will determine a new lapse date, and all of the requirements listed above under subsections (1) and (2) of this section will apply except that further extensions will not be granted.
(5) The CRABoard may in its discretion determine that for the public safety, health or general welfare, an additional extension is necessary. If such a determination is made, the CRABoard may grant an additional extension and set the duration thereof.
(6) The CRABoard may at any time place a moratorium on lapsing of projects that are delayed due to CRAB initiated rescheduling and establish a new lapsing date to fit the CRABoard's programming needs. For those projects given a lapsing moratorium, section four shall be held in abeyance until the new lapsing date.
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