ADMINISTRATION BOARD

[Filed November 5, 2019, 10:39 a.m.]

Preproposal statement of inquiry was filed as WSR 19-17-082.

Title of Rule and Other Identifying Information: Amendments to chapter 136-163 WAC, Allocation of RATA funds to projects.

Hearing Location(s): On January 30, 2020, at 2:00 p.m., at 2404 Chandler Court S.W.

Date of Intended Adoption: January 30, 2020.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, email karen@crab.wa.gov, by January 24, 2020.

Assistance for Persons with Disabilities: Contact Karen Pendleton, phone 360-753-5989, TTY 800-833-6384, email karen@crab.wa.gov, by January 24, 2020.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed amendment to chapter 136-164 WAC will eliminate the definition of "emergency project:" from the rural arterial program. Emergency projects will be address[ed] in new chapter 136-500 WAC, Emergency loan program (ELP).

Reasons Supporting Proposal: This proposed amendment to chapter 136-164 WAC will eliminate the definition of "emergency project:" from the rural arterial program. Emergency projects will be address[ed] in new chapter 136-500 WAC, Emergency loan program (ELP).

Statutory Authority for Adoption: Chapter 36.78 RCW.

Statute Being Implemented: Not applicable.

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

Name of Proponent: County road administration board, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Drew Woods, 2404 Chandler Court S.W., Suite 240, Olympia, 98504, 360-753-5989; and Enforcement: John Koster, 2404 Chandler Court S.W., Suite 240, Olympia, 98504, 360-753-5989.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rule content is explicitly and specifically dictated by statute.

Is exempt under chapter 36.78 RCW.

Chapter 136-163 WAC

ALLOCATION OF RATA FUNDS TO EMERGENT ((AND EMERGENCY)) PROJECTS

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

WAC 136-163-010Purpose and authority.

RCW 36.79.140 provides for the authorization of ((RATA))rural arterial trust account funds for projects of an emergent nature. This chapter describes the manner in which counties may request ((RATA funds))funding for such emergent projects and the manner in which the county road administration board will respond to such requests.

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

WAC 136-163-020((Definitions.))Project eligibility.

((For the purposes of this chapter, the term "emergent nature" as used in RCW 36.79.140 shall mean both "emergent" and "emergency" projects as follows:

(1) Emergency project: Work of either a temporary or permanent nature which restores roads and bridges to the predisaster condition and may include reconstruction to current design standards. This work is the result of a sudden natural or man-made event which results in the destruction or severe damage to RATA-eligible roadway sections or structures such that, in the consideration of public safety and use, the roadway sections or structures must be immediately closed or substantially restricted to normal traffic. Work of an emergency nature is also beyond the scope of work done by a county in repairing damages normally or reasonably expected from seasonal or other natural conditions, and is beyond what would be considered maintenance, regardless of how extensive the maintenance may be.

(2) Emergent project: RATA-eligible work necessitated by sudden and unanticipated development, growth, access needs, or legal decisions. This work is not the result of an emergency situation as previously defined. This work, in consideration of good transportation capital facilities management, will also require a county to commit resources beyond its current six-year transportation program and prior to the next six-year transportation program annual update as provided for in RCW 36.81.121.))Projects of an emergent nature may be funded through the rural arterial program as authorized by chapter 36.79 RCW. An emergent project is defined as a project whose need the county was unable to anticipate at the time the six-year program of the county was developed. Emergency work to temporarily restore a county road for the short-term use of the traveling public is not eligible for funding as an emergent project; however, a project to permanently repair a county road after an emergency may be considered for funding if the proposed project meets all other requirements of the rural arterial program.

To be eligible for emergent project approval, the project shall be evaluated by the county road administration board grant programs engineer, with the participation of the county engineer, on the same point system as all other projects within the region. The proposed emergent project must rank at or above the regional funding cutoff line on the current array based upon one hundred percent of the current estimated regional allocation as determined by the county road administration board.

AMENDATORY SECTION(Amending WSR 01-05-009, filed 2/8/01, effective 3/11/01)

WAC 136-163-050Limitations and conditions((—Emergency and emergent projects)).

All projects for which ((RATA))rural arterial program funding is being requested under this chapter are subject to the following:

(1) The requesting county has the sole burden of making a clear and conclusive showing that the project is ((either)) emergent ((or emergency)) as described in ((WAC 136-163-020 through 136-163-040))this chapter; and

(2) The requesting county shall clearly demonstrate that the need for the project was unable to be anticipated at the time the current six-year transportation program was developed; and

(3) The requesting county agrees to a reduction in the next funding period's maximum RATA eligibility to the county equal to the RATA that may be provided; however, should that region not have a maximum RATA eligibility for each county, the requesting county agrees to withdraw, amend or delay an existing approved project or portion thereof in an amount equal to the RATA that may be provided for the project.

The following sections of the Washington Administrative Code are repealed:

Limitations and conditions—Emergency projects.

Limitations and conditions—Emergent projects.

WAC 136-163-030	Limitations and conditions—Emergency projects.
WAC 136-163-040	Limitations and conditions—Emergent projects.