PROPOSED RULES
ADMINISTRATION BOARD
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Title 136 WAC.
Purpose: Amends WAC 136-161-020 RAP program cycle -- General and 136-161-070 RAP program cycle -- Selection and approval of projects for RATA funding.
Statutory Authority for Adoption: Chapter 36.79 RCW.
Name of Agency Personnel Responsible for Drafting and Implementation: Karen Pendleton, Olympia, (360) 753-5989; and Enforcement: Jay P. Weber, Olympia, (360) 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: This amendment changes percentages of RATA amounts allocated to projects in the first year of the biennium.
Proposal Changes the Following Existing Rules: Amends WAC 136-161-020 and 136-161-070.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, on January 11, 2001, at 2:00 p.m.
Assistance for Persons with Disabilities: Contact Karen Pendleton by January 11, 2001, 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 5, 2001.
Date of Intended Adoption: January 11, 2001.
October 20, 2000
Jay P. Weber
Executive Director
OTS-4483.1
AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98,
effective 1/7/99)
WAC 136-161-020
RAP program cycle -- General.
The RAP biennial program cycle consists of the following basic steps:
(1) Each county prepares and submits a preliminary prospectus to the county road administration board;
(2) County road administration board staff conducts a field review of each preliminary prospectus and provides to each submitting county an evaluation and scoring of all priority elements which are based on a visual examination, using that region's priority rating process;
(3) Each county prepares and submits a final prospectus to the county road administration board;
(4) For each final prospectus submitted, county road administration board staff computes the total priority rating score and assembles all projects into rank-ordered arrays by region; and
(5) The county road administration board reviews the
rank-ordered arrays in each region and, based upon the RATA funds
projected to be ((available)) allocable for the next project
program period (see WAC 136-161-070), selects and approves
specific projects for RATA funding.
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-161-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-020, filed 8/2/94, effective 9/2/94.]
(1) At its last regular meeting before the beginning of each biennium, the county road administration board will select projects and allocate anticipated RATA funds to projects in each region. The preliminary priority arrays as developed in WAC 136-161-060 will be updated to exclude any county which is ineligible under chapter 136-150 WAC, and projects will be selected from these arrays. Selections will be made in each region in declining priority rank order, provided that:
(a) No county shall be allocated RATA funds in excess of its regional county limit as specified in WAC 136-161-080; and
(b) Any projects which were partially funded in the prior biennium shall, unless otherwise requested by the county, be fully funded before new projects are selected. Ties in total rating points will be broken by the county road administration board in favor of the county having the lesser total amount of previously allocated RATA funds.
(2) The statewide net amount of RATA funds available for allocation to projects in the project program period will be based on the most recent state fuel tax revenue forecast prepared quarterly by the department of transportation, less estimated administrative costs, and less any amounts set aside for emergent projects as described in WAC 136-163-020. The total amount of RATA funds available for allocation to projects in a region (i.e., "forecasted regional apportionment amount") will be based on the regional apportionment percentages of the statewide net amount as determined in chapter 136-100 WAC.
(3) For the biennium beginning July 1, 1995, the project
program period will be the next four state fiscal years (1996,
1997, 1998 and 1999, beginning July 1, 1995, and ending June 30,
1999). For the biennium beginning July 1, 1997, the project
program period will begin July 1, 1999 and end June 30, 2001. ((For each biennium thereafter, the project program period will
be two years in length, beginning and ending two years later than
the preceding project program period.))
(4) The RATA amounts allocated to projects in the first year
of the biennium are limited to no more than ninety percent of the
net amount estimated to be ((available)) allocable to each region
for the project program period, with the remaining ((ten
percent)) percentage allocated at such time as deemed appropriate
by the county road administration board.
(5) Acceptance of the RATA allocation for a project by the full execution of a CRAB/county contract as described in chapter 136-170 WAC constitutes agreement to complete the project in compliance with the scope, design and project limits in the final prospectus. All material changes to the scope, design or project limits must be approved by the county road administration board prior to commencement of construction.
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-161-070, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-161-070, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-161-070, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-070, filed 8/2/94, effective 9/2/94.]