PROPOSED RULES
ADMINISTRATION BOARD
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Title 136 WAC, amending WAC 136-130-030 Project prioritization in Puget Sound region, 136-130-050 Project prioritization in northeast region, 136-130-060 Project prioritization in southeast region, 136-130-070 Project prioritization in southwest region, 136-161-020 RAP program cycle -- General, 136-161-030 RAP program cycle -- Preliminary prospectus, 136-161-040 RAP program cycle -- Field review by CRAB, 136-161-050 RAP program cycle -- Final prospects, 136-161-070 RAP program cycle -- Selection and approval, 136-163-050 Limitations and conditions -- Emergency and emergent project, 136-210-030 Deviations from design standards, 136-210-040 Report of assistant secretary for highways and local programs, and 136-210-050 Project approval with deviation.
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 amount allocated to projects in the first year of the biennium.
Proposal Changes the Following Existing Rules: See Title of Rule above.
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.
December 4, 2000
Jay P. Weber
Executive Director
OTS-4556.1
AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98,
effective 1/7/99)
WAC 136-130-030
Project prioritization in Puget Sound
region (PSR).
Each county in the PSR may submit projects
requesting RATA funds not to exceed 80% of the forecasted
regional ((allocation total)) apportionment. Each project shall
be rated in accordance with the PSR RAP rating procedures. The
PSR ((biennial apportionment)) funding period shall ((have))
allot a minimum of 25% of the forecasted regional ((allocation
committed)) apportionment to projects on roads classified as
major collectors (07) or minor collectors (08). PSR RAP rating
points shall be assigned on the basis of twenty points for
traffic volume, twenty-five points for accident history, fifteen
points for structural condition, twenty-five points for geometric
condition, and fifteen points for special use and need. Prioritization of PSR projects shall be on the basis of total PSR
RAP rating points shown on the project worksheet and the
prospectus form of the project application.
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-130-030, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-130-030, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. 92-13-038 (Order 88), § 136-130-030, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), § 136-130-030, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 86-06-005 (Order 61), § 136-130-030, filed 2/20/86; 84-16-065 (Order 56), § 136-130-030, filed 7/30/84.]
Category 1 | - | Ten percent for bridge projects where RATA funds are used as a match for federal bridge replacement funds; |
Category 2 | - | Forty-five percent for reconstruction of rural collectors; and |
Category 3 | - | Forty-five percent for resurfacing, restoration, rehabilitation (3R) type projects on rural collectors. |
Bridge projects may be submitted requesting RATA funds under one of the following conditions:
(1) Bridges must be approved for federal bridge replacement funding and RATA funds shall be used only as a match for such federal funding. Bridges will be ranked for RATA funding using the WSDOT priority list and may be added to the NER Category 1 priority array at any time during the biennium upon approval of the Bridge for Federal Bridge replacement funding.
(2) A stand-alone bridge project may be submitted as an ordinary RAP project provided that its priority rating has been computed by the bridge rating method in the NER RAP rating procedures. Such projects shall not be considered for funding from the bridge reserve described above.
(3) A RAP project may include a bridge when the cost of the bridge does not exceed twenty percent of the total project cost.
NER RAP rating points for reconstruction projects, 3R projects or non-federal bridge replacement projects shall be assigned on the basis of one hundred points for a condition rating and fifty points for a service rating. The priority rating equals the sum of two and one half times the product of the service rating to the 1.25 power and the common logarithm of the number obtained by dividing one hundred by the condition rating. A total of ten points representing local significance may be added to one project included in each county's biennial submittal. A total of up to ten points representing missing links definition may also be added to one project included in each county's biennial submittal. Prioritization of NER projects shall be on the basis of total NER RAP rating points shown on the appropriate project worksheet and the prospectus form of the project application.
[Statutory Authority: Chapter 36.79 RCW. 99-16-038, § 136-130-050, filed 7/29/99, effective 8/29/99; 99-01-021, § 136-130-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 92-13-038 (Order 88), § 136-130-050, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), § 136-130-050, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 88-12-080 (Order 69), § 136-130-050, filed 6/1/88; 86-21-076 (Order 63-P), § 136-130-050, filed 10/15/86; 86-06-005 (Order 61), § 136-130-050, filed 2/20/86; 84-16-065 (Order 56), § 136-130-050, filed 7/30/84.]
Asotin County | ten percent |
Benton County | fourteen percent |
Columbia County | eleven percent |
Franklin County | thirteen percent |
Garfield County | ten percent |
Kittitas County | thirteen percent |
Klickitat County | fourteen percent |
Walla Walla County | fourteen percent |
Yakima County | twenty percent |
SER RAP rating points shall be assigned on the basis of forty-five points for structural condition, thirty points for geometrics, twenty-two points for traffic volume, five points for traffic accidents. A total of twenty points representing local significance may be added to one project in each county's biennial submittal. Prioritization of SER projects shall be on the basis of total SER RAP rating points shown on the project worksheet and the prospectus form of the project application.
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-130-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 97-06-006, § 136-130-060, filed 2/24/97, effective 3/27/97; 94-10-020, § 136-130-060, filed 4/27/94, effective 5/28/94; 92-13-038 (Order 88), § 136-130-060, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), § 136-130-060, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 88-05-040 (Order 68), § 136-130-060, filed 2/16/88; 84-16-065 (Order 56), § 136-130-060, filed 7/30/84.]
[Statutory Authority: Chapter 36.79 RCW. 99-24-057, § 136-130-070, filed 11/29/99, effective 12/30/99; 99-01-021, § 136-130-070, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 92-13-038 (Order 88), § 136-130-070, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), § 136-130-070, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 88-05-040 (Order 68), § 136-130-070, filed 2/16/88; 86-06-005 (Order 61), § 136-130-070, filed 2/20/86; 84-16-065 (Order 56), § 136-130-070, filed 7/30/84.]
OTS-4483.2
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) The CRABoard establishes a funding period if it determines that sufficient future RATA funds are available to provide for new RAP projects. This determination takes place during the CRABoard's regularly scheduled fall meeting in odd-numbered years.
(2) Each county prepares and submits a preliminary prospectus to the county road administration board;
(((2))) (3) 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))) (4) Each county prepares and submits a final
prospectus to the county road administration board;
(((4))) (5) 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))) (6) 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.]
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-161-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-030, filed 8/2/94, effective 9/2/94.]
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-161-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-040, filed 8/2/94, effective 9/2/94.]
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-161-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-050, filed 8/2/94, effective 9/2/94.]
(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)) funding 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)) funding period 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)) funding period
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.]
OTS-4557.1
AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98,
effective 1/7/99)
WAC 136-163-050
Limitations and conditions -- Emergency and
emergent projects.
All projects for which RATA 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;
(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
((biennium's)) 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.
[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-163-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 96-17-014, § 136-163-050, filed 8/12/96, effective 9/12/96.]
OTS-4558.1
AMENDATORY SECTION(Amending WSR 98-09-070, filed 4/20/98,
effective 5/21/98)
WAC 136-210-030
Deviations from design standards.
Deviation from the specified design standards may be requested by
the county engineer in responsible charge of the project when
circumstances exist which would make application of adopted
standards exceedingly difficult. Whenever a deviation request is
to be made on a project, it shall be so noted on the project
application submitted in accordance with WAC 136-161-050. Request for deviation shall be made to the WSDOT assistant
secretary for ((transaid)) highways and local programs.
[Statutory Authority: Chapter 36.79 RCW. 98-09-070, § 136-210-030, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-210-030, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-210-030, filed 7/30/84.]
[Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-210-040, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-210-040, filed 7/30/84.]
[Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-210-050, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-210-050, filed 7/30/84.]