WSR 03-05-010

PERMANENT RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed February 7, 2003, 10:49 a.m. ]

     Date of Adoption: January 16, 2003.

     Purpose: Revisions to chapter 136-50 WAC, Eligibility for rural arterial trust account, has been revised to include compliance with revised statutes regarding removal of barriers to fish passage.

     Citation of Existing Rules Affected by this Order: Repealing WAC 136-150-024; amending WAC 136-150-023, 136-150-030 and 136-150-040; and new sections WAC 136-150-050 and 136-150-060.

     Statutory Authority for Adoption: Chapter 36.79 RCW.

      Adopted under notice filed as WSR 02-23-007 on November 7, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

February 3, 2003

Jay P. Weber

Executive Director

OTS-6049.2


AMENDATORY SECTION(Amending WSR 01-17-104, filed 8/21/01, effective 9/21/01)

WAC 136-150-023   ((Identifying eligible counties.)) Ascertaining the expenditures for fish passage barrier removal.   ((Counties eligible to receive RATA funds shall be:

     (1) Those in which there has been no diversion of the county road levy;

     (2) Those in which the actual expenditures for traffic law enforcement have been equal to or greater than either the amount of diverted road levy budgeted for traffic law enforcement or the amount of road funds transferred to current expense to fund traffic law enforcement;

     (3) Those in which road funds have been transferred to other funds and have been used for legitimate road purposes;

     (4) Those with a population of less than eight thousand; and

     (5) Those expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050.)) In those counties in which road funds have been used for removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, the county engineer shall submit a certification showing that activities related to the removal of barriers to fish passage performed beyond the county right of way did not exceed twenty-five percent of the total costs for activities related to fish barrier removal on any one project, and that the total annual cost of activities related to the removal of barriers to fish passage performed beyond the county rights of way did not exceed one-half of one percent of the county's annual road construction budget. Such certification shall be submitted to the county road administration board no later than March 15 of each year.

[Statutory Authority: Chapter 36.79 RCW. 01-17-104, § 136-150-023, filed 8/21/01, effective 9/21/01; 99-01-021, § 136-150-023, filed 12/7/98, effective 1/7/99; 97-24-069, § 136-150-023, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-150-023, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 87-21-046 (Order 66), § 136-150-023, filed 10/15/87.]


AMENDATORY SECTION(Amending WSR 01-17-104, filed 8/21/01, effective 9/21/01)

WAC 136-150-030   ((Certification required.)) Identifying eligible counties.   ((The contract between the county road administration board and a county relative to a RAP project shall contain a certification, signed by the county executive or chair of the board of county commissioners, as appropriate, that the county is in compliance with the provisions of this chapter.)) All counties with a population of less than eight thousand shall be eligible to receive RATA funds. Counties with a population greater than eight thousand shall be eligible to receive RATA funds only if, during the immediately preceding calendar year:

     (1) The actual expenditures for traffic law enforcement have been equal to or greater than either the amount of the diverted road levy budgeted for traffic law enforcement or the amount of road funds transferred to current expense to fund traffic law enforcement;

     (2) The amount of county road funds used beyond the county right of way for activities clearly associated with removal of fish passage barriers that are the responsibility of the county did not exceed twenty-five percent of the total cost of activities related to fish barrier removal on any one project and the total cost of activities related to fish barrier removal beyond the county right of way did not exceed one-half of one percent of the county's total annual road construction budget;

     (3) All road funds that have been transferred to other funds have been used for legitimate road purposes;

     (4) Revenues collected for road purposes have been expended on other governmental services only after authorization from the voters of that county under RCW 84.55.050; and

     (5) County road levy funds have been expended in accordance with chapter 36.82 RCW.

[Statutory Authority: Chapter 36.79 RCW. 01-17-104, § 136-150-030, filed 8/21/01, effective 9/21/01; 99-01-021, § 136-150-030, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-150-030, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 01-17-104, filed 8/21/01, effective 9/21/01)

WAC 136-150-040   ((Post audit penalty.)) Constraint of contract execution.   ((Every RAP project shall be subject to final examination and audit by the state auditor. In the event such an examination reveals an improper certification on the part of a county relative to compliance with provisions of this chapter, the matter shall be placed on the agenda of the next meeting of the county road administration board and may be cause for the board to withdraw or deny the certificate of good practice of that county. The board may also require that all or part of the RATA funds received by the county be returned to the county road administration board.)) The county road administration board shall not execute a contract with any county for any RAP project unless the appropriate certifications have been submitted and unless the county has been identified as being eligible to receive RATA funds.

[Statutory Authority: Chapter 36.79 RCW. 01-17-104, § 136-150-040, filed 8/21/01, effective 9/21/01; 99-01-021, § 136-150-040, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. 86-06-005 (Order 61), § 136-150-040, filed 2/20/86; 84-16-065 (Order 56), § 136-150-040, filed 7/30/84.]


NEW SECTION
WAC 136-150-050   Certification required.   The contract between the county road administration board and a county relative to a RAP project shall contain a certification signed by the county executive or chair of the board of county commissioners, as appropriate, that the county is in compliance with the provisions of this chapter.

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NEW SECTION
WAC 136-150-060   Post audit penalty.   Every RAP project shall be subject to final examination and audit by the state auditor. In the event such an examination reveals an improper certification on the part of a county relative to compliance with provisions of this chapter, the matter shall be placed on the agenda of the next meeting of the county road administration board and may be cause for the board to withdraw or deny the certificate of good practice of that county. The board may also require that all or part of the RATA funds received by the county be returned to the county road administration board.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 136-150-024 Constraint of contract execution.

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