WSR 03-08-041

PROPOSED RULES

SEATTLE POPULAR

MONORAIL AUTHORITY

[ Filed March 27, 2003, 1:46 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Corridor and design public hearings.

Purpose: The rule is intended to implement the statutory requirements for a corridor public hearing and a design public hearing by the Seattle Popular Monorail Authority ("Seattle Monorail Project"). Pursuant to RCW 35.95A.080, rules for corridor and design public hearings are required to be adopted prior to use of excise tax funds to acquire right-of-way for a monorail or to construct a monorail on separate right-of-way.

Statutory Authority for Adoption: RCW 35.95A.050, 35.95A.080.

Statute Being Implemented: RCW 35.95A.080.

Summary: Rules governing corridor and design public hearings are required by RCW 35.95A.080. A corridor public hearing would take place prior to final approval of a specific monorail route, and is designed to give the public an opportunity to comment on the route location and the social, economic and environmental effects of that location and alternate locations. A design public hearing would take place after the specific route location is established but before final design decisions are finalized. The purpose of the design public hearing is to give the public an opportunity to comment on system design and the social, economic and environmental effects of that design and alternate designs.

Reasons Supporting Proposal: The corridor and design public hearings will provide additional opportunities for members of the public to comment on specific monorail routing and design decisions, on the social and economic effects of the proposed monorail routes, on the environmental effects of proposed monorail routes.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ross Macfarlane, Director of Legal Environmental Affairs, Seattle Monorail Project, 1904 Third Avenue, Suite 105, Seattle, WA 98101, (206) 382-1220.

Name of Proponent: Seattle Popular Monorail Authority ("Seattle Monorail Project"), governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: A hearing will be held on the proposed rule on May 7, 2003, as noted below. Written comments should be sent to the Seattle Monorail Project at the address listed above and must arrive before close of business Tuesday, May 6, 2003. Comments may also be sent by e-mail to Ross Macfarlane at ross@elevated.org.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Rules governing corridor and design public hearings are required by RCW 35.95A.080. A corridor public hearing would take place prior to final approval of a specific monorail route, and is designed to give the public an opportunity to comment on the route location and the social, economic and environmental effects of that location and alternate locations. A design public hearing would take place after the specific route location is established but before final design decisions are finalized. The purpose of the design public hearing is to give the public an opportunity to comment on system design and the social, economic and environmental effects of that design and alternate designs.

The purpose of the rule would be to provide for the public hearings required by RCW 35.95A.080.

The anticipated effect would be to allow for additional opportunities for public comment.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not prepared because the proposed rule relates only to internal agency procedures that are not subject to violation by a nongovernmental party and because the content of the rule is specifically dictated by statute.

RCW 34.05.328 does not apply to this rule adoption. The proposed rule relates only to internal agency operations and is not subject to violation by a nongovernmental party, and is therefore except [exempt] pursuant to RCW 34.05.328 (5)(b)(ii). The content of the rule is also dictated by statute; and is therefore exempt pursuant to RCW 34.05.328 (5)(b)(v).

Hearing Location: A hearing on the proposed rule will be held at the regular meeting of the board of directors of the Seattle Monorail Project, Community Room, 1913 Fourth Avenue, Seattle, WA 98106, on May 7, 2003, at 6:30 p.m. More information on location and time are available at elevated.org.

Assistance for Persons with Disabilities: Contact Seattle Monorail Project, (206) 382-1220.

Submit Written Comments to: Ross Macfarlane, Director of Legal and Environmental Affairs, Seattle Monorail Project, 1904 Third Avenue, Suite 105, Seattle, WA 98101, fax (206) 382-1279, by May 6, 2003.

Date of Intended Adoption: May 7, 2003.

March 21, 2003

Ross Macfarlane

Director of Legal and

Environmental Affairs


SEATTLE MONORAIL PROJECT


Rule for Corridor Public Hearing and Design Public Hearing


NEW SECTION


Section One Corridor Public Hearing. The corridor public hearing will take place before the final commitment by the Board of Directors of the Seattle Monorail Project to a specific route location for any phase of the Seattle Popular Monorail Plan. The Executive Director shall schedule and convene the corridor public hearing to accept public comment regarding the proposed specific route location. The purpose of the public hearing is to provide an opportunity for comment by the public regarding the determination of the need for, and the location of, the particular phase of the monorail route under consideration.

The Executive Director may hold the corridor public hearing in conjunction with one or more of the public hearings on the draft environmental impact statement for the specific route proposal or as a separate hearing. The Executive Director also has discretion to schedule the corridor public hearing for a regular or special meeting of the Board of Directors. The hearing shall afford members of the public the opportunity to submit written or oral comments on the proposed route location and the social, economic and environmental effects of that location and potential alternate locations, consistent with the Seattle Popular Monorail Plan and enabling legislation. The Executive Director is responsible for preparing a summary of the public comments received for review by the Board of Directors.

The Executive Director has discretion on the form of public notice provided but shall, at a minimum, provide public notice by posting in a newspaper of general circulation and by posting on the website and at the offices of the Seattle Monorail Project. If the corridor public hearing is scheduled for a regular or special meeting of the Board of Directors, then the notice shall meet all requirements for notice of such meetings in the Washington Open Public Meetings Act.

NEW SECTION


Section Two Design Public Hearing. After the Board has made a final commitment to a specific route location for any phase of the Seattle Popular Monorail Project, the Executive Director shall schedule and convene a design public hearing. The design public hearing shall afford an opportunity for the public to comment on the major design features of that specific monorail route. The hearing shall afford the public with an opportunity to present views on the monorail design, and on the social, economic and environmental effects of that design and alternate designs, including people-mover technology.

In the discretion of the Executive Director, the design public hearing may be scheduled at a regular or special meeting of the Board of Directors or, if the Executive Director deems appropriate, as a separate hearing. The Executive Director shall be responsible for preparing a summary of the public comments received for review by the Board of Directors.

The Executive Director has discretion on the form of public notice provided but shall, at a minimum, provide public notice by posting in a newspaper of general circulation and by posting on the website and at the offices of the Seattle Monorail Project.

NEW SECTION


Section Three Effective Date. This rule shall become effective thirty (30) days after a certified copy is final rule as adopted by the Board of Directors is filed with the Washington State Code Reviser's Office. After that effective date, the Seattle Monorail Project shall be authorized to utilize excise tax money collected under Chapter 35.95A RCW for the acquisition of right-of-way for monorail transportation facilities and for construction of monorail transportation facilities in separate rights-of-way.

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