WSR 13-14-028
[Filed June 25, 2013, 12:22 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-07-063.
Title of Rule and Other Identifying Information: Amend WAC 479-14-011, 479-01-060, and chapter 479-10 WAC, where appropriate and develop new WACs necessary to implement the arterial preservation program.
Hearing Location(s): Quality Inn & Suites, 700 Port Drive, Clarkston, WA 99403, (509) 758-9500, on September 27, 2013, at 9:00 a.m.
Date of Intended Adoption: September 27, 2013.
Submit Written Comments to: Alicia Seegers Martinelli, P.O. Box 40901, Olympia, WA 98504-0901, e-mail, fax (360) 586-1165, by August 9, 2013.
Assistance for Persons with Disabilities: Contact Eileen Bushman by September 9, 2013, (360) 586-1146.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Develop rules to support RCW 47.26.084 [(1)](c), which directs the transportation improvement board (TIB) to use funds from the transportation improvement account to maintain, preserve, and extend the life and utility in transportation systems and services. These rules will align TIB preservation programs under one chapter, outline the arterial preservation program's intent, provide parameters for eligibility, and define requirements for local agency matching funds.
Reasons Supporting Proposal: Chapter 306, Laws of 2013, provides funding for the arterial preservation program to help low tax-based, medium-sized cities preserve arterial pavements.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Statute Being Implemented: RCW 47.26.084 [(1)](c).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [TIB], governmental.
Name of Agency Personnel Responsible for Drafting: Alicia Seegers Martinelli, P.O. Box 40901, Olympia, WA 98504-0901, (360) 586-1155; Implementation and Enforcement: Stevan Gorcester, P.O. Box 40901, Olympia, WA 98504-0901, (360) 586-1139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Customers are local government entities.
A cost-benefit analysis is not required under RCW 34.05.328. Not required under RCW 34.05.328(5).
June 25, 2013
Stevan Gorcester
Executive Director
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-01-060 Executive director—Powers and duties. The board appoints an executive director who will serve at its pleasure to carry out the board priorities and the mission of the agency including the following administrative duties:
(1) The executive director will direct and supervise all day-to-day activities of the staff.
(2) The executive director is the appointing authority of the staff and may authorize subordinates to act in the executive director's place to carry out administrative duties.
(3) The executive director has sidewalk deviation authority as described in WAC 479-14-200.
(4) The executive director has administrative increase authority for projects up to the following levels:
(a) Urban program – Fifteen percent of project costs or seven hundred fifty thousand dollars whichever is less.
(b) Small city arterial program – Up to one hundred twenty-five thousand dollars.
(c) City hardship assistance program – Up to seventy-five thousand dollars.
(d) Sidewalk program – Up to fifty thousand dollars ((for small city projects; zero for urban projects)).
(e) Small city preservation program – Up to two hundred thousand dollars within available funding limitations.
(f) Arterial preservation program – Up to fifteen percent of original TIB grant.
(g) Small city federal match within the limits set by the board in accordance with WAC 479-14-215.
Chapter  479 - 10  WAC
AMENDATORY SECTION (Amending WSR 08-21-005, filed 10/2/08, effective 11/2/08)
WAC 479-10-005 Purpose ((and)), authority, and funding. The board adopts reasonable rules necessary to administer the:
(1) Small city ((pavement)) preservation ((and sidewalk account)) program pursuant to RCW 47.26.340, 47.26.345 and 47.26.164 and funded by the small city pavement preservation and sidewalk account;
(2) Arterial preservation program pursuant to RCW 47.26.084 and funded by the highway safety account or the transportation improvement account; and
(3) City hardship assistance program pursuant to RCW 47.26.164 and funded by the small city pavement preservation and sidewalk account.
AMENDATORY SECTION (Amending WSR 10-14-027, filed 6/28/10, effective 7/29/10)
WAC 479-10-011 ((Programs funded from the)) Small city pavement preservation and sidewalk account additional uses. ((The small city pavement preservation and sidewalk account funds:
(1) Small city preservation program and if funds are)) If available, ((for use on a project-by-project basis for the)) funds from the small city pavement preservation and sidewalk account may be provided to small cities to match federal funding provided for local government federal aid of transportation, on a first come/first served basis((; and
(2) City hardship assistance program)).
WAC 479-10-300 Intent of the arterial preservation program. The intent of the arterial preservation program is to aid urban cities with low assessed property valuation preserve arterial pavement.
WAC 479-10-310 Who is eligible for arterial preservation program funds. Incorporated cities with a population of more than five thousand and an assessed property valuation below a maximum valuation established annually by the board are eligible to receive arterial preservation program funding.
WAC 479-10-320 Projects eligible for arterial preservation program funds. Eligible roadway projects are:
(1) Improvements on city-owned federally classified arterials;
(2) City-owned federal arterial functional classification projects within cities qualifying for urban designation upon the next federal census; and
(3) City-owned urban streets, not functionally classified at the time of award, but meeting federal functional classification prior to approval to expend board funds.
WAC 479-10-323 Arterial preservation program allowable street system treatments and funding uses. The type of treatment allowed will be based on the pavement condition rating, treatment types available in the area, and concurrence by the local agency. Funding can be used for resurfacing of existing streets, required ADA ramp upgrades, and minor associated sidewalk repairs.
WAC 479-10-330 Consideration of arterial preservation program funding requests. To be considered for funding a project under the arterial preservation program, an eligible agency must submit a funding application in response to a TIB call for projects.
WAC 479-10-370 Arterial preservation program city matching funds. The arterial preservation program provides funding when program funds are matched by any other non-TIB funds as follows:
(1) If the city assessed valuation is less than one billion dollars, the matching rate is ten percent of the total project costs;
(2) If the city valuation is one billion dollars to two and one-half billion dollars, the matching rate is fifteen percent of the total project costs;
(3) If the city valuation is over two and one-half billion dollars, the matching rate is twenty percent of the total project costs.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-011 Programs funded from the transportation improvement account. The transportation improvement account funds the following programs:
(1) The urban program;
(2) The small ((arterial)) city arterial program:
(a) Grants; and
(b) Federal match funding.
(3) The sidewalk programs:
(a) Urban sidewalk program; and
(b) Small city sidewalk program.
(4) The arterial preservation program.