WSR 17-09-018
[Filed April 10, 2017, 5:13 p.m., effective May 11, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Adoption of these rules is necessary to establish a program to manage the distribution of complete streets funding.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Adopted under notice filed as WSR 16-20-075 on October 4, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 14, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 14, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 21, 2016.
Stevan Gorcester
Executive Director
Chapter  479-10  WAC
WAC 479-10-500 What is the purpose and authority for the complete streets grant program?
The transportation improvement board (TIB) adopts rules necessary to implement the complete streets grant program authorized in RCW 47.04.320. The purpose of the program is to encourage local agencies to adopt ordinances calling for street and road designs that incorporate access to all users, including, bicyclists, pedestrians, motorists and public transportation riders by providing a financial incentive.
WAC 479-10-510 What local governments are eligible for the complete streets grant program?
A city or county is eligible to receive a grant award from the complete streets grant program when it has a jurisdiction-wide complete streets ordinance adopted by its council or commission.
WAC 479-10-520 How are local governments selected for complete streets grant funding?
In order to be considered for funding, an eligible city or county must be nominated by an approved nominating organization. Complete streets grant funding is an incentive payment, recognizing local governments that plan, design, and build with consideration for all users, high continuity with existing infrastructure, and sound engineering principles based on peer reviewed guides, reports and publications consistent with the purposes of the program. A nominating organization, keeping these guidelines in mind, may at its discretion nominate an eligible local government for a complete streets grant. The transportation improvement board will select the best nominated local government, within available funding. Funding associated with the a grant award may be used to complete projects or activities identified on an approved work plan.
WAC 479-10-530 Who can nominate?
The board will approve nominating organizations. The board may add or eliminate nominating organizations in advance of each call for nominations. Nominating organizations must be:
(1) Washington state government agencies that have an interest in transportation; or
(2) Statewide nonprofit groups that have transportation as part of their organizational purpose.
WAC 479-10-540 How many nominations may each nominator submit?
The board will set a limit on the number of nominations available to each nominating organization, based on the pool of eligible local governments and the relative size of the nominating organization compared to other nominators.
WAC 479-10-550 The board may nominate eligible local governments.
The board may nominate eligible local governments if the nominating organizations do not provide sufficient nominations to utilize available funds or the nominations received do not reflect appropriate geographic or local government diversity.
WAC 479-10-560 How will nominated local governments be evaluated for the complete streets grant program?
Nominated local governments may be selected for a grant award based on the following factors:
(1) Quality of the adopted complete streets ordinance;
(2) Level of integration of the complete streets ethic in planning documents;
(3) Presence of community outreach and engagement in street or road plans and projects;
(4) Past projects constructed for existing and expected users;
(5) Future project designs or plans that adhere to complete streets guidelines;
(6) Other factors as determined by the board.
WAC 479-10-570 What projects are eligible?
The following types of improvements are permitted uses:
(1) Pedestrian infrastructure;
(2) Bicycle infrastructure;
(3) Street or road systems modifications that provide or improve access to public transit;
(4) Aesthetic improvements to the streetscape associated with the street or road system; and
(5) Other activities consistent with RCW 47.04.320 may be authorized by the board on a case-by-case basis.
WAC 479-10-580 How is the work plan determined?
Staff will work with the local government to determine eligible items that may be approved on the work plan. Projects may include work that is contracted out or work that is performed by local government staff for construction, installation, and significant repair of street or road related infrastructure, and capital planning processes that include an implementation plan for such infrastructure work. Automobile, freight access requirements, impact on sensitive environmental areas, and preserving the community character may also be taken into consideration.
WAC 479-10-590 How to make changes to the work plan.
Work plans may be modified by request to the executive director within awarded funding. Savings from the approved work plan may be reprogrammed into additional work plan items.
WAC 479-10-600 When will the grant award payment be made?
The grant award payment will be made after TIB approval of the eligible project work plan and a grant award agreement is fully executed. Funds shall be held by the local government in a separate and identifiable account and used only on the approved work plan. Funding not expended on a work plan item within three years of the grant award date shall be returned within ninety days after receipt of the transportation improvement board's written notification.
WAC 479-10-610 How is the amount of the incentive payment determined?
The award amount for eligible project work plans will be based on the following factors:
(1) Level of commitment to complete streets ethic;
(2) Available funds;
(3) Total number of eligible agencies nominated;
(4) History of complete streets projects; and
(5) Cost to implement the approved work plan.
WAC 479-10-620 What is required at grant award closeout?
Within ninety days after the grant funds are fully expended or three years after the grant award date, whichever comes first, the local government shall provide an itemized list of expenditures and written certification that all grant funds were only expended on eligible work plan items. The board may require additional documentation of expenditures prior to closeout. If not all grant funds were expended, the local government shall return unused funds to the board along with the closeout materials. Should the board determine that some funding was not expended on eligible work plan items; the local government shall return such funds to the board within ninety days after receipt of the board's written notice.
WAC 479-10-630 When can eligible local governments who have already received an award, receive a new award?
Eligible local governments may receive a grant award in subsequent years only after previously awarded funds are expended or returned as provided in WAC 479-10-620.