WSR 18-04-117
PROPOSED RULES
TRANSPORTATION IMPROVEMENT BOARD
[Filed February 7, 2018, 11:51 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-24-108.
Title of Rule and Other Identifying Information: Portions of chapters 479-05, 479-10 [479-06], and 479-14 WAC.
Hearing Location(s): On March 22, 2018, at 2:00 p.m., at 401 East Yakima Avenue, Yakima, WA 98901.
Date of Intended Adoption: March 23, 2018.
Submit Written Comments to: Kelsey Davis, P.O. Box 40901, Olympia, WA 98504-0901, email kelseyd@tib.wa.gov, fax 360-586-1165, by March 9, 2018.
Assistance for Persons with Disabilities: Contact Kelsey Davis, phone 360-586-1146, fax 360-586-1165, email kelseyd@tib.wa.gov, by March 16, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: General updates.
Reasons Supporting Proposal: Clarifications and small corrections.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Transportation improvement board, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mr. Ashley Probart, P.O. Box 40901, Olympia, WA 98504-0901, 360-586-1139.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Clarifying language.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
February 7, 2018
Ashley Probart
Executive Director
AMENDATORY SECTION (Amending WSR 07-18-050, filed 8/30/07, effective 9/30/07)
WAC 479-05-012 Emergent nature project submission and limitations.
An eligible agency may request the transportation improvement board to consider a project for funding outside of the normal call for projects. To be considered as emergent nature, a project must demonstrate one or more of the following:
(1) There has been a significant change in the location or development of traffic generators in the area of the project.
(2) The work proposed is necessary to avoid or reduce serious traffic congestion in the area of the project in the near future.
(3) A partially funded project that, if completed, would enable a community to secure an unanticipated economic development opportunity.
(4) Other funding sources the local agency has applied for or secured for the project.
(5) ((The funding of the project would not adversely impact currently funded projects.)) The project request is a result of a federal, state, or locally declared emergency and must be funded prior to the normal call for projects.
In meeting one or more of the criteria, the project request may not adversely impact currently funded projects. The agency may be asked to make a presentation to the board on the project.
AMENDATORY SECTION (Amending WSR 07-18-050, filed 8/30/07, effective 9/30/07)
WAC 479-06-080 Final settlement.
Up to five percent of total transportation improvement board funds may be retained until the agency submits final, complete, and accurate closeout documentation for a project.
A unilateral closeout of a project may be initiated by the board or executive director when an agency has not responded to requests for final documentation ((and all funds are expended)).
AMENDATORY SECTION (Amending WSR 07-18-050, filed 8/30/07, effective 9/30/07)
WAC 479-14-006 Previously funded projects.
Projects are not eligible to compete for funding within the termini limits of a previously funded project for a period of ten years from contract completion. A project that is divided into multiple phases is not considered a previously funded project.
Exceptions: The executive director may consider project applications during the normal call for projects that meet one or more of the following criteria:
(1) Installation of traffic demand or system management improvements based on updated warrants;
(2) New technology, standards, or FHWA approvals (such as LED technology) that was not available when the project was previously funded;
(3) Have previously received preservation program funding.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-121 What projects are eligible for urban program funding.
Eligible projects are:
(1) Improvements on federally classified arterials;
(2) Within a city qualifying for urban designation upon the next federal census as long as the project carries a federal arterial functional classification; or
(3) Within the urban growth area in counties ((which are in full compliance with Washington state's Growth Management Act)).
Any urban street that is not functionally classified at the time of award must obtain federal functional classification prior to approval to expend board funds.
Sidewalks with five feet minimum clear width are required on both sides of the arterial unless a deviation is granted under WAC 479-14-200.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-215 Small city match funding allocation.
Within the small city arterial program, up to ten percent of the annual allocation may be portioned as an amount available for small cities to match the minimum federal funding ((provided)) match required for local government federal aid ((of)) transportation((, on a first come/first served basis)) projects.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-270 Small city federal match funding eligibility and application.
(1) Cities with a population under five thousand may request grant funds to match a federal grant as part of the normal call for projects. The project must ((meet TIB eligibility requirements for the small city arterial program described under WAC 479-14-221. A TIB funding application form must be submitted to apply for federal match funding.)):
(a) Meet TIB eligibility requirements for the small city arterial program described under WAC 479-14-221; and
(b) Submit a TIB funding small city arterial program application form to apply for federal match funding.
(2) Cities with a population under five thousand may request grant funds to match federal transportation funding for emergent federal match projects. The project must:
(a) Meet TIB eligibility requirements for the small city arterial program described under WAC 479-14-221; and
(b) Submit a TIB funding small city arterial program application form.
Projects may be selected until the funding allocation is expended.
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-271 Restriction on use of small city federal match funding.
Federal match funds are only for transportation projects funded through federal transportation grants. ((All other local funding sources must be sought before applying for federal match funds from TIB.))
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-431 Award criteria for the sidewalk program.
The board establishes the following criteria for use in evaluating sidewalk program grant applications for both urban and small city sidewalk projects:
(1) Safety improvement - Projects that address hazard mitigation and accident reduction.
(2) Pedestrian access - Projects that improve or provide access to facilities including:
(a) Schools;
(b) Public buildings;
(c) Central business districts;
(d) Medical facilities;
(e) Activity centers;
(f) High density housing (including senior housing);
(g) Transit facilities;
(((h))) (3) Completes or extends existing sidewalks.
(((3))) (4) Completes or extends sidewalks to facilities listed in subsection (2) of this section that are identified in local agency latecomer agreements. The local agency must agree to collect the latecomer fee at the time of development and place the fee in its transportation improvement program.
(5) Local support - Addresses local needs and is supported by the local community.
(((4))) (6) Sustainability - ((Improves)) Right sizing sidewalk or shared use path width and material type, provides hardscaping and ((appropriate)) native plantings, addresses low impact development or natural drainage practices((, and encourages pervious surface use)).
AMENDATORY SECTION (Amending WSR 12-08-060, filed 4/3/12, effective 5/4/12)
WAC 479-14-461 Matching requirement for the sidewalk program.
The sidewalk program provides funding which will be matched by other funds as follows:
(1) The urban sidewalk program ((requires a match of at least twenty percent of total project costs.)) provides funding which will be matched by other funds as follows:
(a) For cities:
(i) If the city valuation is under one billion dollars, the matching rate is ten percent of total project costs.
(ii) If the city valuation is one billion dollars to two and one-half billion dollars, the rate is fifteen percent of total project costs.
(iii) If the city valuation is over two and one-half billion dollars, the rate is twenty percent of total project costs.
(b) For counties:
(i) If the road levy valuation is under three billion dollars, the rate is ten percent of total project costs.
(ii) If the road levy valuation is between three billion dollars to ten billion dollars, the rate is fifteen percent of total project costs.
(iii) If the road levy valuation is over ten billion dollars, the rate is twenty percent of total project costs.
(c) For transportation benefit districts, the match is based on the valuation of the city or county in which the project is located. If the project lies within more than one city or county, the match is determined by the city or county that has the greatest valuation.
(2) The small city sidewalk program ((matching rates are dependent on the city population)) provides funding which will be matched by other funds as follows:
(a) ((Cities with a population of one thousand and below are not required to provide matching funds.
(b) Cities with a population over one thousand but less than five thousand, require a match of at least five percent of the total project costs.)) If the city assessed valuation is under one hundred million dollars, no cash match is necessary.
(b) If the city assessed valuation is from one hundred million dollars to five hundred million dollars, a five percent match will be contributed.
(c) If the city assessed valuation is greater than five hundred million dollars, a match of ten percent will be contributed.
The board uses the current published valuation from the department of revenue.
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 479-14-272
Small city federal match funding priority.