PERMANENT RULES
Date of Adoption: March 29, 1999.
Purpose: To amend rules for administering the federal Transportation Equity Act for the 21st Century (TEA-21) surface transportation program state-wide and enhancement program as directed by the state TEA-21 steering committee.
Citation of Existing Rules Affected by this Order: Amending WAC 479-510-410 and 479-510-420.
Statutory Authority for Adoption: Chapters 47.26 and 47.66 RCW.
Adopted under notice filed as WSR 99-03-088 on January 20, 1999.
Number of Sections Adopted in Order to Comply with Federal Statute: New 2, Amended 2, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.
March 29, 1999
Jerry M. Fay
Executive Director
(1) Eligibility to apply shall be limited to public agencies.
(2) Programs and projects eligible for funding shall be limited to the following purposes:
(a) Planning;
(b) Preliminary engineering;
(c) Right of way acquisition;
(d) Construction; and
(e) Capital equipment acquisition.
(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington state.
(4) All projects must be regionally significant.
[Statutory Authority: 1995 c 269 § 2601. 95-22-056, § 479-510-410, filed 10/30/95, effective 11/30/95.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-22-056, filed 10/30/95, effective 11/30/95)
WAC 479-510-420
(Intermodal Surface Transportation Efficiency Act)
Transportation Equity Act for the 21st Century or its successor acts, surface
transportation program, statewide competitive program account--Criteria.
(1) Projects selected for funding from the statewide competitive program account shall be consistent with the following criteria without regard to geographic distribution:
(a) Local, regional, and state transportation plans;
(b) Local transit development plans; and
(c) Local comprehensive land use plans.
(2) The following criteria shall be considered:
(a) Objectives of the Growth Management Act, the High Capacity Transportation Act, the Commute Trip Reduction Act, transportation demand management programs, federal and state air quality requirements, and federal Americans with Disabilities Act and related state accessibility requirements; and
(b) Energy efficiency issues, freight and goods movement (as related to) economic
development, (regional significance,) rural isolation, fish passage, flood mitigation, the
leveraging of other funds including funds administered by the transportation improvement
board, and safety and security issues.
(3) In addition to the criteria identified in subsections (1) and (2) of this section, the transportation improvement board may choose to identify additional criteria for program and project selection for the state-wide competitive program. Such criteria shall be subject to public meetings as required by federal law, and shall be identified in the application guidelines.
(4) The transportation improvement board shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.
(5) The Transportation Improvement Board shall select projects for the statewide competitive program and forward the recommended list to the legislature, governor's Office, and the Washington state department of transportation on March 26, 1999, and February 1st for each year thereafter.
[Statutory Authority: 1995 c 269 § 2601. 95-22-056, § 479-510-420, filed 10/30/95, effective 11/30/95.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-510-450
Transportation Equity Act for the 21st Century or its successor
acts, enhancement program account--Eligibility.
(1) Eligibility to apply shall be limited to public agencies.
(2) Programs and projects eligible for funding shall be limited to the following purposes:
(a) Provision of bicycle and pedestrian facilities;
(b) Acquisition of scenic easement;
(c) Scenic or historic highway programs (including tourist and welcome center facilities);
(d) Landscaping and other scenic beautification;
(e) Historic preservation;
(f) Rehabilitation and operation of historic transportation buildings, structures or facilities;
(g) Preservation of abandoned railway corridors;
(h) Control and removal of outdoor advertising;
(i) Archaeological planning and research;
(j) Mitigation of water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity;
(l) Establishment of transportation museums.
(3) Projects eligible for funding under the account shall be limited to applications that directly benefit Washington State.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 479-510-460
Transportation Equity Act for the 21st Century or its successor
acts, enhancement program account--Criteria.
(1) Projects selected for funding from the enhancement program account shall be consistent with the following criteria:
(a) Local, regional, and state transportation plans;
(b) Local comprehensive land use plans.
(2) The following procedures shall be considered:
(a) Project applications shall be reviewed and regionally prioritized by the regional transportation planning organizations or metropolitan planning organizations and shall be forwarded to the transportation improvement board for selection.
(b) The Washington state department of transportation shall prepare application forms and guidelines to assist eligible applicants and ensure their distribution to all eligible applicants no later than thirty days prior to the date on which the applications must be submitted.
(c) The transportation improvement board shall establish priorities to fund regionally significant projects by allocating 25% of the funds to projects on a statewide basis and the remaining funds based on population distribution to the regional transportation planning organizations or metropolitan planning organizations.
(d) The transportation improvement board shall select projects for the enhancement program and forward the recommended list to the legislature, governor’s office and Washington state department of transportation on March 26, 1999 and by February 1st for each year thereafter.
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Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.