WSR 00-24-096

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed December 5, 2000, 11:54 a.m. ]

Original Notice.

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

Title of Rule: Title 136 WAC, amending WAC 136-130-030 Project prioritization in Puget Sound region, 136-130-050 Project prioritization in northeast region, 136-130-060 Project prioritization in southeast region, 136-130-070 Project prioritization in southwest region, 136-161-020 RAP program cycle -- General, 136-161-030 RAP program cycle -- Preliminary prospectus, 136-161-040 RAP program cycle -- Field review by CRAB, 136-161-050 RAP program cycle -- Final prospects, 136-161-070 RAP program cycle -- Selection and approval, 136-163-050 Limitations and conditions -- Emergency and emergent project, 136-210-030 Deviations from design standards, 136-210-040 Report of assistant secretary for highways and local programs, and 136-210-050 Project approval with deviation.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Name of Agency Personnel Responsible for Drafting and Implementation: Karen Pendleton, Olympia, (360) 753-5989; and Enforcement: Jay P. Weber, Olympia, (360) 753-5989.

Name of Proponent: County Road Administration Board, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This amendment changes percentages of RATA amount allocated to projects in the first year of the biennium.

Proposal Changes the Following Existing Rules: See Title of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, on January 11, 2001, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Karen Pendleton by January 11, 2001, TDD (800) 833-6384, or (360) 753-5989.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, fax (360) 586-0386, by January 5, 2001.

Date of Intended Adoption: January 11, 2001.

December 4, 2000

Jay P. Weber

Executive Director

OTS-4556.1


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-130-030   Project prioritization in Puget Sound region (PSR).   Each county in the PSR may submit projects requesting RATA funds not to exceed 80% of the forecasted regional ((allocation total)) apportionment.      Each project shall be rated in accordance with the PSR RAP rating procedures.      The PSR ((biennial apportionment)) funding period shall ((have)) allot a minimum of 25% of the forecasted regional ((allocation committed)) apportionment to projects on roads classified as major collectors (07) or minor collectors (08). PSR RAP rating points shall be assigned on the basis of twenty points for traffic volume, twenty-five points for accident history, fifteen points for structural condition, twenty-five points for geometric condition, and fifteen points for special use and need.      Prioritization of PSR projects shall be on the basis of total PSR RAP rating points shown on the project worksheet and the prospectus form of the project application.

[Statutory Authority: Chapter 36.79 RCW.      99-01-021, § 136-130-030, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-130-030, filed 4/20/98, effective 5/21/98.      Statutory Authority: RCW 36.79.060.      92-13-038 (Order 88), § 136-130-030, filed 6/10/92, effective 7/11/92.      Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49.      90-22-083 (Order 82), § 136-130-030, filed 11/6/90, effective 12/7/90.      Statutory Authority: Chapter 36.78 RCW.      86-06-005 (Order 61), § 136-130-030, filed 2/20/86; 84-16-065 (Order 56), § 136-130-030, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 99-16-038, filed 7/29/99, effective 8/29/99)

WAC 136-130-050   Project prioritization in northeast region (NER).   Each county in the NER may submit projects requesting RATA funds not to exceed twenty-five percent of the forecasted NER biennial apportionment. Each project shall be rated in accordance with the NER RAP rating procedures. The NER biennial apportionment shall be divided into the following categories at the percentages shown, provided sufficient projects are submitted for prioritization in each category:


Category 1 - Ten percent for bridge projects where RATA funds are used as a match for federal bridge replacement funds;
Category 2 - Forty-five percent for reconstruction of rural collectors; and
Category 3 - Forty-five percent for resurfacing, restoration, rehabilitation (3R) type projects on rural collectors.

     In the event that no projects or an insufficient number of projects are submitted in any of the above categories to utilize the RATA funds set aside for the category, all remaining funds in that category or categories shall be divided among the remaining categories as the county road administration board deems appropriate. The intent is to divide all available funds into categories having a sufficient number of submitted projects to fully utilize the funds available at each allocation during the biennium.

     Bridge projects may be submitted requesting RATA funds under one of the following conditions:

     (1) Bridges must be approved for federal bridge replacement funding and RATA funds shall be used only as a match for such federal funding. Bridges will be ranked for RATA funding using the WSDOT priority list and may be added to the NER Category 1 priority array at any time during the biennium upon approval of the Bridge for Federal Bridge replacement funding.

     (2) A stand-alone bridge project may be submitted as an ordinary RAP project provided that its priority rating has been computed by the bridge rating method in the NER RAP rating procedures. Such projects shall not be considered for funding from the bridge reserve described above.

     (3) A RAP project may include a bridge when the cost of the bridge does not exceed twenty percent of the total project cost.

     NER RAP rating points for reconstruction projects, 3R projects or non-federal bridge replacement projects shall be assigned on the basis of one hundred points for a condition rating and fifty points for a service rating. The priority rating equals the sum of two and one half times the product of the service rating to the 1.25 power and the common logarithm of the number obtained by dividing one hundred by the condition rating. A total of ten points representing local significance may be added to one project included in each county's biennial submittal. A total of up to ten points representing missing links definition may also be added to one project included in each county's biennial submittal. Prioritization of NER projects shall be on the basis of total NER RAP rating points shown on the appropriate project worksheet and the prospectus form of the project application.

[Statutory Authority: Chapter 36.79 RCW.      99-16-038, § 136-130-050, filed 7/29/99, effective 8/29/99; 99-01-021, § 136-130-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 92-13-038 (Order 88), § 136-130-050, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), § 136-130-050, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 88-12-080 (Order 69), § 136-130-050, filed 6/1/88; 86-21-076 (Order 63-P), § 136-130-050, filed 10/15/86; 86-06-005 (Order 61), § 136-130-050, filed 2/20/86; 84-16-065 (Order 56), § 136-130-050, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-130-060   Project prioritization in southeast region (SER).   Each county in the SER may submit projects requesting RATA funds not to exceed twice the per county limit of the forecasted SER biennial apportionment which is listed as follows:


Asotin County ten percent
Benton County fourteen percent
Columbia County eleven percent
Franklin County thirteen percent
Garfield County ten percent
Kittitas County thirteen percent
Klickitat County fourteen percent
Walla Walla County fourteen percent
Yakima County twenty percent

     Each project shall be rated in accordance with the SER RAP rating procedures.      Ten percent of the forecasted SER biennial apportionment shall be reserved for bridge projects.      Federally funded bridges for which counties are seeking matching funds shall receive first consideration for these funds, ranked against each other according to the WSDOT priority array.      Bridges receiving federal funding may be added to this list at any time during the biennium.      Stand-alone bridges may compete for funds in this reserve that remain after all bridges seeking match for federal funds have been funded.      These bridges will be rated against each other according to their total points assigned from the RAP Rating Worksheets for the SER.      Whatever part of the bridge reserve that is not allocated to bridge projects shall be available for allocation to other RAP projects.

     SER RAP rating points shall be assigned on the basis of forty-five points for structural condition, thirty points for geometrics, twenty-two points for traffic volume, five points for traffic accidents.      A total of twenty points representing local significance may be added to one project in each county's biennial submittal. Prioritization of SER projects shall be on the basis of total SER RAP rating points shown on the project worksheet and the prospectus form of the project application.

[Statutory Authority: Chapter 36.79 RCW.      99-01-021, § 136-130-060, filed 12/7/98, effective 1/7/99.      Statutory Authority: RCW 36.79.060.      97-06-006, § 136-130-060, filed 2/24/97, effective 3/27/97; 94-10-020, § 136-130-060, filed 4/27/94, effective 5/28/94; 92-13-038 (Order 88), § 136-130-060, filed 6/10/92, effective 7/11/92.      Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49.      90-22-083 (Order 82), § 136-130-060, filed 11/6/90, effective 12/7/90.      Statutory Authority: Chapter 36.78 RCW.      88-05-040 (Order 68), § 136-130-060, filed 2/16/88; 84-16-065 (Order 56), § 136-130-060, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 99-24-057, filed 11/29/99, effective 12/30/99)

WAC 136-130-070   Project prioritization in southwest region (SWR).   Each county in the SWR may submit projects requesting RATA funds not to exceed thirty percent of the forecasted SWR biennial apportionment.      No bridge replacement projects will be funded.      Each project shall be rated in accordance with the SWR RAP rating procedures.      SWR RAP rating points shall be assigned on the basis of fifty road condition points, consisting of twenty-five points for structural condition and twenty-five points for surface condition, fifty points for geometrics, ten points for traffic volume and ten points for traffic accidents, except that portland cement concrete surfaces and asphalt surfaces with cement concrete bases shall have fifty points for road surface condition and no points for structural condition and except that gravel roads shall have thirty-five points maximum for surface condition, and fifteen points maximum for roadbed width in geometrics and no other geometric points.      Prioritization of SWR projects shall be on the basis of total SWR RAP rating points shown on the project worksheets and the prospectus form of the project application.

[Statutory Authority: Chapter 36.79 RCW.      99-24-057, § 136-130-070, filed 11/29/99, effective 12/30/99; 99-01-021, § 136-130-070, filed 12/7/98, effective 1/7/99.      Statutory Authority: RCW 36.79.060.      92-13-038 (Order 88), § 136-130-070, filed 6/10/92, effective 7/11/92.      Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49.      90-22-083 (Order 82), § 136-130-070, filed 11/6/90, effective 12/7/90.      Statutory Authority: Chapter 36.78 RCW.      88-05-040 (Order 68), § 136-130-070, filed 2/16/88; 86-06-005 (Order 61), § 136-130-070, filed 2/20/86; 84-16-065 (Order 56), § 136-130-070, filed 7/30/84.]

OTS-4483.2


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-161-020   RAP program cycle -- General.   The RAP biennial program cycle consists of the following basic steps:

     (1) The CRABoard establishes a funding period if it determines that sufficient future RATA funds are available to provide for new RAP projects. This determination takes place during the CRABoard's regularly scheduled fall meeting in odd-numbered years.

     (2) Each county prepares and submits a preliminary prospectus to the county road administration board;

     (((2))) (3) County road administration board staff conducts a field review of each preliminary prospectus and provides to each submitting county an evaluation and scoring of all priority elements which are based on a visual examination, using that region's priority rating process;

     (((3))) (4) Each county prepares and submits a final prospectus to the county road administration board;

     (((4))) (5) For each final prospectus submitted, county road administration board staff computes the total priority rating score and assembles all projects into rank-ordered arrays by region; and

     (((5))) (6) The county road administration board reviews the rank-ordered arrays in each region and, based upon the RATA funds projected to be ((available)) allocable for the next project program period (see WAC 136-161-070), selects and approves specific projects for RATA funding.

[Statutory Authority: Chapter 36.79 RCW.      99-01-021, § 136-161-020, filed 12/7/98, effective 1/7/99.      Statutory Authority: RCW 36.79.060.      94-16-111, § 136-161-020, filed 8/2/94, effective 9/2/94.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-161-030   RAP program cycle -- Preliminary prospectus.   By March 1st of each even-numbered year prior to a funding period, each eligible county shall, for each project for which it seeks RATA funds estimated to be available in the next project program period, submit a preliminary prospectus to the county road administration board. The format and content of the preliminary prospectus shall be prescribed by the county road administration board. Each preliminary prospectus shall be signed by the county engineer. The number of preliminary prospectuses submitted and the total amount of RATA funds requested by each eligible county shall be sufficient to assure that, based upon such prospectuses, each county will be able to compete up to its county limit within its region.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-161-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-030, filed 8/2/94, effective 9/2/94.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-161-040   RAP program cycle -- Field review by county road administration board.   After all preliminary prospectuses are received, the county road administration board will schedule and conduct an on-site field review of each project.      During the field review, conducted jointly with the county engineer or his/her designee (unless waived by the county engineer), the assigned county road administration board staff person will review the overall project scope with the county representative and, using that region's priority rating process, determine the rating score of all priority elements which are based on a visual examination.      To ensure both uniformity and professional judgment in the visual ratings, the assigned county road administration board staff person shall be a licensed professional civil engineer in the state of Washington, and the same person shall review and rate all projects within a region.      All field reviews will be completed, and the visual rating scores returned to each submitting county, by July 1st of each even-numbered year prior to a funding period.

[Statutory Authority: Chapter 36.79 RCW.      99-01-021, § 136-161-040, filed 12/7/98, effective 1/7/99.      Statutory Authority: RCW 36.79.060.      94-16-111, § 136-161-040, filed 8/2/94, effective 9/2/94.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-161-050   RAP program cycle -- Final prospectus.   By September 1st of each even-numbered year prior to a funding period, each eligible county shall submit a final prospectus for each project for which it seeks RATA funds.      Each final prospectus shall be submitted on forms provided by the county road administration board and shall include a vicinity map, a typical cross-section (existing and proposed), and, if a design deviation is required, an evaluation and determination by the county engineer.      If a project is for the improvement of a road which continues into an adjacent county and the project terminus is within one thousand feet of the county line, the prospectus shall include a statement signed by the county engineer of the adjacent county certifying that the adjacent county will cooperate with the applicant county to the extent necessary to achieve a mutually acceptable design.      All final prospectuses shall indicate that the construction of the project shall begin not later than six years from the date of project approval by the county road administration board.      All final prospectuses shall come from the pool of preliminary prospectuses submitted and field reviewed as specified in WAC 136-161-030 and 136-161-040.

[Statutory Authority: Chapter 36.79 RCW.      99-01-021, § 136-161-050, filed 12/7/98, effective 1/7/99.      Statutory Authority: RCW 36.79.060.      94-16-111, § 136-161-050, filed 8/2/94, effective 9/2/94.]


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-161-070   RAP program cycle -- Selection and approval of projects for RATA funding.   (1) At its last regular meeting before the beginning of each biennium, the county road administration board will select projects and allocate anticipated RATA funds to projects in each region.      The preliminary priority arrays as developed in WAC 136-161-060 will be updated to exclude any county which is ineligible under chapter 136-150 WAC, and projects will be selected from these arrays.      Selections will be made in each region in declining priority rank order, provided that:

     (a) No county shall be allocated RATA funds in excess of its regional county limit as specified in WAC 136-161-080; and

     (b) Any projects which were partially funded in the prior biennium shall, unless otherwise requested by the county, be fully funded before new projects are selected.      Ties in total rating points will be broken by the county road administration board in favor of the county having the lesser total amount of previously allocated RATA funds.

     (2) The statewide net amount of RATA funds available for allocation to projects in the ((project program)) funding period will be based on the most recent state fuel tax revenue forecast prepared quarterly by the department of transportation, less estimated administrative costs, and less any amounts set aside for emergent projects as described in WAC 136-163-020.      The total amount of RATA funds available for allocation to projects in a region (i.e., "forecasted regional apportionment amount") will be based on the regional apportionment percentages of the statewide net amount as determined in chapter 136-100 WAC.

     (3) For the ((biennium)) funding period beginning July 1, 1995, the project program period will be the next four state fiscal years (1996, 1997, 1998 and 1999, beginning July 1, 1995, and ending June 30, 1999).      For the ((biennium)) funding period beginning July 1, 1997, the project program period will begin July 1, 1999 and end June 30, 2001.      ((For each biennium thereafter, the project program period will be two years in length, beginning and ending two years later than the preceding project program period.))

     (4) The RATA amounts allocated to projects in the first year of the biennium are limited to no more than ninety percent of the net amount estimated to be ((available)) allocable to each region for the project program period, with the remaining ((ten percent)) percentage allocated at such time as deemed appropriate by the county road administration board.

     (5) Acceptance of the RATA allocation for a project by the full execution of a CRAB/county contract as described in chapter 136-170 WAC constitutes agreement to complete the project in compliance with the scope, design and project limits in the final prospectus.      All material changes to the scope, design or project limits must be approved by the county road administration board prior to commencement of construction.

[Statutory Authority: Chapter 36.79 RCW.      99-01-021, § 136-161-070, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-161-070, filed 4/20/98, effective 5/21/98.      Statutory Authority: RCW 36.78.070 and 36.79.060.      96-17-013, § 136-161-070, filed 8/12/96, effective 9/12/96.      Statutory Authority: RCW 36.79.060.      94-16-111, § 136-161-070, filed 8/2/94, effective 9/2/94.]

OTS-4557.1


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-163-050   Limitations and conditions -- Emergency and emergent projects.   All projects for which RATA funding is being requested under this chapter are subject to the following:

     (1) The requesting county has the sole burden of making a clear and conclusive showing that the project is either emergent or emergency as described in WAC 136-163-020 through 136-163-040;

     (2) The requesting county shall clearly demonstrate that the need for the project was unable to be anticipated at the time the current six-year transportation program was developed; and

     (3) The requesting county agrees to a reduction in the next ((biennium's)) funding period's maximum RATA eligibility to the county equal to the RATA that may be provided; however, should that region not have a maximum RATA eligibility for each county, the requesting county agrees to withdraw, amend or delay an existing approved project or portion thereof in an amount equal to the RATA that may be provided for the project.

[Statutory Authority: Chapter 36.79 RCW.      99-01-021, § 136-163-050, filed 12/7/98, effective 1/7/99.      Statutory Authority: RCW 36.79.060.      96-17-014, § 136-163-050, filed 8/12/96, effective 9/12/96.]

OTS-4558.1


AMENDATORY SECTION(Amending WSR 98-09-070, filed 4/20/98, effective 5/21/98)

WAC 136-210-030   Deviations from design standards.   Deviation from the specified design standards may be requested by the county engineer in responsible charge of the project when circumstances exist which would make application of adopted standards exceedingly difficult.      Whenever a deviation request is to be made on a project, it shall be so noted on the project application submitted in accordance with WAC 136-161-050.      Request for deviation shall be made to the WSDOT assistant secretary for ((transaid)) highways and local programs.

[Statutory Authority: Chapter 36.79 RCW.      98-09-070, § 136-210-030, filed 4/20/98, effective 5/21/98.      Statutory Authority: RCW 36.78.070 and 36.79.060.      96-17-013, § 136-210-030, filed 8/12/96, effective 9/12/96.      Statutory Authority: Chapter 36.78 RCW.      84-16-065 (Order 56), § 136-210-030, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 96-17-013, filed 8/12/96, effective 9/12/96)

WAC 136-210-040   Report of assistant secretary for ((transaid)) highways and local programs.   Whenever the CRABoard meets to approve RAP projects the assistant secretary for ((transaid)) highways and local programs shall provide a written report on his action in response to deviation requests, if any, made on individual projects.      Failure of the assistant secretary for ((transaid)) highways and local programs to report in response to a deviation request within thirty days of receipt of such request shall be considered as approval.

[Statutory Authority: RCW 36.78.070 and 36.79.060.      96-17-013, § 136-210-040, filed 8/12/96, effective 9/12/96.      Statutory Authority: Chapter 36.78 RCW.      84-16-065 (Order 56), § 136-210-040, filed 7/30/84.]


AMENDATORY SECTION(Amending WSR 96-17-013, filed 8/12/96, effective 9/12/96)

WAC 136-210-050   Project approval with deviation.   After having received the report of the assistant secretary for ((transaid)) highways and local programs in response to deviation requests, the CRABoard shall proceed with RAP project approval in accordance with WAC 136-161-050.      Proposed projects for which the deviation request has been denied shall not be approved.

[Statutory Authority: RCW 36.78.070 and 36.79.060.      96-17-013, § 136-210-050, filed 8/12/96, effective 9/12/96.      Statutory Authority: Chapter 36.78 RCW.      84-16-065 (Order 56), § 136-210-050, filed 7/30/84.]

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